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91_HB0236eng
HB0236 Engrossed LRB9100031DJcdA
1 AN ACT to revise the Civil Administrative Code of
2 Illinois.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1. REVISORY PROVISIONS
6 Section 1-5. Purpose. The purpose of this amendatory Act
7 is to revise the Civil Administrative Code of Illinois by
8 renumbering and rearranging the provisions of that Code,
9 making only nonsubstantive and technical changes.
10 Section 1-10. Prior law.
11 (a) A provision revised and continued in the Civil
12 Administrative Code of Illinois by this amendatory Act shall
13 be construed as a continuation of the prior law and not as a
14 new or different law.
15 (b) A citation in an Act other than the Civil
16 Administrative Code of Illinois to a Section of that Code
17 that is renumbered and continued in that Code by this
18 amendatory Act shall be construed to be a citation to that
19 renumbered and continued provision in that Code.
20 (c) Section 46.20 of the Civil Administrative Code of
21 Illinois (20 ILCS 605/46.20), which authorizes the
22 Department of Commerce and Community Affairs to make rules
23 and regulations, duplicates Section 46.42 of the Code (20
24 ILCS 605/46.42). Section 46.20 is therefore redundant and is
25 repealed without being continued in the Code. Section 46.42
26 is continued in the Code at 20 ILCS 605/605-95.
27 Section 1-15. Other Acts of the General Assembly. If any
28 other Act of the General Assembly changes, adds, or repeals a
29 provision of prior law that is renumbered and continued in
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1 the Civil Administrative Code of Illinois by this amendatory
2 Act, then that change, addition, or repeal in the other Act
3 shall be construed together with the Civil Administrative
4 Code of Illinois as amended by this amendatory Act.
5 Section 1-20. Matters of form.
6 (a) The parenthetic citation before a new Article
7 heading or new Section in the Form "(XX ILCS XX/Art. XX
8 heading new)" or "(XX ILCS XX/XX new)" (i) is an
9 informational reference to the citation of the new Article
10 heading or new Section in the Illinois Compiled Statutes and
11 (ii) is not part of the text of the law.
12 (b) The parenthetic citation before a new Section in the
13 form "(was XX ILCS XX/XX)" (i) is an informational reference
14 to the prior law from which the new Section is derived and
15 (ii) is not part of the text of the law.
16 (c) In the text of a new Section, (i) matter that is
17 stricken indicates a deletion from the prior law and (ii)
18 matter that is underscored indicates an addition to the prior
19 law. The purpose of striking and underscoring in this manner
20 is to clearly indicate all changes to prior laws that are
21 being renumbered and continued in the Civil Administrative
22 Code of Illinois. Matter in the text of a new Section that
23 is not stricken or underscored is matter being continued in
24 the Code with no changes.
25 (d) The parenthetic citation after a Section in the form
26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
27 is an informational reference to the most recent sources of
28 the continued text in the Session Laws of Illinois and (ii)
29 is not part of the text of the law.
30 Section 1-25. Home rule; mandates. No provision
31 incorporated into the Civil Administrative Code of Illinois
32 by this amendatory Act (i) is a denial of or limitation on
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1 home rule powers if no denial or limitation existed under
2 prior law or (ii) creates a State mandate under the State
3 Mandates Act if no mandate existed under prior law.
4 Section 1-30. Titles; Articles; captions. The language
5 contained in the Titles, Article headings, and Section and
6 subsection captions in this Code:
7 (1) is intended only as a general description that is not
8 a part of the substantive provisions of this Code;
9 (2) does not take precedence over the content of the
10 substantive provisions of this Code; and
11 (3) shall not be used in construing the meaning of the
12 substantive provisions of this Code.
13 ARTICLE 5. AMENDATORY PROVISIONS
14 Section 5-5. The Civil Administrative Code of Illinois
15 is amended by changing and renumbering and, in part,
16 resectioning the Sections of the Code and by adding certain
17 Article headings and Sections to the Code as follows:
18 (20 ILCS 5/Art. 1 heading new)
19 ARTICLE 1. SHORT TITLE
20 AND GENERAL PROVISIONS
21 (20 ILCS 5/1-1 new)
22 (was 20 ILCS 5/1) (from Ch. 127, par. 1)
23 Sec. 1-1. Short title. 1. This Act may be cited as the
24 Civil Administrative Code of Illinois.
25 (Source: P.A. 86-1475.)
26 (20 ILCS 5/1-5 new)
27 Sec. 1-5. Articles. The Civil Administrative Code of
28 Illinois consists of the following Articles:
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1 Article 1. Short title and general provisions (20 ILCS
2 5/1-1 and following).
3 Article 5. Departments of State Government Law (20 ILCS
4 5/5-1 and following).
5 Article 50. State Budget Law (15 ILCS 50/).
6 Article 110. Department on Aging Law (20 ILCS 110/).
7 Article 205. Department of Agriculture Law (20 ILCS
8 205/).
9 Article 250. State Fair Grounds Title Law (5 ILCS 250/).
10 Article 310. Department of Human Services (Alcoholism and
11 Substance Abuse) Law (20 ILCS 310/).
12 Article 405. Department of Central Management Services
13 Law (20 ILCS 405/).
14 Article 510. Department of Children and Family Services
15 Powers Law (20 ILCS 510/).
16 Article 605. Department of Commerce and Community Affairs
17 Law (20 ILCS 605/).
18 Article 805. Department of Natural Resources
19 (Conservation) Law (20 ILCS 805/).
20 Article 1005. Department of Employment Security Law (20
21 ILCS 1005/).
22 Article 1405. Department of Insurance Law (20 ILCS
23 1405/).
24 Article 1505. Department of Labor Law (20 ILCS 1505/).
25 Article 1710. Department of Human Services (Mental Health
26 and Developmental Disabilities) Law (20 ILCS 1710/).
27 Article 1905. Department of Natural Resources (Mines and
28 Minerals) Law (20 ILCS 1905/).
29 Article 2005. Department of Nuclear Safety Law (20 ILCS
30 2005/).
31 Article 2105. Department of Professional Regulation Law
32 (20 ILCS 2105/).
33 Article 2205. Department of Public Aid Law (20 ILCS
34 2205/).
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1 Article 2310. Department of Public Health Powers and
2 Duties Law (20 ILCS 2310/).
3 Article 2505. Department of Revenue Law (20 ILCS 2505/).
4 Article 2605. Department of State Police Law (20 ILCS
5 2605/).
6 Article 2705. Department of Transportation Law (20 ILCS
7 2705/).
8 Article 3000. University of Illinois Exercise of
9 Functions and Duties Law (110 ILCS 355/).
10 (20 ILCS 5/Art. 5 heading new)
11 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
12 (20 ILCS 5/5-1 new)
13 Sec. 5-1. Article short title. This Article 5 of the
14 Civil Administrative Code of Illinois may be cited as the
15 Departments of State Government Law.
16 (20 ILCS 5/5-5 new)
17 (was 20 ILCS 5/2) (from Ch. 127, par. 2)
18 Sec. 5-5. "Department". 2. The word "department," As used
19 in the Civil Administrative Code of Illinois this Act shall,
20 unless the context otherwise clearly indicates, the word
21 "department" means mean the several departments of the State
22 government as designated in Section 5-15 3 of this Law Act,
23 and none other.
24 (Source: Laws 1917, p. 2.)
25 (20 ILCS 5/5-10 new)
26 (was 20 ILCS 5/2.1)
27 Sec. 5-10. "Director". 2.1. As used in the Civil
28 Administrative this Code of Illinois, unless the context
29 clearly indicates otherwise, the word "director" means the
30 several directors of the departments of State government as
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1 designated in Section 5-20 4 of this Law Code and includes
2 the Secretary of Human Services and the Secretary of
3 Transportation.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 (20 ILCS 5/5-15 new)
6 (was 20 ILCS 5/3) (from Ch. 127, par. 3)
7 Sec. 5-15. Departments of State government. 3. The
8 Departments of State government are created as follows:
9 The Department on Aging.
10 The Department of Agriculture.
11 The Department of Central Management Services.
12 The Department of Children and Family Services.
13 The Department of Commerce and Community Affairs.
14 The Department of Corrections.
15 The Department of Employment Security.
16 The Department of Financial Institutions.
17 The Department of Human Rights.
18 The Department of Human Services.
19 The Department of Insurance.
20 The Department of Labor.
21 The Department of the Lottery.
22 The Department of Natural Resources.
23 The Department of Nuclear Safety.
24 The Department of Professional Regulation.
25 The Department of Public Aid.
26 The Department of Public Health.
27 The Department of Revenue.
28 The Department of State Police.
29 The Department of Transportation.
30 The Department of Veterans' Affairs.
31 The Department of Agriculture;
32 The Department of Labor;
33 The Department of Transportation;
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1 The Department of Human Services;
2 The Department of Public Health;
3 The Department of Professional Regulation;
4 The Department of Natural Resources;
5 The Department of Insurance;
6 The Department of State Police;
7 The Department of Corrections;
8 The Department of Revenue;
9 The Department of Financial Institutions;
10 The Department of Public Aid;
11 The Department of Children and Family Services;
12 The Department of Commerce and Community Affairs;
13 The Department of Central Management Services;
14 The Department on Aging;
15 The Department of Veterans' Affairs;
16 The Department of Nuclear Safety;
17 The Department of Human Rights;
18 The Department of Employment Security;
19 The Department of the Lottery.
20 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
21 (20 ILCS 5/5-20 new)
22 (was 20 ILCS 5/4) (from Ch. 127, par. 4)
23 Sec. 5-20. Heads of departments. 4. Each department
24 shall have an officer as its head who shall be known as
25 director or secretary and who shall, subject to the
26 provisions of the Civil Administrative Code of Illinois this
27 Act, execute the powers and discharge the duties vested by
28 law in his or her respective department.
29 The following officers are hereby created:
30 Director of Aging, for the Department on Aging.
31 Director of Agriculture, for the Department of
32 Agriculture.
33 Director of Central Management Services, for the
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1 Department of Central Management Services.
2 Director of Children and Family Services, for the
3 Department of Children and Family Services.
4 Director of Commerce and Community Affairs, for the
5 Department of Commerce and Community Affairs.
6 Director of Corrections, for the Department of
7 Corrections.
8 Director of Employment Security, for the Department of
9 Employment Security.
10 Director of Financial Institutions, for the Department of
11 Financial Institutions.
12 Director of Human Rights, for the Department of Human
13 Rights.
14 Secretary of Human Services, for the Department of Human
15 Services.
16 Director of Insurance, for the Department of Insurance.
17 Director of Labor, for the Department of Labor.
18 Director of the Lottery, for the Department of the
19 Lottery.
20 Director of Natural Resources, for the Department of
21 Natural Resources.
22 Director of Nuclear Safety, for the Department of Nuclear
23 Safety.
24 Director of Professional Regulation, for the Department
25 of Professional Regulation.
26 Director of Public Aid, for the Department of Public Aid.
27 Director of Public Health, for the Department of Public
28 Health.
29 Director of Revenue, for the Department of Revenue.
30 Director of State Police, for the Department of State
31 Police.
32 Secretary of Transportation, for the Department of
33 Transportation.
34 Director of Veterans' Affairs, for the Department of
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1 Veterans' Affairs.
2 Director of Agriculture, for the Department of
3 Agriculture;
4 Director of Labor, for the Department of Labor;
5 Secretary of Transportation, for the Department of
6 Transportation;
7 Secretary of Human Services, for the Department of Human
8 Services;
9 Director of Public Health, for the Department of Public
10 Health;
11 Director of Professional Regulation, for the Department
12 of Professional Regulation;
13 Director of Natural Resources, for the Department of
14 Natural Resources;
15 Director of Insurance, for the Department of Insurance;
16 Director of State Police, for the Department of State
17 Police;
18 Director of Corrections, for the Department of
19 Corrections;
20 Director of Revenue, for the Department of Revenue;
21 Director of Financial Institutions, for the Department of
22 Financial Institutions;
23 Director of Children and Family Services, for the
24 Department of Children and Family Services;
25 Director of Public Aid, for the Department of Public Aid;
26 Director of Commerce and Community Affairs, for the
27 Department of Commerce and Community Affairs;
28 Director of Central Management Services, for the
29 Department of Central Management Services;
30 Director of Aging, for the Department on Aging;
31 Director of Veterans' Affairs, for the Department of
32 Veterans' Affairs;
33 Director of Human Rights, for the Department of Human
34 Rights;
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1 Director of Nuclear Safety, for the Department of Nuclear
2 Safety;
3 Director of Employment Security, for the Department of
4 Employment Security;
5 Director of the Lottery, for the Department of the
6 Lottery.
7 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
8 (20 ILCS 5/5-95 new)
9 (was 20 ILCS 5/34) (from Ch. 127, par. 34)
10 Sec. 5-95. Pending actions and proceedings. 34. Neither
11 the Civil Administrative Code of Illinois nor this Act or any
12 amendments to the Code thereto shall not affect any act done,
13 ratified, or confirmed, or any right accrued or established,
14 or any action or proceeding had or commenced in a civil or
15 criminal cause before the Code this Act or any amendments to
16 the Code take thereto takes effect. Those; but such actions
17 or proceedings may be prosecuted and continued by the
18 department having jurisdiction, under the Code this Act or
19 any amendments to the Code, thereto of the subject matter to
20 which the such litigation or proceeding pertains.
21 (Source: Laws 1925, p. 585.)
22 (20 ILCS 5/5-100 new)
23 (was 20 ILCS 5/5) (from Ch. 127, par. 5)
24 Sec. 5-100. Executive and administrative officers,
25 boards, and commissions. 5. In addition to the directors of
26 departments, the following executive and administrative
27 officers, boards, and commissions designated in the Sections
28 following this Section and preceding Section 5-200 are
29 created. These, which officers, boards, and commissions in
30 the respective departments shall hold offices created and
31 designated in those Sections 5.01 to 5.13j, each inclusive.
32 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 5/5-105 new)
2 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
3 Sec. 5-105. Direction, supervision, and control of
4 officers. Each officer 5.14. The officers named in the
5 Sections following Section 5-100 and preceding Section 5-200
6 5.01 to 5.13j shall, except as otherwise provided in the
7 Civil Administrative Code of Illinois this Act, be under the
8 direction, supervision, and control of the director or
9 secretary of the officer's their respective department
10 departments and shall perform the such duties prescribed by
11 as the director or secretary shall prescribe.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 5/5-110 new)
14 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
15 Sec. 5-110. 5.02. In the Department of Agriculture.
16 Assistant Director of Agriculture.
17 (Source: P.A. 80-594.)
18 (20 ILCS 5/5-115 new)
19 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
20 Sec. 5-115. 5.13e. In the Department of Central
21 Management Services. Two Assistant Directors of Central
22 Management Services.
23 (Source: P.A. 82-789.)
24 (20 ILCS 5/5-120 new)
25 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
26 Sec. 5-120. 5.13g. In the Department of Commerce and
27 Community Affairs. Assistant Director of Commerce and
28 Community Affairs.
29 (Source: P.A. 81-1509.)
30 (20 ILCS 5/5-125 new)
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1 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
2 Sec. 5-125. 5.13i. In the Department of Employment
3 Security. The board of review, which shall consist of 5 five
4 members, 2 two of whom shall be representative citizens
5 chosen from the employee class, 2 two of whom shall be
6 representative citizens chosen from the employing class, and
7 one of whom shall be a representative citizen not identified
8 with either the employing or employee classes.
9 (Source: P.A. 84-1240.)
10 (20 ILCS 5/5-130 new)
11 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
12 Sec. 5-130. 5.13b. In the Department of Financial
13 Institutions. Assistant Director of Financial Institutions.
14 (Source: Laws 1959, p. 2245.)
15 (20 ILCS 5/5-135 new)
16 (was 20 ILCS 5/5.13j)
17 Sec. 5-135. 5.13j. In the Department of Human Services.
18 There shall be 2 Assistant Secretaries of Human Services.
19 Their initial terms shall run from the date of appointment
20 until January 18, 1999, and until their successors have been
21 appointed and have qualified. Thereafter, their terms shall
22 be as provided in Section 5-605 12 of this Law Code.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (20 ILCS 5/5-140 new)
25 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
26 Sec. 5-140. 5.10 In the Department of Insurance.
27 Assistant Director of Insurance.
28 (Source: Laws 1953, p. 82, 567, and 916.)
29 (20 ILCS 5/5-145 new)
30 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
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1 Sec. 5-145. 5.03. In the Department of Labor. Assistant
2 Director of Labor; Chief Factory Inspector; and
3 Superintendent of Safety Inspection and Education.
4 (Source: P.A. 83-1503.)
5 (20 ILCS 5/5-150 new)
6 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
7 Sec. 5-150. 5.09. In the Department of Natural Resources.
8 Assistant Director of Natural Resources.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 5/5-155 new)
11 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
12 Sec. 5-155. 5.04. In the Office of Mines and Minerals of
13 the Department of Natural Resources. In the Office of Mines
14 and Minerals of the Department of Natural Resources, there
15 shall be a State Mining Board, which shall consist of 6 six
16 officers designated as mine officers and the Director of the
17 Office of Mines and Minerals. Three officers shall be
18 representatives of the employing class and 3 of the employee
19 class. The 6 mine officers shall be qualified as follows:
20 (1) A. Two mine officers from the employing class
21 shall have at least 4 years experience in a supervisory
22 capacity in an underground coal mine and each shall hold
23 a certificate of competency as a mine examiner or mine
24 manager.
25 (2) B. The third mine officer from the employing
26 class shall have at least 4 years experience in a
27 supervisory capacity in a surface coal mine.
28 (3) C. Two mine officers from the employee class
29 shall have 4 years experience in an underground coal mine
30 and shall hold a first class certificate of competency.
31 (4) D. The third mine officer from the employee
32 class shall have at least 4 years experience in a surface
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1 coal mine.
2 (Source: P.A. 89-445, eff. 2-7-96.)
3 (20 ILCS 5/5-160 new)
4 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
5 Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
6 Assistant Director of Nuclear Safety.
7 (Source: P.A. 82-783.)
8 (20 ILCS 5/5-165 new)
9 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
10 Sec. 5-165. 5.13c. In the Department of Public Aid.
11 Assistant Director of Public Aid.
12 (Source: Laws 1963, p. 2055.)
13 (20 ILCS 5/5-170 new)
14 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
15 Sec. 5-170. 5.07. In the Department of Public Health.
16 Assistant Director of Public Health.
17 (Source: Laws 1953, p. 82, 567, and 916.)
18 (20 ILCS 5/5-175 new)
19 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
20 Sec. 5-175. 5.12. In the Department of Revenue. Assistant
21 Director of Revenue; and State Lottery Superintendent.
22 (Source: P.A. 83-1250.)
23 (20 ILCS 5/5-180 new)
24 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
25 Sec. 5-180. 5.11. In the Department of State Police.
26 Assistant Director of State Police.
27 (Source: P.A. 84-25.)
28 (20 ILCS 5/5-185 new)
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1 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
2 Sec. 5-185. 5.05. In the Department of Transportation.
3 Assistant Secretary of Transportation.
4 (Source: P.A. 77-153.)
5 (20 ILCS 5/5-190 new)
6 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
7 Sec. 5-190. 5.01a. In the Department of Veterans'
8 Affairs. Assistant Director of Veterans' Affairs.
9 (Source: P.A. 79-376.)
10 (20 ILCS 5/5-200 new)
11 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
12 Sec. 5-200. 7.11. Director of Aging. The Director of
13 Aging shall be a senior citizen, as that such term is defined
14 in the "Illinois Act on the Aging", enacted by the
15 Seventy-eighth General Assembly, as now or hereafter amended,
16 who has sufficient experience in providing services to the
17 aging.
18 (Source: P.A. 78-242.)
19 (20 ILCS 5/5-210 new)
20 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
21 Sec. 5-210. 7.08. Director of Children and Family
22 Services. The Director of Children and Family Services shall
23 be qualified by professional education and experience to
24 administer the Department.
25 (Source: Laws 1963, p. 1055.)
26 (20 ILCS 5/5-215 new)
27 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
28 Sec. 5-215. Director and Assistant Director of Financial
29 Institutions. 7.06. The Director and Assistant Director of
30 Financial Institutions shall be persons thoroughly conversant
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1 with the theory and practice of the business and purposes of
2 financial institutions.
3 (Source: Laws 1959, p. 2245.)
4 (20 ILCS 5/5-220 new)
5 (was 20 ILCS 5/7.07b)
6 Sec. 5-220. 7.07b. Secretary of Human Services. The
7 initial term of the Secretary of Human Services shall run
8 from the date of appointment until January 18, 1999, and
9 until a successor has been appointed and has qualified.
10 Thereafter, terms shall be as provided in Section 5-605 12 of
11 this Law Code.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 5/5-225 new)
14 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
15 Sec. 5-225. In the Department of Professional Regulation.
16 7.04. Neither the Director, nor any other executive and
17 administrative officer in the Department of Professional
18 Regulation shall be affiliated with any college or school
19 that which prepares individuals for licensure in any
20 profession or occupation regulated by the Department, either
21 as teacher, officer, or stockholder, nor shall the director
22 or other executive and administrative officer he hold a
23 license or certificate to exercise or practice any of the
24 professions, trades, or occupations regulated.
25 (Source: P.A. 85-225.)
26 (20 ILCS 5/5-230 new)
27 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
28 Sec. 5-230. 7.09. Director and Assistant Director of
29 Public Aid. The Director of Public Aid shall (1) have
30 substantial experience in responsible positions requiring
31 skill in administration and fiscal management, and (2) be
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1 actively interested in the development of effective programs
2 for the alleviation of poverty and the reduction of
3 dependency and social maladjustment.
4 The Assistant Director of Public Aid shall have the same
5 general qualifications as those set forth for the Director of
6 Public Aid in clauses (1) and (2) of the preceding paragraph
7 above.
8 (Source: P.A. 81-1256.)
9 (20 ILCS 5/5-235 new)
10 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
11 Sec. 5-235. In the Department of Public Health. 7.03. The
12 Director of Public Health shall be a physician licensed to
13 practice medicine in all of its branches in Illinois.
14 The Assistant Director of Public Health shall be a person
15 who has administrative experience in public health work.
16 (Source: P.A. 87-633.)
17 (20 ILCS 5/5-300 new)
18 (was 20 ILCS 5/9) (from Ch. 127, par. 9)
19 Sec. 5-300. Officers' qualifications and salaries. 9. The
20 executive and administrative officers, whose offices are
21 created by this Act, must have the qualifications prescribed
22 by law and shall receive annual salaries, payable in equal
23 monthly installments, as designated in the Sections following
24 this Section and preceding Section 5-500 9.01 through 9.25.
25 (Source: P.A. 81-1516.)
26 (20 ILCS 5/5-305 new)
27 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
28 Sec. 5-305. Officers' tuition reimbursement. 9.01.
29 Officers may receive tuition reimbursement for continuing
30 education programs at accredited colleges and universities.
31 Reimbursement of a department head's tuition shall be limited
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1 to reimbursement for 4 or fewer course hours per semester,
2 shall require the Governor's approval of enrollment with
3 certification that participation will benefit the State, and
4 shall require proof of satisfactory completion of the course
5 prior to reimbursement.
6 (Source: P.A. 84-500.)
7 (20 ILCS 5/5-310 new)
8 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
9 Sec. 5-310. 9.21. In the Department on of Aging. The
10 Director of Aging shall receive $35,200 from the third Monday
11 in January, 1979 to the third Monday in January, 1980;
12 $37,300 from the third Monday in January, 1980 to the third
13 Monday in January, 1981; $39,500 from the third Monday in
14 January, 1981 to the third Monday in January, 1982, and
15 $40,000 thereafter or as set by the Compensation Review
16 Board, whichever is greater.
17 (Source: P.A. 83-1177.)
18 (20 ILCS 5/5-315 new)
19 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
20 Sec. 5-315. 9.02. In the Department of Agriculture. The
21 Director of Agriculture shall receive $38,500 from the third
22 Monday in January, 1979 to the third Monday in January, 1980;
23 $40,800 from the third Monday in January, 1980 to the third
24 Monday in January, 1981, and $43,000 thereafter or as set by
25 the Compensation Review Board, whichever is greater.;
26 The Assistant Director of Agriculture shall receive
27 $33,000 from the third Monday in January, 1979 to the third
28 Monday in January, 1980; $34,900 from the third Monday in
29 January, 1980 to the third Monday in January, 1981 and
30 $37,000 thereafter or as set by the Compensation Review
31 Board, whichever is greater.
32 (Source: P.A. 83-1177.)
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1 (20 ILCS 5/5-320 new)
2 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
3 Sec. 5-320. 9.19. In the Department of Central
4 Management Services. The Director of Central Management
5 Services shall receive $52,000 annually, or an amount set by
6 the Compensation Review Board, whichever is greater.;
7 Each Assistant Director of Central Management Services
8 shall receive $40,000 annually, or an amount set by the
9 Compensation Review Board, whichever is greater.
10 (Source: P.A. 83-1177.)
11 (20 ILCS 5/5-325 new)
12 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
13 Sec. 5-325. 9.16. In the Department of Children and
14 Family Services. The Director of Children and Family
15 Services shall receive an annual salary of $76,991 or as set
16 by the Compensation Review Board, whichever is greater.
17 (Source: P.A. 87-1216.)
18 (20 ILCS 5/5-330 new)
19 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
20 Sec. 5-330. 9.18. In the Department of Commerce and
21 Community Affairs. The Director of Commerce and Community
22 Affairs shall receive $41,800 annually from the date of his
23 appointment to the third Monday in January, 1980; $44,300
24 from the third Monday in January, 1980 to the third Monday in
25 January, 1981; and $46,000 thereafter or as set by the
26 Compensation Review Board, whichever is greater.
27 The Assistant Director of Commerce and Community Affairs
28 shall receive $35,200 annually from the date of his
29 appointment to the third Monday in January, 1980; $37,300
30 from the third Monday in January, 1980 to the third Monday in
31 January, 1981, and $39,000 thereafter or as set by the
32 Compensation Review Board, whichever is greater.
HB0236 Engrossed -20- LRB9100031DJcdA
1 (Source: P.A. 83-1177.)
2 (20 ILCS 5/5-335 new)
3 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
4 Sec. 5-335. 9.11a. In the Department of Corrections. The
5 Director of Corrections shall receive an annual salary of
6 $85,000 or as set by the Compensation Review Board, whichever
7 is greater.
8 The Assistant Director of Corrections - Juvenile Division
9 shall receive $35,200 from the third Monday in January, 1979
10 to the third Monday in January, 1980; $37,300 from the third
11 Monday in January, 1980 to the third Monday in January, 1981,
12 and $39,000 thereafter or as set by the Compensation Review
13 Board, whichever is greater.
14 The Assistant Director of Corrections - Adult Division
15 shall receive $35,200 from the third Monday in January, 1979
16 to the third Monday in January, 1980; $37,300 from the third
17 Monday in January, 1980 to the third Monday in January, 1981,
18 and $39,000 thereafter or as set by the Compensation Review
19 Board, whichever is greater.
20 (Source: P.A. 87-1216.)
21 (20 ILCS 5/5-340 new)
22 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
23 Sec. 5-340. 9.30. In the Department of Employment
24 Security. The Director of Employment Security shall receive
25 an annual salary of $53,500, or an amount set by the
26 Compensation Review Board, whichever is greater.
27 Each member of the Board of Review shall receive $15,000.
28 (Source: P.A. 84-26.)
29 (20 ILCS 5/5-345 new)
30 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
31 Sec. 5-345. 9.15. In the Department of Financial
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1 Institutions. The Director of Financial Institutions shall
2 receive $38,500 from the third Monday in January, 1979 to the
3 third Monday in January, 1980; $40,800 from the third Monday
4 in January, 1980 to the third Monday in January, 1981, and
5 $43,000 thereafter or as set by the Compensation Review
6 Board, whichever is greater.;
7 The Assistant Director of Financial Institutions shall
8 receive $33,000 from the third Monday in January, 1979 to the
9 third Monday in January, 1980; $34,900 from the third Monday
10 in January, 1980 to the third Monday in January 1981, and
11 $37,000 thereafter or as set by the Compensation Review
12 Board, whichever is greater.
13 (Source: P.A. 83-1177.)
14 (20 ILCS 5/5-350 new)
15 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
16 Sec. 5-350. In the Department of Human Rights. 9.24. The
17 Director of Human Rights shall receive $44,000 or as set by
18 the Compensation Review Board, whichever is greater.
19 (Source: P.A. 83-1177.)
20 (20 ILCS 5/5-355 new)
21 (was 20 ILCS 5/9.05a)
22 Sec. 5-355. 9.05a. In the Department of Human Services.
23 The Secretary of Human Services shall receive an annual
24 salary equal to the salary payable to the Director of
25 Corrections under Section 5-335 9.11a of this Law Code, or
26 such other amount as may be set by the Compensation Review
27 Board.
28 The Assistant Secretaries of Human Services shall each
29 receive an annual salary equal to the salary payable to an
30 Assistant Director of Public Aid under Section 5-395 9.17 of
31 this Law Code, or such other amount as may be set by the
32 Compensation Review Board.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 5/5-360 new)
3 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
4 Sec. 5-360. 9.10. In the Department of Insurance. The
5 Director of Insurance shall receive $38,500 from the third
6 Monday in January, 1979 to the third Monday in January, 1980;
7 $40,800 from the third Monday in January, 1980 to the third
8 Monday in January, 1981, and $43,000 thereafter or as set by
9 the Compensation Review Board, whichever is greater.;
10 The Assistant Director of Insurance shall receive $30,800
11 from the third Monday in January, 1979 to the third Monday in
12 January, 1980; $32,600 from the third Monday in January, 1980
13 to the third Monday in January, 1981; $34,600 from the third
14 Monday in January, 1981 to the third Monday in January, 1982,
15 and $36,000 thereafter or as set by the Compensation Review
16 Board, whichever is greater.
17 (Source: P.A. 83-1177.)
18 (20 ILCS 5/5-365 new)
19 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
20 Sec. 5-365. 9.03. In the Department of Labor. The
21 Director of Labor shall receive $38,500 from the third Monday
22 in January, 1979 to the third Monday in January, 1980;
23 $40,800 from the third Monday in January, 1980 to the third
24 Monday in January, 1981, and $43,000 thereafter or as set by
25 the Compensation Review Board, whichever is greater.;
26 The Assistant Director of Labor shall receive $33,000
27 from the third Monday in January, 1979 to the third Monday in
28 January, 1980; $34,900 from the third Monday in January, 1980
29 to the third Monday in January, 1981, and $37,000 thereafter
30 or as set by the Compensation Review Board, whichever is
31 greater.;
32 The Chief Factory Inspector shall receive $24,700 from
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1 the third Monday in January, 1979 to the third Monday in
2 January, 1980, and $25,000 thereafter, or as set by the
3 Compensation Review Board, whichever is greater.;
4 The Superintendent of Safety Inspection and Education
5 shall receive $27,500, or as set by the Compensation Review
6 Board, whichever is greater.;
7 The Superintendent of Women's and Children's Employment
8 shall receive $22,000 from the third Monday in January, 1979
9 to the third Monday in January, 1980, and $22,500 thereafter,
10 or as set by the Compensation Review Board, whichever is
11 greater.
12 (Source: P.A. 83-1177; 83-1503.)
13 (20 ILCS 5/5-370 new)
14 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
15 Sec. 5-370. 9.31. In the Department of the Lottery. The
16 Director of the Lottery shall receive an annual salary of
17 $39,000, or an amount set by the Compensation Review Board,
18 whichever is greater.
19 (Source: P.A. 84-1438.)
20 (20 ILCS 5/5-375 new)
21 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
22 Sec. 5-375. 9.09. In the Department of Natural Resources.
23 The Director of Natural Resources shall continue to receive
24 the annual salary set by law for the Director of Conservation
25 until January 20, 1997. Beginning on that date, the Director
26 of Natural Resources shall receive an annual salary of
27 $40,000 or the amount set by the Compensation Review Board,
28 whichever is greater.
29 The Assistant Director of Natural Resources shall
30 continue to receive the annual salary set by law for the
31 Assistant Director of Conservation until January 20, 1997.
32 Beginning on that date, the Assistant Director of Natural
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1 Resources shall receive an annual salary of $33,000 or the
2 amount set by the Compensation Review Board, whichever is
3 greater.
4 (Source: P.A. 89-445, eff. 2-7-96.)
5 (20 ILCS 5/5-380 new)
6 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
7 Sec. 5-380. 9.04. In the Office of Mines and Minerals of
8 the Department of Natural Resources. Each mine officer shall
9 receive $7,500 or the amount set by the Compensation Review
10 Board, whichever is greater.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 5/5-385 new)
13 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
14 Sec. 5-385. 9.25. In the Department of Nuclear Safety.
15 The Director of Nuclear Safety shall receive $45,000 or as
16 set by the Compensation Review Board, whichever is greater.
17 (Source: P.A. 83-1177.)
18 (20 ILCS 5/5-390 new)
19 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
20 Sec. 5-390. 9.08. In the Department of Professional
21 Regulation. The Director of Professional Regulation shall
22 receive $35,200 from the third Monday in January, 1979 to the
23 third Monday in January, 1980; $37,300 from the third Monday
24 in January, 1980 to the third Monday in January, 1981 and
25 $44,000 thereafter or as set by the Compensation Review
26 Board, whichever is greater.
27 (Source: P.A. 85-225.)
28 (20 ILCS 5/5-395 new)
29 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
30 Sec. 5-395. 9.17. In the Department of Public Aid. The
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1 Director of Public Aid shall receive $48,400 from the third
2 Monday in January, 1979 to the third Monday in January, 1980;
3 $51,300 from the third Monday in January, 1980 to the third
4 Monday in January, 1981, and $52,000 thereafter or as set by
5 the Compensation Review Board, whichever is greater.;
6 The Assistant Director of Public Aid shall receive
7 $35,200 from the third Monday in January, 1979 to the third
8 Monday in January, 1980; $37,300 from the third Monday in
9 January, 1980 to the third Monday in January, 1981; $39,500
10 from the third Monday in January, 1981 to the third Monday in
11 January, 1982, and $40,000 thereafter or as set by the
12 Compensation Review Board, whichever is greater.
13 (Source: P.A. 83-1177.)
14 (20 ILCS 5/5-400 new)
15 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
16 Sec. 5-400. 9.07. In the Department of Public Health. The
17 Director of Public Health shall receive $48,400 from the
18 third Monday in January, 1979 to the third Monday in January,
19 1980; $51,300 from the third Monday in January, 1980 to the
20 third Monday in January, 1981, and $52,000 thereafter or as
21 set by the Compensation Review Board, whichever is greater.;
22 The Assistant Director of Public Health shall receive
23 $35,200 from the third Monday in January, 1979 to the third
24 Monday in January, 1980; $37,300 from the third Monday in
25 January, 1980 to the third Monday in January, 1981; $39,500
26 from the third Monday in January, 1981 to the third Monday in
27 January, 1982, and $40,000 thereafter or as set by the
28 Compensation Review Board, whichever is greater.
29 (Source: P.A. 83-1177.)
30 (20 ILCS 5/5-405 new)
31 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
32 Sec. 5-405. 9.12. In the Department of Revenue. The
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1 Director of Revenue shall receive $41,800 from the third
2 Monday in January, 1979 to the third Monday in January, 1980;
3 $44,300 from the third Monday in January, 1980 to the third
4 Monday in January, 1981, and $46,000 thereafter or as set by
5 the Compensation Review Board, whichever is greater.;
6 The Assistant Director of Revenue shall receive $35,200
7 from the third Monday in January, 1979 to the third Monday in
8 January, 1980; $37,300 from the third Monday in January, 1980
9 to the third Monday in January, 1981, and $39,000 thereafter
10 or as set by the Compensation Review Board, whichever is
11 greater.
12 Beginning July 1, 1990, the annual salary of the Taxpayer
13 Ombudsman shall be the greater of an amount set by the
14 Compensation Review Board or $69,000, adjusted each July 1
15 thereafter by a percentage increase equivalent to that of the
16 "Employment Cost Index, Wages and Salaries, By Occupation and
17 Industry Groups: State and Local Government Workers: Public
18 Administration" as published by the Bureau of Labor
19 Statistics of the U.S. Department of Labor for the calendar
20 year immediately preceding the year of the respective July
21 1st increase date, the such increase to be no less than zero
22 nor greater than 5% five percent and to be added to the then
23 current annual salary.
24 (Source: P.A. 86-1338)
25 (20 ILCS 5/5-410 new)
26 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
27 Sec. 5-410. 9.11. In the Department of State Police. The
28 Director of State Police shall receive $41,800 from the third
29 Monday in January, 1979 to the third Monday in January, 1980;
30 $44,300 from the third Monday in January, 1980 to the third
31 Monday in January, 1981, and $46,000 thereafter or as set by
32 the Compensation Review Board, whichever is greater.;
33 The Assistant Director of State Police shall receive
HB0236 Engrossed -27- LRB9100031DJcdA
1 $35,200 from the third Monday in January, 1979 to the third
2 Monday in January, 1980; $37,300 from the third Monday in
3 January, 1980 to the third Monday in January, 1981, and
4 $39,000 thereafter or as set by the Compensation Review
5 Board, whichever is greater.
6 (Source: P.A. 84-25; 84-832.)
7 (20 ILCS 5/5-415 new)
8 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
9 Sec. 5-415. 9.05. In the Department of Transportation.
10 The Secretary of Transportation shall receive $48,400 from
11 the third Monday in January, 1979 to the third Monday in
12 January, 1980; $51,300 from the third Monday in January, 1980
13 to the third Monday in January, 1981, and $52,000 thereafter
14 or as set by the Compensation Review Board, whichever is
15 greater.;
16 The Assistant Secretary of Transportation shall receive
17 $38,500 from the third Monday in January, 1979 to the third
18 Monday in January, 1980; $40,800 from the third Monday in
19 January, 1980 to the third Monday in January, 1981, and
20 $43,000 thereafter or as set by the Compensation Review
21 Board, whichever is greater.
22 (Source: P.A. 83-1177.)
23 (20 ILCS 5/5-420 new)
24 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
25 Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
26 6.
10 Advisory and non-executive boards, in the respective
11 departments, are created as designated in the Sections
12 following this Section and preceding Section 5-600 6.01
13 through 6.27. The members of the such boards shall be
14 officers.
15 (Source: P.A. 76-1158.)
16 (20 ILCS 5/5-505 new)
17 (was 20 ILCS 5/8) (from Ch. 127, par. 8)
18 Sec. 5-505. Boards' general powers and duties. 8. Each
19 advisory and non-executive board, except as otherwise
20 expressly provided in this Act, and in addition to all powers
21 and duties otherwise expressly provided, shall, with respect
22 to its field of work, or that of the department with which it
23 is associated, have the following powers and duties:
24 (1) 1. To consider and study the entire field; to
25 advise the executive officers of the department upon
26 their request; to recommend, on its own initiative,
27 policies and practices, which recommendations the
28 executive officers of the department shall duly consider;
29 , and to give advice or make recommendations to the
30 Governor and the General Assembly when so requested, or
31 on its own initiative.;
32 (2) 2. To investigate the conduct of the work of
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1 the department with which it may be associated, and for
2 this purpose to have access, at any time, to all books,
3 papers, documents, and records pertaining or belonging to
4 that department thereto, and to require written or oral
5 information from any officer or employee of that
6 department. thereof;
7 (3) 3. To adopt rules, not inconsistent with law,
8 for its internal control and management., A copy of the
9 which rules shall be filed with the director of the
10 department with which the such board is associated.;
11 (4) 4. To hold meetings at the such times and
12 places as may be prescribed by the rules but, not less
13 frequently, however, than quarterly.;
14 (5) 5. To act by a sub-committee, or by a majority
15 of the board, if the rules so prescribe.;
16 (6) 6. To keep minutes of the transactions of each
17 session, regular or special, which shall be public
18 records and filed with the director of the department.;
19 (7) 7. To give notice to the Governor and to the
20 director of the department with which it is associated of
21 the time and place of every meeting, regular or special,
22 and to permit the Governor and the director of the
23 department to be present and to be heard upon any matter
24 coming before the such board.
25 (Source: Laws 1955, p. 2222.)
26 (20 ILCS 5/5-510 new)
27 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
28 Sec. 5-510. Gender balanced appointments. 8.1. All
29 appointments to boards, commissions, committees, and councils
30 of the State created by the laws of this State and after July
31 1, 1992 the effective date of this Section shall be gender
32 balanced to the extent possible and to the extent that
33 appointees are qualified to serve on those boards,
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1 commissions, committees, and councils. If gender balance is
2 not possible, then appointments shall provide for significant
3 representation of both sexes to boards, commissions,
4 committees, and councils governed by this Section and the
5 Gender Balanced Appointments Act. If there are multiple
6 appointing authorities for a board, commission, committee, or
7 council, they shall each strive to achieve gender balance in
8 their appointments.
9 Appointments made in accordance with this Section should
10 be made in a manner that makes a good faith attempt to seek
11 gender balance based on the numbers of each gender belonging
12 to the group from which appointments are made.
13 (Source: P.A. 87-797.)
14 (20 ILCS 5/5-515 new)
15 (was 20 ILCS 5/10) (from Ch. 127, par. 10)
16 Sec. 5-515. Compensation prohibited. 10. No member of an
17 advisory and non-executive board shall receive any
18 compensation.
19 (Source: Laws 1917, p. 2.)
20 (20 ILCS 5/5-520 new)
21 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
22 Sec. 5-520. 6.27. In the Department on Aging. A Council
23 on Aging and a Coordinating Committee of State Agencies
24 Serving Older Persons composed and appointed as provided in
25 the Illinois Act on the Aging.
26 (Source: P.A. 89-249, eff. 8-4-95.)
27 (20 ILCS 5/5-525 new)
28 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
29 Sec. 5-525. 6.01. In the Department of Agriculture.
30 (a) A Board of Agricultural Advisors composed of 17
31 persons engaged in agricultural industries, including
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1 representatives of the agricultural press and of the State
2 Agricultural Experiment Station.
3 (b) An Advisory Board of Livestock Commissioners to
4 consist of 24 persons. The Board shall consist of the
5 administrator of animal disease programs, the Dean of the
6 College of Agriculture of the University of Illinois, the
7 Dean of the College of Veterinary Medicine of the University
8 of Illinois, and commencing on January 1, 1990 the Deans or
9 Chairmen of the Colleges or Departments of Agriculture of
10 Illinois State University, Southern Illinois University, and
11 Western Illinois University in that order who shall each
12 serve for 1 year terms, provided that commencing on January
13 1, 1993 such terms shall be for 2 years in the same order,
14 the Director of Public Health, the chairman of the
15 Agriculture, Conservation and Energy Committee of the Senate,
16 and the chairman of the Committee on Agriculture of the House
17 of Representatives, who shall ex-officio be members of the
18 Board, thereof and 17 additional persons interested in the
19 prevention, elimination and control of diseases of domestic
20 animals and poultry who shall be appointed by the Governor to
21 serve at the Governor's his pleasure. An appointed member's
22 office becomes vacant upon the member's his absence from 3
23 consecutive meetings. Of the 17 such additional persons, one
24 shall be a representative of breeders of beef cattle, one
25 shall be a representative of breeders of dairy cattle, one
26 shall be a representative of breeders of dual purpose cattle,
27 one shall be a representative of breeders of swine, one shall
28 be a representative of poultry breeders, one shall be a
29 representative of sheep breeders, one shall be a veterinarian
30 licensed in this State, one shall be a representative of
31 general or diversified farming, one shall be a representative
32 of the public stockyards, one shall be a representative of
33 livestock auction markets, one shall be a representative of
34 cattle feeders, one shall be a representative of pork
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1 producers, one shall be a representative of the State
2 licensed meat packers, one shall be a representative of
3 canine breeders, one shall be a representative of equine
4 breeders, one shall be a representative of the Illinois
5 licensed renderers, and one shall be a representative of
6 livestock dealers. The members shall receive no compensation
7 but shall be reimbursed for expenses necessarily incurred in
8 the performance of their duties. In the appointment of the
9 such Advisory Board of Livestock Commissioners, the Governor
10 shall consult with representative persons and recognized
11 organizations in the respective fields concerning the such
12 appointments.
13 Rules and regulations of the Department of Agriculture
14 pertaining to the prevention, elimination, and control of
15 diseases of domestic animals and poultry shall be submitted
16 to the Advisory Board of Livestock Commissioners for approval
17 at its duly called meeting. The chairman of the Board shall
18 certify the official minutes of the Board's action and shall
19 file the certified minutes with the Department of Agriculture
20 within 30 days after the proposed rules and regulations are
21 submitted and before they are promulgated and made effective.
22 If the Board fails to take action within 30 days this
23 limitation shall not apply and the such rules and regulations
24 may be promulgated and made effective. In the event it is
25 deemed desirable, the Board may hold hearings upon the such
26 rules and regulations or proposed revisions. The Board
27 members shall be familiar with the Acts relating to the
28 prevention, elimination, and control of diseases among
29 domestic animals and poultry. The Department shall, upon the
30 request of a Board member, advise the with such Board
31 concerning the administration of the respective Acts.
32 The Director of Agriculture or his representative from
33 the Department shall act as chairman of the Board. The
34 Director shall call meetings of the Board thereof from time
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1 to time or when requested by 3 or more appointed members of
2 the Board. A quorum of appointed members must be present to
3 convene an official meeting. The chairman and ex-officio
4 members shall not be included in a quorum call. Ex-officio
5 members may be represented by a duly authorized
6 representative from their department, division, college, or
7 committee. Appointed members shall not be represented at a
8 meeting by another person. Ex-officio members and appointed
9 members shall have the right to vote on all proposed rules
10 and regulations; voting that in effect would pertain to
11 approving rules and regulations shall be taken by an oral
12 roll call. No member shall vote by proxy. The chairman shall
13 not vote except in the case of a tie vote. Any member
14 ex-officio or appointed member may ask for and shall receive
15 an oral roll call on any motion before the Board. The
16 Department shall provide a clerk to take minutes of the
17 meetings and record transactions of the Board. The Board, by
18 oral roll call, may require an official court reporter to
19 record the minutes of the meetings.
20 (Source: P.A. 86-232.)
21 (20 ILCS 5/5-530 new)
22 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
23 Sec. 5-530. 6.01a. In the Department of Agriculture and
24 in cooperation with the Department of Commerce and Community
25 Affairs. An Agricultural Export Advisory Committee composed
26 of the following: 2 members of the House of Representatives,
27 to be appointed by the Speaker of the House of
28 Representatives thereof; 2 members of the Senate, to be
29 appointed by the President of the Senate; the Director of
30 Agriculture, who shall serve as Secretary of the Committee;
31 and not more than 15 members to be appointed by the Governor.
32 The members of the committee shall receive no compensation,
33 but shall be reimbursed for expenses necessarily incurred in
HB0236 Engrossed -34- LRB9100031DJcdA
1 the performance of their duties under this Act.
2 (Source: P.A. 81-1509.)
3 (20 ILCS 5/5-535 new)
4 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
5 Sec. 5-535. 6.15. In the Department of Children and
6 Family Services. A Children and Family Services Advisory
7 Council of 17 members, one of whom shall be a senior citizen
8 age 60 or over, appointed by the Governor. The Such Council
9 shall advise the Department with respect to services and
10 programs for children, and for adults under its care. In
11 appointing the first Council, 8 members shall be named to
12 serve 2 years, and 8 members named to serve 4 years. The
13 member first appointed under Public this amendatory Act
14 83-1538 of 1984 shall serve for a term of 4 years. All
15 members appointed thereafter shall be appointed for terms of
16 4 years. At its first meeting the Council shall select a
17 chairman from among its members and appoint a committee to
18 draft rules of procedure.
19 (Source: P.A. 83-1538.)
20 (20 ILCS 5/5-540 new)
21 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, pars. 6.28
22 and 7.01)
23 Sec. 5-540. 6.28. In the Department of Employment
24 Security. An Employment Security Advisory Board, composed of
25 9 persons. Sec. 7.01. Employment Security Advisory Board;
26 members. Of the 9 members of the Employment Security
27 Advisory Board, 3 members shall be representative citizens
28 chosen from the employee class, 3 members shall be
29 representative citizens chosen from the employing class, and
30 3 members shall be representative citizens not identified
31 with either the employing class or the employee class classes
32 6.04. In the Department of Human Services.
5 A Psychiatric Advisory Council appointed by and at the
6 discretion of the Secretary of Human Services, consisting of
7 representatives from the several schools and institutes in
8 Illinois conducting programs of psychiatric training, which
9 shall advise the Department with respect to its policies and
10 programs relating to mental health or developmental
11 disabilities. The members shall serve for the such terms
12 that as the Secretary shall designate.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (20 ILCS 5/5-550 new)
15 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
16 Sec. 5-550. 6.23. In the Department of Human Services.
17 A State Rehabilitation Advisory Council, hereinafter referred
18 to as the Council, is hereby established for the purpose of
19 advising the Secretary and the vocational rehabilitation
20 administrator of the provisions of the federal Rehabilitation
21 Act of 1973 and the Americans with Disabilities Act of 1990
22 in matters concerning individuals with disabilities and the
23 provision of rehabilitation services. The Council shall
24 consist of 23 members appointed by the Governor after
25 soliciting recommendations from representatives of
26 organizations representing a broad range of individuals with
27 disabilities and organizations interested in individuals with
28 disabilities. The Governor shall appoint to this Council the
29 following:
30 (1) One representative of a parent training center
31 established in accordance with the federal Individuals
32 with Disabilities Education Act.
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1 (2) One representative of the client assistance
2 program.
3 (3) One vocational rehabilitation counselor who has
4 knowledge of and experience with vocational
5 rehabilitation programs. (If an employee of the
6 Department is appointed, that appointee shall serve as an
7 ex officio, nonvoting member.)
8 (4) One representative of community rehabilitation
9 program service providers.
10 (5) Four representatives of business, industry, and
11 labor.
12 (6) Eight representatives of disability advocacy
13 groups representing a cross section of the following:
14 (A) individuals with physical, cognitive,
15 sensory, and mental disabilities; and
16 (B) parents, family members, guardians,
17 advocates, or authorized representative of
18 individuals with disabilities who have difficulty in
19 representing themselves or who are unable, due to
20 their disabilities, to represent themselves.
21 (7) One current or former applicant for, or
22 recipient of, vocational rehabilitation services.
23 (8) Three representatives from secondary or higher
24 education.
25 The chairperson of, or a member designated by, the Statewide
26 Independent Living Council created under Section 12a of the
27 Disabled Persons Rehabilitation Act, the chairperson of the
28 Blind Services Planning Council created under the Bureau for
29 the Blind Act, and the vocational rehabilitation
30 administrator shall serve as ex officio members.
31 The Council shall select a Chairperson.
32 The Chairperson and at least 11 other members of the
33 Council shall have a recognized disability. One member shall
34 be a senior citizen age 60 or over. A majority of the
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1 Council members shall not be employees of the Department of
2 Human Services. Current members of the Rehabilitation
3 Services Advisory Council shall serve until members of the
4 newly created Council are appointed.
5 The terms of all members appointed before the effective
6 date of Public this amendatory Act 88-10 of 1993 shall expire
7 on July 1, 1993. The members first appointed under Public
8 this amendatory Act 88-10 of 1993 shall be appointed to serve
9 for staggered terms beginning July 1, 1993, as follows: 7
10 members shall be appointed for terms of 3 years, 7 members
11 shall be appointed for terms of 2 years, and 6 members shall
12 be appointed for terms of one year. Thereafter, all
13 appointments shall be for terms of 3 years. Vacancies shall
14 be filled for the unexpired term. Members shall serve until
15 their successors are appointed and qualified. No member
16 shall serve for more than 2 full terms.
17 Members shall be reimbursed for their actual expenses
18 incurred in the performance of their duties, including
19 expenses for travel, child care, and personal assistance
20 services, and a member who is not employed or who must
21 forfeit wages from other employment shall be paid reasonable
22 compensation for each day the member is engaged in performing
23 the duties of the Council.
24 The Council shall meet at least 4 times per year at times
25 and places designated by the Chairman upon 10 days written
26 notice to the members. Special meetings may be called by the
27 Chairperson or 7 members of the Council upon 7 days written
28 notice to the other members. Nine members shall constitute a
29 quorum. No member of the Council shall cast a vote on any
30 matter that would provide direct financial benefit to the
31 member or otherwise give the appearance of a conflict of
32 interest under Illinois law.
33 The Council shall prepare and submit to the vocational
34 rehabilitation administrator the such reports and findings
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1 that the vocational rehabilitation administrator as he may
2 request or that as the Council deems fit. The Council shall
3 select jointly with the vocational rehabilitation
4 administrator a pool of qualified persons to serve as
5 impartial hearing officers.
6 To the extent that there is a disagreement between the
7 Council and the unit within the Department of Human Services
8 responsible for the administration of the vocational
9 rehabilitation program, regarding the resources necessary to
10 carry out the functions of the Council as set forth in this
11 Section, the disagreement shall be resolved by the Governor.
12 (Source: P.A. 89-507, eff. 7-1-97; 90-453, eff. 8-16-97.)
13 (20 ILCS 5/5-555 new)
14 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
15 Sec. 5-555. 6.02. In the Department of Labor. An Advisory
16 Board to the Department of Labor, composed of 13 members,
17 including 5 representatives of employees, 5 representatives
18 of employers, and 3 public members. Members' terms shall will
19 assure
20 continuity in performance of the responsibilities of the
21 Board. The Board shall give notice to the Governor and the
22 Director of Labor of the time and place of every meeting,
23 regular or special, and shall permit the Governor and the
24 Director to be present and to be heard upon any matter coming
25 before the Board.
26 (Source: P.A. 86-544.)
27 (20 ILCS 5/5-560 new)
28 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
29 Sec. 5-560. 6.08. In the Department of Natural Resources.
30 An Advisory Board to the Department of Natural Resources,
31 composed of 11 persons, one of whom shall be a senior citizen
32 age 60 or over.
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1 In the appointment of the initial members the Governor
2 shall designate 3 persons to serve for 2 years, 3 for 4 years
3 , and 3 for 6 years from the third Monday in January of the
4 odd-numbered year in which the term commences. The members
5 first appointed under this amendatory Act of 1984 shall serve
6 a term of 6 years commencing on the third Monday in January,
7 1985.
8 The Advisory Board shall formulate long range policies
9 for guidance of the Department in: the protection and
10 conservation of renewable resources of the State of Illinois;
11 the development of areas and facilities for outdoor
12 recreation; the prevention of timber destruction and other
13 forest growth by fire, or otherwise; the reforestation of
14 suitable lands of this State; the extension of cooperative
15 support to other agencies of this State in preventing the
16 prevention and guarding against the pollution of streams and
17 lakes within the State; the management of the wildlife
18 resources, including migratory fowl, and fisheries resources,
19 including the construction of new water impoundment areas;
20 the development of an adequate research program for fish,
21 game, and forestry through cooperation with and support of
22 the Illinois Natural History Survey; and the expressing of
23 policies for proper dissemination of and enforcement of the
24 various laws pertinent to the conservation program of
25 Illinois and the nation.
26 The Board shall make a study of the personnel structure
27 of the Department and shall, from time to time, make
28 recommendations to the Governor and the Director of Natural
29 Resources for a merit system of employment and for the
30 revision of the position classification to the extent which
31 Civil Service classification should apply in departmental
32 positions.
33 The Board shall make studies of the land acquisition
34 needs of the Department and recommendations from time to time
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1 as to necessary acquisition of lands for fisheries, game,
2 forestry, and recreational development.
3 The Board may recommend to the Director of Natural
4 Resources any reductions or increases of seasons, and bag or
5 possession limits, or the closure of any season when research
6 and inventory data indicate the need for those such changes.
7 Such Board members shall be reimbursed for any necessary
8 travel expenses incurred in the performance of their duties.
9 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
10 (20 ILCS 5/5-565 new)
11 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
12 Sec. 5-565. 6.06. In the Department of Public Health.
13 (a) The General Assembly declares it to be the public
14 policy of this State that all citizens of Illinois are
15 entitled to lead healthy lives. Governmental public health
16 has a specific responsibility to ensure that a system is in
17 place to allow the public health mission to be achieved. To
18 develop a system requires certain core functions to be
19 performed by government. The State Board of Health is to
20 assume the leadership role in advising the Director in
21 meeting the following functions:
22 (1) Needs assessment.
23 (2) Statewide health objectives.
24 (3) Policy development.
25 (4) Assurance of access to necessary services.
26 There shall be a State Board of Health composed of 17
27 persons, all of whom shall be appointed by the Governor, with
28 the advice and consent of the Senate for those appointed by
29 the Governor on and after June 30, the effective date of this
30 amendatory Act of 1998, and one of whom shall be a senior
31 citizen age 60 or over. Five members shall be physicians
32 licensed to practice medicine in all its branches, one
33 representing a medical school faculty, one who is board
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1 certified in preventive medicine, and 2 who are engaged in
2 private practice. One member shall be a dentist; one an
3 environmental health practitioner; one a local public health
4 administrator; one a local board of health member; one a
5 registered nurse; one a veterinarian; one a public health
6 academician; one a health care industry representative; and 4
7 shall be citizens at large.
8 In the appointment of the first Board of Health members
9 appointed after September 19, 1991 (the effective date of
10 Public this amendatory Act 87-633) of 1991, the Governor
11 shall appoint 5 members to serve for terms of 5 years; 5
12 members to serve for terms of 2 years; and 5 members to serve
13 for a term of one year. Members appointed thereafter shall be
14 appointed for terms of 3 years, except that when where an
15 appointment is made to fill a vacancy, in which case the
16 appointment shall be for the remaining term of the position
17 vacated. The initial terms for the 2 additional members of
18 the board who are citizens at large appointed under Public
19 Act 90-607 this amendatory Act of 1998 shall be for 3 years
20 each, with these positions thereafter being filled as with
21 other members appointed by the Governor. All members shall be
22 legal residents of the State of Illinois. The duties of the
23 Board shall include, but not be limited to, the following:
24 (1) To advise the Department of ways to encourage
25 public understanding and support of the Department's
26 programs.
27 (2) To evaluate all boards, councils, committees,
28 authorities, and bodies advisory to, or an adjunct of,
29 the Department of Public Health or its Director for the
30 purpose of recommending to the Director one or more of
31 the following:
32 (i) The elimination of bodies whose activities
33 are not consistent with goals and objectives of the
34 Department.
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1 (ii) The consolidation of bodies whose
2 activities encompass compatible programmatic
3 subjects.
4 (iii) The restructuring of the relationship
5 between the various bodies and their integration
6 within the organizational structure of the
7 Department.
8 (iv) The establishment of new bodies deemed
9 essential to the functioning of the Department.
10 (3) To serve as an advisory group to the Director
11 for public health emergencies and control of health
12 hazards.
13 (4) To advise the Director regarding public health
14 policy, and to make health policy recommendations
15 regarding priorities to the Governor through the
16 Director.
17 (5) To present public health issues to the Director
18 and to make recommendations for the resolution of those
19 issues.
20 (6) To recommend studies to delineate public health
21 problems.
22 (7) To make recommendations to the Governor through
23 the Director regarding the coordination of State public
24 health activities with other State and local public
25 health agencies and organizations.
26 (8) To report on or before February 1 of each year
27 on the health of the residents of Illinois to the
28 Governor, the General Assembly, and the public.
29 (9) To review the final draft of all proposed
30 administrative rules, other than emergency or preemptory
31 rules and those rules that another advisory body must
32 approve or review within a statutorily defined time
33 period, of the Department after September 19, 1991 (the
34 effective date of Public this amendatory Act 87-633) of
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1 1991. The Board shall review the proposed rules within
2 90 days of submission by the Department. The Department
3 shall take into consideration any comments and
4 recommendations of the Board regarding the proposed rules
5 prior to submission to the Secretary of State for initial
6 publication. If the Department disagrees with the
7 recommendations of the Board, it shall submit a written
8 response outlining the reasons for not accepting the
9 recommendations.
10 In the case of proposed administrative rules or
11 amendments to administrative rules regarding immunization
12 of children against preventable communicable diseases
13 designated by the Director under the Communicable Disease
14 Prevention Act, after the Immunization Advisory Committee
15 has made its recommendations, the Board shall conduct 3
16 public hearings, geographically distributed throughout
17 the State. At the conclusion of the hearings, the State
18 Board of Health shall issue a report, including its
19 recommendations, to the Director. The Director shall
20 take into consideration any comments or recommendations
21 made by the Board based on these hearings.
22 (10) To make recommendations to the Governor
23 through the Director concerning the development and
24 periodic updating of Statewide health objectives
25 encompassing, in part, the periodically published federal
26 health objectives for the nation, which will provide the
27 basis for the policy development and assurance roles of
28 the State Health Department, and to make recommendations
29 to the Governor through the Director regarding
30 legislation and funding necessary to implement the
31 objectives.
32 (11) Upon the request of the Governor, to recommend
33 to the Governor candidates for Director of Public Health
34 when vacancies occur in the position.
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1 (12) To adopt bylaws for the conduct of its own
2 business, including the authority to establish ad hoc
3 committees to address specific public health programs
4 requiring resolution.
5 Upon appointment, the Board shall elect a chairperson
6 from among its members.
7 Members of the Board shall receive compensation for their
8 services at the rate of $150 per day, not to exceed $10,000
9 per year, as designated by the Director for each day required
10 for transacting the business of the Board, and shall be
11 reimbursed for necessary expenses incurred in the performance
12 of their duties. The Board shall meet from time to time at
13 the call of the Department, at the call of the chairperson,
14 or upon the request of 3 of its members, but shall not meet
15 less than 4 times per year.
16 (b) An Advisory Board of Cancer Control which shall
17 consist of 9 members, one of whom shall be a senior citizen
18 age 60 or over, appointed by the Governor, one of whom shall
19 be designated as chairman by a majority of the members of the
20 Board. No less than 4 members shall be recognized authorities
21 in cancer control, and at least 4 members shall be physicians
22 licensed to practice medicine in all of its branches in the
23 State of Illinois. In the appointment of the first board the
24 Governor shall appoint 2 members to serve for terms of 1
25 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
26 members first appointed under Public this amendatory Act
27 83-1538 of 1984 shall serve for a term of 3 years. All
28 members appointed, thereafter shall be appointed for terms of
29 3 years, except that when where an appointment is made to
30 fill a vacancy, in which case the appointment shall be for
31 the remaining term of the position vacant. The members of the
32 Board shall be citizens of the State of Illinois. In the
33 appointment of the Advisory Board the Governor shall invite
34 nominations from recognized medical organizations of this
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1 State. The Board is authorized to receive voluntary
2 contributions from any source, and to expend the
3 contributions same for the purpose of cancer control as
4 authorized by this Act, and the laws of this State.
5 (c) An Advisory Board on Necropsy Service to Coroners,
6 which shall counsel and advise with the Director on the
7 administration of the Autopsy Act. The Advisory Board shall
8 consist of 11 members, including a senior citizen age 60 or
9 over, appointed by the Governor, one of whom shall be
10 designated as chairman by a majority of the members of the
11 Board. In the appointment of the first Board the Governor
12 shall appoint 3 members to serve for terms of 1 year, 3 for
13 terms of 2 years, and 3 for terms of 3 years. The members
14 first appointed under Public this amendatory Act 83-1538 of
15 1984 shall serve for a term of 3 years. All members
16 appointed thereafter shall be appointed for terms of 3 years,
17 except that when where an appointment is made to fill a
18 vacancy, in which case the appointment shall be for the
19 remaining term of the position vacant. The members of the
20 Board shall be citizens of the State of Illinois. In the
21 appointment of members of the Advisory Board the Governor
22 shall appoint 3 members who shall be persons licensed to
23 practice medicine and surgery in the State of Illinois, at
24 least 2 of whom shall have received post-graduate training in
25 the field of pathology; 3 members who are duly elected
26 coroners in this State; and 5 members who shall have interest
27 and abilities in the field of forensic medicine but who shall
28 be neither persons licensed to practice any branch of
29 medicine in this State nor coroners. In the appointment of
30 medical and coroner members of the Board, the Governor shall
31 invite nominations from recognized medical and coroners
32 organizations in this State respectively. Board members,
33 while serving on business of the Board, shall receive actual
34 necessary travel and subsistence expenses while so serving
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1 away from their places of residence.
2 (Source: P.A. 90-607, eff. 6-30-98.)
3 (20 ILCS 5/5-570 new)
4 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
5 6.02a and 7.04a)
6 Sec. 5-570. 6.02a. In the Department of Transportation.
7 A Board of Aeronautical Advisors, composed of 9 persons.
8 Sec. 7.04a. The Board of Aeronautical Advisors shall
9 include among its members at least one person who is
10 interested in air commerce, at least one person who is
11 interested in noncommercial private flying, at least one
12 person who is interested in the operation or management of
13 airports, and at least one person who is interested in the
14 conducting of schools that which have a comprehensive
15 curriculum for instruction of persons desiring to learn how
16 to operate, repair, or maintain aircraft. The Secretary of
17 Transportation shall be a member and chairman of the Board of
18 Aeronautical Advisors. The head of the Division of
19 Aeronautics shall be a member and vice-chairman of the Board.
20 (Source: P.A. 85-1033.)
21 (20 ILCS 5/5-600 new)
22 (was 20 ILCS 5/11) (from Ch. 127, par. 11)
23 Sec. 5-600. Officer's performance of duties. 11. Each
24 officer provided for by the Civil Administrative Code of
25 Illinois this Act shall perform the such duties that are as
26 may be prescribed by law for the officer's his position and
27 to the best of the officer's his ability shall render
28 faithful and efficient service in the performance of those
29 his duties, to the end that the public interest and welfare
30 may be furthered.
31 (Source: Laws 1927, p. 844.)
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1 (20 ILCS 5/5-605 new)
2 (was 20 ILCS 5/12) (from Ch. 127, par. 12)
3 Sec. 5-605. Appointment of officers. 12. Each officer
4 whose office is created by the Civil Administrative Code of
5 Illinois this Act, or by any amendment to the Code thereto,
6 shall be appointed by the Governor, by and with the advice
7 and consent of the Senate. In case of vacancies in those
8 such offices during the recess of the Senate, the Governor
9 shall make a temporary appointment until the next meeting of
10 the Senate, when the Governor he shall nominate some person
11 to fill the such office, and any person so nominated, who is
12 confirmed by the Senate, shall hold his office during the
13 remainder of the term and until his or her successor is shall
14 be appointed and qualified. If the Senate is not in session
15 at the time the Code this Act, or any amendments to the Code
16 thereto, take effect, the Governor shall make a temporary
17 appointment as in the case of a vacancy.
18 During the absence or inability to act of the director of
19 any department, or of the Secretary of Human Services or the
20 Secretary of Transportation, or in case of a vacancy in any
21 such office until a successor is appointed and qualified, the
22 Governor may designate some person as acting director or
23 acting secretary to execute the powers and discharge the
24 duties vested by law in that director or secretary.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 5/5-610 new)
27 (was 20 ILCS 5/13) (from Ch. 127, par. 13)
28 Sec. 5-610. Term of office. 13. Each officer whose office
29 is created by the Civil Administrative Code of Illinois this
30 Act, except as otherwise specifically provided for in the
31 Code this Act, shall hold office for a term of 2 years from
32 the third Monday in January of each odd-numbered year and
33 until the officer's his successor is appointed and qualified.
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1 Where the provisions of the Code this Act require General
2 Assembly members to be included in the membership of any
3 advisory and nonexecutive board, the General Assembly members
4 shall serve such terms or until termination of their
5 legislative service, whichever first occurs.
6 (Source: P.A. 83-1250.)
7 (20 ILCS 5/5-615 new)
8 (was 20 ILCS 5/14) (from Ch. 127, par. 14)
9 Sec. 5-615. Officer's oath. 14. Each officer whose office
10 is created by the Civil Administrative Code of Illinois this
11 Act, or by any amendments to the Code thereto, shall, before
12 entering upon the discharge of the duties of the his office,
13 qualify for the office by taking and subscribing the
14 constitutional oath of office and filing the signed oath in
15 the office of the Secretary of State.
16 (Source: P.A. 79-1348.)
17 (20 ILCS 5/5-620 new)
18 (was 20 ILCS 5/15) (from Ch. 127, par. 15)
19 Sec. 5-620. 15. Bond. Each executive and administrative
20 officer whose office is created by the Civil Administrative
21 Code of Illinois this Act, or by any amendments to the Code
22 thereto, shall give bond before entering upon the discharge
23 of the duties of his or her office by inclusion in the
24 blanket bond or bonds or self-insurance program provided for
25 in Sections 14.1 and 14.2 of the Official Bond Act.
26 All official bonds required to be executed and filed
27 under this Section are subject to the requirements of the
28 Official Bond Act.
29 (Source: P.A. 90-372, eff. 7-1-98.)
30 (20 ILCS 5/5-625 new)
31 (was 20 ILCS 5/16) (from Ch. 127, par. 16)
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1 Sec. 5-625. Department regulations. 16. The director of
2 each department (see Section 5-10 of this Law for the
3 definition of "director") and the Secretary of the Department
4 of Transportation is empowered to prescribe regulations, not
5 inconsistent with law, for the government of the director's
6 his department, the conduct of the department's its employees
7 and clerks, the distribution and performance of the
8 department's its business, and the custody, use, and
9 preservation of the records, papers, books, documents, and
10 property pertaining to the department thereto.
11 (Source: P.A. 77-153.)
12 (20 ILCS 5/5-630 new)
13 (was 20 ILCS 5/17) (from Ch. 127, par. 17)
14 Sec. 5-630. Department offices. 17. Each department shall
15 maintain a central office in the Capitol Building, Centennial
16 Building, or State Office Building at Springfield, in rooms
17 provided by the Secretary of State, or in the Armory Building
18 at Springfield, in rooms provided by the Department of
19 Central Management Services, excepting the Department of
20 Agriculture, which shall maintain a central office at the
21 State fair grounds at Springfield, and the Department of
22 Transportation, which shall also maintain a Division of
23 Aeronautics at Capital Airport. The director of each
24 department (see Section 5-10 of this Law for the definition
25 of "director") and the Secretary of Transportation, may, in
26 the director's his discretion and with the approval of the
27 Governor, establish and maintain, at places other than the
28 seat of government, branch offices for the conduct of any one
29 or more functions of the director's his department.
30 (Source: P.A. 82-789.)
31 (20 ILCS 5/5-635 new)
32 (was 20 ILCS 5/18) (from Ch. 127, par. 18)
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1 Sec. 5-635. Department office hours. 18. Each department
2 shall be open for the transaction of public business at least
3 from 8:30 eight-thirty o'clock in the morning until 5:00 five
4 o'clock in the evening of each day except Saturdays, Sundays,
5 and days that may hereafter be declared by the Governor to be
6 holidays for State employees.
7 (Source: Laws 1965, p. 542.)
8 (20 ILCS 5/5-640 new)
9 (was 20 ILCS 5/19) (from Ch. 127, par. 19)
10 Sec. 5-640. Department seal. 19. Each department shall
11 adopt and keep an official seal.
12 (Source: Laws 1917, p. 2.)
13 (20 ILCS 5/5-645 new)
14 (was 20 ILCS 5/20) (from Ch. 127, par. 20)
15 Sec. 5-645. Department employees. 20. Each department may
16 obtain necessary employees and, if the rate of compensation
17 is not otherwise fixed by law, may fix their compensation
18 subject to the "Personnel Code", approved July 18, 1955, as
19 amended.
20 (Source: Laws 1967, p. 4068.)
21 (20 ILCS 5/5-650 new)
22 (was 20 ILCS 5/25) (from Ch. 127, par. 25)
23 Sec. 5-650. Department reports. 25. The Governor may
24 require from each director of a department (see Section 5-10
25 of this Law for the definition of "director") and the
26 Secretary of Transportation, a report in writing concerning
27 the condition, management, and financial transactions of the
28 director's department their respective departments. In
29 addition to those such reports, each director of a department
30 and the Secretary of the Department of Transportation, shall
31 make the semi-annual and biennial reports provided by the
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1 Constitution.
2 (Source: P.A. 82-905.)
3 (20 ILCS 5/5-655 new)
4 (was 20 ILCS 5/26) (from Ch. 127, par. 26)
5 Sec. 5-655. Cooperation by directors. 26. The directors
6 of departments (see Section 5-10 of this Law for the
7 definition of "director") shall devise a practical and
8 working basis for co-operation and co-ordination of work,
9 eliminating duplication and overlapping of functions. They
10 shall, so far as practicable, co-operate with each other in
11 the employment of services and the use of quarters and
12 equipment. The director of any department may empower or
13 require an employee employe of another department, subject to
14 the consent of the superior officer of the employee employe,
15 to perform any duty that the director which he might require
16 of his or her own subordinates.
17 The directors of departments may co-operate in the
18 investigation of any licensed health care professional or may
19 jointly investigate such a person and may share the results
20 of any cooperative, joint, or independent investigation of
21 such a person.
22 (Source: P.A. 84-1252.)
23 (20 ILCS 5/5-660 new)
24 (was 20 ILCS 5/31) (from Ch. 127, par. 31)
25 Sec. 5-660. Power to inspect and secure data or
26 information 31. Whenever in the Civil Administrative Code of
27 Illinois this Act power is vested in a department to inspect,
28 examine, or secure data or information, or to procure
29 assistance from another department, a duty is hereby imposed
30 upon the department upon which demand is made, to make that
31 such power effective.
32 (Source: Laws 1917, p. 2.)
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1 (20 ILCS 5/5-675 new)
2 (was 20 ILCS 5/51) (from Ch. 127, par. 51)
3 Sec. 5-675. 51. Acquisition of land. The Secretary of
4 Transportation and the Director of Natural Resources are
5 respectively authorized, with the consent in writing of the
6 Governor, to acquire by private purchase, or by condemnation
7 in the manner provided for the exercise of the power of
8 eminent domain under Article VII of the Code of Civil
9 Procedure, any and all lands, buildings, and grounds for
10 which an appropriation may be made by the General Assembly,
11 to their respective departments. To the extent necessary to
12 comply with the federal "Uniform Relocation Assistance and
13 Real Property Acquisition Policies Act", Public Law 91-646,
14 as amended, the Department of Transportation and the
15 Department of Natural Resources, respectively, are authorized
16 to operate a relocation program and to pay relocation costs.
17 The departments are authorized to exceed the maximum payment
18 limits of the federal "Uniform Relocation Assistance and Real
19 Property Acquisition Policies Act" when necessary to ensure
20 the provision of decent, safe, or sanitary housing, or to
21 secure a suitable relocation site.
22 The Director of Central Management Services is
23 authorized, with the consent in writing of the Governor, to
24 acquire by private purchase, or by condemnation in the manner
25 provided for the exercise of the power of eminent domain
26 under Article VII of the Code of Civil Procedure, all other
27 lands, buildings, and grounds for which an appropriation may
28 be made by the General Assembly. To the extent necessary to
29 comply with the federal "Uniform Relocation Assistance and
30 Real Property Acquisition Policies Act", Public Law 91-646,
31 as amended, the Department of Central Management Services is
32 authorized to operate a relocation program and to pay
33 relocation costs. The Department is authorized to exceed the
34 maximum payment limits of the federal "Uniform Relocation
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1 Assistance and Real Property Acquisition Policies Act" when
2 necessary to ensure the provision of decent, safe, and
3 sanitary housing, or to secure a suitable relocation site.
4 The Department shall make or direct the payment of the such
5 relocation amounts from the funds available to acquire the
6 property.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 5/5-700 new)
9 (was 20 ILCS 5/32) (from Ch. 127, par. 32)
10 Sec. 5-700. Transfers of rights, powers, and duties. 32.
11 Whenever rights, powers, and duties vested in or exercised by
12 any officer, board, commission, institution, or department,
13 or any deputy, inspector, or subordinate officer of one of
14 those thereof, are, by the Civil Administrative Code of
15 Illinois this Act, or by any amendments to the Code thereto,
16 transferred either in whole or in part, to or vested in a
17 department created by the Code this Act, or by any amendments
18 to the Code thereto, those such rights, powers, and duties
19 shall be vested in, and shall be exercised by the department
20 to which they the same are thereby transferred, and not
21 otherwise, and every act done in the exercise of those such
22 rights, powers, and duties shall have the same legal effect
23 as if done by the former officer, board, commission,
24 institution, or department, or any deputy, inspector, or
25 subordinate officer of any of those thereof.
26 Every person and corporation shall be subject to the same
27 obligations and duties and shall have the same rights,
28 arising from the exercise of those such rights, powers, and
29 duties as if those such rights, powers, and duties were
30 exercised by the officer, board, commission, department, or
31 institution, or deputy, inspector, or subordinate of any of
32 those thereof, designated in the respective laws that which
33 are to be administered by departments created by the Civil
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1 Administrative Code of Illinois this Act or by any amendments
2 to the Code thereto. Every person and corporation shall be
3 subject to the same penalty or penalties, civil or criminal,
4 for failure to perform any such obligation or duty, or for
5 doing a prohibited act, as if the such obligation or duty
6 arose from, or the such act were prohibited in, the exercise
7 of the such right, power, or duty by the officer, board,
8 commission, department, or institution, or deputy, inspector,
9 or subordinate of any of those thereof, designated in the
10 respective laws that which are to be administered by
11 departments created by the Civil Administrative Code of
12 Illinois this Act or by any amendments to the Code thereto.
13 Every officer and employee shall, for any offense, be subject
14 to the same penalty or penalties, civil or criminal, as are
15 prescribed by existing law for the same offense by any
16 officer or employee whose powers or duties devolved upon the
17 officer or employee him under the Code this Act or under by
18 any amendments to the Code thereto.
19 All books, records, papers, documents, property, real and
20 personal, unexpended appropriations, and pending business in
21 any way pertaining to the rights, powers, and duties so
22 transferred to or vested in a department created by the Civil
23 Administrative Code of Illinois this Act, or by any
24 amendments to the Code thereto, shall be delivered and
25 transferred to the department succeeding to those such
26 rights, powers, and duties.
27 (Source: Laws 1941, vol. 1, p. 1214.)
28 (20 ILCS 5/5-705 new)
29 (was 20 ILCS 5/33) (from Ch. 127, par. 33)
30 Sec. 5-705. Reports and notices after position or entity
31 abolished or duties transferred. 33. Whenever reports or
32 notices are now required to be made or given, or papers or
33 documents furnished or served by any person to or upon any
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1 officer, board, commission, or institution, or any deputy,
2 inspector, or subordinate of any of those thereof, abolished
3 by the Civil Administrative Code of Illinois this Act, or by
4 any amendments to the Code thereto, or whose duties with
5 relation to the subject matter of those such reports,
6 notices, papers, or documents have, by the Code this Act, or
7 any amendments to the Code thereto, been transferred to
8 another department, division, office, board, or other agency
9 of the State government, the same shall be made, given,
10 furnished, or served in the same manner to or upon the
11 department, division, office, board, or other agency upon
12 which are devolved by the Code this Act or by any amendments
13 to the Code thereto the rights, powers, and duties now
14 exercised or discharged by the such officer, board,
15 commission, or institution, or the deputy, inspector, or
16 subordinate of any of those, thereof and every penalty for
17 failure so to do shall continue in effect.
18 (Source: P.A. 77-153.)
19 (15 ILCS 20/Art. 50 heading new)
20 ARTICLE 50. STATE BUDGET
21 (15 ILCS 20/50-1 new)
22 Sec. 50-1. Article short title. This Article 50 of the
23 Civil Administrative Code of Illinois may be cited as the
24 State Budget Law.
25 (15 ILCS 20/50-5 new)
26 (was 15 ILCS 20/38) (from Ch. 127, par. 38)
27 Sec. 50-5. Governor to submit State budget. 38. The
28 Governor shall, as soon as possible and not later than the
29 third Wednesday in February of each year beginning in 1998,
30 submit a State budget, embracing therein the amounts
31 recommended by the Governor him to be appropriated to the
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1 respective departments, offices, and institutions, and for
2 all other public purposes, the estimated revenues from
3 taxation, the estimated revenues from sources other than
4 taxation, and an estimate of the amount required to be raised
5 by taxation. The amounts recommended by the Governor for
6 appropriation to the respective departments, offices and
7 institutions shall be formulated according to the various
8 functions and activities for which the respective department,
9 office or institution of the State government (including the
10 elective officers in the executive department and including
11 the University of Illinois and the judicial department) is
12 responsible. The amounts relating to particular functions and
13 activities shall be further formulated in accordance with the
14 object classification specified in Section 13 of the State
15 Finance Act.
16 The Governor shall not propose expenditures and the
17 General Assembly shall not enact appropriations that exceed
18 the resources estimated to be available, as provided in this
19 Section.
20 For the purposes of Article VIII, Section 2 of the 1970
21 Illinois Constitution, the State budget for the following
22 funds shall be prepared on the basis of revenue and
23 expenditure measurement concepts that are in concert with
24 generally accepted accounting principles for governments:
25 (1) General Revenue Fund.
26 (2) Common School Fund.
27 (3) Educational Assistance Fund.
28 (4) Road Fund.
29 (5) Motor Fuel Tax Fund.
30 (6) Agricultural Premium Fund.
31 These funds shall be known as the "budgeted funds". The
32 revenue estimates used in the State budget for the budgeted
33 funds shall include the estimated beginning fund balance,
34 plus revenues estimated to be received during the budgeted
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1 year, plus the estimated receipts due the State as of June 30
2 of the budgeted year that are expected to be collected during
3 the lapse period following the budgeted year, minus the
4 receipts collected during the first 2 months of the budgeted
5 year that became due to the State in the year before the
6 budgeted year. Revenues shall also include estimated federal
7 reimbursements associated with the recognition of Section 25
8 of the State Finance Act liabilities. For any budgeted fund
9 for which current year revenues are anticipated to exceed
10 expenditures, the surplus shall be considered to be a
11 resource available for expenditure in the budgeted fiscal
12 year.
13 Expenditure estimates for the budgeted funds included in
14 the State budget shall include the costs to be incurred by
15 the State for the budgeted year, to be paid in the next
16 fiscal year, excluding costs paid in the budgeted year which
17 were carried over from the prior year, where the payment is
18 authorized by Section 25 of the State Finance Act. For any
19 budgeted fund for which expenditures are expected to exceed
20 revenues in the current fiscal year, the deficit shall be
21 considered as a use of funds in the budgeted fiscal year.
22 Revenues and expenditures shall also include transfers
23 between funds that are based on revenues received or costs
24 incurred during the budget year.
25 By March 15 of each year, the Economic and Fiscal
26 Commission shall prepare revenue and fund transfer estimates
27 in accordance with the requirements of this Section and
28 report those estimates to the General Assembly and the
29 Governor.
30 For all funds other than the budgeted funds, the proposed
31 expenditures shall not exceed funds estimated to be available
32 for the fiscal year as shown in the budget. Appropriation
33 for a fiscal year shall not exceed funds estimated by the
34 General Assembly to be available during that year.
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1 (Source: P.A. 89-699, eff. 1-16-97; 90-479, eff. 8-17-97.)
2 (15 ILCS 20/50-10 new)
3 (was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
4 Sec. 50-10. Budget contents. 38.1. The budget shall be
5 submitted by the Governor with line item and program data.
6 The budget shall also contain performance data presenting an
7 estimate for the current fiscal year, projections for the
8 budget year, and information for the 3 prior fiscal years
9 comparing department objectives with actual accomplishments,
10 formulated according to the various functions and activities,
11 and, wherever the nature of the work admits, according to the
12 work units, for which the respective departments, offices,
13 and institutions of the State government (including the
14 elective officers in the executive department and including
15 the University of Illinois and the judicial department) are
16 responsible.
17 For the fiscal year beginning July 1, 1992 and for each
18 fiscal year thereafter, the budget shall include the
19 performance measures of each department's accountability
20 report.
21 For the fiscal year beginning July 1, 1997 and for each
22 fiscal year thereafter, the budget shall include one or more
23 line items appropriating moneys to the Department of Human
24 Services to fund participation in the Home-Based Support
25 Services Program for Mentally Disabled Adults under the
26 Developmental Disability and Mental Disability Services Act
27 by persons described in Section 2-17 of that Act.
28 The budget shall contain a capital development Section in
29 which the Governor will present (1) information on the
30 capital projects and capital programs for which
31 appropriations are requested, and (2) the capital spending
32 plans, which shall document the first and subsequent years
33 cash requirements by fund for the proposed bonded program,
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1 and (3) a statement that which shall identify by year the
2 principal and interest costs until retirement of the State's
3 general obligation debt. In addition, the principal and
4 interest costs of the budget year program shall be presented
5 separately, to indicate the marginal cost of principal and
6 interest payments necessary to retire the additional bonds
7 needed to finance the budget year's capital program.
8 For the budget year, the current year, and 3 three prior
9 fiscal years, the Governor shall also include in the budget
10 estimates of or actual values for the assets and liabilities
11 for General Assembly Retirement System, State Employees'
12 Retirement System of Illinois, State Universities Retirement
13 System, Teachers' Retirement System of the State of Illinois,
14 and Judges Retirement System of Illinois.
15 The budget submitted by the Governor shall contain, in
16 addition, in a separate book, a tabulation of all position
17 and employment titles in each such department, office, and
18 institution, the number of each, and the salaries for each,
19 formulated according to divisions, bureaus, sections,
20 offices, departments, boards, and similar subdivisions, which
21 shall correspond as nearly as practicable to the functions
22 and activities for which the department, office, or
23 institution is responsible.
24 Together with the such budget, the Governor shall
25 transmit the estimates of receipts and expenditures, as
26 received by the director of the Bureau of the Budget, of the
27 elective officers in the executive and judicial departments
28 and of the University of Illinois.
29 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
30 (15 ILCS 20/50-15 new)
31 (was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2)
32 Sec. 50-15. Department accountability reports; Budget
33 Advisory Panel. 38.2.
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1 (a) Beginning in the fiscal year which begins July 1,
2 1992, each department of State government as listed in
3 Section 5-15 3 of the Departments of State Government Law (20
4 ILCS 5/5-15) this Code shall submit an annual accountability
5 report to the Bureau of the Budget at times designated by the
6 Director of the Bureau of the Budget. Each accountability
7 report shall be designed to assist the Bureau of the Budget
8 in its duties under Sections 2.2 and 2.3 of the "An Act to
9 create a Bureau of the Budget Act and to define its powers
10 and duties and to make an appropriation", approved April 16,
11 1969, as now or hereafter amended, and shall measure the
12 department's performance based on criteria, goals, and
13 objectives established by the department with the oversight
14 and assistance of the Bureau of the Budget. Each department
15 shall also submit interim progress reports at times
16 designated by the Director of the Bureau of the Budget.
17 (b) There is created a Budget Advisory Panel, consisting
18 of 10 representatives of private business and industry
19 appointed 2 each by the Governor, the President of the
20 Senate, the and Minority Leader of the Senate, the and
21 Speaker of the House of Representatives, and the Minority
22 Leader of the House of Representatives. The Budget Advisory
23 Panel shall aid the Bureau of the Budget in the establishment
24 of the criteria, goals, and objectives by the departments for
25 use in measuring their performance in accountability reports.
26 The Budget Advisory Panel shall also assist the Bureau of the
27 Budget in reviewing accountability reports and assessing the
28 effectiveness of each department's performance measures. The
29 Budget Advisory Panel shall submit to the Bureau of the
30 Budget a report of its activities and recommendations for
31 change in the procedures established in subsection (a) at the
32 time designated by the Director of the Bureau of the Budget,
33 but in any case no later than the third Friday of each
34 November.
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1 (c) The Director of the Bureau of the Budget shall
2 select not more than 3 departments for a pilot program
3 implementing the procedures of subsection (a) for budget
4 requests for the fiscal years beginning July 1, 1990 and July
5 1, 1991, and each of the departments elected shall submit
6 accountability reports for those fiscal years.
7 By April 1, 1991, the Bureau of the Budget with the
8 assistance of the Budget Advisory Panel shall recommend in
9 writing to the Governor any changes in the budget review
10 process established pursuant to this Section suggested by its
11 evaluation of the pilot program. The Governor shall submit
12 changes to the budget review process that the Governor he
13 plans to adopt, based on the report, to the President and
14 Minority Leader of the Senate and the Speaker and Minority
15 Leader of the House of Representatives.
16 (Source: P.A. 86-1027.)
17 (15 ILCS 20/50-20 new)
18 (was 15 ILCS 20/38.3)
19 Sec. 50-20. 38.3. Responsible Education Funding Law.
20 (a) The Governor shall submit to the General Assembly a
21 proposed budget for elementary and secondary education in
22 which total General Revenue Fund appropriations are no less
23 than the total General Revenue Fund appropriations of the
24 previous fiscal year. In addition, the Governor shall
25 specify the total amount of funds to be transferred from the
26 General Revenue Fund to the Common School Fund during the
27 budget year, which shall be no less than the total amount
28 transferred during the previous fiscal year. The Governor
29 may submit a proposed budget in which the total appropriated
30 and transferred amounts are less than the previous fiscal
31 year if the Governor declares in writing to the General
32 Assembly the reason for the lesser amounts.
33 (b) The General Assembly shall appropriate amounts for
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1 elementary and secondary education from the General Revenue
2 Fund for each fiscal year so that the total General Revenue
3 Fund appropriation is no less than the total General Revenue
4 Fund appropriation for elementary and secondary education for
5 the previous fiscal year. In addition, the General Assembly
6 shall legislatively transfer from the General Revenue Fund to
7 the Common School Fund for the such fiscal year a total
8 amount that is no less than the total amount transferred for
9 the previous fiscal year. The General Assembly may
10 appropriate or transfer lesser amounts if it declares by
11 Joint Resolution the reason for the lesser amounts.
12 (c) This Section may be cited as the Responsible
13 Education Funding Law.
14 (Source: P.A. 88-660, eff. 9-16-94.)
15 (20 ILCS 110/Art. 110 heading new)
16 ARTICLE 110. DEPARTMENT ON AGING
17 (20 ILCS 110/110-1 new)
18 Sec. 110-1. Article short title. This Article 110 of the
19 Civil Administrative Code of Illinois may be cited as the
20 Department on Aging Law.
21 (20 ILCS 110/110-5 new)
22 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
23 Sec. 110-5. 69. The Department on Aging; powers. The
24 Department on Aging shall exercise, administer, and enforce
25 all rights, powers, and duties vested in the Department on
26 Aging by the "Illinois Act on the Aging", enacted by the
27 Seventy-eighth General Assembly as amended.
28 (Source: P.A. 78-242.)
29 (20 ILCS 205/Art. 205 heading new)
30 ARTICLE 205. DEPARTMENT OF AGRICULTURE
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1 (20 ILCS 205/205-1 new)
2 Sec. 205-1. Article short title. This Article 205 of the
3 Civil Administrative Code of Illinois may be cited as the
4 Department of Agriculture Law.
5 (20 ILCS 205/205-5 new)
6 Sec. 205-5. Definition. In this Law, "Department" means
7 the Department of Agriculture.
8 (20 ILCS 205/205-10 new)
9 (was 20 ILCS 205/40) (from Ch. 127, par. 40)
10 Sec. 205-10. Powers, generally. 40. The Department of
11 Agriculture has the powers enumerated in the following
12 Sections 40.1 through 40.45.
13 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
14 (20 ILCS 205/205-15 new)
15 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
16 40.7 and 40.8)
17 Sec. 205-15. 40.7. Promotional activities.
18 (a) The Department has the power to encourage and
19 promote, in every practicable manner, the interests of
20 agriculture, including horticulture, the livestock industry,
21 dairying, cheese making, poultry, bee keeping, forestry, the
22 production of wool, and all other allied industries. In
23 furtherance of the duties set forth in this subsection (a)
24 Section, the Department may establish trust funds and bank
25 accounts in adequately protected financial institutions to
26 receive and disburse monies in connection with the conduct of
27 food shows, food expositions, trade shows, and other
28 promotional activities, and to sell at cost, to qualified
29 applicants, signs designating farms that, which have been
30 owned for 100 years or more by lineal or collateral
31 descendants of the same family, as "Centennial Farms". The
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1 Department shall provide applications for the such signs,
2 which shall be submitted with the required fee. "Centennial
3 Farms" signs shall not contain within their design, the name,
4 picture, or other likeness of any elected public official or
5 any appointed public official.
6 (b) The Department has the power Sec. 40.8. to promote
7 improved methods of conducting the these several industries
8 described in subsection (a) with a view to increasing the
9 production and facilitating facilitate the distribution
10 thereof at the least cost.
11 (Source: Laws 1967, p. 4087; P.A. 90-598, eff. 1-1-99.)
12 (20 ILCS 205/205-20 new)
13 (was 20 ILCS 205/40.7a)
14 Sec. 205-20. 40.7a. State Fair promotion. The Department
15 has the power to encourage and promote agriculture and
16 related industries and activities associated with the
17 Illinois State Fair. The Department may establish State Fair
18 and treasury held funds to receive and disburse moneys in
19 connection with the conduct and promotion of activities held
20 at the Illinois State Fair.
21 (Source: P.A. 88-5.)
22 (20 ILCS 205/205-25 new)
23 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
24 Sec. 205-25. Institutes, societies, fairs, and exhibits.
25 The Department has the power 40.14. to assist, encourage, and
26 promote the organization of farmers' institutes,
27 horticultural and agricultural societies, the holding of
28 fairs, fat stock shows, or other exhibits of the products of
29 agriculture, and the breeding and racing of Illinois
30 conceived and foaled horses.
31 (Source: P.A. 84-295.)
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1 (20 ILCS 205/205-27 new)
2 (was 20 ILCS 205/40.7b)
3 Sec. 205-27. 40.7b. Livestock show promotion grants.
4 The Department has the power to develop and implement a
5 program of grants to promote National Junior Livestock
6 Association production livestock shows that have been
7 approved by the Department and are scheduled to be held at
8 the Illinois State Fair or the DuQuoin State Fair. Grant
9 applicants must be nonprofit organizations that organize or
10 sponsor the shows and must submit information requested by
11 the Department to verify their nonprofit nature and financial
12 condition.
13 Criteria for awarding grants shall include, but need not
14 be limited to, the following: (i) the length of the show;
15 (ii) the estimated proceeds of the show; (iii) the number of
16 entries in the show; and (iv) the economic impact of the show
17 upon the State.
18 Grants shall be awarded from funds appropriated for this
19 purpose to a maximum of $100,000 per fiscal year. Any number
20 of grants may be awarded, but no single grant may exceed
21 $25,000 and no more than one grant may be awarded for the
22 promotion of one show.
23 (Source: P.A. 90-641, eff. 1-1-99.)
24 (20 ILCS 205/205-30 new)
25 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
26 Sec. 205-30. Production and marketing statistics. The
27 Department has the power 40.9. to collect and publish
28 statistics relating to crop production and marketing and to,
29 the production of and marketing of beef, pork, poultry,
30 mutton, wool, butter, cheese, and other agricultural products
31 so far as that such statistical information may be of value
32 to the agricultural and allied interests of the State.
33 (Source: Laws 1967, p. 4087.)
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1 (20 ILCS 205/205-35 new)
2 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
3 Sec. 205-35. Market news and bulletins. The Department
4 has the power 40.10. to collect, analyze, and publish market
5 news and to establish such facilities and publish such
6 bulletins and news reports that as may be necessary and
7 proper in order to keep producers and handlers informed
8 concerning supply, demand, and other economic conditions
9 affecting and related to the sale of livestock and other
10 agricultural products produced in the State of Illinois.
11 (Source: P.A. 84-295.)
12 (20 ILCS 205/205-40 new)
13 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
14 Sec. 205-40. Export consulting service and standards.
15 40.31. The Department, of Agriculture in cooperation with the
16 Department of Commerce and Community Affairs and the
17 Agricultural Export Advisory Committee, shall (1) provide a
18 consulting service to those who desire to export farm
19 products, commodities, and supplies, and guide them in their
20 efforts to improve trade relations; (2) cooperate with
21 agencies and instrumentalities of the federal government to
22 develop export grade standards for farm products, commodities
23 , and supplies produced in Illinois and shall adopt
24 reasonable rules and regulations to ensure insure that
25 exports of those such products, commodities, and supplies,
26 comply with those such standards; (3) upon request and after
27 inspection of any such farm product, commodity, or supplies,
28 certify compliance or noncompliance with those such
29 standards; (4) provide an informational program to existing
30 and potential foreign importers of farm products, commodities
31 , and supplies; (5) qualify for U. S. Department of
32 Agriculture matching funds for overseas promotion of farm
33 products, commodities, and supplies according to the federal
HB0236 Engrossed -67- LRB9100031DJcdA
1 requirements regarding State expenditures that are eligible
2 for matching funds; and (6) provide a consulting service to
3 persons who desire to export processed or value-added
4 agricultural products, and assist those such persons in
5 ascertaining legal and regulatory restrictions and market
6 preferences that which affect the sale of value-added
7 agricultural products in foreign markets.
8 (Source: P.A. 83-445.)
9 (20 ILCS 205/205-45 new)
10 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
11 Sec. 205-45. "Illinois Product" label program. The
12 Department has the power 40.36. to administer the "Illinois
13 Product" label program, whereby a label with the words
14 "Illinois Product" on it may be placed on food and
15 agribusiness commodities produced, processed, or packaged in
16 Illinois.
17 (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.)
18 (20 ILCS 205/205-50 new)
19 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
20 Sec. 205-50. Ginseng marketing program. The Department
21 has the power 40.40. to develop a ginseng marketing program
22 for domestic and international markets.
23 (Source: P.A. 87-121.)
24 (20 ILCS 205/205-55 new)
25 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
26 Sec. 205-55. Gasohol and other alcohol fuels promotion.
27 The Department has the power 40.27. to promote the use of
28 gasohol and other alcohol fuels and to promote the
29 utilization of agricultural crops for the production of
30 alcohol fuels, particularly the use of by-products of such
31 crops without diminishing the primary utilization of such
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1 crops.
2 (Source: P.A. 83-439.)
3 (20 ILCS 205/205-60 new)
4 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
5 Sec. 205-60. 40.35. Aquaculture. The Department has the
6 power to develop and implement a program to promote
7 aquaculture in this State pursuant to the Aquaculture
8 Development Act, to promulgate the necessary rules and
9 regulations, and to cooperate with and seek the assistance of
10 the Department of Natural Resources and the Department of
11 Transportation in the implementation and enforcement of that
12 Act.
13 (Source: P.A. 89-445, eff. 2-7-96.)
14 (20 ILCS 205/205-100 new)
15 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
16 Sec. 205-100. Trees and shrubs; insect pests and plant
17 diseases. The Department has the power 40.11. to encourage
18 the planting of trees and shrubs and the improvement of farm
19 homes generally and; to provide for the suppression and
20 control of insect pests and plant diseases.
21 (Source: P.A. 84-295.)
22 (20 ILCS 205/205-105 new)
23 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
24 Sec. 205-105. County soil surveys. 40.24. The Department
25 of Agriculture shall provide funds sufficient to pay 25% of
26 the cost of conducting county soil surveys conducted pursuant
27 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
28 of Federal Regulations.
29 (Source: P.A. 81-1360.)
30 (20 ILCS 205/205-110 new)
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1 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
2 Sec. 205-110. Forestry management; farmland preservation.
3 The Department has the power 40.28. to provide information
4 and assistance to farmland owners in this State regarding the
5 economic and soil and water conservation benefits that can be
6 attained through forestry management on marginal lands and;
7 to promote farmland preservation.
8 (Source: P.A. 84-295.)
9 (20 ILCS 205/205-115 new)
10 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
11 Sec. 205-115. Revegetation of post-mining land. The
12 Department has the power: 40.38. to develop data used in the
13 Agricultural Lands Productivity Formula that is used in
14 determining the success of revegetation of post-mining land
15 for row-crop agricultural purposes in accordance with the
16 Surface Coal Mining Land Conservation and Reclamation Act; to
17 cooperate with the Department of Natural Resources in
18 determining the success of the such cropland revegetation
19 under the Surface Coal Mining Land Conservation and
20 Reclamation Act; and to publish annually a Soil Master and
21 County Cropped Acreage Manual, which is data derived from and
22 used in the formula. The, but such manual is exempt from the
23 rule-making requirements of the Illinois Administrative
24 Procedure Act.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 (20 ILCS 205/205-200 new)
27 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
28 Sec. 205-200. Animal welfare. The Department has the
29 power 40.16. to execute and administer acts and rules
30 relating to animal welfare.
31 (Source: P.A. 84-295.)
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1 (20 ILCS 205/205-205 new)
2 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
3 Sec. 205-205. Contagious and infectious diseases among
4 domestic animals. The Department has the power 40.13. to
5 inquire into the causes of contagious, infectious, and
6 communicable diseases among domestic animals, and the means
7 for the prevention and cure of those such diseases.
8 (Source: Laws 1967, p. 4087.)
9 (20 ILCS 205/205-300 new)
10 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
11 Sec. 205-300. Inspection of apiaries. The Department has
12 the power 40.4. to exercise the rights, powers, and duties
13 vested by law in the State inspector of apiaries and the
14 inspector's, his assistants and employees.
15 (Source: Laws 1967, p. 4087.)
16 (20 ILCS 205/205-305 new)
17 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
18 Sec. 205-305. Veterinary biologics. The Department has
19 the power 40.12. to approve the use of licensed veterinary
20 biologics in the State and approve field trials of veterinary
21 biologics in accordance with the standards provided for in
22 the Code of Federal Regulations, Title 9, Subpart E.
23 (Source: P.A. 88-91; 88-457.)
24 (20 ILCS 205/205-310 new)
25 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
26 Sec. 205-310. Laboratory services. The Department has the
27 power 40.33. to provide laboratory services for the diagnosis
28 of animal diseases and, for the analysis of feeds,
29 fertilizers, seeds, and pesticides, and to perform related
30 laboratory services.
31 (Source: P.A. 84-295.)
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1 (20 ILCS 205/205-315 new)
2 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
3 Sec. 205-315. Warehouses; buying and selling grain. The
4 Department has the power 40.17. to exercise the rights,
5 powers, and duties vested by law in the Department in
6 regulating grain warehouses, personal property warehouses,
7 and persons engaged in the business of buying and selling
8 grain.
9 (Source: P.A. 84-295.)
10 (20 ILCS 205/205-320 new)
11 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
12 Sec. 205-320. Weights and measures. The Department has
13 the power 40.18. to execute and administer all laws and
14 regulations, now or hereafter enacted, relating to weights
15 and measures.
16 (Source: Laws 1967, p. 4087.)
17 (20 ILCS 205/205-325 new)
18 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
19 Sec. 205-325. Commodities; standards and quality. The
20 Department has the power 40.19. to execute and administer all
21 laws and regulations, now or hereafter enacted, relating to
22 standards and quality of and for commodities.
23 (Source: Laws 1967, p. 4087.)
24 (20 ILCS 205/205-330 new)
25 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
26 Sec. 205-330. Meat and poultry. The Department has the
27 power 40.32. to execute and administer the laws and rules
28 pertaining to the slaughter, processing, and sale of meat and
29 poultry and products thereof.
30 (Source: P.A. 84-295.)
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1 (20 ILCS 205/205-335 new)
2 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
3 Sec. 205-335. Pesticides. The Department has the power
4 40.21. to execute and administer laws and regulations
5 relating to the distribution, sale, use, and registration of
6 pesticides and the regulation and certification of persons
7 applying pesticides and pesticide dealers. The Department
8 also has the power; and to promote the proper handling and
9 use of pesticide containers through the operation of
10 pesticide container recycling programs and to make business
11 development loans from moneys granted to the Department by
12 the United States Department of Agriculture for those
13 purposes, subject to terms and conditions the Department
14 deems necessary to ensure repayment of the loans.
15 (Source: P.A. 89-463, eff. 5-31-96.)
16 (20 ILCS 205/205-340 new)
17 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
18 Sec. 205-340. Pesticide contamination at agrichemical
19 facilities. 40.39. In accordance with constitutional
20 limitations, and to the extent necessary to carry out the
21 Department's powers and duties under paragraph 8 of Section
22 19 of the Illinois Pesticide Control Act, the Department has
23 the power to enter at all reasonable times upon any private
24 or public property.
25 (Source: P.A. 86-1172.)
26 (20 ILCS 205/205-345 new)
27 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
28 Sec. 205-345. Fertilizers. The Department has the power
29 40.6. to execute and administer the Acts and rules regulating
30 the manufacture, sale, and distribution of fertilizers.
31 (Source: P.A. 84-295.)
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1 (20 ILCS 205/205-350 new)
2 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
3 Sec. 205-350. Fuel sold as gasohol; penalty. The
4 Department has the power 40.25. to test fuel that which is
5 sold as gasohol, or is claimed to be gasohol under the Use
6 Tax Act, the Service Occupation Tax Act, or the Retailers'
7 Occupation Tax Act in order, to determine whether the fuel
8 contains at least 10% alcohol.
9 Any person who knowingly sells or represents as gasohol
10 any fuel that which does not qualify as gasohol under any of
11 the above named Acts is guilty of a business offense and
12 shall be fined not more than $100 for each day that the such
13 sale or representation takes place after notification from
14 the Department that the fuel in question does not qualify as
15 gasohol.
16 (Source: P.A. 82-702.)
17 (20 ILCS 205/205-355 new)
18 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
19 Sec. 205-355. Motor fuel alcohol; water test. The
20 Department has the power 40.26. to test alcohol to be used as
21 a motor fuel component to ensure that insure it contains no
22 more than 1.25% water by weight.
23 (Source: P.A. 82-702.)
24 (20 ILCS 205/205-400 new)
25 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
26 Sec. 205-400. Transfer of realty; acquisition of federal
27 lands. The Department has the power 40.20. to transfer
28 jurisdiction of any realty under the control of the
29 Department to any other department of the State government,
30 or to acquire or accept federal lands, when the such
31 transfer, acquisition, or acceptance is advantageous to the
32 State and is approved in writing by the Governor.
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1 (Source: Laws 1967, p. 4087.)
2 (20 ILCS 205/205-405 new)
3 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
4 Sec. 205-405. State Fairgrounds property. The Department
5 has the power 40.22. to be the custodian of buildings,
6 structures, and property located on the State Fairgrounds,
7 and to maintain those buildings and structures and that
8 property the same.
9 (Source: P.A. 81-853.)
10 (20 ILCS 205/205-410 new)
11 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
12 Sec. 205-410. Surety bonds; trust funds and accounts;
13 bank accounts.
14 (a) In this Section:
15 "Claimant" means a person who is unable to secure
16 satisfaction of financial obligations due from a person
17 subject to regulation by the Department, in accordance with
18 the applicable statute or regulation and the time limits
19 provided for in that statute or regulation, if any, under any
20 of the following Acts:
21 (1) The Illinois Egg and Egg Products Act.
22 (2) The Personal Property Storage Act.
23 (3) The Livestock Auction Market Law.
24 (4) The Illinois Pesticide Act.
25 (5) The Weights and Measures Act.
26 (6) The Illinois Livestock Dealer Licensing Act.
27 (7) The Slaughter Livestock Buyers Act.
28 (8) The Illinois Feeder Swine Dealer Licensing Act.
29 "Failure" under the Acts cited in the definition of
30 "claimant" contained in this Section means any of the
31 following:
32 (1) An inability to financially satisfy claimants
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1 in accordance with the applicable statute or regulation
2 and the time limits provided for in that statute or
3 regulation, if any.
4 (2) A public declaration of insolvency.
5 (3) A revocation of a license and the leaving of an
6 outstanding indebtedness to claimants.
7 (4) A failure to pay claimants in the ordinary
8 course of business and when a bonafide dispute does not
9 exist between the licensee and the customer.
10 (5) A failure to apply for renewal of a license.
11 (6) A denial of a request for renewal of a license.
12 (7) A voluntary surrendering of a license.
13 (b) The Department has the power 40.23. to control
14 surety bonds and trust funds and to establish trust accounts
15 and bank accounts in adequately protected financial
16 institutions, to hold monies received by the Director of
17 Agriculture when acting as trustee, to protect the assets of
18 licensees for the benefit of claimants, to accept security
19 from licensees to collateralize licensees' financial
20 deficiencies (and that such security shall be secondary to
21 surety bonds in the collection process), to accept collateral
22 and security in lieu of or in addition to a commercial surety
23 bond, and to collect and disburse the proceeds of those such
24 bonds and trust funds when acting as trustee on behalf of
25 claimants without responsibility for the management and
26 operation of discontinued or insolvent businesses, those such
27 thereto in which the
28 State of Illinois has no right, title, or interest.
29 (c) The Department shall promulgate and file procedural
30 rules and regulations to be followed concerning the
31 establishment and segregation of trust accounts and bank
32 accounts and the holding of administrative hearings to
33 identify and verify claimants and claim amounts, to claim and
34 collect the proceeds of surety bonds and other assets, and to
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1 distribute monies in trust funds and bank accounts to
2 claimants. The trustee shall maintain and retain records and
3 make available for audit or review by any person, firm,
4 corporation, or government entity the such trust accounts and
5 bank accounts, check registers, cancelled claimants' checks,
6 and records accumulated and used by the Department to
7 ascertain the claimants and claims against surety bonds or
8 trust funds.
9 Definitions of terms as used in this Section:
10 "Claimant" means a person who is unable to secure
11 satisfaction of financial obligations due from a person
12 subject to regulation by the Department, in accordance with
13 applicable statute or regulation and the time limits provided
14 for therein, if any, under any of the following Acts:
15 (a) Illinois Egg and Egg Products Act;
16 (b) Personal Property Storage Act;
17 (c) (Blank);
18 (d) Livestock Auction Market Law;
19 (e) Illinois Pesticide Act;
20 (f) Weights and Measures Act;
21 (g) Illinois Livestock Dealer Licensing Act;
22 (h) Slaughter Livestock Buyers Act;
23 (i) (Blank); or
24 (j) Illinois Feeder Swine Dealer Licensing Act.
25 "Failure" under the Acts cited in the definition of
26 "claimant" contained in this Section means:
27 (a) An inability to financially satisfy claimants in
28 accordance with applicable statute or regulation and the time
29 limits provided for therein, if any;
30 (b) A public declaration of insolvency;
31 (c) A revocation of license and leaving outstanding
32 indebtedness to claimants;
33 (d) A failure to pay claimants in the ordinary course of
34 business and where a bonafide dispute does not exist between
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1 and customer;
2 (e) A failure to apply for license renewal;
3 (f) A denial of license renewal; or
4 (g) A voluntary surrendering of a license.
5 (d) The Department may use monies in the trust accounts
6 that are established to hold monies received in trust for
7 disbursement to claimants for the benefit of claimants and
8 for paying expenses incurred in pursuing those such assets.
9 (Source: P.A. 89-287, eff. 1-1-96.)
10 (20 ILCS 205/205-415 new)
11 (was 20 ILCS 205/40.42)
12 Sec. 205-415. 40.42. State Cooperative Extension Service
13 Trust Fund. The Department of Agriculture shall deposit into
14 the State Cooperative Extension Service Trust Fund, a trust
15 fund created outside the State treasury and held by the State
16 Treasurer as custodian, all funds appropriated to the
17 Department as matching funds and for the purpose of general
18 support for cooperative extension programs as provided in the
19 County Cooperative Extension Law. At the direction of the
20 Treasurer of the University of Illinois, the Director of
21 Agriculture shall direct the State Treasurer and the State
22 Comptroller to transfer the trust funds to the University of
23 Illinois as provided under subsection (d) of Section 8 8(d)
24 of the County Cooperative Extension Law. The Department
25 shall not have responsibility for or control over the
26 cooperative extension service or its programs because of this
27 trust fund.
28 (Source: P.A. 89-691, eff. 12-31-96; 90-591, eff. 7-1-98.)
29 (20 ILCS 205/205-420 new)
30 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
31 Sec. 205-420. Appropriations for county fairs and
32 farmers' institutes. The Department has the power 40.15. to
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1 investigate and ascertain that moneys appropriated for county
2 fairs and farmers' institutes are faithfully applied to the
3 purposes authorized by law.
4 (Source: Laws 1967, p. 4087.)
5 (20 ILCS 205/205-425 new)
6 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
7 Sec. 205-425. Criminal history record information from
8 Department of State Police. 40.37. Whenever the Department of
9 Agriculture is authorized or required by law to consider some
10 aspect of criminal history record information for the purpose
11 of carrying out its statutory powers and responsibilities,
12 then, upon request and payment of fees in conformance with
13 the requirements of subsection 22 of Section 2605-400 55a of
14 "the Department of State Police Law (20 ILCS 2605/2605-400)
15 Civil Administrative Code of Illinois", the Department of
16 State Police is authorized to furnish, pursuant to positive
17 identification, the such information contained in State files
18 that as is necessary to fulfill the request.
19 (Source: P.A. 86-610.)
20 (20 ILCS 205/205-430 new)
21 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
22 Sec. 205-430. Cooperation with U.S. Department of
23 Agriculture. The Department has the power 40.34. to cooperate
24 with and enter into agreements with the United States
25 Department of Agriculture and with others in carrying out the
26 powers and duties vested in the Department and to adopt
27 guidelines, by reference, issued by federal agencies in
28 carrying out its powers and duties.
29 (Source: P.A. 84-295.)
30 (5 ILCS 620/Art. 250 heading new)
31 ARTICLE 250. STATE FAIR GROUNDS
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1 (5 ILCS 620/250-1 new)
2 Sec. 250-1. Article short title. This Article 250 of the
3 Civil Administrative Code of Illinois may be cited as the
4 State Fair Grounds Title Law.
5 (5 ILCS 620/250-5 new)
6 (was 5 ILCS 620/42) (from Ch. 127, par. 42)
7 Sec. 250-5. Title to State fair grounds. 42. The people
8 of the State of Illinois shall succeed to all the right,
9 title, and interest of the Illinois Department of Agriculture
10 in and to the State fair grounds, and to all lands,
11 buildings, money, unexpended appropriations, or other
12 property connected therewith.
13 (Source: P.A. 90-192, eff. 7-24-97.)
14 (20 ILCS 310/Art. 310 heading new)
15 ARTICLE 310. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
16 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
17 (20 ILCS 310/310-1 new)
18 Sec. 310-1. Article short title. This Article 310 of
19 the Civil Administrative Code of Illinois may be cited as the
20 Department of Human Services (Alcoholism and Substance Abuse)
21 Law.
22 (20 ILCS 310/310-5 new)
23 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
24 Sec. 310-5. Powers under certain Acts. 9.29. The
25 Department of Human Services, as successor to the Department
26 of Alcoholism and Substance Abuse, shall exercise,
27 administer, and enforce all rights, powers, and duties
28 formerly vested in the Department of Mental Health and
29 Developmental Disabilities by the following named Acts or
30 Sections of those Acts as they pertain to the provision of
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1 alcoholism services service and the Dangerous Drugs
2 Commission by the following named Acts or Sections thereof:
3 (1) 1. The "Cannabis Control Act", approved August
4 16, 1971, as amended.
5 (2) 2. The "Illinois Controlled Substances Act",
6 approved August 16, 1971, as amended.
7 (3) 3. The "Community Mental Health Act", approved
8 June 26, 1963, as amended.
9 (4) 4. The "Community Services Act", approved
10 August 13, 1981, as amended.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 405/Art. 405 heading new)
13 ARTICLE 405. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
14 (20 ILCS 405/405-1 new)
15 Sec. 405-1. Article short title. This Article 405 of
16 the Civil Administrative Code of Illinois may be cited as the
17 Department of Central Management Services Law.
18 (20 ILCS 405/405-5 new)
19 (was 20 ILCS 405/405.2) (from Ch. 127, par. 35.2)
20 Sec. 405-5. Definitions.
21 (a) In this Law 35.2. As used in sections 35.3 through
22 35.9 of this Act:
23 (a) "Department" means the Department of Central
24 Management Services.
25 (b) "Director" means the Director of Central Management
26 Services.
27 (b) In paragraphs (1) and (2) of Section 405-10 and in
28 Section 405-15, (c) "State agency", whether used in the
29 singular or plural, means all departments, officers,
30 commissions, boards, institutions, and bodies politic and
31 corporate of the State, including the offices of clerk of the
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1 supreme court and clerks of the appellate courts. The term
2 does; except, it shall not mean the several courts of the
3 State, nor does it mean the legislature or, its committees or
4 commissions.
5 (Source: P.A. 82-789.)
6 (20 ILCS 405/405-10 new)
7 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
8 Sec. 405-10. Director's duties; State policy. 35.3. It
9 shall be the duty of the Director and the policy of the State
10 of Illinois to do the following:
11 (1) (a) Place financial responsibility on State
12 agencies (as defined in subsection (b) of Section 405-5)
13 and to hold them accountable for the proper discharge of
14 this responsibility.
15 (2) (b) Require professional, accurate, and current
16 accounting with the State agencies (as defined in
17 subsection (b) of Section 405-5).
18 (3) (c) Decentralize fiscal, procedural, and
19 administrative operations to expedite the business of the
20 State and to avoid expense, unwieldiness, inefficiency,
21 and unnecessary duplication where decentralization is
22 consistent with proper fiscal management.
23 (4) (d) Manage or delegate the management of the
24 procurement, retention, installation, maintenance, and
25 operation of all electronic data processing equipment
26 used by State agencies as defined in Section 405-20 35.7
27 of this Act, so as to achieve maximum economy consistent
28 with development of adequate and timely information in a
29 form suitable for management analysis, in a manner that
30 provides for adequate security protection and back-up
31 facilities for that such equipment, the establishment of
32 bonding requirements, and a code of conduct for all
33 electronic data processing personnel to ensure insure the
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1 privacy of electronic data processing information as
2 provided by law.
3 (Source: P.A. 80-57.)
4 (20 ILCS 405/405-15 new)
5 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
6 Sec. 405-15. Audits. 35.4. The Department, when so
7 requested by the Governor or the chief executive officer of a
8 State agency, may perform internal audits, and procedural
9 audits and in performing these responsibilities, the
10 Department may examine the accounts of any organization, body
11 , or agency receiving appropriations from the General
12 Assembly, including all grantees and sub-grantees of grantor
13 State agencies included within the scope of the audit. For
14 purposes of this Section, "State agency" is defined as in
15 subsection (b) of Section 405-5.
16 (Source: P.A. 87-817.)
17 (20 ILCS 405/405-20 new)
18 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
19 Sec. 405-20. Fiscal policy information to Governor;
20 statistical research planning. 35.7.
21 (a) The Department shall be responsible for providing
22 the Governor with timely, comprehensive, and meaningful
23 information pertinent to the formulation and execution of
24 fiscal policy. In performing this responsibility the
25 Department shall have the power and duty to do the following:
26 (1) (a) Control the procurement, retention,
27 installation, maintenance, and operation, as specified by
28 the Director, of electronic data processing equipment
29 used by State agencies in such a manner as to achieve
30 maximum economy and provide adequate assistance in the
31 development of information suitable for management
32 analysis.;
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1 (2) (b) Establish principles and standards of
2 statistical reporting by State agencies and priorities
3 for completion of research by those such agencies in
4 accordance with the requirements for management analysis
5 as specified by the Director.;
6 (3) (c) Establish, through the Director, charges
7 for statistical services requested by State agencies and
8 rendered by the Department of Central Management Services
9 Such State agencies so charged shall reimburse the
10 Department of Central Management Services by vouchers
11 drawn against their respective appropriations for
12 electronic data processing. The Department is likewise
13 empowered through the Director to establish prices or
14 charges for all statistical reports purchased by agencies
15 and individuals not connected with State government.;
16 (4) (d) Instruct all State agencies as the Director
17 may require to report regularly to the Department, in the
18 such manner as the Director may prescribe,: their usage
19 of electronic information devices, the cost incurred, the
20 information produced, and the procedures followed in
21 obtaining the said information. All State such agencies
22 shall request of the Director of Central Management
23 Services any statistical services requiring the use of
24 electronic devices and shall conform to the priorities
25 assigned by the Director in using those such electronic
26 devices.;
27 (5) (e) Examine the accounts and statistical data
28 of any organization, body, or agency receiving
29 appropriations from the General Assembly.;
30 (6) (f) Install and operate a modern information
31 system utilizing equipment adequate to satisfy the
32 requirements for analysis and review as specified by the
33 Director. Expenditures for statistical services rendered
34 shall be reimbursed by the recipients. The Such
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1 reimbursement shall be determined by the Director of
2 Central Management Services as amounts sufficient to
3 reimburse the Statistical Services Revolving Fund for
4 expenditures incurred in rendering the such services.
5 (b) In addition to the other powers and duties listed in
6 this Section, the Department shall analyze the present and
7 future aims, needs, and requirements of statistical research
8 and planning in order, to provide for the formulation of
9 overall policy relative to the use of electronic data
10 processing equipment by the State of Illinois. In making this
11 analysis, the Department under the Director shall formulate a
12 master plan for statistical research, utilizing electronic
13 equipment most advantageously, and advising whether
14 electronic data processing equipment should be leased or
15 purchased by the State. The Department under the Director
16 shall prepare and submit interim reports of meaningful
17 developments and proposals for legislation to the Governor on
18 or before January 30 each year. The Department under the
19 Director shall engage in a continuing analysis and evaluation
20 of the master plan so developed, and it shall be the
21 responsibility of the Department to recommend from time to
22 time any needed amendments and modifications of any master
23 plan enacted by the General Assembly.
24 (c) For the purposes of this Section, Section 405-245,
25 and paragraph (4) of Section 405-10 only, "State agencies"
26 means all departments, boards, commissions, and agencies of
27 the State of Illinois subject to the Governor.
28 (Source: P.A. 82-789.)
29 (20 ILCS 405/405-25 new)
30 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
31 Sec. 405-25. Moneys made available by public or private
32 entities. 67.34. The Department may apply for, receive,
33 expend, allocate, or disburse funds and moneys made available
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1 by public or private entities, including, but not limited to,
2 contracts, private or public financial gifts, bequests,
3 grants, or donations from individuals, corporations,
4 foundations, or public or private institutions of higher
5 learning. All funds received by the Department from these
6 sources shall be deposited into the State treasury into a
7 State trust fund to be held by the State Treasurer as ex
8 officio custodian and subject to the Comptroller --
9 Treasurer, voucher -- warrant system. The funds shall be
10 expended by the Department for purposes as indicated by the
11 grantor, donor, or, in the case of funds or moneys given or
12 donated for no specific purpose, for any purpose deemed
13 appropriate by the Director in administering the
14 responsibilities of the agency as set forth in the Personnel
15 Code.
16 (Source: P.A. 87-888.)
17 (20 ILCS 405/405-30 new)
18 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
19 Sec. 405-30. Administrative Procedure Act applies.
20 67.20. The provisions of "the Illinois Administrative
21 Procedure Act", as now or hereafter amended, are hereby
22 expressly adopted and incorporated herein as though a part of
23 this Law Act, and shall apply to all administrative rules and
24 procedures of the Department of Central Management Services.
25 (Source: P.A. 82-789.)
26 (20 ILCS 405/405-100 new)
27 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
28 Sec. 405-100. Administration of the Personnel Code. 64.
29 The Department of Central Management Services shall have
30 power to administer the "Personnel Code" enacted by the 69th
31 General Assembly.
32 (Source: P.A. 82-789.)
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1 (20 ILCS 405/405-105 new)
2 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
3 Sec. 405-105. Fidelity, surety, property, and casualty
4 insurance. 64.1. The Department of Central Management
5 Services shall establish and implement a program to
6 coordinate the handling of all fidelity, surety, property,
7 and casualty insurance exposures, of the State and the
8 departments, divisions, agencies, branches, and universities
9 of the State. In performing this responsibility, the
10 Department shall have the power and duty to do the following:
11 (1) (a) Develop and maintain loss and exposure data on
12 all State property.
13 (2) (b) Study the feasibility of establishing a
14 self-insurance plan for State property and prepare estimates
15 of the costs of reinsurance for risks beyond the realistic
16 limits of the self-insurance.
17 (3) (c) Prepare a plan for centralizing the purchase of
18 property and casualty insurance on State property under a
19 master policy or policies, and to purchase the insurance
20 contracted for as provided in the Illinois Purchasing Act.
21 (4) (d) Evaluate existing provisions for fidelity bonds
22 required of State employees and recommend such changes that
23 as are appropriate commensurate with risk experience and the
24 determinations respecting self-insurance or reinsurance so as
25 to permit reduction of costs without loss of coverage.
26 (5) (e) Investigate procedures for inclusion of school
27 districts, public community junior college districts, and
28 other units of local government in programs for the
29 centralized purchase of insurance.
30 (6) (f) Implement such recommendations of the State
31 Property Insurance Study Commission that as the Department
32 finds necessary or desirable in the performance of its powers
33 and duties under this Section to achieve efficient and
34 comprehensive risk management.
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1 (7) (g) Prepare and, in the discretion of the Director
2 of Central Management Services, implement a plan providing
3 for the purchase of public liability insurance or for
4 self-insurance for public liability or for a combination of
5 purchased insurance and self-insurance for public liability
6 (i) (1) covering the State and drivers of motor vehicles
7 owned, leased, or controlled by the State of Illinois
8 pursuant to the provisions and limitations contained in the
9 Illinois Vehicle Code, (ii) (2) covering other public
10 liability exposures of the State and its employees within the
11 scope of their employment, and (iii) (3) covering drivers of
12 motor vehicles not owned, leased, or controlled by the State
13 but used by a State employee on State business, in excess of
14 liability covered by an insurance policy obtained by the
15 owner of the motor vehicle or in excess of the such dollar
16 amounts that as the Department shall determine to be
17 reasonable. Any contract of insurance let under this Law Act
18 subsection
21 (k).
22 The term "employee" as used in this subdivision (7) and
23 in subdivision (11) subsections (g) and (k) means a person
24 while in the employ of the State who is a member of the staff
25 or personnel of a State agency, bureau, board, commission,
26 committee, department, university, or college or who is a
27 State officer, elected official, commissioner, member of or
28 ex officio member of a State agency, bureau, board,
29 commission, committee, department, university, or college, or
30 a member of the National Guard while on active duty pursuant
31 to orders of the Governor of the State of Illinois, or any
32 other person while using a licensed motor vehicle owned,
33 leased, or controlled by the State of Illinois with the
34 authorization of the State of Illinois, provided the actual
HB0236 Engrossed -88- LRB9100031DJcdA
1 use of the motor vehicle thereof is within the scope of that
2 such authorization and within the course of State service.
3 Subsequent to payment of a claim on behalf of an employee
4 pursuant to this Section and after reasonable advance written
5 notice to the employee, the Director may exclude the employee
6 from future coverage or limit the such coverage under the
7 plan if (i) (1) the Director determines that the claim
8 resulted from an incident in which the employee was grossly
9 negligent or had engaged in willful and wanton misconduct; or
10 (ii) (2) the Director determines that the employee is no
11 longer an acceptable risk based on a review of prior
12 accidents in which the employee was at fault and for which
13 payments were made pursuant to this Section.
14 The Director is authorized to promulgate such
15 administrative rules that as may be necessary to establish
16 and administer the plan.
17 Appropriations from the Road Fund shall be used to pay
18 auto liability claims and related expenses involving
19 employees of the Department of Transportation, the Illinois
20 State Police, and the Secretary of State.
21 (8) (h) Charge, collect, and receive from all other
22 agencies of the State government fees or monies equivalent to
23 the cost of purchasing the insurance.
24 (9) (i) (1) Establish, through the Director, charges for
25 risk management services rendered to State agencies by the
26 Department of Central Management Services. The State agencies
27 so charged shall reimburse the Department of Central
28 Management Services by vouchers drawn against their
29 respective appropriations. The reimbursement shall be
30 determined by the Director of Central Management Services as
31 amounts sufficient to reimburse the Department for
32 expenditures incurred in rendering the service.
33 (2) The Department of Central Management Services shall
34 charge the employing State agency or university for workers'
HB0236 Engrossed -89- LRB9100031DJcdA
1 compensation payments for temporary total disability paid to
2 any employee after the employee has received temporary total
3 disability payments for 120 days if the employee's treating
4 physician has issued a release to return to work with
5 restrictions and the employee is able to perform modified
6 duty work but the employing State agency or university does
7 not return the employee to work at modified duty. Modified
8 duty shall be duties assigned that may or may not be
9 delineated as part of the duties regularly performed by the
10 employee. Modified duties shall be assigned within the
11 prescribed restrictions established by the treating physician
12 and the physician who performed the independent medical
13 examination. The amount of all reimbursements shall be
14 deposited into the Workers' Compensation Revolving Fund which
15 is hereby created as a special fund in the State treasury.
16 Moneys in the Fund shall be used, subject to appropriation,
17 to pay these or other temporary total disability claims of
18 employees of State agencies and universities.
19 (3) Beginning with fiscal year 1996, all amounts
20 recovered by the Department through subrogation in workers'
21 compensation and workers' occupational disease cases shall be
22 deposited into the Workers' Compensation Revolving Fund
23 created under this subdivision (9) (i)(2).
24 (10) (j) Establish rules, procedures, and forms to be
25 used by State agencies in the administration and payment of
26 workers' compensation claims. The Department shall initially
27 evaluate and determine the compensability of any injury that
28 which is the subject of a workers' compensation claim and
29 provide for the administration and payment of such a claim
30 for all State agencies. The Director may delegate to any
31 agency with the agreement of the agency head the
32 responsibility for evaluation, administration, and payment of
33 that agency's claims.
34 (11) (k) Any plan for public liability self-insurance
HB0236 Engrossed -90- LRB9100031DJcdA
1 implemented under this Section shall provide that (i) (1) the
2 Department of Central Management Services shall attempt to
3 settle and may settle any public liability claim filed
4 against the State of Illinois or any public liability claim
5 filed against a State employee on the basis of an occurrence
6 in the course of the employee's his State employment; (ii)
7 (2) any settlement of such a claim must be approved by the
8 Director of Central Management Services and, in cases of
9 settlements exceeding $100,000, by the Governor; and (iii)
10 (3) a settlement of any public liability claim against the
11 State or a State employee shall require an unqualified
12 release of any right of action against the State and the
13 employee for acts within the scope of the employee's
14 employment giving rise to the claim.
15 Whenever and to the extent that a State employee operates
16 a motor vehicle or engages in other activity covered by
17 self-insurance under this Section, the State of Illinois
18 shall defend, indemnify, and hold harmless the employee
19 against any claim in tort filed against the employee for acts
20 or omissions within the scope of the employee's his
21 employment in any proper judicial forum and not settled
22 pursuant to this subdivision (11) subsection, provided that
23 this obligation of the State of Illinois shall not exceed a
24 maximum liability of $2,000,000 for any single occurrence in
25 connection with the operation of a motor vehicle or $100,000
26 per person per occurrence for any other single occurrence, or
27 $500,000 for any single occurrence in connection with the
28 provision of medical care by a licensed physician employee.
29 Any claims against the State of Illinois under a
30 self-insurance plan that which are not settled pursuant to
31 this subdivision (11) subsection shall be heard and
32 determined by the Court of Claims, and may not be filed or
33 adjudicated in any other forum. The Attorney General of the
34 State of Illinois or the Attorney General's his designee
HB0236 Engrossed -91- LRB9100031DJcdA
1 shall be the attorney with respect to all public liability
2 self-insurance claims that which are not settled pursuant to
3 this subdivision (11) subsection and therefore result in
4 litigation. The payment of any award of the Court of Claims
5 entered against the State relating to any public liability
6 self-insurance claim shall act as a release against any State
7 employee involved in the occurrence.
8 (12) (l) Administer a plan the purpose of which is to
9 make payments on final settlements or final judgments in
10 accordance with the State Employee Indemnification Act. The
11 plan shall be funded through appropriations from the General
12 Revenue Fund specifically designated for that purpose, except
13 that indemnification expenses for employees of the Department
14 of Transportation, the Illinois State Police, and the
15 Secretary of State shall be paid from the Road Fund. The
16 term "employee" as used in this subdivision (12) has
17 subsection shall have the same meaning as under subsection
18 (b) of Section 1 of the State Employee Indemnification Act.
19 Subject to sufficient appropriation, the Director of Central
20 Management Services shall approve payment of any claim
21 presented to the Director him that is supported by a final
22 settlement or final judgment when the Attorney General and
23 the chief officer of the public body against whose employee
24 the claim or cause of action is asserted certify to the
25 Director him that the claim is in accordance with the State
26 Employee Indemnification Act, and that they approve of the
27 payment. In no event shall an amount in excess of $150,000
28 be paid from this plan to or for the benefit of any claimant.
29 (13) (m) Administer a plan the purpose of which is to
30 make payments on final settlements or final judgments for
31 employee wage claims in situations where there was an
32 appropriation relevant to the wage claim, and the fiscal year
33 and lapse period have expired, and that sufficient funds were
34 available to pay the such claim. The plan shall be funded
HB0236 Engrossed -92- LRB9100031DJcdA
1 through appropriations from the General Revenue Fund
2 specifically designated for that purpose.
3 Subject to sufficient appropriation, the Director of
4 Central Management Services is authorized to pay any wage
5 claim presented to the Director him that is supported by a
6 final settlement or final judgment when the chief officer of
7 the State agency employing the claimant certifies to the
8 Director him that the claim is a valid wage claim and that
9 the fiscal year and lapse period have expired. Payment for
10 claims that are properly submitted and certified as valid by
11 the Director of Central Management Services shall include
12 interest accrued at the rate of 7% per annum from the
13 forty-fifth day after the claims are received by the
14 Department of Central Management Services or 45 days from the
15 date on which the amount of payment is agreed upon, whichever
16 is later, until the date the claims are submitted to the
17 Comptroller for payment. When the Attorney General has filed
18 an appearance in any proceeding concerning a wage claim
19 settlement or judgment, the Attorney General shall certify to
20 the Director of Central Management Services that the wage
21 claim is valid before any payment is made. In no event shall
22 an amount in excess of $150,000 be paid from this plan to or
23 for the benefit of any claimant.
24 Nothing in Public Act 84-961 this Amendatory Act of 1985
25 shall be construed to affect in any manner the jurisdiction
26 of the Court of Claims concerning wage claims made against
27 the State of Illinois.
28 (14) (n) Prepare and, in the discretion of the Director
29 of Central Management Services, implement a program for
30 self-insurance for official fidelity and surety bonds for
31 officers and employees as authorized by the Official Bond
32 Act.
33 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
34 89-626, eff. 8-9-96.)
HB0236 Engrossed -93- LRB9100031DJcdA
1 (20 ILCS 405/405-110 new)
2 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
3 Sec. 405-110. Federal tax-exempt benefits in lieu of
4 salary or wages. 64.2.
5 (a) The Department of Central Management Services may, at
6 the Director's discretion, establish and implement or approve
7 plans whereby State employees and officers, including those
8 of State universities and colleges, may enter into agreements
9 with their employer to elect to receive, in lieu of salary or
10 wages, benefits that which are not taxable under the federal
11 Internal Revenue Code. These Such agreements may include the
12 acceptance of a reduction in earnings or the foregoing of an
13 increase in earnings by an employee and the employer's
14 payment of those such amounts as employer contributions for
15 benefits that which the employee selects from a list of
16 employee benefits offered by the employer.
17 (b) Prior to the establishment of such a plan, the
18 Director shall seek the advice of interested State agencies
19 regarding the content and implementation of the plan.
20 (c) Selection of plan offerings shall not be subject to
21 the Illinois Purchasing Act.
22 (d) Benefits selected by employees shall be included in
23 gross income for determination of pension base.
24 (Source: P.A. 84-167.)
25 (20 ILCS 405/405-115 new)
26 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
27 Sec. 405-115. State agency employees child care
28 services. 64.3. The Department of Central Management
29 Services shall administer the "State Agency Employees Child
30 Care Services Act", enacted by the 84th General Assembly.
31 (Source: P.A. 84-1308.)
32 (20 ILCS 405/405-120 new)
HB0236 Engrossed -94- LRB9100031DJcdA
1 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
2 Sec. 405-120. Hispanic and bilingual employees. 67.29.
3 The Department shall develop and implement plans to increase
4 the number of Hispanics employed by State government and the
5 number of bilingual persons employed in State government at
6 supervisory, technical, professional, and managerial levels.
7 (Source: P.A. 85-301.)
8 (20 ILCS 405/405-125 new)
9 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
10 Sec. 405-125. State agency affirmative action and equal
11 employment opportunity goals. 67.31. The Department shall
12 assist State agencies required to establish preparation and
13 promotion training programs under subsection (H) of Section
14 7-105 of the Illinois Human Rights Act for failure to meet
15 their affirmative action and equal employment opportunity
16 goals. The Department shall survey State agencies to
17 identify effective existing training programs and shall serve
18 as a resource to other State agencies. The Department shall
19 assist agencies in the development and modification of
20 training programs to enable them to meet their affirmative
21 action and equal employment opportunity goals and shall
22 provide information regarding other existing training and
23 educational resources, such as the Upward Mobility Program,
24 the Illinois Institute for Training and Development, and the
25 Central Management Services Training Center.
26 (Source: P.A. 86-1411; 86-1475.)
27 (20 ILCS 405/405-130 new)
28 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
29 Sec. 405-130. State employees and retirees suggestion
30 award program. 67.28.
31 (a) The Department shall assist in the implementation of
32 a State Employees and Retirees Suggestion Award Program, to
HB0236 Engrossed -95- LRB9100031DJcdA
1 be administered by the Board created in subsection (b). The
2 program shall encourage and reward improvements in the
3 operation of State government that which result in
4 substantial monetary savings. Any State employee, including
5 management personnel as defined by the Department, any
6 annuitant under Article 14 of the Illinois Pension Code and
7 any annuitant under Article 15 of that Code who receives a
8 retirement or disability retirement annuity, but not
9 including elected officials and departmental directors, may
10 submit a cost-saving suggestion to the Board, which shall
11 direct the suggestion to the appropriate department or agency
12 without disclosing the identity of the suggester. A
13 suggester may make a suggestion or include documentation on
14 matters a department or agency considers confidential, except
15 where prohibited by federal or State law; and no disciplinary
16 or other negative action may be taken against the suggester
17 unless there is a violation of federal or State law.
18 Suggestions, including documentation, upon receipt, shall
19 be given confidential treatment and shall not be subject to
20 subpoena or nor be made public until the agency affected by
21 it has had the opportunity to request continued
22 confidentiality. The agency, if it requests continued
23 confidentiality, shall attest that disclosure would violate
24 federal or State law or rules and regulations pursuant to
25 federal or State law thereto or is a matter covered under
26 Section 7 of the Freedom of Information Act. The Board shall
27 make its decision on continued confidentiality and, if it so
28 classifies the suggestion, shall notify the suggester and
29 agency. A suggestion classified "continued confidential"
30 shall nevertheless be evaluated and considered for award. A
31 suggestion that which the Board finds or the suggester states
32 or implies constitutes a disclosure of information that which
33 such classification shall be closed meetings.
12 The Board may at its discretion make awards for those
13 suggestions certified by agency or department heads as
14 resulting in savings to the State of Illinois. Management
15 personnel shall be recognized for their suggestions as the
16 Board considers appropriate, but shall not receive any
17 monetary award. Annuitants and employees, other than
18 employees who are management personnel, shall receive awards
19 in accordance with the schedule below. Each award to
20 employees other than management personnel and awards to
21 annuitants shall be paid in one lump sum by the Board created
22 in subsection (b). A monetary award may be increased by
23 appropriation of the General Assembly.
24 The amount of each award to employees other than
25 management personnel and the award to annuitants shall be
26 determined as follows:
27 $1.00 to $5,000 savings..................... an amount not
28 to exceed
29 $500.00 or a
30 certificate
31 of merit, or
32 both, as
33 determined
34 by the Board
HB0236 Engrossed -97- LRB9100031DJcdA
1 more than $5,000 up to $20,000 savings...... $500 award
2 more than $20,000 up to $100,000 savings.... $1,000 award
3 more than $100,000 up to $200,000 savings... $2,000 award
4 more than $200,000 up to $300,000 savings... $3,000 award
5 more than $300,000 up to $400,000 savings... $4,000 award
6 more than $400,000.......................... $5,000 award
7 (b) There is created a State Employees and Retirees
8 Suggestion Award Board to administer the program described in
9 subsection (a). The Board shall consist of 8 members
10 appointed 2 each by the President of the Senate, the and
11 Minority Leader of the Senate, the Speaker of the House of
12 Representatives, and the Minority Leader of the House of
13 Representatives and, as ex-officio, non-voting members, the
14 directors of the Bureau of the Budget and the Department of
15 Central Management Services. Each appointing authority shall
16 designate one initial appointee to serve one year and one
17 initial appointee to serve 2 years; subsequent terms shall be
18 2 years. Any vacancies shall be filled for the unexpired
19 term by the original appointing authority and any member may
20 be reappointed. Board members shall serve without
21 compensation but may be reimbursed for expenses incurred in
22 the performance of their duties. The Board shall annually
23 elect a chairman from among its number, shall meet monthly or
24 more frequently at the call of the chairman, and shall
25 establish necessary procedures, guidelines, and criteria for
26 the administration of the program. The Board shall annually
27 report to the General Assembly by January 1 on the operation
28 of the program, including the nature and cost-savings of
29 implemented suggestions, and any recommendations for
30 legislative changes it deems appropriate. The General
31 Assembly shall make an annual appropriation to the Board for
32 payment of awards and the expenses of the Board, such as, but
33 not limited to: travel of the members, preparation of
34 publicity material, printing of forms and other matter, and
HB0236 Engrossed -98- LRB9100031DJcdA
1 contractual expenses.
2 (Source: P.A. 86-1019; 86-1027; 87-1009.)
3 (20 ILCS 405/405-190 new)
4 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
5 Sec. 405-190. Reduced rates and fares for State employee
6 travel. 67.27. To negotiate with vendors to establish reduced
7 rates and fares applicable for transportation and lodging for
8 State employees traveling on official business, and to
9 publish a directory or listing of those such fares and rates.
10 The publication shall be made available to all State agencies
11 in sufficient quantities to maximize utilization of the
12 reduced rates and fares.
13 (Source: P.A. 84-346.)
14 (20 ILCS 405/405-200 new)
15 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
16 Sec. 405-200. Department's responsibility, generally.
17 67. The Department of Central Management Services is
18 responsible for certain State properties, acquisitions, and
19 services. In performing this responsibility the Department
20 has the powers and duties set forth in the Sections following
21 this Section (except Sections 405-220, 405-245, 405-250,
22 405-255, and 405-260) and in Sections 405-25, 405-30,
23 405-120, 405-125, and 405-130 67.01 through 67.40.
24 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
25 (20 ILCS 405/405-210 new)
26 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
27 Sec. 405-210. State Property Control Act. 67.21. To
28 administer the State Property Control Act.
29 (Source: P.A. 76-2028.)
30 (20 ILCS 405/405-215 new)
HB0236 Engrossed -99- LRB9100031DJcdA
1 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
2 Sec. 405-215. Proper utilization of State property.
3 67.22. To require proper utilization of State property.
4 (Source: P.A. 76-2028.)
5 (20 ILCS 405/405-220 new)
6 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
7 Sec. 405-220. Inventorying State property. 35.9. The
8 Department shall establish regulations for inventorying of
9 property owned or controlled by the State.
10 (Source: P.A. 82-783.)
11 (20 ILCS 405/405-225 new)
12 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
13 Sec. 405-225. Office supply stockrooms. 67.09. To
14 establish and operate office supply stockrooms where it finds
15 that the office supply needs of more than one agency may be
16 more efficiently or economically served by centralized State
17 distribution and, when those such stockrooms are established,
18 to prescribe the items to be stocked in and the geographical
19 area to be served by the stockrooms. The Department shall
20 purchase stocks of supplies from the Office Supplies
21 Revolving Fund in accordance with the rules and regulations
22 of the Department of Central Management Services, be
23 responsible for the receipt, care, and custody of the such
24 supplies, and keep detailed records thereof. The Department
25 shall bill the State agency receiving materials withdrawn
26 from stock as they are withdrawn.
27 (Source: P.A. 82-789.)
28 (20 ILCS 405/405-230 new)
29 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
30 Sec. 405-230. Forms Notice Act. 67.23. To administer the
31 provisions of the Forms Notice Act.
HB0236 Engrossed -100- LRB9100031DJcdA
1 (Source: P.A. 90-655, eff. 7-30-98.)
2 (20 ILCS 405/405-240 new)
3 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
4 Sec. 405-240. Information concerning the State. 67.05.
5 To publish, from time to time, for the information of the
6 several departments and of the general public, bulletins of
7 the work of the government; to collect, compile, and
8 disseminate information and literature concerning the
9 industrial, agricultural, and recreational facilities and
10 advantages, the historic and scenic places of interest, and
11 the transportation and highway facilities of Illinois; to
12 encourage and coordinate the efforts of other public and
13 private organizations or groups of citizens to publicize the
14 facilities and attractions of Illinois; and to use or, employ
15 or to contract for the use or employment of whatever
16 advertising medium it may deem necessary to effectuate the
17 purposes herein provided in this Section.
18 (Source: Laws 1967, p. 2788.)
19 (20 ILCS 405/405-250 new)
20 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
21 Sec. 405-250. Statistical services; use of electronic
22 data processing equipment. 35.7a. The Department may make
23 statistical services and the use of electronic data
24 processing equipment, including necessary telecommunications
25 lines and equipment, available to local governments, elected
26 State officials, State educational institutions, and all
27 other governmental units of the State requesting them. The
28 Director is empowered to establish prices and charges for the
29 statistical services so furnished and for the use of the
30 electronic data processing equipment and necessary
31 telecommunications lines and equipment. The Such prices and
32 charges shall be sufficient to reimburse the cost of
HB0236 Engrossed -101- LRB9100031DJcdA
1 furnishing the such services and use of equipment and lines.
2 (Source: P.A. 83-1332.)
3 (20 ILCS 405/405-255 new)
4 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
5 Sec. 405-255. Division of Management Information. 35.8.
6 The Department, through its Division of Management
7 Information, may make statistical services and the use of
8 electronic data processing equipment available to local
9 governments, elected State officials, State educational
10 institutions, and all other governmental units of the State
11 requesting them. The Director is empowered to establish
12 prices and charges for the statistical services so furnished
13 and for the use of the electronic data processing equipment.
14 The Such prices and charges shall be sufficient to reimburse
15 the cost of furnishing the such services and use of
16 equipment.
17 (Source: Laws 1967, p. 2655.)
18 (20 ILCS 405/405-260 new)
19 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
20 Sec. 405-260. Standards for management information
21 systems. 35.7c. The Department may establish statistical and
22 protocol standards to provide consistency in the operation
23 and use of management information systems.
24 (Source: P.A. 87-817.)
25 (20 ILCS 405/405-265 new)
26 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
27 Sec. 405-265. Plan to coordinate or centralize
28 communications among State offices. 67.08. To develop and
29 implement a comprehensive plan to coordinate or centralize
30 communications among State offices at different locations.
31 The plan shall be updated based on a continuing study of
HB0236 Engrossed -102- LRB9100031DJcdA
1 communications problems of State government and shall include
2 but not be limited to telephone, teletypewriter use in
3 computer operations, the use of voice, data, and video
4 communications systems, and any other form of communications
5 system that which may be applicable. The plan shall take
6 into consideration systems that which might effect economies,
7 including but not limited to quantity discount services and,
8 the use of a common switchboard or Centrex installation for
9 State agencies for cities, regions of the State, or the
10 entire State, and may include provision of telecommunications
11 service to local and federal government entities located
12 within this State if State interests can be served by so
13 doing.
14 (Source: P.A. 84-961.)
15 (20 ILCS 405/405-270 new)
16 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
17 Sec. 405-270. Telecommunications services. 67.18. To
18 provide for and co-ordinate telecommunications services for
19 State agencies and, when requested and when in the best
20 interests of the State, for units of federal or local
21 governments, and public and not-for-profit institutions of
22 primary, secondary, and higher education. The Department may
23 make use of its satellite uplink available to interested
24 parties not associated with State government provided that
25 State government usage shall have first priority. For this
26 purpose the Department shall have the power and duty to do
27 all of the following:
28 (1) (a) Provide for and control the procurement,
29 retention, installation, and maintenance of
30 telecommunications equipment or services used by State
31 agencies in the interest of efficiency and economy.;
32 (2) (b) Establish standards by January 1, 1989 for
33 communications services for State agencies which shall
HB0236 Engrossed -103- LRB9100031DJcdA
1 include a minimum of one telecommunication device for the
2 deaf installed and operational within each State agency,
3 to provide public access to agency information for those
4 persons who are hearing or speech impaired. The
5 Department shall consult the Department of Human Services
6 to develop standards and implementation for this such
7 equipment.;
8 (3) (c) Establish charges (i) for communication
9 services for State agencies and, when requested, for
10 units of federal or local government and, public and
11 not-for-profit institutions of primary, secondary, or
12 higher education, and (ii) for use of the Department's
13 satellite uplink by parties not associated with State
14 government. Entities charged for these such services
15 shall reimburse the Department of Central Management
16 Services by vouchers drawn against their respective
17 appropriations for telecommunications services.;
18 (4) (d) Instruct all State agencies to report their
19 usage of telecommunication services regularly to the
20 Department in the such manner as the Director may
21 prescribe.;
22 (5) (e) Analyze the present and future aims and
23 needs of all State agencies in the area of
24 telecommunications services and plan to serve those such
25 aims and needs in the most effective and efficient manner
26 .; and
27 (6) (f) Establish the such administrative
28 organization within the Department that as is required to
29 accomplish the purpose of this Section.
30 The Department of Central Management Services is
31 authorized to conduct a study for the purpose of determining
32 technical, engineering, and management specifications for the
33 networking, compatible connection, or shared use of existing
34 and future public and private owned television broadcast and
HB0236 Engrossed -104- LRB9100031DJcdA
1 reception facilities, including but not limited to
2 terrestrial microwave, fiber optic, and satellite, for
3 broadcast and reception of educational, governmental, and
4 business programs, and to implement those specifications.
5 However, the Department may not control or interfere with
6 the input of content into the telecommunications systems by
7 the several State agencies or units of federal or local
8 government, or public or not-for-profit institutions of
9 primary, secondary, and higher education, or users of the
10 Department's satellite uplink.
11 As used in this Section, the term "State agencies" means
12 all departments, officers, commissions, boards, institutions,
13 and bodies politic and corporate of the State except the
14 General Assembly, legislative service agencies, and all
15 officers of the General Assembly.
16 (Source: P.A. 89-507, eff. 7-1-97.)
17 (20 ILCS 405/405-275 new)
18 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
19 Sec. 405-275. Grants for distance learning services.
20 67.33. To award grants to public community colleges and
21 education service centers for development and implementation
22 of telecommunications systems that provide distance learning
23 services.
24 (Source: P.A. 87-583; 87-895.)
25 (20 ILCS 405/405-280 new)
26 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
27 Sec. 405-280. State garages; passenger cars. 67.15. To
28 supervise and administer all State garages used for the
29 repair, maintenance, or servicing of State-owned motor
30 vehicles except those operated by any State college or
31 university or by the Illinois Mathematics and Science
32 Academy; and to acquire, maintain, and administer the
HB0236 Engrossed -105- LRB9100031DJcdA
1 operation of the passenger cars reasonably necessary to the
2 operations of the executive department of the State
3 government. To this end, the Department of Central
4 Management Services shall adopt regulations setting forth
5 guidelines for the acquisition, use, maintenance, and
6 replacement of motor vehicles, including the use of ethanol
7 blended gasoline whenever feasible, used by the executive
8 department of State government; and shall occupy the space
9 and take possession of the personnel, facilities, equipment,
10 tools, and vehicles that which are in the possession or under
11 the administration of the former Department of Administrative
12 Services for these purposes on July 13, 1982 (the effective
13 date of Public Act 82-789); this amendatory Act of 1982 and
14 shall, from time to time, acquire any such further,
15 additional, and replacement facilities, space, tools, and
16 vehicles that as are reasonably necessary for the purposes
17 described in this Section.
18 (Source: P.A. 86-109; 87-373.)
19 (20 ILCS 405/405-285 new)
20 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
21 Sec. 405-285. Fees for maintaining motor vehicles. 67.16.
22 such other agencies under Section 405-280 67.15 of
26 this Act. All contracts let under the provisions of this Law
27 Act shall be awarded in accordance with the applicable
28 requirements of the Illinois Purchasing Act.
29 (Source: P.A. 80-161.)
30 (20 ILCS 405/405-290 new)
31 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
32 Sec. 405-290. Retread replacement tires on State owned
HB0236 Engrossed -106- LRB9100031DJcdA
1 vehicles. 67.32. The Department shall develop and implement
2 a program to use retreads as replacement tires on State owned
3 vehicles wherever possible.
4 (Source: P.A. 87-476.)
5 (20 ILCS 405/405-295 new)
6 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
7 Sec. 405-295. Decreased energy consumption. 67.30. The
8 Department of Central Management Services may enter into
9 contracts for equipment or services designed to decrease
10 energy consumption in State programs and, State owned or
11 controlled buildings, or equipment. Prior to entering into
12 any such contract for a State owned building, the Department
13 shall consult with the Executive Director of the Capital
14 Development Board. The Department may consult with the
15 Department of Commerce and Community Affairs regarding any
16 aspect of energy consumption projects.
17 (Source: P.A. 89-445, eff. 2-7-96.)
18 (20 ILCS 405/405-300 new)
19 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
20 Sec. 405-300. Lease or purchase of facilities; training
21 programs. 67.02.
22 (a) To lease or purchase office and storage space,
23 buildings, land, and other facilities for all State agencies,
24 authorities, boards, commissions, departments, institutions,
25 and bodies politic and all other administrative units or
26 outgrowths of the executive branch of State government except
27 the Constitutional officers, the State Board of Education and
28 the State colleges and universities and their governing
29 bodies. However, before leasing or purchasing any office or
30 storage space, buildings, land or other facilities in any
31 municipality the Department shall survey the existing
32 State-owned and State-leased property to make a determination
HB0236 Engrossed -107- LRB9100031DJcdA
1 of need.
2 The such leases shall be for a term not to exceed 5
3 years, except that the such leases may contain a renewal
4 clause subject to acceptance by the State after that date or
5 an option to purchase. The Such purchases shall be made
6 through contracts that (i) which may provide for the title to
7 the property to transfer immediately to the State or a
8 trustee or nominee for the benefit of the State, (ii) and
9 which shall: provide for the consideration to be paid in
10 installments to be made at stated intervals during a certain
11 term not to exceed 30 years from the date of the contract,
12 and (iii) may provide for the payment of interest on the
13 unpaid balance at a rate that does not exceed a rate
14 determined by adding 3 percentage points to the annual yield
15 on United States Treasury obligations of comparable maturity
16 as most recently published in the Wall Street Journal at the
17 time such contract is signed. The Such leases and purchase
18 contracts shall be and shall recite that they are subject to
19 termination and cancellation in any year for which the
20 General Assembly fails to make an appropriation to pay the
21 rent or purchase installments payable under the terms of the
22 lease or purchase contract. Additionally, the such purchase
23 contract shall specify that title to the office and storage
24 space, buildings, land, and other facilities being acquired
25 under the such a contract shall revert to the Seller in the
26 event of the failure of the General Assembly to appropriate
27 suitable funds. However, this limitation on the term of the
28 such leases does not apply to leases to and with the
29 Illinois Building Authority, as provided for in the Act
30 enacted by the Seventy-second General Assembly entitled the
31 Building Authority Act., which Leases to and with that said
32 Authority may be entered into for a term not to exceed 30
33 years and shall be and shall recite that they are subject to
34 termination and cancellation in any year for which the
HB0236 Engrossed -108- LRB9100031DJcdA
1 General Assembly fails to make an appropriation to pay the
2 rent payable under the terms of the such lease. These
3 limitations do not apply if where the lease or purchase
4 contract contains a provision limiting the liability for the
5 payment of the rentals or installments thereof solely to
6 funds received from the Federal government.
7 (b) To lease from an airport authority office, aircraft
8 hangar, and service buildings constructed upon a public
9 airport under the Airport Authorities Act for the use and
10 occupancy of the State Department of Transportation. The,
11 which lease may be entered into for a term not to exceed 30
12 years.
13 (c) To establish training programs for teaching State
14 leasing procedures and practices to new employees of the
15 Department and to keep all employees of the Department
16 informed about current leasing practices and developments in
17 the real estate industry.
18 (d) To enter into an agreement with a municipality or
19 county to construct, remodel, or convert a structure for the
20 purposes of its serving as a correctional institution or
21 facility pursuant to paragraph (c) of Section 3-2-2 of the
22 Unified Code of Corrections.
23 (e) To enter into an agreement with a private
24 individual, trust, partnership, or corporation or a
25 municipality or other unit of local government, when
26 authorized to do so by the Department of Corrections, whereby
27 that such individual, trust, partnership, or corporation or
28 municipality or other unit of local government will
29 construct, remodel, or convert a structure for the purposes
30 of its serving as a correctional institution or facility and
31 then lease the such structure to the Department for the use
32 of the Department of Corrections. A lease entered into
33 pursuant to the authority granted in this subsection shall be
34 for a term not to exceed 30 years, but may grant to the State
HB0236 Engrossed -109- LRB9100031DJcdA
1 the option to purchase the structure outright.
2 The Such leases shall be and shall recite that they are
3 subject to termination and cancellation in any year for which
4 the General Assembly fails to make an appropriation to pay
5 the rent payable under the terms of the lease.
6 (f) On and after September 17, 1983, the powers granted
7 to the Department under this Section shall be exercised
8 exclusively by the Department, and no other State agency may
9 concurrently exercise any such power, unless specifically
10 authorized otherwise by a later enacted law. This subsection
11 is not intended to impair any contract existing as of
12 September 17, 1983.
13 However, no lease for more than 10,000 square feet of
14 space shall be executed unless the Director, in consultation
15 with the Executive Director of the Capital Development Board,
16 has certified that leasing is in the best interest of the
17 State, considering programmatic requirements, availability of
18 vacant State-owned space, the cost-benefits of purchasing or
19 constructing new space, and other criteria as he or she shall
20 determine. The Director shall not permit multiple leases for
21 less than 10,000 square feet to be executed in order to evade
22 this provision.
23 (g) To develop and implement, in cooperation with the
24 Interagency Energy Conservation Committee, a system for
25 evaluating energy consumption in facilities leased by the
26 Department, and to develop energy consumption standards for
27 use in evaluating prospective lease sites.
28 (h) (1) After June 1, 1998 (the effective date of Public
29 this amendatory Act 90-520) of 1997, the Department
30 shall not enter into an agreement for the installment
31 purchase or lease purchase of buildings, land, or
32 facilities unless:
33 (A) the using agency certifies to the
34 Department that the agency reasonably expects that
HB0236 Engrossed -110- LRB9100031DJcdA
1 the building, land, or facilities being considered
2 for purchase will meet a permanent space need;
3 (B) the building or facilities will be
4 substantially occupied by State agencies after
5 purchase (or after acceptance in the case of a build
6 to suit);
7 (C) the building or facilities shall be in new
8 or like new condition and have a remaining economic
9 life exceeding the term of the contract;
10 (D) no structural or other major building
11 component or system has shall have a remaining
12 economic life of less than 10 years;
13 (E) the building, land, or facilities:
14 (i) is free of any identifiable
15 environmental hazard, or
16 (ii) is subject to a management plan,
17 provided by the seller and acceptable to the
18 State, to address the known environmental
19 hazard;
20 (F) the building, land, or facilities satisfy
21 applicable handicap accessibility and applicable
22 building codes; and
23 (G) the State's cost to lease purchase or
24 installment purchase the building, land, or
25 facilities is less than the cost to lease space of
26 comparable quality, size, and location over the
27 lease purchase or installment purchase term.
28 (2) The Department shall establish the methodology
29 for comparing lease costs to the costs of installment or
30 lease purchases. The cost comparison shall take into
31 account all relevant cost factors, including, but not
32 limited to, debt service, operating and maintenance
33 costs, insurance and risk costs, real estate taxes,
34 reserves for replacement and repairs, security costs, and
HB0236 Engrossed -111- LRB9100031DJcdA
1 utilities. The Such methodology shall also provide:
2 (A) that the comparison will be made using
3 level payment plans; and
4 (B) that a purchase price must not exceed the
5 fair market value of the buildings, land, or
6 facilities, and that the purchase such price must be
7 substantiated by an appraisal or by a competitive
8 selection process.
9 (3) If the Department intends to enter into an
10 installment purchase or lease purchase agreement for
11 buildings, land, or facilities under circumstances that
12 do not satisfy the conditions specified by this Section,
13 it must issue a notice to the Secretary of the Senate and
14 the Clerk of the House. The Such notice shall contain
15 (i) specific details of the State's proposed purchase,
16 including the amounts, purposes, and financing terms;
17 (ii) a specific description of how the proposed purchase
18 varies from the procedures set forth in this Section; and
19 (iii) a specific justification, signed by the Director,
20 stating of why it is in the State's best interests to
21 proceed with the purchase. The Department may not
22 proceed with such an installment purchase or lease
23 purchase agreement if, within 60 calendar days after
24 delivery of the notice, the General Assembly, by joint
25 resolution, disapproves the transaction. Delivery may
26 take place on a day and at an hour when the Senate and
27 House are not in session so long as the offices of
28 Secretary and Clerk are open to receive the notice. In
29 determining the 60-day 60 day period within which the
30 General Assembly must act, the day on which delivery is
31 made to the Senate and House shall not be counted. If
32 delivery of the notice to the 2 houses occurs on
33 different days, the 60-day 60 day period shall begin on
34 the day following the later delivery.
HB0236 Engrossed -112- LRB9100031DJcdA
1 (4) On or before February 15 of each year, the
2 Department shall submit an annual report to the Director
3 of the Bureau of the Budget and the General Assembly
4 regarding installment purchases or lease purchases of
5 buildings, land, or facilities that were entered into
6 during the preceding calendar year. The report shall
7 include a summary statement of the aggregate amount of
8 the State's obligations under those such purchases;
9 specific details pertaining to each purchase, including
10 the amounts, purposes, and financing terms and payment
11 schedule for each purchase; and any other matter that the
12 Department deems advisable.
13 The requirement for reporting to the General
14 Assembly shall be satisfied by filing copies of the
15 report with the Auditor General, the Speaker, the
16 Minority Leader, and the Clerk of the House of
17 Representatives and the President, the Minority Leader,
18 and the Secretary of the Senate, the Chairs of the
19 Appropriations Committees, and the Legislative Research
20 Unit, as required by Section 3.1 of the General Assembly
21 Organization Act, and filing such additional copies with
22 the State Government Report Distribution Center for the
23 General Assembly as is required under paragraph (t) of
24 Section 7 of the State Library Act.
25 (Source: P.A. 90-520, eff. 6-1-98.)
26 (20 ILCS 405/405-305 new)
27 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
28 Sec. 405-305. Lease of unused or unproductive State
29 land. 67.06. To lease the unused or unproductive land under
30 the jurisdiction of any of the several departments on such
31 terms and conditions that as in the judgment of the Director
32 are in the best interests of the State.
33 (Source: Laws 1967, p. 2788.)
HB0236 Engrossed -113- LRB9100031DJcdA
1 (20 ILCS 405/405-310 new)
2 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
3 Sec. 405-310. Transfer of realty. 67.07. To transfer any
4 realty under the jurisdiction of the Department to any other
5 State agency and to accept a transfer of realty from the
6 federal government.
7 (Source: Laws 1967, p. 2788.)
8 (20 ILCS 405/405-315 new)
9 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
10 Sec. 405-315. Management of State buildings; security
11 force; fees. 67.24.
12 (a) To manage, operate, maintain, and preserve from
13 waste the State buildings listed below. The Department may
14 rent portions of these and other State buildings when in the
15 judgment of the Director those such leases will be in the
16 best interests of the State. The Such leases shall not
17 exceed 5 five years unless a greater term is specifically
18 authorized.
19 a. Peoria Regional Office Building
20 5415 North University
21 Peoria, Illinois 61614
22 b. Springfield Regional Office Building
23 4500 South 6th Street
24 Springfield, Illinois 62703
25 c. Champaign Regional Office Building
26 2125 South 1st Street
27 Champaign, Illinois 61820
28 d. Illinois State Armory Building
29 124 East Adams
30 Springfield, Illinois 62706
31 e. Marion Regional Office Building
32 2209 West Main Street
33 Marion, Illinois 62959
HB0236 Engrossed -114- LRB9100031DJcdA
1 f. Kenneth Hall Regional State Office
2 Building
3 #10 Collinsville Avenue
4 East St. Louis, Illinois 62201
5 g. Rockford Regional Office Building
6 4402 North Main Street
7 P.O. Box 915
8 Rockford, Illinois 61105
9 h. State of Illinois Building
10 160 North LaSalle
11 Chicago, Illinois 60601
12 i. Office and Laboratory Building
13 2121 West Taylor Street
14 Chicago, Illinois 60602
15 j. Central Computer Facility
16 201 West Adams
17 Springfield, Illinois 62706
18 k. Elgin Office Building
19 595 South State Street
20 Elgin, Illinois 60120
21 l. James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and
23 LaSalle Streets
24 Chicago, Illinois
25 m. The following buildings located within the Chicago
26 Medical Center District:
27 1. Lawndale Day Care Center
28 2929 West 19th Street
29 2. Edwards Center
30 2020 Roosevelt Road
31 3. Illinois Center for
32 Rehabilitation and Education
33 1950 West Roosevelt Road and 1151 South Wood Street
34 4. Department of Children and
HB0236 Engrossed -115- LRB9100031DJcdA
1 Family Services District Office
2 1026 South Damen
3 5. The William Heally School
4 1731 West Taylor
5 6. Administrative Office Building
6 1100 South Paulina Street
7 7. Metro Children and Adolescents Center
8 1601 West Taylor Street
9 n. E.J. "Zeke" Giorgi Center
10 200 Wyman Street
11 Rockford, Illinois
12 o. Suburban North Facility
13 9511 Harrison
14 Des Plaines, Illinois
15 p. The following buildings located within the Revenue
16 Center in Springfield:
17 1. State Property Control Warehouse
18 11th & Ash
19 2. Illinois State Museum Research & Collections
20 Center
21 1011 East Ash Street
22 q. Effingham Regional Office Building
23 401 Industrial Drive
24 Effingham, Illinois
25 r. Portions or all of the basement and
26 ground floor of the
27 State of Illinois Building
28 160 North LaSalle
29 Chicago, Illinois 60601
30 may be leased to persons, firms, partnerships, associations,
31 or individuals for terms not to exceed 15 years when in the
32 judgment of the Director those such leases will be in the
33 best interests of the State.
34 Portions or all of the commercial space, which includes
HB0236 Engrossed -116- LRB9100031DJcdA
1 the sub-basement, storage mezzanine, concourse, and ground
2 and second floors of the
3 James R. Thompson Center
4 Bounded by Lake, Clark, Randolph and LaSalle Streets
5 Chicago, Illinois
6 may be leased to persons, firms, partnerships, associations,
7 or individuals for terms not to exceed 15 years subject to
8 renewals when in the judgment of the Director those such
9 leases will be in the best interests of the State.
10 The Director is authorized to rent portions of the above
11 described facilities to persons, firms, partnerships,
12 associations, or individuals for terms not to exceed 30 days
13 when those such leases will not interfere with State usage of
14 the facility. This authority is meant to supplement and shall
15 not in any way be interpreted to restrict the Director's
16 ability to make portions of the State of Illinois Building
17 and the James R. Thompson Center available for long-term
18 commercial leases.
19 Provided however, that all rentals or fees charged to
20 persons, firms, partnerships, associations, or individuals
21 for any lease or use of space in the above described
22 facilities made for terms not to exceed 30 days in length
23 shall be deposited in a special fund in the State treasury to
24 be known as the Special Events Revolving Fund.
25 Notwithstanding the provisions above, the Department of
26 Children and Family Services and the Department of Human
27 Services (as successor to the Department of Rehabilitation
28 Services and the Department of Mental Health and
29 Developmental Disabilities) shall determine the allocation of
30 space for direct recipient care in their respective
31 facilities. The Department of Central Management Services
32 shall consult with the affected agency in the allocation and
33 lease of surplus space in these facilities. Potential lease
34 arrangements shall not endanger the direct recipient care
HB0236 Engrossed -117- LRB9100031DJcdA
1 responsibilities in these facilities.
2 (b) To appoint, subject to the "Personnel Code", as
3 amended, persons to be members of a police and security
4 force. Members of the security force shall be peace officers
5 when performing duties pursuant to this Section and as such
6 shall have all of the powers possessed by policemen in cities
7 , and sheriffs, including the power to make arrests on view
8 or issue citations for violations of State statutes or city
9 or county ordinances, except that in counties of more than
10 1,000,000 population, any powers created by this subsection
11 shall be exercised only (i) when necessary to protect the
12 property, personnel, or any interests of the Department of
13 Central Management Services or any State agency for whom the
14 Department manages, operates, or maintains property, or (ii)
15 when specifically requested by appropriate State or local law
16 enforcement officials, and except that within counties of
17 1,000,000 or less population, these such powers shall be
18 exercised only when necessary to protect the property,
19 personnel, or any interests of the State of Illinois, and
20 only while on property managed, operated, or maintained by
21 the Department.
22 Nothing in this subsection shall be construed so as to
23 make it conflict with any provisions of, or rules promulgated
24 under, the "Personnel Code".
25 (c) To charge reasonable fees to all State agencies
26 utilizing facilities operated by the Department for occupancy
27 related fees and charges. All fees collected under this
28 subsection shall be deposited in a special fund in the State
29 treasury known as the Facilities Management Revolving Fund.
30 As used in this subsection, the term "State agencies" means
31 all departments, officers, commissions, institutions, boards,
32 and bodies politic and corporate of the State.
33 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
34 eff. 8-18-95; 89-507, eff. 7-1-97.)
HB0236 Engrossed -118- LRB9100031DJcdA
1 (20 ILCS 405/405-320 new)
2 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
3 Sec. 405-320. Multi-use State facility at Collinsville;
4 State Police district headquarters at Sterling. 67.25.
5 (a) To enter into an agreement with a private
6 individual, trust, partnership, or corporation or a
7 municipality or other unit of local government whereby that
8 such individual, trust, partnership, or corporation or
9 municipality or other unit of local government will construct
10 a structure in the vicinity of Collinsville, Illinois for the
11 purposes of its serving as a multi-use State facility and
12 then lease that such structure to the Department for the use
13 of the Department of Transportation and other State agencies.
14 (b) To enter into an agreement with a municipality or
15 other unit of local government whereby the municipality or
16 other unit of local government will construct a structure in
17 the vicinity of Sterling, Illinois for the purposes of its
18 serving as a Department of State Police district headquarters
19 and then lease the structure to the Department for the use of
20 the Illinois State Police. The Director of the Department of
21 Central Management Services is further authorized to convey
22 the existing Illinois State Police headquarters at Sterling
23 to the City of Sterling, Illinois, a municipal corporation,
24 at a value established by the average of 3 three appraisals
25 in exchange for a deduction of equal value against any
26 amounts due the municipality under the State's contract to
27 acquire a State Police district headquarters at Sterling.
28 (c) A lease entered into pursuant to the authority
29 granted in this Section Act shall be for a term not to exceed
30 30 years but may grant to the State the option to purchase
31 the structure outright.
32 (d) The lease shall be approved by the heads of the
33 agencies occupying the facility and shall be and shall recite
34 that it is subject to termination and cancellation in any
HB0236 Engrossed -119- LRB9100031DJcdA
1 year for which the General Assembly fails to make an
2 appropriation to pay the rent payable under the terms of the
3 lease.
4 (Source: P.A. 86-1338.)
5 (20 ILCS 405/405-325 new)
6 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
7 Sec. 405-325. Mental health facility at Dixon. 67.26.
8 To enter into an agreement with a private individual, trust,
9 partnership, or corporation or a municipality or other unit
10 of local government whereby that such individual, trust,
11 partnership, or corporation or municipality or other unit of
12 local government will construct a structure in the vicinity
13 of Dixon, Illinois for the purposes of its serving as a
14 mental health facility and then lease that such structure to
15 the Department for the use of the Department of Human
16 Services.
17 A lease entered into pursuant to the authority granted in
18 this Section Act shall be for a term not to exceed 30 years
19 but may grant to the State the option to purchase the
20 structure outright.
21 The lease shall be approved by the Secretary of Human
22 Services and shall be and shall recite that it is subject to
23 termination and cancellation in any year for which the
24 General Assembly fails to make an appropriation to pay the
25 rent payable under the terms of the lease.
26 (Source: P.A. 89-507, eff. 7-1-97.)
27 (20 ILCS 405/405-400 new)
28 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
29 Sec. 405-400. Successor to Department of Administrative
30 Services and Department of Personnel. 34.1. The Department
31 of Central Management Services shall assume all rights,
32 powers, duties, and responsibilities of the Department of
HB0236 Engrossed -120- LRB9100031DJcdA
1 Administrative Services and the Department of Personnel as
2 the successor to those departments. The Department of
3 Administrative Services, the Department of Personnel, and the
4 Advisory Board to the Department of Personnel are abolished.
5 Personnel, books, records, papers, documents, property,
6 real and personal, unexpended appropriations, and pending
7 business in any way pertaining to the former Department of
8 Administrative Services and the former Department of
9 Personnel are transferred to the Department of Central
10 Management Services, but any rights of employees or the State
11 under the "Personnel Code" or any other contract or plan
12 shall be unaffected by this transfer hereby. No rule or
13 regulation promulgated by the former Department of
14 Administrative Services or the former Department of Personnel
15 pursuant to an exercise of any right, power, duty, or
16 responsibility transferred to the Department of Central
17 Management Services shall be affected by Public Act 82-789
18 this amendatory Act of 1982, and all such rules and
19 regulations shall become the rules and regulations of the
20 Department of Central Management Services.
21 (Source: P.A. 82-789.)
22 (20 ILCS 405/405-500 new)
23 (was 20 ILCS 405/67.35)
24 Sec. 405-500. 67.35. Matters relating to the Office of
25 the Lieutenant Governor.
26 (a) It is the purpose of this Section to provide for the
27 administration of the affairs of the Office of the Lieutenant
28 Governor during a period when the Office of Lieutenant
29 Governor is vacant.
30 It is the intent of the General Assembly that all powers
31 and duties of the Lieutenant Governor assumed and exercised
32 by the Director of Central Management Services, the
33 Department of Central Management Services, or another
HB0236 Engrossed -121- LRB9100031DJcdA
1 Director, State employee, or State agency designated by the
2 Governor under the provisions of Public Act 90-609 this
3 amendatory Act of 1998 be reassumed by the Lieutenant
4 Governor on January 11, 1999.
5 (b) Until January 11, 1999, while the office of
6 Lieutenant Governor is vacant, the Director of Central
7 Management Services shall assume and exercise the powers and
8 duties given to the Lieutenant Governor under the Illinois
9 Commission on Community Service Act, Section 46.53 of the
10 Civil Administrative this Code of Illinois (renumbered; now
11 Section 605-75 of the Department of Commerce and Community
12 Affairs Law, 20 ILCS 605/605-75) (relating to the Keep
13 Illinois Beautiful program), Section 12-1 of the State
14 Finance Act, the Gifts and Grants to Government Act, and the
15 Illinois Distance Learning Foundation Act.
16 The Director of Central Management Services shall not
17 assume or exercise the powers and duties given to the
18 Lieutenant Governor under the Rural Bond Bank Act.
19 (c) Until January 11, 1999, while the office of
20 Lieutenant Governor is vacant, the Department of Central
21 Management Services shall assume and exercise the powers and
22 duties given to the Office of the Lieutenant Governor under
23 Section 2-3.112 of the School Code, the Illinois River
24 Watershed Restoration Act, the Illinois Wildlife Prairie Park
25 Act, Section 12-1 of the State Finance Act, and the Illinois
26 Distance Learning Foundation Act.
27 (c-5) Notwithstanding subsection (c): (i) the Governor
28 shall appoint an interim member, who shall be interim
29 chairperson, of the Illinois River Coordinating Council while
30 the office of the Lieutenant Governor is vacant until January
31 11, 1999 and (ii) the Governor shall appoint an interim
32 member, who shall be interim chairperson, of the Illinois
33 Wildlife Prairie Park Commission while the office of the
34 Lieutenant Governor is vacant until January 11, 1999.
HB0236 Engrossed -122- LRB9100031DJcdA
1 (d) Until January 11, 1999, while the office of
2 Lieutenant Governor is vacant, the Department of Central
3 Management Services may assume and exercise the powers and
4 duties that have been delegated to the Lieutenant Governor by
5 the Governor.
6 (e) Until January 11, 1999, while the office of
7 Lieutenant Governor is vacant, appropriations to the Office
8 of the Lieutenant Governor may be obligated and expended by
9 the Department of Central Management Services, with the
10 authorization of the Director of Central Management Services,
11 for the purposes specified in those appropriations. These
12 obligations and expenditures shall continue to be accounted
13 for as obligations and expenditures of the Office of the
14 Lieutenant Governor.
15 (f) Until January 11, 1999, while the office of
16 Lieutenant Governor is vacant, all employees of the Office of
17 the Lieutenant Governor who are needed to carry out the
18 responsibilities of the Office are temporarily reassigned to
19 the Department of Central Management Services. This
20 reassignment shall not be deemed to constitute new employment
21 or to change the terms or conditions of employment or the
22 qualifications required of the employees, except that the
23 reassigned employees shall be subject to supervision by the
24 Department during the temporary reassignment period.
25 (g) Until January 11, 1999, while the office of
26 Lieutenant Governor is vacant, the Department of Central
27 Management Services shall temporarily assume and exercise the
28 powers and duties of the Office of the Lieutenant Governor
29 under contracts to which the Office of the Lieutenant
30 Governor is a party. The assumption of rights and duties
31 under this subsection shall not be deemed to change the terms
32 or conditions of the contract.
33 The Department of Central Management Services may amend,
34 extend, or terminate any such contract in accordance with its
HB0236 Engrossed -123- LRB9100031DJcdA
1 terms; may agree to terminate a contract at the request of
2 the other party; and may, with the approval of the Governor,
3 enter into new contracts on behalf of the Office of the
4 Lieutenant Governor.
5 (h) The Governor may designate a State employee or
6 director other than the Director of Central Management
7 Services or a State agency other than the Department of
8 Central Management Services to assume and exercise any
9 particular power or duty that would otherwise be assumed and
10 exercised by the Director of Central Management Services or
11 the Department of Central Management Services under
12 subsection (b), (c), or (d) of this Section.
13 Except as provided below, if the Governor designates a
14 State employee or director other than the Director of Central
15 Management Services or a State agency other than the
16 Department of Central Management Services, that person or
17 agency shall be responsible for those duties set forth in
18 subsections (e), (f), and (g) that directly relate to the
19 designation of duties under subsections (b), (c), and (d).
20 If the Governor's designation relates to duties of the
21 Commission on Community Service or the Distance Learning
22 Foundation, the Director of Central Management Services and
23 the Department of Central Management Services may, if so
24 directed by the Governor, continue to be responsible for
25 those duties set forth in subsections (e), (f), and (g)
26 relating to that designation.
27 (i) Business transacted under the authority of this
28 Section by entities other than the Office of the Lieutenant
29 Governor shall be transacted on behalf of and in the name of
30 the Office of the Lieutenant Governor. Property of the
31 Office of the Lieutenant Governor shall remain the property
32 of that Office and may continue to be used by persons
33 performing the functions of that Office during the vacancy
34 period, except as otherwise directed by the Governor.
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1 (Source: P.A. 89-445, eff. 2-7-96; 90-609, eff. 6-30-98.)
2 (20 ILCS 510/Art. 510 heading new)
3 ARTICLE 510. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
4 (20 ILCS 510/510-1 new)
5 Sec. 510-1. Article short title. This Article 510 of
6 the Civil Administrative Code of Illinois may be cited as the
7 Department of Children and Family Services Powers Law.
8 (20 ILCS 510/510-5 new)
9 Sec. 510-5. Definition. As used in this Article 30,
10 "Department" means the Department of Children and Family
11 Services.
12 (20 ILCS 510/510-10 new)
13 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
14 Sec. 510-10. Powers, generally. 65. The Department of
15 Children and Family Services has the powers enumerated in the
16 following Sections 65.1 through 65.8.
17 (Source: P.A. 86-610.)
18 (20 ILCS 510/510-15 new)
19 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
20 Sec. 510-15. Children and Family Services Act. The
21 Department has the power 65.1. to administer the "An Act
22 creating the Department of Children and Family Services Act,
23 codifying its powers and duties, and repealing certain Acts
24 and Sections herein named".
25 (Source: Laws 1967, p. 4089.)
26 (20 ILCS 510/510-20 new)
27 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
28 Sec. 510-20. Juveniles. The Department has the power
HB0236 Engrossed -125- LRB9100031DJcdA
1 65.4. to exercise the powers and fulfill the duties assigned
2 the Department by the Juvenile Court Act of 1987.
3 (Source: P.A. 90-372, eff. 7-1-98.)
4 (20 ILCS 510/510-25 new)
5 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
6 Sec. 510-25. Child Care Act of 1969; injunction. The
7 Department has the power 65.5. to initiate injunction
8 proceedings whenever wherever it appears to the Director of
9 Children and Family Services that any person, group of
10 persons, or corporation is engaged or about to engage in any
11 acts or practices that which constitute or will constitute a
12 violation of the "Child Care Act of 1969", approved May 15,
13 1969, as amended, or any rule or regulation prescribed under
14 the authority of that Act thereof. The Director of Children
15 and Family Services may, in his or her discretion, through
16 the Attorney General apply for an injunction to enforce the
17 Act, rule, or regulation., and Upon a proper showing, any
18 circuit court may enter a permanent or preliminary injunction
19 or a temporary restraining order without bond to enforce the
20 Act, rule, or regulation those Acts in addition to the
21 penalties and other remedies provided in the Act, rule, or
22 regulation those Acts. Appeals may be taken as in other civil
23 cases.
24 (Source: P.A. 83-1362.)
25 (20 ILCS 510/510-30 new)
26 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
27 Sec. 510-30. Escaped inmates. The Department has the
28 power 65.6. to exercise the powers and fulfill the duties
29 assigned the Department by the Escaped Inmate Damages Act "An
30 Act concerning damages caused by escaped inmates of
31 charitable, penal, reformatory or other institutions over
32 which the State has control", approved June 21, 1935, as
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1 heretofore and hereafter amended.
2 (Source: Laws 1967, p. 4089.)
3 (20 ILCS 510/510-35 new)
4 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
5 Sec. 510-35. State agency employees child care services.
6 The Department has the power 65.7. to advise the Department
7 of Central Management Services concerning the provision of
8 child care services pursuant to the "State Agency Employees
9 Child Care Services Act", enacted by the 84th General
10 Assembly.
11 (Source: P.A. 84-652.)
12 (20 ILCS 510/510-95 new)
13 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
14 Sec. 510-95. Statutory responsibilities pertaining to
15 children. The Department has the power 65.3. to administer
16 the "Child Care Act (repealed)" and the such other
17 responsibilities pertaining to children that as are delegated
18 to the Department by statute.
19 (Source: Laws 1967, p. 4089.)
20 (20 ILCS 510/510-100 new)
21 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
22 Sec. 510-100. Criminal history record information. 65.8.
23 subsection 22 of Section
28 2605-400 55a of "the Department of State Police Law (20 ILCS
29 2605/2605-400) Civil Administrative Code of Illinois", the
30 Department of State Police is authorized to furnish, pursuant
31 to positive identification, the such information contained in
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1 State files that as is necessary to fulfill the request.
2 (Source: P.A. 86-610.)
3 (20 ILCS 510/510-200 new)
4 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
5 Sec. 510-200. Police and security force. The Department
6 has the power 65.2. to appoint, subject to the "Personnel
7 Code", persons to be members of a police and security force.
8 Members of the police and security force shall be peace
9 officers and as such have all powers possessed by policemen
10 in cities, and sheriffs, including the power to make arrests
11 on view or on warrants of violations of State statutes or
12 city or county ordinances. These powers may, however, be
13 exercised only in counties of more than 500,000 population
14 when required for the protection of Department properties,
15 interests, and personnel, or when specifically requested by
16 appropriate State or local law enforcement officials. Members
17 of the police and security force may not serve and execute
18 civil process processes.
19 (Source: Laws 1967, p. 4089.)
20 (20 ILCS 605/Art. 605 heading new)
21 ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
22 (20 ILCS 605/605-1 new)
23 Sec. 605-1. Article short title. This Article 605 of the
24 Civil Administrative Code of Illinois may be cited as the
25 Department of Commerce and Community Affairs Law.
26 (20 ILCS 605/605-5 new)
27 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
28 Sec. 605-5. Definitions. As used in the Sections
29 following after this Section: and before Section 47.2,
30 "Department" means the Department of Commerce and
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1 Community Affairs.
2 "Director" means the Director of Commerce and Community
3 Affairs.
4 "Local government" means every county, municipality,
5 township, school district, and other local political
6 subdivision having authority to enact laws and ordinances, to
7 administer laws and ordinances, to raise taxes, or to expend
8 funds.
9 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
10 eff. 12-2-94.)
11 (20 ILCS 605/605-10 new)
12 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
13 Sec. 605-10. 46.1. Powers and duties. The Department of
14 Commerce and Community Affairs has the powers and duties
15 enumerated in the Sections following after this Section and
16 before Section 47.2.
17 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
18 eff. 12-2-94.)
19 (20 ILCS 605/605-15 new)
20 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
21 Sec. 605-15. Cooperation with other departments,
22 agencies, and institutions. 46.22. To cooperate with other
23 departments, agencies, and institutions of this State in the
24 collecting and assembling of information and to enter into
25 agreements with those such other departments, agencies, and
26 institutions, upon such terms that are as may be mutually
27 agreed upon, to have conducted such studies and research that
28 conducted as may be necessary and proper.
29 (Source: Laws 1965, p. 1958.)
30 (20 ILCS 605/605-20 new)
31 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
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1 Sec. 605-20. Charges; gifts and grants; Economic Research
2 and Information Fund. 46.29.
3 (a) To establish and collect charges and to accept
4 gifts, grants, awards, matching contributions, financial
5 participations, and cost sharings from individuals,
6 businesses, governments, and other third party sources, on
7 such terms and conditions that as the Director deems
8 advisable, for any or all of the following purposes:
9 (1) Preparing, producing, and disseminating
10 economic research material and information in various
11 formats and media.
12 (2) Preparing, producing, and disseminating
13 economic development strategies and planning products
14 prepared as a guidance of the Illinois economy.
15 (3) Planning, facilitating, entering into, and
16 conducting public, private, or both public and private
17 sector partnerships and other joint venture economic
18 research, strategic planning, and pilot, and
19 demonstration projects that have as their purpose
20 fostering increased understanding of the Illinois economy
21 and the development, evaluation, and implementation of
22 policies and strategies to foster economic growth.
23 (4) Planning, facilitating, and conducting
24 information dissemination and training outreach
25 conferences, workshops, symposia, and award recognition
26 ceremonies.
27 (b) The Economic Research and Information Fund is
28 created as a special fund in the State treasury, and all
29 monies received pursuant to this Section shall be deposited
30 into that Fund. Monies in the Economic Research and
31 Information Fund may be expended for purposes consistent with
32 the conditions under which those monies are received, subject
33 to appropriations made by the General Assembly for those
34 purposes.
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1 (Source: P.A. 88-407.)
2 (20 ILCS 605/605-25 new)
3 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
4 Sec. 605-25. Charges, gifts, and grants for promotional
5 products and services; International and Promotional Fund.
6 46.30a.
7 (a) To establish, levy, and collect fees and charges and
8 accept gifts, grants, and awards from other governmental
9 entities, for profit organizations, and nonprofit
10 associations in association with or as consideration for the
11 provision of various promotional products and services
12 through its tourism, films production promotion, and
13 international business promotion programs. The Director may
14 establish and collect nominal charges for premiums and other
15 promotional materials produced or acquired as part of the
16 Department's activities authorized under the Illinois
17 Promotion Act from individuals and not-for-profit
18 organizations intending to use those such premiums and
19 promotional materials for purposes consistent with the
20 provisions of the Illinois Promotion Act, provided, however,
21 that other State agencies shall be charged no more than the
22 cost of the premium or promotional material to the
23 Department.
24 (b) The Director may collect cost reimbursement monies
25 from films and media production entities for police and
26 related production security services in amounts determined by
27 the provider of the such security services and agreed to by
28 the production entity. The Such reimbursements shall only
29 result only from the agreed costs of planned police and
30 security services to be rendered to film and media production
31 sites in the State of Illinois.
32 (c) The Director may establish and collect cost-sharing
33 assessments and fees and accept gifts, grants, and awards
HB0236 Engrossed -131- LRB9100031DJcdA
1 from private businesses, trade associations, other
2 governmental entities, and individuals desiring to
3 participate in and support the development and conduct of
4 overseas trade, catalog, and distributor shows and activities
5 and to purchase informational materials to foster export
6 sales of Illinois products and services as part of the
7 Department's international business programs.
8 (d) All money received pursuant to this Section shall be
9 deposited into in the International and Promotional Fund
10 within the State treasury which is hereby created; monies
11 within the such Fund shall be appropriated only for
12 expenditure pursuant to this Section.
13 (Source: P.A. 90-26, eff. 7-1-97.)
14 (20 ILCS 605/605-30 new)
15 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
16 Sec. 605-30. State and federal programs, grants, and
17 subsidies. 46.41. The Department shall use the such State and
18 federal programs, grants, and subsidies that as are available
19 to assist in the discharge of the provisions of the Civil
20 Administrative Code of Illinois this Act.
21 (Source: P.A. 81-1509.)
22 (20 ILCS 605/605-35 new)
23 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
24 Sec. 605-35. Federal moneys for general administration;
25 Intra-Agency Services Fund. 46.43. Moneys recovered from
26 federal programs for general administration that are received
27 by the Department of Commerce and Community Affairs shall be
28 deposited into a separate fund in the State treasury to be
29 known as the Intra-Agency Services Fund.
30 (Source: P.A. 86-1175; 87-130; 87-1177.)
31 (20 ILCS 605/605-40 new)
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1 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
2 Sec. 605-40. State Technical Services Act Fund. 47.2. The
3 following funds collected and received by the Department of
4 Commerce and Community Affairs shall be paid to the State
5 Treasurer for deposit in the State Technical Services Act
6 Fund outside the State Treasury:
7 (1) (a) Funds received or collected from the
8 federal government to defray the cost of programs and
9 activities conducted under the State Technical Services
10 Act of 1965, Public Law 89-182, as now and hereafter
11 amended, or under any other Act of Congress by which
12 federal funds are made available for those such purposes.
13 , and
14 (2) (b) Funds received or collected from colleges,
15 universities, nonprofit organizations, or other
16 participants in programs and activities conducted under
17 Section 605-370 46.28.
18 All disbursements from the such Fund shall be made only
19 upon warrants of the State Comptroller drawn upon the State
20 Treasurer as custodian of the fund upon vouchers signed by
21 the Director of Commerce and Community Affairs or by the
22 person or persons designated by the Director him for that
23 such purpose. The Comptroller is authorized to draw the such
24 warrant upon vouchers so signed. The State Treasurer shall
25 accept all warrants so signed and shall be released from
26 liability for all payments made on those warrants thereon.
27 (Source: P.A. 81-1509.)
28 (20 ILCS 605/605-50 new)
29 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
30 Sec. 605-50. Expenditures for purposes of Build Illinois
31 Act. 46.51. To expend appropriations for the purposes
32 contained in the Build Illinois Act, enacted by the 84th
33 General Assembly.
HB0236 Engrossed -133- LRB9100031DJcdA
1 (Source: P.A. 84-109.)
2 (20 ILCS 605/605-55 new)
3 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
4 Sec. 605-55. Contracts and other acts to accomplish
5 Department's duties. 46.21. To make and enter into contracts,
6 including but not limited to making grants and loans to those
7 units of local government and non-profit corporations
8 specified by the General Assembly pursuant to appropriations
9 by the General Assembly from the Build Illinois Bond Fund and
10 the Build Illinois Purposes Fund, and generally to do all
11 such things that as, in its judgment, may be necessary,
12 proper, and expedient in accomplishing its duties.
13 (Source: P.A. 85-288.)
14 (20 ILCS 605/605-65 new)
15 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
16 Sec. 605-65. Grants under Gang Control Grant Act. 46.52.
17 To award grants to community-based groups, as defined in the
18 Gang Control Grant Act "An Act to provide for grants to
19 community groups and to assist local government programs for
20 gang control, amending certain Acts therein named", veto
21 overridden October 31, 1985.
22 (Source: P.A. 84-1308; 84-1400; 84-1438.)
23 (20 ILCS 605/605-75 new)
24 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
25 Sec. 605-75. 46.53. Keep Illinois Beautiful.
26 (a) There is created the Keep Illinois Beautiful Program
27 Advisory Board consisting of 7 members appointed by the
28 Governor with the advice and consent of the Senate. Of those
29 7, 4 shall be appointed from a list of at least 10 names
30 submitted by the boards of directors from the various
31 certified community programs. Each certified community
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1 program may submit only one recommendation to be considered
2 by the Governor. The Lieutenant Governor or his or her
3 designee shall be a member and serve as Chairman, except that
4 (i) when Section 6 of Article V of the Illinois Constitution
5 is operative the officer next in line of succession shall
6 serve as Chairman and (ii) until January 11, 1999, while the
7 office of Lieutenant Governor is otherwise vacant, the powers
8 and duties of the Lieutenant Governor under this Section
9 shall be carried out as provided in Section 67.35 of the
10 Civil Administrative Code of Illinois (renumbered; now
11 Section 405-500 of the Department of Central Management
12 Services Law, 20 ILCS 405/405-500). The Board shall meet at
13 least quarterly at the discretion of the Chairman and at such
14 other times as the Chairman or any 4 members consider
15 necessary. Four members shall constitute a quorum.
16 (b) The purpose of the Board shall be to assist local
17 governments and community organizations in:
18 (1) Educating the public about the need for
19 recycling and reducing solid waste.;
20 (2) Promoting the establishment of recycling and
21 programs that reduce litter and other solid waste through
22 re-use and diversion.;
23 (3) Developing local markets for recycled products.
24 ;
25 (4) Cooperating with other State agencies and with
26 local governments having environmental responsibilities.;
27 Such guidelines shall be approved by a
3 majority of the members of the Board.
4 The Statewide coordinator may encourage local governments
5 and community organizations to apply for certification of
6 programs by the Board. However, the Statewide coordinator
7 shall give equal consideration to newly certified programs
8 and older certified programs.
9 The Statewide coordinator shall submit proposed programs
10 to the Board. The Board shall approve program proposals by a
11 majority vote of the quorum present. In no event shall the
12 Board veto a program by a vote of fewer than 4 members. A
13 vetoed proposal may be resubmitted to the Board by the
14 Statewide coordinator after necessary changes in the proposal
15 have been made.
16 (d) The Keep Illinois Beautiful Fund is created as a
17 special fund in the State treasury. Moneys from any public
18 or private source may be deposited into the Keep Illinois
19 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
20 shall be appropriated only for the purposes of this Section.
21 Pursuant to action by the Board, the Lieutenant Governor may
22 authorize grants from moneys appropriated from the Keep
23 Illinois Beautiful Fund for certified community based
24 programs for up to 50% of the cash needs of the program;
25 provided, that at least 50% of the needs of the program shall
26 be contributed to the program in cash, and not in kind, by
27 local sources.
28 Moneys appropriated for certified community based
29 programs in municipalities of more than 1,000,000 population
30 shall be itemized separately and may not be disbursed to any
31 other community.
32 (Source: P.A. 90-609, eff. 6-30-98.)
33 (20 ILCS 605/605-85 new)
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1 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
2 Sec. 605-85. Personnel. 46.11. To obtain and employ,
3 pursuant to the provisions of the "Personnel Code", as
4 heretofore or hereafter amended, the such technical,
5 clerical, stenographic, and other administrative personnel
6 that are and make such expenditures within the appropriations
7 therefor as may be necessary to carry out the purposes of the
8 Civil Administrative Code of Illinois and to make
9 expenditures for that purpose within the appropriations for
10 that purpose this Act.
11 (Source: Laws 1965, p. 1958.)
12 (20 ILCS 605/605-95 new)
13 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
14 Sec. 605-95. Rules and regulations. 46.42. The Department
15 has shall have the power to make the such rules and
16 regulations as may be necessary to carry out its duties.
17 (Source: P.A. 81-1509.)
18 (20 ILCS 605/605-100 new)
19 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
20 Sec. 605-100. Transfer from Department of Business and
21 Economic Development. 46.33. To assume the rights, powers,
22 duties, and responsibilities of the former Department of
23 Business and Economic Development. Personnel, books,
24 records, property, and funds pertaining to the said former
25 Department of Business and Economic Development are
26 transferred to the Department, but any rights of employees or
27 the State under the "Personnel Code" or any other contract or
28 plan shall be unaffected by this transfer hereby.
29 (Source: P.A. 81-1509.)
30 (20 ILCS 605/605-105 new)
31 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
HB0236 Engrossed -137- LRB9100031DJcdA
1 Sec. 605-105. Transfer from Department of Local
2 Government Affairs. 46.35.
3 (a) To assume all rights, powers, duties, and
4 responsibilities of the former Department of Local Government
5 Affairs not pertaining to its property taxation related
6 functions. Personnel, books, records, property and funds
7 pertaining to those such non-taxation related functions are
8 transferred to the Department, but any rights of employees or
9 the State under the "Personnel Code" or any other contract or
10 plan shall be unaffected by this transfer hereby.
11 (b) After August 31, 1984 (the effective date of Public
12 this amendatory Act 83-1302) of 1984, the power, formerly
13 vested in the Department of Local Government Affairs, and
14 transferred to the Department of Commerce and Community
15 Affairs, to administer the distribution of funds from the
16 State treasury to reimburse counties, where State penal
17 institutions are located, for the payment of assistant
18 State's Attorneys' salaries under Section 7 of "An act
19 concerning fees and salaries, and to classify the several
20 counties of this state with reference thereto", approved
21 March 29, 1872, as amended (repealed; now Section 4-2001 of
22 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
23 Department of Corrections pursuant to Section 3-2-2 of the
24 Unified Code of Corrections.
25 (Source: P.A. 83-1302.)
26 (20 ILCS 605/605-110 new)
27 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
28 Sec. 605-110. Transfer from Governor's Office of Manpower
29 and Human Development. 46.34. To assume the rights, powers,
30 duties, and responsibilities of the Governor's Office of
31 Manpower and Human Development. Personnel, books, records,
32 property, and funds pertaining to the Governor's Office of
33 Manpower and Human Development are transferred to the
HB0236 Engrossed -138- LRB9100031DJcdA
1 Department, but any rights of employees or the State under
2 the "Personnel Code" or any other contract or plan shall be
3 unaffected by this transfer hereby.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 605/605-115 new)
6 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
7 Sec. 605-115. Transfer from State Housing Board and
8 Department of Business and Economic Development. 46.36. In
9 addition to the duties and powers imposed elsewhere in the
10 Civil Administrative Code of Illinois this Act, the
11 Department has the following powers:
12 (1) To exercise the rights, powers, and duties
13 vested by law in the State Housing Board under the "An
14 Act in relation to Housing Authorities Act.," approved
15 March 19, 1934, as heretofore or hereafter amended;
16 (2) To exercise the rights, powers, and duties
17 vested by law in the State Housing Board under the
18 Housing Cooperation Law. "An Act in relation to aid of
19 housing projects and cooperation with housing authorities
20 and the Federal government by municipal corporations,
21 political subdivisions and other public bodies of this
22 state," filed July 13, 1937, as heretofore or hereafter
23 amended;
24 (3) To exercise the rights, powers, and duties
25 vested by law in the State Housing Board under "An Act to
26 facilitate the Housing Development and Construction Act.
27 of housing, to provide governmental assistance therefor,
28 and to repeal an Act herein named," approved July 2,
29 1947, as heretofore or hereafter amended;
30 (4) To exercise the rights, powers, and duties
31 vested by law in the State Housing Board under the
32 "Blighted Areas Redevelopment Act of 1947.", approved
33 July 2, 1947, as heretofore or hereafter amended;
HB0236 Engrossed -139- LRB9100031DJcdA
1 (5) To exercise the rights, powers, and duties
2 vested by law in the State Housing Board under the
3 "Blighted Vacant Areas Development Act of 1949.," filed
4 August 13, 1949, as heretofore or hereafter amended;
5 (6) To exercise the rights, powers, and duties
6 vested by law in the State Housing Board under the Urban
7 Community Conservation Act. "An Act in relation to the
8 conservation of urban residential areas and the
9 prevention of slums and to define the rights, powers and
10 duties of municipalities in connection therewith,"
11 approved July 13, 1953, as heretofore or hereafter
12 amended;
13 (7) To exercise the rights, powers, and duties
14 vested by law in the State Housing Board under the "Urban
15 Renewal Consolidation Act of 1961.," approved August 15,
16 1961, as heretofore or hereafter amended;
17 (8) To exercise the rights, powers, and duties
18 vested by law in the State Housing Board under the
19 Redevelopment Project Rehousing Act. "An Act in relation
20 to rehousing persons residing in the areas of
21 redevelopment projects undertaken pursuant to the
22 "Blighted Areas Redevelopment Act of 1947" enacted by the
23 Sixty-fifth General Assembly, and to provide for state
24 and municipal contributions therefor," approved July 2,
25 1947, as heretofore or hereafter amended;
26 (9) To exercise the rights, powers, and duties
27 vested by law in the State Housing Board under the State
28 Housing Act. "An Act in relation to housing," approved
29 July 12, 1933, as heretofore or hereafter amended;
30 (10) To exercise the rights, powers, and duties
31 vested by law in the State Housing Board under the
32 "Illinois Housing Development Act.", approved July 24,
33 1967, as heretofore or hereafter amended;
34 (11) To exercise the rights, powers, and duties
HB0236 Engrossed -140- LRB9100031DJcdA
1 which had been vested by law in the Department of
2 Business and Economic Development under Sections 46.7
3 (renumbered; now Section 605-200 of this Law; 20 ILCS
4 605/605-200), 46.8 (repealed), 46.23 (repealed), and 47.1
5 (repealed) of "the Civil Administrative Code of Illinois,
6 " approved March 7, 1917, as heretofore or hereafter
7 amended, previous to August 29, 1969.;
8 (12) To exercise the rights, powers, and duties
9 which have been vested by law in the State Housing Board
10 under Section 6b-3 of the "An Act in relation to State
11 Finance Act.," approved June 10, 1919, as heretofore and
12 hereafter amended;
13 (13) The Department shall render assistance and, advice
14 to and take action affecting local governments only upon
15 request of a local government, except as otherwise provided
16 by the powers and duties transferred to the Department by
17 this Section.
18 (Source: P.A. 82-1057.)
19 (20 ILCS 605/605-200 new)
20 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
21 Sec. 605-200. Official State planning agency. 46.7. To
22 act as the official State planning agency, and to accept and
23 use planning grants or other financial assistance from the
24 federal government (1) for statewide comprehensive planning
25 work including research and coordination activity directly
26 related to urban needs; and (2) for State and inter-state
27 comprehensive planning and research and coordination activity
28 related thereto. All such grants shall be subject to the
29 terms and conditions prescribed by the federal government.
30 (Source: P.A. 76-1158.)
31 (20 ILCS 605/605-205 new)
32 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
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1 Sec. 605-205. Planning; coordination with local and
2 regional entities; Urban Planning Assistance Fund. 46.39. The
3 Department shall provide for liaison between the State and
4 regional and local planning agencies and departments; perform
5 such state-wide planning as is provided by law; provide
6 assistance, counsel, and advice to local and regional
7 planning agencies when so requested; and conduct research
8 into local government problems as ordered by the Director. In
9 performing this responsibility the Department shall have the
10 power and duty to do the following:
11 (1) (a) Exercise the rights, powers, and duties provided
12 in paragraph sub-paragraph (11) of Section 605-115. 46.36 of
13 this Act;
14 (2) (b) To Accept and use planning grants or other
15 financial assistance from the federal government, either
16 directly or in receipt from the official State planning
17 agency, in aid, or for the provision of planning assistance
18 (including surveys, land use studies, urban renewal plans,
19 technical services, and other planning work, but excluding
20 plans for specific public works): (i) (1) to municipalities
21 and counties; (ii) (2) to any group of adjacent communities,
22 incorporated or unincorporated, having common or related
23 urban planning problems resulting from rapid urbanization;
24 (iii) (3) to coordinate planning activities directly related
25 to urban needs; (iv) (4) for official governmental planning
26 agencies where rapid urbanization has resulted or is expected
27 to result from the establishment of rapid and substantial
28 expansion of a federal installation; and (v) (5) to study and
29 offer assistance for rural planning.;
30 (3) (c) To Approve applicants and project plans for
31 loans or grants to local, regional, or area groups,
32 associations, or other agencies that which qualify for
33 assistance under Title 42 U.S.C. United States Code Sections
34 3161, et seq. and any subsequent federal or State legislation
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1 whose purpose is to assist economically distressed or
2 depressed areas;, and, for and in behalf of this State, to
3 accept, receive, and receipt for federal monies, for and in
4 behalf of the State, given by the federal government under
5 any federal law to this State for economic redevelopment,
6 assistance, surveys, or programs.;
7 (4) (d) To Cooperate with civic groups and local, State,
8 and federal planning and development agencies.;
9 (5) (e) To Authorize counties, cities, and other local
10 governmental units to enter into agreements, not in conflict
11 with any law of the State of Illinois, with appropriate
12 governmental units of an adjoining state or states for
13 cooperative efforts and mutual assistance in the
14 comprehensive planning for the physical growth and
15 development of metropolitan or other urban areas, provided
16 that such cooperation has been authorized by the adjoining
17 state or states.;
18 (6) (f) To Provide that in an orderly manner that the
19 following funds collected and received by the Department
20 shall be paid over to the State Treasurer for deposit in a
21 separate fund hereinafter provided for in this Section: (i)
22 (a) funds received or collected from municipalities and
23 counties and from any groups of adjacent communities pursuant
24 to this Section and (ii) (b) funds received or collected from
25 the federal government to defray the cost for planning of
26 those such projects pursuant to the "Federal Housing Act of
27 1954", as amended, or under any other Act of Congress by
28 which federal funds may be made available for those such
29 purposes. Any such funds so collected or received shall be
30 paid or turned over to and shall be held by the State
31 Treasurer as ex officio custodian thereof, separate and apart
32 from all public monies and funds of this State, and shall be
33 known as the "Urban Planning Assistance Fund, which shall" to
34 such Fund shall be made only upon warrants of the State
2 Comptroller drawn upon the State Treasurer as custodian of
3 the fund upon vouchers signed by the Director of Commerce and
4 Community Affairs or by the person or persons designated by
5 the Director him for that such purpose. The Comptroller is
6 authorized to draw the such warrant upon vouchers so signed.
7 The State Treasurer shall accept all warrants so signed and
8 shall be released from liability for all payments made on
9 those warrants thereon.
10 (7) (g) To Provide coordination between state-wide plans
11 and plans of municipalities, counties, and regional planning
12 agencies.;
13 (8) (h) To Collect, organize, and disseminate
14 information on all matters pertaining to local government.;
15 (9) (i) To Make studies concerning local government
16 boundary problems; provide advice and assistance to local
17 governments on boundary questions; and perform such other
18 services related to local government boundary questions that
19 as the Director orders. shall order;
20 (10) (j) To Cooperate with the Governor, other State
21 departments and agencies, and local planning agencies in the
22 preparation of state-wide plans relating to housing,
23 redevelopment, urban renewal, rural development, and such
24 other matters that as the Director orders. shall order;
25 (11) (k) To Do any and all things necessary to make the
26 Civil Administrative Code of Illinois this Act effective.
27 (Source: P.A. 83-333.)
28 (20 ILCS 605/605-210 new)
29 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
30 Sec. 605-210. Cooperation with civic groups and planning
31 and development agencies. 46.9. To cooperate with civic
32 groups and local, State, and federal planning and development
33 agencies.
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1 (Source: Laws 1965, p. 1958.)
2 (20 ILCS 605/605-300 new)
3 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
4 Sec. 605-300. Economic development plans. 46.2 To
5 formulate plans for the economic development of the State of
6 Illinois.
7 (Source: Laws 1965, p. 1958.)
8 (20 ILCS 605/605-305 new)
9 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
10 Sec. 605-305. Economic development strategy. 46.44. By no
11 later than February 1, 1984, the Department shall prepare an
12 economic development strategy for Illinois for the year
13 beginning on July 1, 1984 and ending on June 30, 1985, and
14 for the 4 four years next ensuing. By no later than February
15 1, 1985 and annually thereafter, the Department shall make
16 modifications to the in such economic development strategy
17 for the 4 four years beginning on the next ensuing July 1 as
18 those such modifications are warranted by changes in economic
19 conditions, or by other factors, including changes in policy,
20 and shall prepare an economic development strategy for the
21 fifth year beginning after the next ensuing July 1.
22 In preparing the such strategy and in making
23 modifications to the such strategy, the Department shall take
24 cognizance of the special economic attributes of the various
25 component areas of the State. (1) The "component areas"
26 shall be determined by the Department after a county by
27 county economic analysis and shall group counties that which
28 are close in geographical proximity and share common economic
29 traits.
30 (2) The strategy shall recommend specific legislative
31 and administrative action at both the State and area levels
32 level for promoting sustained economic growth at or above
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1 national rates of economic growth, while keeping the rate of
2 unemployment below national levels of unemployment.
3 (3) The strategy shall include all of the following:
4 (1) (a) An assessment of historical patterns of
5 economic activity for the State as a whole and by area.;
6 (2) (b) Projections of future economic trends for
7 the State as a whole and by areas.; and
8 (3) (c) Projections of the State's future
9 educational needs.
10 (4) National economic trends and projections shall be
11 considered in the formulation of the such State and area
12 projections. All assumptions made in the formulation of the
13 such State and area projections shall be clearly and
14 explicitly set forth.
15 (5) The strategy shall identify, for each area those
16 economic characteristics that most likely will influence
17 whether the area will exceed or fall below the rate of
18 overall State economic growth.
19 (6) The strategy shall recommend legislative action to
20 be taken to foster and promote economic growth in specific
21 areas, taking into account the resources and economic factors
22 indigenous to those such areas.
23 In preparing the strategy or modifications to the
24 strategy thereto, the Department shall consult with State
25 agencies, boards, and commissions whose programs and
26 activities significantly affect economic activity in the
27 State. The heads of those such agencies, boards, and
28 commissions shall provide the such assistance to the
29 Department that as the Governor deems appropriate.
30 (7) The strategy shall be presented to the Governor, the
31 President of the Senate, the Speaker of the House of
32 Representatives, the minority leader of each house of the
33 General Assembly, the chairman of the Commission on
34 Intergovernmental Cooperation, the chairman of the Economic
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1 and Fiscal Commission, and the chairman of the Economic
2 Development Commission on February 1, 1984 and annually
3 thereafter.
4 (Source: P.A. 85-439.)
5 (20 ILCS 605/605-310 new)
6 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
7 Sec. 605-310. Collecting and assembling information.
8 46.3. To collect and assemble, or cause to have collected
9 and assembled, information regarding the following:
10 industrial opportunities and possibilities of the State,
11 including raw materials, and products that may be produced
12 therefrom; power and water resources;, transportation
13 facilities; available markets; availability of labor; banking
14 and financial facilities; availability of industrial sites;
15 the advantages of the State as a whole, and particular
16 sections of the State thereof as industrial, recreational,
17 and tourist locations; and provide information on the
18 technologies available for businesses to burn Illinois coal
19 and the feasibility of such systems; and such other matters
20 as the Department may deem desirable. To collect and
21 assemble, or cause to have collected and assembled, and
22 provide information on the technologies available for
23 businesses to burn Illinois coal and the feasibility of those
24 systems.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 (20 ILCS 605/605-315 new)
27 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
28 Sec. 605-315. Information regarding economic growth.
29 46.17. To collect, assemble, and analyze statistics, data,
30 and information regarding the growth and the strengthening of
31 the economy of this State and all of its elements.
32 (Source: Laws 1965, p. 1958.)
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1 (20 ILCS 605/605-320 new)
2 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
3 Sec. 605-320. Encouragement of existing industries. 46.5
4 To encourage the growth and expansion of industries now
5 existing within the State by providing comprehensive business
6 services and promoting interdepartmental cooperation for
7 assistance to industries.
8 (Source: Laws 1965, p. 1958.)
9 (20 ILCS 605/605-325 new)
10 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
11 Sec. 605-325. 46.19i. Services network funding program.
12 The Department is authorized to promulgate rules and make
13 grants, subject to appropriation by the General Assembly for
14 this purpose, to colleges, universities, trade associations,
15 non-profit organizations, or consortia of for-profit
16 businesses for research, development, promotion,
17 implementation, or improvement related to or in support of
18 manufacturer or producer services networks or group delivered
19 services and activities. Grants to eligible applicants shall
20 not exceed $100,000. The award shall not exceed 75% of the
21 entire amount of the actual expenditures for the cooperative
22 networks or group delivered services or activity unless that
23 limit is waived by the Director.
24 (Source: P.A. 87-1177.)
25 (20 ILCS 605/605-328 new)
26 (was 20 ILCS 605/47.3)
27 Sec. 605-328. 47.3. The Economic Development Matching
28 Grants Program.
29 (a) The Department, in its discretion, may establish a
30 program of grants to be matched by economic development
31 entities in the State to finance and promote local economic
32 development. The Department is authorized to make grants,
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1 subject to appropriations by the General Assembly for this
2 purpose, from the Economic Development Matching Grants
3 Program Fund, a special fund created in the State treasury,
4 to nonprofit organizations and local units of government
5 whose primary objectives are to promote Illinois communities
6 as sites for industrial and business location and expansion.
7 The goal of the program is to enhance the marketing of
8 Illinois by enabling regions and communities to market
9 themselves and thereby attract new business and industry to
10 the State and enhance the environment of growth for existing
11 business and industry.
12 (b) The applicant's proposed project must have a
13 definable impact on business and industrial attraction,
14 recruitment, or retention. Items eligible for funding
15 consideration include, but are not limited to, specific,
16 time-limited research studies related to industrial and
17 business recruitment or retention, advertising and public
18 relation expenses related to the applicant's proposed
19 project, and production of printed materials and brochures,
20 slide presentations and videotapes, and internet home pages
21 for distribution to those involved in expansion or relocation
22 activities.
23 (c) In determining the recipients of the grants,
24 consideration shall be given to the following factors:
25 (1) Does the project demonstrate collaboration
26 between more than one municipality, county, and region?;
27 (2) Does the project demonstrate substantial
28 potential for economic return from an area outside the
29 applicant's region and provide research measurement?;
30 (3) Does the project show creativity and good
31 design qualities and appropriately target a specific
32 market?;
33 (4) Does the project support the Department's
34 economic development out-of-state marketing efforts?;
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1 (5) Is the project a demonstrable part of a
2 long-range marketing or strategic plan?; and
3 (6) Are the projected costs for the project
4 well-researched and reasonable?.
5 (d) State grant dollars shall be evenly matched by the
6 applicant.
7 (e) Moneys appropriated to the program of grants shall
8 be deposited into the Economic Development Matching Grants
9 Program Fund and shall not lapse into the General Revenue
10 Fund at the end of a fiscal year.
11 (f) The grants made under this Section shall be in
12 addition to any other grant programs currently in place and
13 administered by the Department.
14 (g) The Department shall adopt rules to implement this
15 program.
16 (Source: P.A. 90-660, eff. 7-30-98.)
17 (20 ILCS 605/605-330 new)
18 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
19 Sec. 605-330. Encouragement of new industries; use of
20 Illinois coal. 46.4. To encourage new industrial enterprises
21 to locate in Illinois, by educational promotions pointing out
22 the opportunities of the State as a commercial and industrial
23 field of opportunity, and by solicitation of industrial
24 enterprises, and to encourage new enterprises to use
25 equipment that utilizes Illinois coal.
26 (Source: P.A. 84-741.)
27 (20 ILCS 605/605-335 new)
28 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
29 Sec. 605-335. Incentives to foreign firms. 46.4a.
30 (a) For purposes of this Section:,
31 "Foreign firm" means shall mean any industrial or
32 manufacturing enterprise that is domiciled in a nation other
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1 than the United States.
2 "Incentives" means shall mean a loan or grant or
3 offering, abatement, reduction, or deferral of any tax or
4 regulation imposed by the State of Illinois or a unit of
5 local government when the aggregate total of all those such
6 incentives will exceed $10,000.
7 (b) Whenever the Department offers incentives to a
8 foreign firm designed to result in the location or relocation
9 of a facility in this State that which will result in the
10 creation of more than 25 new jobs, the Department shall
11 prepare an economic impact study prior to the consummation of
12 an agreement with the foreign firm. An economic impact study
13 pursuant to this Section shall, if practical, include but
14 not be limited to the following:
15 (1) An analysis of the number of direct jobs to be
16 created, the number of indirect jobs to be created, and
17 the net gain in employment in relation to jobs to be
18 potentially lost by other similar and competing firms
19 within the industry located within this State.;
20 (2) The effect on local and regional competition
21 within the industry from the industry or business to be
22 located or relocated.;
23 (3) The degree of economic benefits of awarding the
24 same incentives to similar and existing industries or
25 businesses located within the State.;
26 (4) An examination of how the location or
27 relocation of the foreign firm complements existing
28 industries or businesses located within this State.; and
29 (5) The relationship of the fiscal costs to the
30 State or unit of local government resulting from the
31 incentives relative to the fiscal return to the State or
32 units of local government derived from the location or
33 relocation of the firm.
34 (c) A report of any economic impact studies prepared by
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1 the Department in the previous 3 months pursuant to this
2 Section shall be transmitted to the Governor, members of the
3 General Assembly, and the Illinois Economic and Fiscal
4 Commission quarterly. In addition to the report, the
5 Department shall include a statement of incentives subject to
6 the agreement with the foreign firm, the name and type of
7 foreign firm involved and a description of its business or
8 industrial activity, the proposed location of the foreign
9 firm, and a statement describing the rationale for the
10 location relative to other locations within the State. The
11 Illinois Economic and Fiscal Commission shall evaluate each
12 report received from the Department and present the
13 evaluation and report to the Commission members and
14 legislative leaders within 30 thirty days upon receipt of
15 each report from the Department.
16 (Source: P.A. 86-820.)
17 (20 ILCS 605/605-340 new)
18 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
19 Sec. 605-340. Expenses of moving machinery or equipment.
20 46.54. The Department shall annually include in the existing
21 Community Development Assistance set-aside program, monies
22 for moving expenses as an allowable activity. The Such grants
23 for moving expenses shall be for costs associated with the
24 relocation of manufacturing machinery or equipment from
25 another state or territory into Illinois or from one location
26 in Illinois to another location in Illinois. No grant shall
27 be made until the machinery or equipment has been relocated
28 and installed. Grants shall be limited to the those
29 machinery or equipment actually transported and installed.
30 No single grant shall exceed $100,000.
31 (Source: P.A. 84-1308.)
32 (20 ILCS 605/605-345 new)
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1 (was 20 ILCS 605/46.67)
2 Sec. 605-345. 46.67. Pollution control industry
3 incentives. The Department of Commerce and Community Affairs
4 shall examine policies and incentives that will attract
5 industries involved in the design, development, and
6 construction of pollution control devices and shall implement
7 those policies and incentives that the Department determines
8 will attract those businesses.
9 (Source: P.A. 88-339; 88-670, eff. 12-2-94.)
10 (20 ILCS 605/605-350 new)
11 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
12 Sec. 605-350. Science and research facilities. 46.12. To
13 encourage the locating in Illinois of scientific and research
14 development laboratories, industrial parks, and facilities
15 and to cooperate with colleges, universities, non-profit
16 professional societies, and governmental agencies to
17 encourage the development and maximum utilization of science
18 and research facilities.
19 (Source: Laws 1965, p. 1958.)
20 (20 ILCS 605/605-355 new)
21 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
22 46.19a)
23 Sec. 605-355. Grants for research and development in
24 high technology and service sectors.
25 (a) (2) The Department is authorized to establish a
26 program of grants to universities, community colleges,
27 research institutions, research consortiums, other
28 not-for-profit entities, and Illinois businesses for the
29 purpose of fostering research and development in the high
30 technology and the service sector leading to the development
31 of new products and services that can be marketed by Illinois
32 businesses. All grant awards shall include a contract that
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1 which may provide for payment of negotiated royalties to the
2 Department if the product or service to be developed by the
3 grantee is subsequently licensed for production.
4 (b) (a) Grants may be awarded to universities and
5 research institutions to assist them in making their
6 faculties and facilities available to Illinois businesses.
7 The Such grants may be used by a university or research
8 institution for purposes, including but not limited to the
9 following purposes: (i) to establish or enhance computerized
10 cataloging of all research labs and university staff and make
11 those such catalogues available to Illinois businesses; (ii)
12 to market products developed by the university to Illinois
13 businesses; (iii) to review publications in order to
14 identify, catalog, and inform Illinois businesses of new
15 practices in areas such as robotics and, biotechnology; (iv)
16 to build an on-line, information and technology system that
17 relies on other computerized networks in the United States;
18 and (v) to assist in securing temporary replacement for
19 faculty who are granted a leave of absence from their
20 teaching duties for the purpose of working full-time for an
21 Illinois business to assist that business with technology
22 transfer.
23 (c) (b) Grants may be awarded to universities and
24 research institutions, research consortiums, and other
25 not-for-profit entities for the purpose of identifying and
26 supporting Illinois businesses engaged in high technology and
27 service sector enterprises. The Such Illinois businesses
28 identified and funded shall include recipients of Small
29 Business Innovation Research Program funds under subsections
30 (e) through (k) of Section 9 of the Small Business Act. (15
31 U.S.C. 638, subsections (e) through (k) Title 15 United
32 States Codes, subsections 638(e)-638(k)). Entities receiving
33 grants under this subsection (c) paragraph (b) shall be known
34 as commercialization centers and shall engage in one or more
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1 of the following activities:
2 (1) (i) Directing research assistance for new
3 venture creations.;
4 (2) (ii) General feasibility studies of new venture
5 ideas.;
6 (3) (iii) Furthering the technical and intellectual
7 skills of the managers and owners of Illinois small
8 businesses.;
9 (4) (iv) Commercialization of technology and
10 research.;
11 (5) (v) Development of prototypes and testing new
12 products.;
13 (6) (vi) Identifying identify and assisting assist
14 in securing financing.;
15 (7) (vii) Marketing assistance.; and
16 (8) (viii) Assisting Illinois inventors in finding
17 Illinois manufacturers to produce and market their
18 inventions.
19 A commercialization center may charge a nominal fee or
20 accept royalty agreements for conducting feasibility studies
21 and other services.
22 (d) (c) Grants may be awarded by the Department to
23 Illinois businesses to fund research and consultation
24 arrangements between businesses and universities, community
25 colleges, research institutions, research consortiums, and
26 other not-for-profit entities within this State.
27 The Department shall give priority to Illinois small
28 businesses in awarding grants. Each grant awarded under this
29 subsection (d) paragraph (c) shall provide funding for up to
30 50% of the cost of the research or consultation arrangements,
31 not to exceed $100,000; provided that the grant recipient
32 utilizes Illinois not for profit research and academic
33 institutions to perform the research and development function
34 for which grant funds were requested.
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1 (e) (d) Grants may be awarded to research consortiums
2 consortium and other qualified applicants, in conjunction
3 with private sector or federal funding, for other creative
4 systems that bridge university resources and business,
5 technological, production, and development concerns.
6 (f) (e) For the purposes of this Section: subsection
7 (2), (i) "Illinois business" means a "small business concern"
8 as defined in Title 15 United States Code, Section 632, which
9 primarily conducts its business in Illinois;
10 (ii) "High technology" means any area of research or
11 development designed to foster greater knowledge or
12 understanding in fields such as computer science,
13 electronics, physics, chemistry, or biology for the purpose
14 of producing designing, developing, or improving prototypes
15 and new processes.;
16 "Illinois business" means a "small business concern" as
17 defined in 15 U.S.C. 632 that conducts its business
18 primarily in Illinois.
19 "Illinois research institutions" refers to not-for-profit
20 entities, which include federally funded research
21 laboratories, that conduct research and development
22 activities for the purpose of producing, designing,
23 developing, or improving prototypes and new processes.
24 "Other not-for-profit entities" means nonprofit
25 organizations based in Illinois that are primarily devoted
26 to new enterprise or product development.
27 (iii) "Private sector" has shall have the meaning
28 ascribed to it in Title 29 U.S.C. United States Code, Section
29 ;
30 (iv) "University" means either a degree granting
31 institution located in Illinois as defined in Section 2 of
32 the Academic Degree Act, or a State-supported institution of
33 higher learning administered by the Board of Trustees of the
34 University of Illinois, the Board of Trustees of Southern
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1 Illinois University, the Board of Trustees of Chicago State
2 University, the Board of Trustees of Eastern Illinois
3 University, the Board of Trustees of Governors State
4 University, the Board of Trustees of Illinois State
5 University, the Board of Trustees of Northeastern Illinois
6 University, the Board of Trustees of Northern Illinois
7 University, the Board of Trustees of Western Illinois
8 University, or the Illinois Community College Board.;
9 (v) "Venture" means any Illinois business engaged in
10 research and development to create new products or services
11 with high growth potential.; (vi) Illinois research
12 institutions refers to not-for-profit entities, which include
13 federally-funded research laboratories, that conduct research
14 and development activities for the purpose of producing,
15 designing, developing, or improving prototypes and new
16 processes; and (vii) other not-for-profit entities means
17 non-profit organizations based in Illinois that are primarily
18 devoted to new enterprise or product development.
19 (g) (f) The Department may establish a program of grant
20 assistance on a matching basis to universities, community
21 colleges, small business development centers, community
22 action agencies and other not-for-profit economic development
23 agencies to encourage new enterprise development and new
24 business formation and to encourage enterprises in this
25 State. The Department may provide grants, which shall be
26 exempt from the provisions of subsection (3) of this Section
27 35-360, to universities, community colleges, small business
28 development centers, community action agencies, and other
29 not-for-profit economic development entities for the purpose
30 of making loans to small businesses. All grant applications
31 shall contain information as required by the Department,
32 including the following: a program operation plan; a
33 certification and assurance that the small business
34 applicants have received business development training or
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1 education, have a business and finance plan, and have
2 experience in the proposed business area; and a description
3 of the support services that which the grant recipient will
4 provide to the small business. No more than 10% of the grant
5 may be used by the grant recipient for administrative costs
6 associated with the grant. Grant recipients may use grant
7 funds under this program to make loans on terms and
8 conditions favorable to the small business and shall give
9 priority to those businesses located in high poverty areas,
10 enterprise zones, or both.
11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
12 eff. 8-16-97.)
13 (20 ILCS 605/605-360 new)
14 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
15 46.19a)
16 Sec. 605-360. Technology Innovation and
17 Commercialization Grants-In-Aid Council. (3) There is
18 created within the Department, a Technology Innovation and
19 Commercialization Grants-in-Aid Council, which shall consist
20 of 2 representatives of the Department of Commerce and
21 Community Affairs, appointed by the Department; one
22 representative of the Illinois Board of Higher Education,
23 appointed by the Board; one representative of science or
24 engineering, appointed by the Governor; two representatives
25 of business, appointed by the Governor; one representative of
26 small business, appointed by the Governor; one representative
27 of the Department of Agriculture, appointed by the Director
28 of Agriculture; and one representative of agribusiness,
29 appointed by the Director of Agriculture. The Director of
30 Commerce and Community Affairs shall appoint one of the
31 Department's representatives to serve as chairman of the
32 Council. The Council members shall receive no compensation
33 for their services but shall be reimbursed for their expenses
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1 actually incurred by them in the performance of their duties
2 under this Section subsection. The Department shall provide
3 staff services to the Council. The Council shall provide for
4 review and evaluation of all applications received by the
5 Department under subsection (2) of this Section 605-355 and
6 make recommendations on those projects to be funded. The
7 Council shall also assist the Department in monitoring the
8 projects and in evaluating the impact of the program on
9 technological innovation and business development within the
10 State.
11 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
12 eff. 8-16-97.)
13 (20 ILCS 605/605-365 new)
14 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
15 46.19a)
16 Sec. 605-365. Technology Innovation and
17 Commercialization Fund. (4) There is hereby created a
18 special fund in the State treasury to be known as the
19 Technology Innovation and Commercialization Fund. The moneys
20 in the such Fund may be used, subject to appropriation, only
21 for making grants pursuant to subsection (2) of this Section
22 605-355 and for the purposes of the Technology Advancement
23 and Development Act. All royalties received by the Department
24 shall be deposited into the in such Fund.
25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
26 eff. 8-16-97.)
27 (20 ILCS 605/605-370 new)
28 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
29 Sec. 605-370. Application of science and technology.
30 46.28. To accept and use planning grants or other financial
31 assistance from the federal government and from other sources
32 set forth in Section 605-40 47.2 for support of planning
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1 studies and activities, performance of administrative
2 functions, and technical services carried out under the State
3 Technical Services Act of 1965, Public Law 89-182, as now and
4 hereafter amended, and any subsequent legislation whose
5 purpose is to achieve a wider diffusion and more effective
6 application of science and technology in business, commerce,
7 and industry. To cooperate with colleges, universities,
8 non-profit organizations and associations, and governmental
9 agencies and to sponsor programs and activities designed to
10 encourage wider diffusion and more effective application of
11 science and technology in business, commerce, and industry.
12 (Source: Laws 1968, p. 447.)
13 (20 ILCS 605/605-375 new)
14 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
15 Sec. 605-375. Undeveloped patents. 46.58. To assist in
16 the transfer of undeveloped patents held by institutions of
17 higher education in this State to Illinois technology and
18 business incubators for commercial development and
19 application.
20 (Source: P.A. 85-1209.)
21 (20 ILCS 605/605-380 new)
22 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
23 Sec. 605-380. Identifying, developing, and
24 commercializing technology. 46.60. To cooperate with the
25 Illinois Coalition for the purpose of administering programs
26 the purpose of which is to identify, develop, or
27 commercialize technology or to promote private sector efforts
28 to identify, develop, or commercialize technology.
29 (Source: P.A. 86-618.)
30 (20 ILCS 605/605-385 new)
31 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
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1 Sec. 605-385. Technology Challenge Grant Program;
2 Advanced Technology Investment Program. 46.62. To establish
3 and administer a Technology Challenge Grant Program and an
4 Advanced Technology Investment Program as provided by the
5 Technology Advancement and Development Act and to expend
6 appropriations in accordance therewith.
7 (Source: P.A. 86-870; 86-1028.)
8 (20 ILCS 605/605-400 new)
9 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
10 Sec. 605-400. Office of Urban Assistance. 46.19c. The
11 Department shall provide for, staff, and administer an Office
12 of Urban Assistance, which shall plan and coordinate existing
13 State programs designed to aid and stimulate the economic
14 growth of depressed urban areas. Among other duties assigned
15 by the Department, the Office shall have the following
16 duties:
17 (1) (a) To coordinate the activities of the
18 following units and programs of the Department of
19 Commerce and Community Affairs and all other present and
20 future units and programs of the Department that which
21 impact depressed urban areas to the extent that they
22 impact upon or concern urban economics:
23 (A) (1) Enterprise Zone Program.;
24 (B) (2) Small Business Development Center Program.;
25 (3) Program which assist in the
27 development of community infrastructure.;
28 (D) (4) Illinois House Energy Assistance Program.;
29 (E) (5) Illinois Home Weatherization Assistance
30 Program.;
31 (F) (6) Programs financed with Community Services
32 Block Grant funds.;
33 (G) (7) Industrial Training Program.;
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1 (H) (8) Technology Transfer and Innovation Program.
2 ;
3 (I) (9) Rental Rehabilitation Program.;
4 (J) (10) Displaced Homemaker Program.; and
5 (K) (11) Programs under the federal Job Training
6 Partnership Act.
7 The Office shall convene quarterly meetings of
8 representatives who are designated by the Department to
9 represent the units and programs listed in items (A)
10 paragraphs (1) through (K) (11).
11 (2) (b) To gather information concerning any State or
12 federal program that which is designed to revitalize or
13 assist depressed urban areas in the State and to provide this
14 information to public and private entities upon request.
15 (3) (c) To promote and assist in developing urban inner
16 city industrial parks.
17 (4) (d) To promote economic parity and the autonomy of
18 citizens of this State through promoting and assisting the
19 development of urban inner city small business development
20 centers, urban youth unemployment projects, small business
21 incubators, family resource centers, urban developments banks
22 ,; self managed urban businesses, and plans for urban
23 infrastructure projects over the next 25 years.
24 (5) (e) To recommend to the General Assembly and the
25 Governor economic policies for urban areas and planning
26 models that will result in the reconstruction of the economy
27 of urban areas, especially those urban areas where
28 economically and socially disadvantaged people live, to the
29 General Assembly and the Governor.
30 (6) (f) To make recommendations to the General Assembly
31 and the Governor on the establishment of urban economic
32 policy in the areas of (i) (1) housing, (ii) (2) scientific
33 research, (iii) (3) urban youth unemployment, (iv) (4)
34 business incubators and family resource centers in urban
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1 inner cities, and (v) (5) alternative energy resource
2 development, and the need thereof, in urban areas as part of
3 the department's 5-year five year plan for economic
4 development.
5 (7) (g) To make any rules and regulations necessary to
6 carry out its responsibilities under the Civil Administrative
7 Code of Illinois this Act.
8 (8) (h) To encourage new industrial enterprises to
9 locate in urban areas (i) through educational promotions that
10 which point out the opportunities of any such area as a
11 commercial and industrial field of opportunity, and (ii) by
12 the solicitation of industrial enterprises; and to do such
13 other acts that as shall, in the judgment of the Office, are
14 be necessary and proper in fostering and promoting the
15 industrial development and economic welfare of any urban area
16 ., however The Office, however, shall have no power to
17 require reports from or to regulate any business.
18 (9) (i) To accept grants, loans, or appropriations from
19 the federal government or the State, or any agency or
20 instrumentality thereof, to be used for the operating
21 expenses of the Office, or for any purposes of the Office,
22 including the making of direct loans or grants of those such
23 funds for public, private, experimental, or cooperative
24 housing, scientific research, urban inner city industrial
25 parks, urban youth employment projects, business incubators,
26 urban infrastructure development, alternative energy resource
27 development, community facilities needed in urban areas, and
28 any other purpose related to the revitalization of urban
29 areas.
30 (Source: P.A. 84-1090.)
31 (20 ILCS 605/605-405 new)
32 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
33 Sec. 605-405. Jobs and investment in economic development
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1 project area. 46.5a. To encourage the creation or retention
2 of not less than 2,000 full-time equivalent jobs and that
3 private investment in the amount of not less than
4 $100,000,000 shall occur in an economic development project
5 area as defined in the Economic Development Area Tax
6 Increment Allocation Act: by securing by acquisition, gift,
7 grant, exchange, or purchase the rights of way, easements,
8 and such fee simple titles that as may be necessary to any
9 and all real property required for site acquisition for use
10 in retaining such industry or business concern; by improving
11 or arranging to improve real property so acquired, including
12 but not limited to local public infrastructure improvements;
13 private structural improvements on the land; and by leasing
14 or conveying the such land, or interest in land, so acquired
15 and so improved.
16 For the purpose of this Section, "local public
17 infrastructure improvements" means local roads and streets,
18 access roads, bridges, and sidewalks; waste disposal systems,
19 water and sewer line extensions, water distribution and
20 purification facilities, and sewage treatment facilities;
21 rail or air or water port improvements; gas and electric
22 utility facilities; transit capital facilities; development
23 and improvement of publicly owned industrial and commercial
24 sites; or other public capital improvements that which are an
25 essential precondition to a business retention of that
26 industry or business concern as defined in this Section.
27 (Source: P.A. 86-38.)
28 (20 ILCS 605/605-410 new)
29 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
30 Sec. 605-410. Rural community development. 46.19d. The
31 Department shall provide for staff for and administer a
32 program in which the Department shall plan and coordinate
33 State efforts designed to aid and stimulate the development
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1 of rural communities as well as other communities with
2 special needs in order to improve their competitiveness for
3 business retention, expansion, and attraction. Among other
4 duties, the Department, through the program, may do all of
5 the following:
6 (1) (a) Provide information, technical support, and
7 assistance to local officials, including, but not limited to,
8 assistance in grant applications, developing economic
9 development strategies, and complying with State and federal
10 laws and rules and regulations affecting local governments.
11 All State agencies shall cooperate with the program to
12 provide the necessary information, materials, and assistance
13 to enable the Department to carry out its function in the
14 program in an effective manner. Each agency shall designate
15 an individual to serve as liaison to the program to provide
16 information and materials and to respond to requests for
17 assistance from communities selecting to work through this
18 program.
19 (2) (b) Work with agencies in developing flexible
20 regulations through a regulatory review program.
21 (3) (c) Evaluate and review the impact of existing
22 economic development programs on the rural and special need
23 communities selecting to work through this program.
24 (4) (d) Assist the communities in conducting
25 self-assessments to identify specific industries and
26 businesses in need of targeted assistance as well as actions
27 that the community might take to become more competitive for
28 business retention, expansion, and attraction.
29 (5) (e) Assist in formulating specific and measurable
30 economic development objectives for rural and special need
31 communities selecting to work through the program.
32 (6) (f) Administer the Rural Diversification Act.
33 (7) (g) Provide grants for the purposes described in
34 this Section with funds as appropriated by the General
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1 Assembly.
2 (Source: P.A. 89-262, eff. 8-10-95.)
3 (20 ILCS 605/605-415 new)
4 (was 20 ILCS 605/46.19j)
5 Sec. 605-415. 46.19j. Job Training and Economic
6 Development Demonstration Grant Program.
7 (a) Legislative findings. The General Assembly finds
8 that:
9 (1) Despite the large number of unemployed job
10 seekers, many employers are having difficulty matching
11 the skills they require with the skills of workers; a
12 similar problem exists in industries where overall
13 employment may not be expanding but there is an acute
14 need for skilled workers in particular occupations.;
15 (2) The State of Illinois should foster local
16 economic development by linking the job training of
17 unemployed disadvantaged citizens with the workforce
18 needs of local business and industry.; and
19 (3) Employers often need assistance in developing
20 training resources that will provide work opportunities
21 for disadvantaged populations.
22 (b) Definitions. As used in this Section:
23 "Community based provider" means a not-for-profit
24 organization, with local boards of directors, that directly
25 provides job training services.
26 "Disadvantaged persons" has the same meaning as the term
27 is defined in Titles II-A and II-C of the federal Job
28 Training Partnership Act.
29 "Training partners" means a community-based provider and
30 one or more employers who have established training and
31 placement linkages.
32 (c) From funds appropriated for that purpose, the
33 Department of Commerce and Community Affairs shall administer
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1 a Job Training and Economic Development Demonstration Grant
2 Program. The Director shall make not less than 12 and not
3 more than 20 demonstration project grants to community-based
4 providers. The grants shall be made to support the
5 following:
6 (1) Partnerships between community-based providers
7 and employers for the customized training of existing
8 low-skilled, low-wage employees and newly hired
9 disadvantaged persons.; and
10 (2) Partnerships between community-based providers
11 and employers to develop and operate training programs
12 that link the work force needs of local industry with the
13 job training of disadvantaged persons.
14 (d) For projects created under paragraph (1) of
15 subsection (c):
16 (1) The Department shall give a priority to
17 projects that include an in-kind match by an employer in
18 partnership with a community-based provider and projects
19 that use instructional materials and training instructors
20 directly used in the specific industry sector of the
21 partnership employer.; and
22 (2) The partnership employer must be an active
23 participant in the curriculum development, employ under
24 250 workers, and train primarily disadvantaged
25 populations.
26 (e) For projects created under paragraph (2) of
27 subsection (c):
28 (1) Community based organizations shall assess the
29 employment barriers and needs of local residents and work
30 in partnership with local economic development
31 organizations to identify the priority workforce needs of
32 the local industry.;
33 (2) Training partners, (that is, community-based
34 organizations and employers), shall work together to
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1 design programs with maximum benefits to local
2 disadvantaged persons and local employers.;
3 (3) Employers must be involved in identifying
4 specific skill-training needs, planning curriculum,
5 assisting in training activities, providing job
6 opportunities, and coordinating job retention for people
7 hired after training through this program and follow-up
8 support.; and
9 (4) The community-based organizations shall serve
10 disadvantaged persons, including welfare recipients.
11 (f) The Department shall adopt rules for the grant
12 program and shall create a competitive application procedure
13 for those grants to be awarded beginning in fiscal year 1998.
14 Grants shall be based on a performance based contracting
15 system. Each grant shall be based on the cost of providing
16 the training services and the goals negotiated and made a
17 part of the contract between the Department and the training
18 partners. The goals shall include the number of people to be
19 trained, the number who stay in the program, the number who
20 complete the program, the number who enter employment, their
21 wages, and the number who retain employment. The level of
22 success in achieving employment, wage, and retention goals
23 shall be a primary consideration for determining contract
24 renewals and subsequent funding levels. In setting the
25 goals, due consideration shall be given to the education,
26 work experience, and job readiness of the trainees; their
27 barriers to employment; and the local job market. Periodic
28 payments under the contracts shall be based on the degree to
29 which the relevant negotiated goals have been met during the
30 payment period.
31 (Source: P.A. 90-474, eff. 1-1-98; 90-655, eff. 7-30-98;
32 90-758, eff. 8-14-98.)
33 (20 ILCS 605/605-450 new)
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1 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
2 Sec. 605-450. 46.19g. Community economic emergencies.
3 (a) Upon the recommendation of the Director of Commerce
4 and Community Affairs, the Governor may find that an economic
5 emergency exists in a designated Illinois community. The
6 finding shall be based on one or more of the following
7 conditions:
8 (1) There has been a relocation or closing of
9 operations of a major private employer in the community.;
10 ;
13 (3) A natural disaster has resulted in substantial
14 damage to the local economy.;
15 (4) The community or a portion of it has been
16 declared a disaster area by the federal government.; or
17 (5) A decision by the federal or State government,
18 or by a foreign government, has done substantial damage
19 to the local economy.
20 (b) Upon a finding by the Governor that an economic
21 emergency exists in a designated Illinois community, the
22 Governor shall convene an Economic Emergency Council. The
23 Council shall consist of 11 members as follows: the Director
24 of Commerce and Community Affairs, ex officio, the Director
25 of the Illinois Development Finance Authority, ex officio,
26 the Director of the Illinois Housing Development Authority,
27 ex officio, and 8 members representing the designated
28 community appointed by the Governor with the advice and
29 consent of the Senate. Of the 8 members appointed by the
30 Governor, 4 shall be representatives of business and finance,
31 2 shall be representatives of labor, and 2 shall be
32 representatives of education. Each member of the General
33 Assembly whose legislative district or representative
34 district lies in whole or in part within the designated
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1 community shall also be a member of the Council, ex officio.
2 Members of a Council shall serve without compensation, but
3 may be reimbursed for their reasonable and necessary expenses
4 incurred in the performance of their duties.
5 (c) An Economic Emergency Council shall develop a plan
6 to address the designated community's economic needs and
7 shall recommend that plan to the Governor and to the General
8 Assembly for further resolution and appropriation. The plan
9 may include extending enterprise zone tax incentives, making
10 economic development business loans and grants, making
11 infrastructure rehabilitation loans and grants, extending job
12 training and retraining assistance, extending tax increment
13 financing, and other appropriate economic programs or
14 incentives.
15 (d) The Illinois Economic Emergency Assistance Fund is
16 created as a special fund in the State treasury for the
17 purpose of channeling moneys to designated communities upon
18 further resolution and appropriation by the General
19 Assembly. In addition to amounts that may be appropriated to
20 the fund, gifts or grants from any legal source may be
21 deposited into the fund. Any fees or other charges collected
22 by the Department in connection with programs under this
23 Section shall also be deposited into the fund.
24 (Source: P.A. 86-455.)
25 (20 ILCS 605/605-490 new)
26 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
27 Sec. 605-490. Recommending legislation. 46.10. To
28 recommend legislation relating to the economic development of
29 the State.
30 (Source: Laws 1965, p. 1958.)
31 (20 ILCS 605/605-495 new)
32 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
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1 Sec. 605-495. Other acts to foster and promote industrial
2 development and economic welfare. 46.19. To do such other
3 acts that as shall, in the judgment of the Department, are be
4 46.13. To
12 create a Business Assistance Office to do the following:
13 (1) (a) Provide information to new and existing
14 businesses for all State government forms and applications
15 and make this information readily available through a
16 business permit center. The Office shall not assume any
17 regulatory function. All State agencies shall cooperate with
18 the business permit center to provide the necessary
19 information, materials, and assistance to enable the center
20 to carry out its function in an effective manner. Each
21 agency shall designate an individual to serve as liaison to
22 the center to provide information and materials and to
23 respond to requests for assistance from businesses.
24 (2) (b) Provide technical and managerial assistance to
25 entrepreneurs and small businesses by (i) (1) contracting
26 with local development organizations, chambers of commerce,
27 and industry or trade associations with technical and
28 managerial expertise located in the State, whenever possible,
29 and (ii) (2) establishing a network of small business
30 development centers throughout the State.
31 (3) (c) Assess the fiscal impact of proposed rules upon
32 small business and work with agencies in developing flexible
33 regulations through a regulatory review program.
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1 (4) (d) Provide detailed and comprehensive assistance to
2 businesses interested in obtaining federal or State
3 government contracts through a network of local procurement
4 centers. The Department shall make a special and continuing
5 effort to assist minority and female owned businesses,
6 including but not limited to the designation of special
7 minority and female business advocates, and shall make
8 additional efforts to assist those located in labor surplus
9 areas. The Department shall, through its network of local
10 procurement centers, make every effort to provide
11 opportunities for small businesses to participate in the
12 procurement process. The Department shall utilize one or
13 more of the following techniques. These techniques are to be
14 in addition to any other procurement requirements imposed by
15 Public Act 83-1341 this amendatory Act of 1984 or by any
16 other Act.
17 (A) (1) Advance notice by the Department or other
18 appropriate State entity of possible procurement
19 opportunities should be made available to interested
20 small businesses.
21 (B) (2) Publication of procurement opportunities in
22 publications likely to be obtained by small businesses.
23 (C) (3) Direct notification, whenever the
24 Department deems it feasible, of interested small
25 businesses.
26 (D) (4) Conduct of public hearings and training
27 sessions, when possible, regarding State and federal
28 government procurement policies.
29 (5) The Department of Central Management Services shall
30 cooperate with the Department in providing information on the
31 method and procedure by which a small business becomes
32 involved in the State or federal government procurement
33 process.
34 (5) (e) Study the total number of registrations,
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1 licenses, and reports that which must be filed in order to do
2 business in this State, seek input from the directors of all
3 regulatory agencies, and submit a report on how this
4 paperwork might be reduced to the Governor and the General
5 Assembly no later than January 1, 1985.
6 (Source: P.A. 86-808; 87-235.)
7 (20 ILCS 605/605-505 new)
8 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
9 Sec. 605-505. Aid in obtaining governmental and private
10 services. 46.15. To aid Illinois businesses in obtaining
11 services available from governmental and private sources.
12 (Source: Laws 1965, p. 1958.)
13 (20 ILCS 605/605-510 new)
14 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
15 Sec. 605-510. Study of laws affecting small business.
16 46.19h. To study the effect of laws affecting small business
17 to determine whether if those laws impede the creation of
18 small businesses or create economic damages for any small
19 business group that may jeopardize the small business group's
20 continuation in the marketplace or its valuable contribution
21 to the economic growth of this State. The study shall be
22 conducted in cooperation with the department or agency
23 administering the law whose effect is the subject of the
24 study. A general study of the laws affecting the creation of
25 small businesses in this State shall be undertaken by the
26 Department and the results shall be reported to the Governor
27 and the General Assembly by January 1, 1996.
28 An economic impact review shall be made at least every 2
29 years, and pertinent information shall be gathered from the
30 business segment affected to determine whether if the laws
31 need amendment to relieve business losses while retaining the
32 substance of the legislation, or whether the original purpose
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1 has been accomplished and the laws should be repealed. The
2 review shall be reported to the Governor, the General
3 Assembly, and the administrating State agency, as well as to
4 the business associations most directly representing the
5 business group involved.
6 The Director shall appoint a task force to assist the
7 Department in conducting the studies and reviews required
8 under this Section. The task force shall consist of persons
9 representing small business and persons representing the
10 affected State departments and agencies. Members of the task
11 force shall serve without compensation but may be reimbursed
12 for necessary expenses in connection with their duties out of
13 money available to the Department for that purpose.
14 (Source: P.A. 89-259, eff. 8-10-95.)
15 (20 ILCS 605/605-515 new)
16 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
17 Sec. 605-515. 46.13a. Environmental Regulatory Assistance
18 Program.
19 (a) The following terms, whenever used or referred to In
20 this Section, shall have the following meanings ascribed to
21 them, except where the context clearly requires otherwise,:
22 (1) "small business stationary source" means a business that
23 is owned or operated by a person that employs 100 or fewer
24 individuals; is a small business; is not a major stationary
25 source as defined in Titles I and III of the federal 1990
26 Clean Air Act Amendments; does not emit 50 tons or more per
27 year of any regulated pollutant (as defined under the federal
28 Clean Air Act); and emits less than 75 tons per year of all
29 regulated pollutants.
30 (2) "Department" means the Illinois Department of
31 Commerce and Community Affairs.
32 (b) The Department may:
33 (1) Provide access to technical and compliance
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1 information for Illinois firms, including small and
2 middle market companies, to facilitate local business
3 compliance with the federal, State, and local
4 environmental regulations.
5 (2) Coordinate and enter into cooperative
6 agreements with a State ombudsman office, which shall be
7 established in accordance with the federal 1990 Clean Air
8 Act Amendments to provide direct oversight to the program
9 established under that Act.
10 (3) Enter into contracts, cooperative agreements,
11 and financing agreements and establish and collect
12 charges and fees necessary or incidental to the
13 performance of duties and the execution of powers under
14 this Section.
15 (4) Accept and expend, subject to appropriation,
16 gifts, grants, awards, funds, contributions, charges,
17 fees, and other financial or nonfinancial aid from
18 federal, State, and local governmental agencies,
19 businesses, educational agencies, not-for-profit
20 organizations, and other entities, for the purposes of
21 this Section.
22 (5) Establish, staff, and administer programs and
23 services and adopt such rules and regulations as may be
24 necessary to carry out the intent of this Section and
25 Section 507, "Small Business Stationary Source Technical
26 and Environmental Compliance Assistance Program", of the
27 federal 1990 Clean Air Act Amendments.
28 (c) The Department's environmental compliance programs
29 and services for businesses may include, but need not be
30 limited to, the following:
31 (1) Communication and outreach services to or on
32 behalf of individual companies, including collection and
33 compilation of appropriate information on regulatory
34 compliance issues and control technologies, and
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1 dissemination of that such information through
2 publications, direct mailings, electronic communications,
3 conferences, workshops, one-on-one counseling, and other
4 means of technical assistance.
5 (2) Provision of referrals and access to technical
6 assistance, pollution prevention and facility audits, and
7 otherwise serving as an information clearinghouse on
8 pollution prevention through the coordination of the
9 Waste Management and Research Center, a division of the
10 Department of Natural Resources. In addition,
11 environmental and regulatory compliance issues and
12 techniques, which may include business rights and
13 responsibilities, applicable permitting and compliance
14 requirements, compliance methods and acceptable control
15 technologies, release detection, and other applicable
16 information may be provided.
17 (3) Coordination with and provision of
18 administrative and logistical support to the State
19 Compliance Advisory Panel.
20 (d) There is hereby created a special fund in the State
21 Treasury to be known as the Small Business Environmental
22 Assistance Fund. Monies received under subdivision (b)(4) of
23 this Section shall be deposited into the Fund.
24 Monies in the Small Business Environmental Assistance
25 Fund may be used, subject to appropriation, only for the
26 purposes authorized by this Section.
27 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
28 (20 ILCS 605/605-520 new)
29 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
30 Sec. 605-520. Grants to businesses in municipal central
31 business districts. 46.63. To award grants to businesses in
32 central business districts of municipalities to encourage and
33 assist the businesses business in maintaining their
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1 operations its operation in those areas that area.
2 (Source: P.A. 87-156.)
3 (20 ILCS 605/605-525 new)
4 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
5 Sec. 605-525. Minority Controlled and Female Controlled
6 Business Loan Board. 46.55. There is hereby created a
7 Minority Controlled and Female Controlled Businesses Loan
8 Board, hereinafter referred to as the Board, consisting of 6
9 members, appointed by the Governor with the advice and
10 consent of the Senate. No more than 3 members shall be of
11 the same political party. For the initial appointments to
12 the Board, 3 members shall be appointed to serve a 2 year
13 term and 3 members shall be appointed to serve a 4 year term.
14 Successor members shall serve for terms of 4 years.
15 The Board shall maintain an office in each of the
16 following areas: Alexander or Pulaski County, East St. Louis,
17 and the City of Chicago. For the purpose of this Act, the
18 terms "minority person", "female", "minority owned business"
19 and "female owned business" shall have the definitions of
20 those terms provided in Section 2 of the Business Enterprise
21 for Minorities, Females, and Persons with Disabilities Act
22 "An Act to create the Minority and Female Business Enterprise
23 Act", approved September 6, 1984.
24 The Board shall have the authority to make direct grants
25 and low interest loans to minority controlled businesses and
26 female controlled businesses in East St. Louis, the City of
27 Chicago, and either Alexander County or Pulaski County, from
28 appropriations for that purpose to the Department of Commerce
29 and Community Affairs. The Board shall establish and publish
30 guidelines to be followed in making the such grants and
31 loans.
32 Grant funds will be allowed to reimburse businesses for
33 expenses incurred in the preparation of proposals that are
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1 accepted for loan assistance and; also, to maintain
2 administering offices in each of the 4 target areas. Loan
3 funds will be awarded at a cost of no more than 3% per annum
4 for up to 20 years to such businesses that are existing or
5 proposed.
6 (Source: P.A. 84-1308.)
7 (20 ILCS 605/605-575 new)
8 (was 20 ILCS 605/46.69)
9 Sec. 605-575. 46.69. State building requirements. After
10 the Department has received the recommendations from the
11 Illinois Building Commission, the Department shall establish
12 a consolidated clearinghouse containing all existing State
13 building requirements and all information concerning those
14 requirements. The Department shall make the information
15 available to the public upon request. The Department shall
16 assist the public in determining which State building
17 requirements apply to any specified project.
18 (Source: P.A. 90-269, eff. 1-1-98.)
19 (20 ILCS 605/605-600 new)
20 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
21 Sec. 605-600. Buy Illinois Program. 46.19f. The
22 Department of Commerce and Community Affairs shall have the
23 authority to establish and administer a Buy Illinois Program,
24 which may include, but is not limited to, the following
25 powers and duties:
26 (1) To accept grants, loans, or appropriations from the
27 federal government or the State or any agency or
28 instrumentality thereof, and to assess fees for any services
29 performed under the Buy Illinois Program, to carry out the
30 program.
31 (2) To form a Buy Illinois Council, made up of Illinois
32 large firms and small firms, to provide advice and counsel in
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1 directing a statewide program.
2 (3) To publicize and advertise to Illinois firms and
3 government agencies the importance and benefits of buying
4 goods and services provided by vendors located within the
5 State.
6 (4) To secure the cooperation of Illinois' large firms,
7 federal, State and local governments, non-profit agencies,
8 international organizations, and others to carry out this
9 program.
10 (5) To match the needs for products and services by
11 business firms and government agencies with the capabilities
12 of small Illinois firms that can provide those such needed
13 goods and services.
14 (6) To hold purchasing agent seminars, fairs,
15 conferences and workshops to aid small Illinois businesses in
16 obtaining contracts for goods and services from larger firms
17 and government agencies to within the State.
18 (7) To assist business firms and government agencies to
19 analyze their buying activities and to find ways to carry out
20 those such activities in an effective and economical manner,
21 while promoting subcontract activity with small Illinois
22 firms.
23 (8) To establish manual and electronic buying
24 directories, including stand alone computer data bases that
25 list qualified vendors and procurement opportunities.
26 (9) To promote through other means the use by
27 international agencies, government agencies, and larger
28 businesses of products and services produced by small
29 Illinois firms.
30 (10) To subcontract, grant funds, or otherwise
31 participate with qualified private firms, existing
32 procurement centers, or other organizations that have
33 designed programs approved in accordance with procedures as
34 determined by the Department, that which are aimed at
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1 assisting small Illinois firms in obtaining contracts for
2 products and services from local government agencies and
3 larger Illinois businesses.
4 (11) To develop and administer guidelines for projects
5 that provide assistance to the Department in connection with
6 the Buy Illinois Program.
7 (Source: P.A. 85-975; 86-1475.)
8 (20 ILCS 605/605-605 new)
9 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
10 Sec. 605-605. Illinois Product and Services Exchange Act.
11 46.57. (a) This Section shall be known and may be cited as
12 the "Illinois Product and Services Exchange Act".
13 (b) It is hereby found and declared that many large
14 Illinois firms and government agencies are purchasing
15 products and services from vendors in locations other than
16 Illinois, and that there is a need to assist those such large
17 businesses and government agencies in locating Illinois
18 vendors who can provide those such products and services of
19 equal quality and at comparable or lower costs; it is further
20 found and declared that the purchase of needed products and
21 services within the State by large firms and government
22 agencies would aid the survival and expansion of small
23 businesses in Illinois and help to strengthen the State's
24 economy.
25 (c) As used in this Section, "Illinois Product and
26 Services Exchange" means a program aimed at promoting the
27 purchase of goods and services produced in Illinois by firms
28 and government agencies within the State.
29 (d) The Department shall have the authority to establish
30 and administer an Illinois Product and Services Exchange
31 Program, which may include, but is not limited to, the
32 following powers and duties:
33 (1) To accept grants, loans, or appropriations from
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1 the federal government or the State or any agency or
2 instrumentality thereof, and to assess fees for any
3 services performed under the Illinois Product and
4 Services Exchange Program, to carry out the Program.;
5 (2) To form an Illinois Product and Services
6 Exchange Council, made up of Illinois large firms and
7 small firms to provide advice and counsel in directing a
8 statewide Product and Services Exchange Program.;
9 (3) To publicize and advertise to Illinois firms
10 and government agencies the importance and benefits of
11 buying goods and services provided by vendors located
12 within the State.;
13 (4) To secure the cooperation of Illinois' large
14 firms, federal, State, and local governments, non-profit
15 agencies, and others to carry out this program.;
16 (5) To match the needs for products and services of
17 business firms and government agencies with the
18 capabilities of small Illinois firms that can provide
19 those such needed goods and services.;
20 (6) To hold purchasing agent seminars, fairs,
21 conferences, and workshops to aid small Illinois
22 businesses in obtaining contracts for goods and services
23 from larger firms and government agencies within the
24 State.;
25 (7) To assist business firms and government
26 agencies to analyze their buying activities and to find
27 ways to carry out those such activities in an effective
28 and economical manner, while promoting subcontract
29 activity with small Illinois firms.;
30 (8) To establish manual and electronic buying
31 directories, including stand alone computer data bases
32 that list qualified vendors and procurement opportunities
33 .;
34 (9) To promote through other means the use by
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1 government agencies and large businesses of products and
2 services produced by small Illinois firms.;
3 (10) To subcontract, grant funds, or otherwise
4 participate with qualified private firms, existing
5 procurement centers, or other organizations that have
6 designed programs, approved in accordance with procedures
7 determined by the Department, that which are aimed at
8 assisting small Illinois firms obtain contracts for
9 products and services from local government agencies and
10 large Illinois businesses.; and
11 (11) To develop and administer guidelines for
12 projects that provide assistance to the Department in
13 connection with the Illinois Product and Services
14 Exchange Program.
15 (Source: P.A. 85-138.)
16 (20 ILCS 605/605-610 new)
17 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
18 Sec. 605-610. Assistance with foreign trade. 46.14. To
19 assist Illinois businesses to engage in, expand, and increase
20 foreign trade.
21 (Source: Laws 1965, p. 1958.)
22 (20 ILCS 605/605-615 new)
23 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
24 Sec. 605-615. Assistance with exports. 46.19e. The
25 Department shall have the following duties and
26 responsibilities in regard to the Civil Administrative Code
27 of Illinois this Act:
28 (1) To (a) establish or cosponsor mentoring conferences,
29 utilizing experienced manufacturing exporters, to explain and
30 provide information to prospective export manufacturers and
31 businesses concerning the process of exporting to both
32 domestic and international opportunities.;
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1 (2) To (b) provide technical assistance to prospective
2 export manufacturers and businesses seeking to establish
3 domestic and international export opportunities.;
4 (3) To (c) coordinate with the Department's Small
5 Business Development Centers to link buyers with prospective
6 export manufacturers and businesses.;
7 (4) To (d) promote, both domestically and abroad,
8 products made in Illinois in order to inform consumers and
9 buyers of their high quality standards and craftsmanship.;
10 (5) To (e) provide technical assistance toward
11 establishment of export trade corporations in the private
12 sector.;
13 (6) To (f) develop an electronic data base to compile
14 information on international trade and investment activities
15 in Illinois companies, provide access to research and
16 business opportunities through external data bases, and
17 connect this data base through international communication
18 systems with appropriate domestic and worldwide networks
19 users.;
20 (7) To (g) collect and distribute to foreign commercial
21 libraries directories, catalogs, brochures, and other
22 information of value to foreign businesses considering doing
23 business in this State.;
24 (8) To (h) establish an export finance awareness program
25 to provide information to banking organizations about methods
26 used by banks to provide financing for businesses engaged in
27 exporting and about other State and federal programs to
28 promote and expedite export financing.; and
29 (9) To (i) undertake a survey of Illinois' businesses to
30 identify exportable products and the businesses interested in
31 exporting.
32 (Source: P.A. 85-975.)
33 (20 ILCS 605/605-620 new)
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1 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
2 Sec. 605-620. Exports of professional services and
3 agricultural and manufactured products. 46.24. In cooperation
4 with the Department of Agriculture and the International
5 Trade and Port Promotion Advisory Committee, to (i) (a)
6 provide assistance to those manufacturing and service
7 companies that who desire to export agricultural machinery,
8 implements, equipment, other manufactured products, and
9 professional services; (ii) (b) encourage Illinois companies
10 to initiate exporting or increase their export sales of
11 agricultural and manufactured products; (iii) (c) cooperate
12 with agencies and instrumentalities of the federal government
13 in trade development activities in overseas markets; (iv) (d)
14 (e) promote the State of Illinois as a source of agricultural
17 and manufactured products through information and promotion
18 campaigns overseas; and (vi) (f) conduct an information
19 program for foreign buyers of Illinois agricultural and
20 manufactured products.
21 (Source: P.A. 77-1335.)
22 (20 ILCS 605/605-625 new)
23 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
24 Sec. 605-625. Promotion of water ports and airport
25 facilities. 46.25. In cooperation with the Department of
26 Agriculture and the International Trade and Port Promotion
27 Advisory Committee, to (i) (a) establish a freight rate
28 information service for U.S. and foreign shippers; (ii) (b)
29 promote the advantages of Illinois water ports and existing
30 airport facilities through appropriate means and media in
31 this country and overseas; and (iii) (c) cooperate with the
32 export expansion projects and any other activity that results
33 in the additional flow of agricultural and manufactured
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1 products through the Illinois water ports and existing
2 airport facilities.
3 (Source: P.A. 77-1335.)
4 (20 ILCS 605/605-630 new)
5 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
6 Sec. 605-630. Overseas offices. 46.26. In cooperation
7 with the Department of Agriculture and with the counsel of
8 the International Trade and Port Promotion Advisory
9 Committee, to establish overseas offices for (i) (a) the
10 promotion of the export of Illinois agricultural and
11 manufactured products; (ii) (b) representation of Illinois
12 seaports; (iii) (c) economic development; and (iv) (d)
13 tourism promotion and services.
14 (Source: P.A. 78-255.)
15 (20 ILCS 605/605-675 new)
16 (was 20 ILCS 605/46.66)
17 Sec. 605-675. 46.66. Exporter award program. The
18 Department shall establish and operate, in cooperation with
19 the Department of Agriculture and the Illinois Development
20 Finance Authority, an annual awards program to recognize
21 Illinois-based exporters. In developing criteria for the
22 awards, the Department shall give consideration to the
23 exporting efforts of small and medium sized businesses,
24 first-time exporters, and other appropriate categories.
25 (Source: P.A. 88-100; 88-670, eff. 12-2-94.)
26 (20 ILCS 605/605-700 new)
27 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
28 Sec. 605-700. Tourism promotion. 46.6. To encourage and
29 promote tourism within the State.
30 (Source: Laws 1965, p. 1958.)
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1 (20 ILCS 605/605-705 new)
2 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
3 Sec. 605-705. Grants to local tourism and convention
4 bureaus. Sec. 46.6a.
5 (a) (1) To establish a grant program for local tourism
6 and convention bureaus. The Department will develop and
7 implement a program for the use of funds, as authorized under
8 this Act, by local tourism and convention bureaus. For the
9 purposes of this Act, bureaus eligible to receive funds are
10 defined as those bureaus in legal existence as of January 1,
11 1985 that, which are either a unit of local government or
12 incorporated as a not-for-profit organization, are affiliated
13 with at least one or more municipality or county, and employ
14 one full time staff person whose purpose is to promote
15 tourism. Each bureau receiving funds under this Act will be
16 certified by the Department as the designated recipient to
17 serve an area of the State. These funds may not be used in
18 support of the Chicago Worlds Fair.
19 (b) (2) To distribute grants to local tourism and
20 convention bureaus from appropriations made from the Local
21 Tourism Fund for that purpose. Of the amounts appropriated
22 annually to the Department for expenditure under this
23 Section, one-third 1/3 of those such monies shall be used for
24 grants to convention and tourism bureaus in cities with a
25 population greater than 500,000. The remaining two-thirds 2/3
26 such bureaus in the remainder of the
28 State, in accordance with a formula based upon the population
29 served. The Department may reserve up to 10% of the total
30 appropriated to conduct audits of grants, to provide
31 incentive funds to those bureaus that which will conduct
32 promotional activities designed to further the Department's
33 statewide advertising campaign, to fund special statewide
34 promotional activities, and to fund promotional activities
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1 that which support an increased use of the State's parks or
2 historic sites.
3 (Source: P.A. 90-26, eff. 7-1-97.)
4 (20 ILCS 605/605-710 new)
5 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
6 Sec. 605-710. 46.6c. Regional tourism development
7 organizations. The Department may, subject to appropriation,
8 provide contractual funding from the Tourism Promotion Fund
9 for the administrative costs of not-for-profit regional
10 tourism development organizations that assist the Department
11 in developing tourism throughout a multi-county geographical
12 area designated by the Department. Regional tourism
13 development organizations receiving funds under this Section
14 may be required by the Department to submit to audits of
15 contracts awarded by the Department to determine whether the
16 regional tourism development organization has performed all
17 contractual obligations under those contracts.
18 Every employee of a regional tourism development
19 organization receiving funds under this Section shall
20 disclose to the organization's its governing board and to the
21 Department any economic interest that employee may have in
22 any entity with which the regional tourism development
23 organization has contracted or to which the regional tourism
24 development organization has granted funds.
25 (Source: P.A. 90-26, eff. 7-1-97; 90-655, eff. 7-30-98.)
26 (20 ILCS 605/605-715 new)
27 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
28 Sec. 605-715. 46.59. Advisory Committee; Tourism
29 Promotion Fund. There is created within the Department an
30 Advisory Committee of 11 persons, including 2 members of the
31 Senate of different political parties appointed by the
32 President, 2 members of the House of Representatives of
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1 different political parties appointed by the Speaker thereof,
2 and 7 other persons, one of whom shall be a senior citizen 60
3 years of age or over, appointed by the Governor. The members
4 appointed by the Governor may include, but are not limited
5 to, persons representing motels, hotels, restaurants,
6 airlines, railroads, bus lines, travel agencies, oil
7 companies and the communications industry. The appointments
8 shall be made as soon as possible after August 13, 1988, the
9 effective date of Public Act 85-1185 this amendatory Act of
10 1988. Members shall serve for terms of 2 years and until
11 their respective successors are appointed, except that
12 General Assembly members shall serve until their respective
13 successors are appointed or until termination of their
14 legislative service, whichever first occurs. Vacancies in
15 the membership in the Advisory Committee shall be filled in
16 the same manner as the original appointments.
17 The Advisory Committee shall elect a member of its own
18 group as chairman at the first meeting, which shall be called
19 by the Governor. The Advisory Committee shall meet at least
20 4 times in a calendar year at the call of the chairman. The
21 Advisory Committee shall advise in all matters relating to
22 the policy and administration of the Illinois Tourism
23 Promotion Fund. The Committee shall report to each regular
24 session of the General Assembly its recommendations for
25 legislation in the field of the promotion of tourism and
26 related subjects in Illinois.
27 The requirements for reporting to the General Assembly
28 shall be satisfied by filing copies of the report as required
29 under Section 3.1 of "An Act to revise the law in relation to
30 ", approved February
31 25, 1874, as amended.
32 Members of the committee shall serve without compensation
33 but shall be reimbursed for necessary expenses incurred in
34 the performance of their duties.
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1 (Source: P.A. 85-1185.)
2 (20 ILCS 605/605-720 new)
3 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
4 Sec. 605-720. Publicizing Illinois facilities and
5 attractions. 46.16. To encourage and assist the efforts of
6 other public and private organizations or groups of citizens
7 to publicize the facilities and attractions of Illinois.
8 (Source: Laws 1965, p. 1958.)
9 (20 ILCS 605/605-800 new)
10 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
11 46.19a)
12 Sec. 605-800. Training grants for skills in critical
13 demand. 46.19a. Employment and technology grants.
14 (a) (1) Grants to provide training in fields affected by
15 critical demands for certain skills may be made as provided
16 in this Section subsection.
17 (b) (a) The Director of the Department may make grants
18 to eligible employers or to other eligible entities on behalf
19 of employers as authorized in subsection (c) paragraph (b) to
20 provide training for employees in fields for which there are
21 critical demands for certain skills.
22 (c) (b) The Director may accept applications for
23 training grant funds and grant requests from: (i) entities
24 sponsoring multi-company eligible employee training projects
25 as defined in subsection (d) paragraph (c), including
26 business associations, strategic business partnerships,
27 institutions of secondary or higher education, large
28 manufacturers for supplier network companies, federal Job
29 Training Partnership Act administrative entities or grant
30 recipients, and labor organizations when those projects will
31 address common training needs identified by participating
32 companies; and (ii) individual employers that are undertaking
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1 eligible employee training projects as defined in subsection
2 (d) paragraph (c), including intermediaries and training
3 agents.
4 (d) (c) The Director may make grants to eligible
5 applicants as defined in subsection (c) paragraph (b) for
6 employee training projects that include, but need not be
7 limited to, one or more of the following:
8 (1) (i) Training programs in response to new or
9 changing technology being introduced in the workplace.;
10 (2) (ii) Job-linked training that offers special
11 skills for career advancement or that is preparatory for,
12 and leads directly to, jobs with definite career
13 potential and long-term job security.;
14 (3) (iii) Training necessary to implement total
15 quality management or improvement or both management and
16 improvement systems within the workplace.;
17 (4) (iv) Training related to new machinery or
18 equipment.;
19 (5) (v) Training of employees of companies that are
20 expanding into new markets or expanding exports from
21 Illinois.;
22 (6) (vi) Basic, remedial, or both basic and
23 remedial training of employees as a prerequisite for
24 other vocational or technical skills training or as a
25 condition for sustained employment.;
26 (7) (vii) Self-employment training of the
27 unemployed and underemployed with comprehensive,
28 competency-based instructional programs and services.;
29 and
30 (8) (viii) Other training activities or, projects,
31 or both training activities and projects, related to the
32 support, development, or evaluation of job training
33 programs, activities, and delivery systems, including
34 training needs assessment and design.
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1 (e) (d) Grants shall be made on the terms and conditions
2 that the Department shall determine., provided, however, that
3 the provisions of paragraph (c) of this
4 subsection (d), however, shall exceed 50% of the direct costs
5 of all approved training programs provided by the employer or
6 the employer's training agent or other entity as defined in
7 subsection (c) paragraph (b). Under this Section, allowable
8 costs include, but are not limited to:
9 (1) (i) Administrative costs of tracking,
10 documenting, reporting, and processing training funds or
11 project costs.;
12 (2) (ii) Curriculum development.;
13 (3) (iii) Wages and fringe benefits of employees.;
14 (4) (iv) Training materials, including scrap
15 product costs.;
16 (5) (v) Trainee travel expenses.;
17 (6) (vi) Instructor costs, including wages, fringe
18 benefits, tuition, and travel expenses.;
19 (7) (vii) Rent, purchase, or lease of training
20 equipment.; and
21 (8) (viii) Other usual and customary training
22 costs.
23 (f) (e) The Director will ensure that a minimum of one
24 on-site grant monitoring visit is conducted by the Department
25 either during the course of the grant period or within 6
26 months following the end of the grant period. The Department
27 shall verify that the grantee's financial management system
28 is structured to provide for accurate, current, and complete
29 disclosure of the financial results of the grant program in
30 accordance with all provisions, terms, and conditions
31 contained in the grant contract.
32 (g) (f) The Director may establish and collect a
33 schedule of charges from subgrantee entities and other system
34 users under federal job-training programs for participating
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1 in and utilizing the Department's automated job-training
2 program information systems if the where such systems and the
3 necessary participation and utilization are requirements is a
4 requirement of the federal job-training programs. All monies
5 collected pursuant to this subsection paragraph shall be
6 deposited into the Federal Job-Training Information Systems
7 Revolving Fund created in Section 35-805 subsection (5).
8 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
9 eff. 8-16-97.)
10 (20 ILCS 605/605-805 new)
11 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
12 46.19a)
13 Sec. 605-805. Federal Job-Training Information Systems
14 Revolving Fund. (5) There is hereby created a special fund
15 in the State treasury to be known as the Federal Job-Training
16 Information Systems Revolving Fund. The deposit of monies
17 into this fund shall be limited to the collection of charges
18 pursuant to paragraph (f) of subsection (g) (1) of this
19 Section 605-800. The monies in the fund may only be used,
20 subject to appropriation by the General Assembly, only for
21 the purpose of financing the maintenance and operation of the
22 automated Federal Job-Training Information Systems pursuant
23 to paragraph (f) of subsection (g) (1) of this Section
24 605-800.
25 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
26 eff. 8-16-97.)
27 (20 ILCS 605/605-810 new)
28 (was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par.
29 46.19a)
30 Sec. 605-810. Reemployment of former employees.
31 (6) When the Department is involved in developing a federal
32 or State funded training or retraining program for any
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1 employer, the Department will assist and encourage that
2 employer in making every effort to reemploy individuals
3 previously employed at the facility. Further, the Department
4 will provide a list of those said employees to the said
5 employer for consideration for reemployment and will report
6 the results of this effort to the Illinois Job Training
7 Coordinating Council. This requirement shall be in effect
8 when all of the following conditions are met:
9 (1) (a) The employer is reopening, or is proposing
10 to reopen, a facility that which was last closed during
11 the preceding 2 years.,
12 (2) (b) A substantial number of the persons who
13 were employed at the facility before its most recent
14 closure remain unemployed., and
15 (3) (c) The product or service produced by, or
16 proposed to be produced by, the employer at the facility
17 is substantially similar to the product or service
18 produced at the facility before its most recent closure.
19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
20 eff. 8-16-97.)
21 (20 ILCS 605/605-815 new)
22 (was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par.
23 46.19a)
24 Sec. 605-815. Unemployed and underemployed single
25 parents. (7) The Department, in cooperation with the
26 Departments of Human Services and Employment Security, may
27 establish a program to encourage community action agencies to
28 establish programs that will help unemployed and
29 underemployed single parents to identify, access, and
30 develop, through such means as counseling or mentoring,
31 internal and external resources that will enable those single
32 parents to become emotionally and financially
33 self-sufficient. The intended primary beneficiaries of the
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1 local programs shall be female heads of households who are at
2 least 22 but less than 46 years of age and who are physically
3 able to work but are unemployed or underemployed. The
4 Department may make grants, subject to the availability of
5 funding, to communities and local agencies for the purpose of
6 establishing local programs as described in this Section
7 subsection (7). A grant under this Section subsection (7)
8 shall be made for a period of one year and may be renewed if
9 the Department determines that the program is successful in
10 meeting its objectives. If the Department determines that
11 implementation of a program has resulted in a savings of
12 State moneys that otherwise would have been paid to
13 beneficiaries of the program, the Department, on renewing a
14 grant, may adjust the grant amount for those demonstrated
15 savings.
16 For purposes of this Section subsection, a person is
17 underemployed if his or her income from employment is less
18 than 185% of the federal official poverty income guideline.
19 (Source: P.A. 89-4, eff. 1-1-96; 89-507, eff. 7-1-97; 90-454,
20 eff. 8-16-97.)
21 (20 ILCS 605/605-820 new)
22 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
23 Sec. 605-820. Public hearings on Job Training Partnership
24 Act plans and programs. 46.49. To require Service Delivery
25 Areas established under the federal Job Training Partnership
26 Act to hold public hearings on the job training plans
27 developed for their respective jurisdictions pursuant to
28 Section 104 of the federal Job Training Partnership Act. The
29 Such public hearings shall be held by the Service Delivery
30 Areas prior to the submission of the job training plans to
31 the Department for review and approval or disapproval on
32 behalf of the Governor. The Department shall, as part of its
33 plan submission requirements, direct Service Delivery Areas
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1 to submit evidence that the such hearings have been held.
2 The Department shall hold public hearings regarding those
3 Job Training Partnership Act programs set aside under that
4 Act for direct administration and implementation by the
5 Governor. The Such public hearings shall be held prior to the
6 submission of the Governor's Coordination and Special
7 Services Plan to the General Assembly for review and comment
8 and to the Governor for approval.
9 (Source: P.A. 83-1528.)
10 (20 ILCS 605/605-825 new)
11 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
12 Sec. 605-825. 46.65. Earnfare Program. The Department
13 shall, through the Job Training Partnership Act and local
14 private industry councils, provide job skills training, job
15 placement, client management, and supportive services for
16 Earnfare participants, using existing II-A funds.
17 (Source: P.A. 87-893.)
18 (20 ILCS 605/605-850 new)
19 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
20 46.32a)
21 Sec. 605-850. Labor-Management Cooperation Committee.
22 46.32a.
23 (a) The Department shall promote labor-management
24 relations and provide assistance in the development of local
25 labor-management committees.
26 (b) In the Department there shall be a Labor-Management
27 Cooperation Committee composed of 12 public members appointed
28 by the Governor with the advice and consent of the Senate.
29 Six members shall represent executive level management of
30 businesses that employ labor union members, and 6 members
31 shall represent major labor union leadership. The Governor
32 shall designate 1 business representative and 1 labor
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1 representative as cochairmen. Appointed members shall not be
2 represented at a meeting by another person. There shall be 6
3 ex officio nonvoting members: the Director of the Department,
4 who shall serve as Secretary, the Director of the Department
5 of Labor, the President of the Senate, the Minority Leader of
6 the Senate, the Speaker of the House of Representatives, and
7 the Minority Leader of the House of Representatives. Each ex
8 officio member shall serve during the term of his or her
9 office. Ex officio members may be represented by duly
10 authorized substitutes.
11 In making the initial public member appointments to the
12 Committee, 3 of the business representatives and 3 of the
13 labor union representatives shall be appointed for terms
14 expiring July 1, 1987. The remaining public members shall be
15 appointed for terms expiring July 1, 1988. Thereafter, public
16 members of the Committee shall be appointed for terms of 2
17 years expiring on July 1, or until their successors are
18 appointed and qualified. The Governor may at any time, with
19 the advice and consent of the Senate, make appointments to
20 fill vacancies for the balance of an unexpired term. Public
21 members shall serve without compensation, but shall be
22 reimbursed by the Department for necessary expenses incurred
23 in the performance of their duties. The Department shall
24 provide staff assistance to the Committee.
25 (c) The Committee shall have the following duties:
26 (1) To improve communications between labor and
27 management on significant economic problems facing the
28 State.;
29 (2) To encourage and support the development of
30 local labor-management committees at the plant, industry
31 and area levels across the State.;
32 (3) To assess the progress of area labor-management
33 committees that have been formed across the State and
34 provide input to the Director of the Department
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1 concerning matching grants to area labor-management
2 committees or other grant programs established in this
3 Act.;
4 (4) To convene a statewide conference on
5 labor-management concerns at least once every 2 years.;
6 (5) To issue a report on labor-management concerns
7 to the Governor and the General Assembly every 2 years
8 commencing in March of 1987. This report shall outline
9 the accomplishments of the Committee and specific
10 recommendations for improving Statewide labor-management
11 relations.
12 (Source: P.A. 88-456.)
13 (20 ILCS 605/605-855 new)
14 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
15 46.32a)
16 Sec. 605-855. Grants to local labor-management
17 committees.
18 (a) (b) The Director, with the advice of the
19 Labor-Management Cooperation Committee, shall have the
20 authority to provide matching grants, grants, and other
21 resources to establish or assist area labor-management
22 committees and other projects that which serve to enhance
23 labor-management relations. The Department shall have the
24 authority, with the advice of the Labor-Management
25 Cooperation Committee, to award grants or matching grants in
26 4 four areas as provided in subsections (b) through (e).:
27 (b) (1) At least 60% 60 percent of the annual
28 appropriation to the Department, for providing
29 labor-management grants and resources shall be awarded as
30 matching grants to existing local labor-management
31 committees. To be eligible for matching grants pursuant to
32 this subsection, local labor-management committees shall meet
33 all of the following criteria:
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1 (1) (i) Be a formal, not-for-profit organization
2 structured for continuing service with voluntary
3 membership.;
4 (2) (ii) Be composed of labor and management
5 representatives.;
6 (3) (iii) Service a distinct and identifiable
7 geographic region.;
8 (4) (iv) Be staffed by a professional chief
9 executive officer.;
10 (5) (v) Have been established with the Department
11 for at least 2 two years.;
12 (6) (vi) Operate in compliance with rules set forth
13 by the Department with the advice of the Labor-Management
14 Cooperation Committee.; and
15 (7) (vii) Ensure that their its efforts and
16 activities are coordinated with relevant agencies,
17 including but not limited to the following:
18 Department of Commerce and Community Affairs
19 Illinois Department of Labor
20 Economic development agencies
21 Corridor councils
22 Planning agencies
23 Colleges, universities, and community colleges
24 U.S. Department of Labor
25 Statewide Job Training Partnership Act Entities
26 .
27 Further, the purpose of the local labor-management
28 committees will include, but not be limited to, the following
29 :
30 (8) (i) Enhancing the positive labor-management
31 relationship within the State, region, community, and/or
32 work place.;
33 (9) (ii) Assisting in the retention, expansion, and
34 attraction of businesses and jobs within the State
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1 through special training programs, gathering and
2 disseminating dissemination of information, and providing
3 assistance in local economic development efforts as
4 appropriate.;
5 (10) (iii) Creating and maintaining a regular
6 nonadversarial forum for ongoing dialogue between labor
7 and management representatives to discuss and resolve
8 issues of mutual concern outside the realm of the
9 traditional collective bargaining process.;
10 (11) (iv) Acting as an intermediary for initiating
11 local programs between unions and employers that which
12 would generally improve economic conditions in a region.;
13 (v) Encouraging, assisting, and facilitating
15 the development of work-site and industry
16 labor-management committees in the region.
17 Any local labor-management committee meeting these
18 criteria may apply to the Department for annual matching
19 grants, providing that the local committee contributes at
20 least 25% 25 percent in matching funds, of which no more than
21 50% 50 percent shall be "in-kind" services. Funds received
22 by a local committee pursuant to this subsection shall be
23 used for the ordinary operating expenses of the local
24 committee.
25 (c) (2) Up to 20% 20 percent of the annual appropriation
26 to the Department for providing labor-management grants and
27 resources may be awarded as matching grants to local
28 labor-management committees that which do not meet all of the
29 eligibility criteria set forth in subsection (b) (1).
30 However, to be eligible to apply for a grant under this
31 subsection (c), the local labor-management committee, at a
32 minimum, shall meet all of the following criteria:
33 (1) (i) Be composed of labor and management
34 representatives.;
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1 (2) (ii) Service a distinct and identifiable
2 geographic region.;
3 (3) (iii) Operate in compliance with the rules set
4 forth by the Department with the advice of the
5 Labor-Management Cooperation Committee.; and
6 (4) (iv) Ensure that its efforts and activities are
7 directed toward enhancing the labor-management
8 relationship within the State, region, community, and/or
9 work place.
10 Any local labor-management committee meeting these
11 criteria may apply to the Department for an annual matching
12 grant, providing that the local committee contributes at
13 least 25% 25 percent in matching funds of which no more than
14 50% 50 percent shall be "in-kind" services. Funds received
15 by a local committee pursuant to this paragraph (2) of
16 subsection (c) (b) of this Section shall be used for the
17 ordinary and operating expenses of the local committee.
18 Eligible committees shall be limited to 3 three years of
19 funding under this subsection. With respect to those
20 committees participating in this program prior to enactment
21 of this amendatory Act of 1988 that which fail to qualify
22 under paragraph (1) of this subsection (c) (b) of this
23 Section, previous years' funding shall be counted in
24 determining whether those committees have reached their
25 funding limit under this paragraph (2).
26 (d) (3) Up to 10% 10 percent of the annual appropriation
27 to the Department for providing labor-management grants and
28 resources may be awarded as grants to develop and conduct
29 specialized education and training programs of direct benefit
30 to representatives of labor, management, labor-management
31 committees and/or their staff. The type of education and
32 training programs to be developed and offered will be
33 determined and prioritized annually by the Department, with
34 the advice of the Labor-Management Cooperation Committee.
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1 The Department will develop and issue an annual request for
2 proposal detailing the program specifications.
3 (e) (4) Up to 10% 10 percent of the annual appropriation
4 to the Department for providing labor-management grants and
5 resources may be awarded as grants for research and
6 development projects related to labor-management issues. The
7 Department, with the advice of the Labor-Management
8 Cooperation Committee, will develop and prioritize annually
9 the type and scope of the research and development projects
10 deemed necessary.
11 (f) The Department is authorized to establish
12 applications and, application procedures and promulgate any
13 rules deemed necessary in the administration of the such
14 grants.
15 (Source P.A. 88-456.)
16 (20 ILCS 605/605-860 new)
17 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
18 46.32a)
19 Sec. 605-860. Office of Labor-Management Cooperation. (c)
20 Act,
21 the Department shall establish an Office of Labor-Management
22 Cooperation. The purpose of this office shall include, but
23 not be limited to the following:
24 (1) To administer the grant programs, including
25 developing grant applications and requests for proposals
26 proposal, program monitoring, and evaluation.
27 (2) To serve as State liaison with other state,
28 regional and national organizations devoted to promoting
29 labor-management cooperation; and to disseminate
30 disseminating pertinent information secured through these
31 State, regional, and national affiliations to local
32 labor-management committees, the Labor-Management
33 Cooperation Committee, and other interested parties
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1 throughout the State.
2 (3) To provide technical assistance to area,
3 industry, or work-site labor-management committees as
4 requested.
5 (4) To serve as a clearinghouse for information
6 related to labor-management cooperation.
7 (5) To serve as a catalyst to developing and
8 strengthening a partnership among local, State, regional,
9 and national organizations and agencies devoted to
10 enhancing labor-management cooperation.
11 (6) To provide any other programs or services that
12 which enhance labor-management cooperation within the
13 State of Illinois as determined by the Director with the
14 advice of the Labor-Management Cooperation Committee.
15 (Source: P.A. 88-456.)
16 (20 ILCS 605/605-875 new)
17 (was 20 ILCS 605/46.68)
18 Sec. 605-875. 46.68. Safety loan program.
19 (a) The Department of Commerce and Community Affairs may
20 develop and implement a small business safety loan program to
21 allow employers the opportunity to improve workplace safety.
22 The loans shall be made from appropriations for that purpose.
23 The loans shall be secured by adequate collateral, may be for
24 a term of no more than 5 years, and may bear interest at a
25 discounted rate. The Department shall promulgate all
26 necessary rules to implement the program.
27 (b) Any loan made under this Section shall: (1) be made
28 only if an on-site safety and health consultation and
29 recommendations for correction have been completed by the
30 Department's Industrial Service Division; and (2) finance no
31 more than $50,000 or 80% of the total project and no less
32 than $10,000.
33 (c) The Illinois Safety Revolving Loan Fund is created
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1 as a separate fund within the State treasury.
2 The purpose of the Fund is to provide loans to and
3 finance administration of loans to small businesses in
4 Illinois.
5 There shall be deposited into the Fund amounts including,
6 but not limited to, the following:
7 (1) All receipts, including dividends, principal,
8 and interest payments from any applicable loan agreement
9 made from the Fund or from direct appropriations.;
10 (2) All proceeds of assets of whatever nature
11 received by the Department as a result of default or
12 delinquency with respect to loan agreements made from the
13 Fund or from direct appropriations by the General
14 Assembly, including proceeds from the sale, disposal,
15 lease, or rental of real or personal property that the
16 Department may have received as a result of the default
17 or delinquency.;
18 (3) Any appropriations, grants, or gifts made to
19 the Fund.; and
20 (4) Any income received from interest on
21 investments of moneys in the Fund.
22 (d) The implementation of or continuation of this
23 program during any fiscal year is dependent upon federal
24 funding, through the Department of Labor, committed to the
25 Onsite Safety and Health Consultation Program prior to the
26 beginning of that fiscal year.
27 (Source: P.A. 89-423, eff. 6-1-96.)
28 (20 ILCS 605/605-900 new)
29 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
30 Sec. 605-900. Construction loans to local governments for
31 revenue producing capital facilities. 46.6b. To make loans to
32 units of local government for construction of revenue
33 producing capital facilities, subject to the such terms and
HB0236 Engrossed -203- LRB9100031DJcdA
1 conditions condition as it deems necessary to ensure
2 repayment.
3 (Source: P.A. 85-552.)
4 (20 ILCS 605/605-905 new)
5 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
6 Sec. 605-905. Grants to local governments in connection
7 with federal prisons. 46.41b. To make grants to units of
8 local government for (i) land acquisition and all necessary
9 improvements upon or related thereto for the purpose of
10 facilitating the location of federal prisons in Illinois and
11 (ii) for the development of industrial or commercial parks,
12 or both, that which are adjacent to or abut any federal
13 prison constructed in Illinois after January 9, 1990 (the
14 effective date of Public this amendatory Act 86-1017) of 1989
15 46.56. In cooperation with the
21 Department of Transportation, to make grants and provide
22 financial assistance to municipalities for site development
23 along waterways in order to promote commercial and industrial
24 development.
25 (Source: P.A. 84-1124.)
26 (20 ILCS 605/605-915 new)
27 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
28 Sec. 605-915. Assisting local governments to achieve
29 lower borrowing costs. 46.45. To cooperate with the Illinois
30 Development Finance Authority in assisting local governments
31 to achieve overall lower borrowing costs and more favorable
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1 terms under Sections 7.50 through 7.61 of the Illinois
2 Development Finance Authority Act, including using the
3 Department's federally funded Community Development
4 Assistance Program for those such purposes.
5 (Source: P.A. 83-1367.)
6 (20 ILCS 605/605-920 new)
7 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
8 Sec. 605-920. Assisting local governments; debt
9 management, capital facility planning, infrastructure.
10 46.47. To provide, in cooperation with the Illinois
11 Development Finance Authority, technical assistance to local
12 governments with respect to debt management and bond
13 issuance, capital facility planning, infrastructure
14 financing, infrastructure maintenance, fiscal management, and
15 other infrastructure areas.
16 (Source: P.A. 83-1367.)
17 (20 ILCS 605/605-925 new)
18 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
19 Sec. 605-925. Helping local governments reduce
20 infrastructure costs. 46.48. To develop and recommend to the
21 Governor and the General Assembly, in cooperation with the
22 Illinois Development Finance Authority and local governments,
23 methods and techniques that can be used to help local
24 governments reduce their public infrastructure costs,
25 including strengthened local financial management, user fees,
26 and other appropriate options.
27 (Source: P.A. 83-1367.)
28 (20 ILCS 605/605-930 new)
29 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
30 Sec. 605-930. Assisting home rule units; composite bond
31 issues for mortgages. 46.27. At the request of any home rule
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1 unit, to assist the such home rule unit in providing
2 composite bond issues for mortgages in order to enable the
3 such home rule unit to benefit from the federal allocation of
4 tax exempt mortgage revenue bonds authorized under the
5 federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
6 Public Law 96-499), as now or hereafter amended.
7 (Source: P.A. 83-651.)
8 (20 ILCS 605/605-935 new)
9 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
10 Sec. 605-935. Referrals to State universities for special
11 economic problems. 46.32. To encourage the establishment,
12 with the assistance of the Board of Higher Education, of a
13 system for referring representatives of communities in which
14 there exist special economic problems and opportunities to
15 the most appropriate State university for assistance. The
16 Department may also cooperate with the universities in
17 providing advice and assistance to communities or groups of
18 citizens seeking to offset the economic impact of the removal
19 or termination of substantial industrial or commercial
20 operations.
21 (Source: P.A. 81-835; 81-1509.)
22 (20 ILCS 605/605-940 new)
23 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
24 Sec. 605-940. Clearing house for local government
25 problems; aid with financial and administrative matters.
26 46.37. The Department shall provide for a central clearing
27 house for information concerning local government problems
28 and various solutions to those problems and shall assist and
29 aid local governments of the State in matters relating to
30 budgets, fiscal procedures, and administration. In performing
31 this responsibility the Department shall have the power and
32 duty to do the following:
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1 (1) (a) Maintain communication with all local
2 governments and assist them, at their request, to improve
3 their administrative procedures and to facilitate
4 improved local government and development.;
5 (2) (b) Assemble and disseminate information
6 concerning State and federal programs, grants, gifts, and
7 subsidies available to local governments and to provide
8 counsel and technical services and other assistance in
9 applying for those such programs, grants, gifts, and
10 subsidies.;
11 (3) (c) Assist in coordinating activities by
12 obtaining information, on forms provided by the
13 Department or by receipt of proposals and applications,
14 concerning State and federal assisted programs, grants,
15 gifts, and subsidies applied for and received by all
16 local governments.;
17 (4) (d) Provide direct consultative services to
18 local governments upon request and provide staff services
19 to special commissions, the Governor, or the General
20 Assembly or its committees.;
21 (5) (e) Render advice and assistance with respect
22 to the establishment and maintenance of programs for the
23 training of local government officials and other
24 personnel, including programs of intergovernmental
25 exchange of personnel.;
26 (6) (f) To Act as the official State agency for the
27 receipt and distribution of federal funds that which are
28 or may be provided to the State on a flat grant basis for
29 distribution to local governments or in the event federal
30 law requires a State agency to implement programs
31 affecting local governments and for State funds that
32 which are or may be provided for the use of local
33 governments unless otherwise provided by law.;
34 (7) (g) To Administer such laws relating to local
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1 government affairs as the General Assembly may direct.;
2 (8) (h) Provide all advice and assistance to
3 improve local government administration, ensure to insure
4 to make the Civil Administrative
6 Code of Illinois this Act effective.;
7 (9) (i) Give advice and counsel on fiscal problems
8 of local governments of the State to those such local
9 governments.;
10 (10) (j) Prepare uniform budgetary forms for use by
11 the local governments of the State.;
12 (11) (k) Assist and advise the local governments of
13 the State in matters pertaining to budgets, appropriation
14 requests and ordinances, the determination of property
15 tax levies and rates, and other matters of a financial
16 nature.;
17 (12) (l) Be a repository for financial reports and
18 statements required by law of local governments of the
19 State, and publish financial summaries of those reports
20 and statements. thereof;
21 (13) (m) At the request of local governments,
22 provide assistance in preparing bond issues, review
23 bonding proposals, and assist in marketing bonds, and
24 provide by January 1, 1985, model forms for the
25 disclosure of all information of significance to
26 potential purchasers of long or short term debt of local
27 governments and all information required to be disclosed
28 in connection with the sale of long or short term debt by
29 local governments.;
30 (14) (n) Prepare proposals and advise on the
31 investment of idle local government funds.;
32 (15) (o) Administer the program of grants, loans,
33 and loan guarantees under the federal Public Works and
34 Economic Development Act of 1965, as amended, 42 U.S.C.
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1 3121 and following et seq., and to receive and disburse
2 State and federal funds provided for that program and
3 moneys received as repayments of loans made under the
4 program.;
5 (16) (p) After January 1, 1985, upon the request of
6 local governments, to prepare and provide model financial
7 statement forms designed to communicate to taxpayers,
8 service consumers, voters, government employees, and news
9 media, in a non-technical manner, all significant
10 financial information regarding a particular local
11 government, and to prepare and provide to local
12 governments a summary of local governments' obligations
13 concerning the adoption of an annual operating budget.
14 The which summary shall be set forth in a non-technical
15 manner and shall be designed principally for distribution
16 to, and the use of, taxpayers, service consumers, voters,
17 government employees, and news media.
18 (Source: P.A. 83-1362.)
19 (20 ILCS 605/605-945 new)
20 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
21 Sec. 605-945. Development of safe and decent housing.
22 46.38. The Department shall foster the development of safe
23 and decent housing for Illinois citizens and shall perform
24 all duties provided by law. In performing this responsibility
25 the Department shall have the power and duty to do the
26 following:
27 (1) (a) Coordinate and, wherever provided by law,
28 to supervise or administer the several programs of State
29 and federal assistance and grants related to housing and
30 urban renewal, including but not limited to housing,
31 redevelopment, urban renewal, urban planning assistance,
32 building codes, building code enforcement, housing codes,
33 housing code enforcement, area development,
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1 revitalization of central city cores, mass
2 transportation, public works, and community facilities,
3 and to furnish technical assistance on any program of
4 housing and urban renewal.;
5 (2) (b) To Exercise the rights, powers, and duties
6 provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
7 (7), (8), (9), (10), and (12) of Section 605-115. 46.36
8 of this Act;
9 (3) (c) To Perform such other duties that as may be
10 necessary to implement applicable law and to ensure
11 insure orderly administration of the Department.
12 (Source: P.A. 81-1509.)
13 (20 ILCS 605/605-950 new)
14 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
15 Sec. 605-950. Federal funds for housing. 46.38a. The
16 Department of Commerce and Community Affairs is authorized to
17 receive and distribute federal funds to foster safe and
18 decent housing and for reimbursement of social service
19 expenses in connection with emergency shelter for the
20 homeless.
21 (Source: P.A. 85-1021.)
22 (20 ILCS 605/605-990 new)
23 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
24 Sec. 605-990. Notice of legislation affecting local
25 governments. 46.37a. Beginning on March 1, 1984 and annually
26 thereafter, the Department shall notify each county,
27 municipality, and township of all State legislation that
28 which has taken effect during the preceding 12 months that
29 which in the Department's view directly affects or has
30 significant impact upon the functioning of local governments.
31 Notice shall be provided by delivering, by mail or otherwise,
32 to each such unit of local government a listing of the
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1 legislation.
2 (Source: P.A. 83-915.)
3 (20 ILCS 605/605-995 new)
4 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
5 Sec. 605-995. Contracts to perform functions at request
6 of local governments. 46.40. The Director may contract on
7 behalf of the Department, at the request of the corporate
8 authorities of any municipality, if the proposed function
9 takes place within the such municipality, or at the request
10 of the corporate authorities of the county, if the proposed
11 function takes place in an unincorporated area, with any
12 person, firm, or corporation to perform any of the functions
13 provided herein, within the corporate limits as provided in
14 this Section. The Department shall not expend State funds on
15 a contractual basis for those such functions unless those
16 functions and expenditures are expressly authorized by the
17 General Assembly.
18 (a) All contracts entered into by the Director shall
19 provide for annual audits and reports of activities conducted
20 under terms of the contract, unless more frequently requested
21 by the Director. The Director shall take such other steps as
22 are necessary to ensure insure the proper discharge of
23 contract responsibilities.;
24 (b) The Department shall promulgate rules and
25 regulations concerning the Department's operations or
26 programs established to meet these purposes.
27 (Source: P.A. 81-1509.)
28 (20 ILCS 805/Art. 805 heading new)
29 ARTICLE 805. DEPARTMENT OF NATURAL
30 RESOURCES (CONSERVATION)
31 (20 ILCS 805/805-1 new)
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1 Sec. 805-1. Article short title. This Article 805 of
2 the Civil Administrative Code of Illinois may be cited as the
3 Department of Natural Resources (Conservation) Law.
4 (20 ILCS 805/805-5 new)
5 Sec. 805-5. Definitions. In this Law:
6 "Department" means the Department of Natural Resources.
7 "Director" means the Director of Natural Resources.
8 (20 ILCS 805/805-10 new)
9 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
10 Sec. 805-10. Department's powers, generally. 63a. The
11 Department of Natural Resources has the powers enumerated in
12 the following Sections 63a1 through 63b2.9.
13 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
14 (20 ILCS 805/805-15 new)
15 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
16 Sec. 805-15. Rules and regulations. The Department has
17 the power 63a37. to adopt and enforce rules and regulations
18 necessary to the performance of its statutory duties.
19 (Source: P.A. 84-437.)
20 (20 ILCS 805/805-25 new)
21 (was 20 ILCS 805/63b2.8)
22 Sec. 805-25. 63b2.8. Public benefit certification. The
23 Department has the power to certify whether land encumbered
24 by a conservation right provides a demonstrated public
25 benefit for purposes of reduced land valuation in accordance
26 with Section 10-167 of the Property Tax Code.
27 (Source: P.A. 88-657, eff. 1-1-95.)
28 (20 ILCS 805/805-30 new)
29 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
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1 Sec. 805-30. Illinois Conservation Corps; Illinois Youth
2 Recreation Corps. The Department has the power 63a38. to
3 administer the Illinois Conservation Corps Program and the
4 Illinois Youth Recreation Corps Program created by the
5 "Illinois Youth and Young Adult Employment Act of 1986",
6 enacted by the 84th General Assembly, and to promulgate rules
7 and regulations for the administration of the programs.
8 (Source: P.A. 84-1430.)
9 (20 ILCS 805/805-35 new)
10 (was 20 ILCS 805/63a40)
11 Sec. 805-35. 63a40. Adopt-A-River program. The
12 Department has the power to establish and maintain
13 Adopt-A-River programs with individual or group volunteers in
14 an effort to encourage and facilitate volunteer group
15 involvement in litter cleanup in and along portions of rivers
16 and streams located in State parks and park lands. These
17 programs shall include but not be limited to the following:
18 (1) Providing and coordinating services by
19 volunteers to reduce the amount of litter including
20 providing trash bags and trash bag pickup and, where
21 necessary, providing briefings on safety procedures.
22 (2) Providing and installing signs identifying
23 those volunteers participating in the Adopt-A-River
24 program in particular parks and park lands.
25 The State and the Department of Natural Resources and its
26 employees are not liable for any damages or injury suffered
27 by any person resulting from his or her participation in the
28 program or from the actions or activities of the volunteers.
29 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
30 90-14, eff. 7-1-97.)
31 (20 ILCS 805/805-40 new)
32 (was 20 ILCS 805/63a41)
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1 Sec. 805-40. 63a41. Establishment of Adopt-A-Park
2 program. The Department of Natural Resources may establish
3 and maintain Adopt-A-Park programs with individual or group
4 volunteers in an effort to reduce and remove litter from
5 parks and park lands. These programs shall include but not
6 be limited to the following:
7 (1) Providing and coordinating services by
8 volunteers to reduce the amount of litter, including
9 providing trash bags and trash bag pickup and, in
10 designated areas where volunteers may be in close
11 proximity to moving vehicles, providing safety briefings
12 and reflective safety gear.
13 (2) Providing and installing signs identifying
14 those volunteers adopting particular parks and park
15 lands.
16 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
17 90-14, eff. 7-1-97.)
18 (20 ILCS 805/805-70 new)
19 (was 20 ILCS 805/63b2.9)
20 Sec. 805-70. 63b2.9. Grants and contracts.
21 (a) The Department has the power to accept, receive,
22 expend, and administer, including by grant, agreement, or
23 contract, those funds that are made available to the
24 Department from the federal government and other public and
25 private sources in the exercise of its statutory powers and
26 duties.
27 (b) The Department may make grants to other State
28 agencies, universities, not-for-profit organizations, and
29 local governments, pursuant to an appropriation in the
30 exercise of its statutory powers and duties.
31 (Source: P.A. 90-490, eff. 8-17-97.)
32 (20 ILCS 805/805-80 new)
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1 (was 20 ILCS 805/63b1.2)
2 Sec. 805-80. 63b1.2. Indirect cost reimbursements.
3 Indirect cost reimbursements applied for by the Department of
4 Natural Resources may be allocated as State matching funds.
5 Any indirect cost reimbursement applied for and received by
6 the Department shall be deposited into to the same fund as
7 the direct cost and may be expended, subject to
8 appropriation, for support of programs administered by the
9 Department of Natural Resources.
10 (Source: P.A. 90-490, eff. 8-17-97.)
11 (20 ILCS 805/805-100 new)
12 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
13 Sec. 805-100. Conservation of fish and game. The
14 Department has the power 63a1. to take all measures necessary
15 for the conservation, preservation, distribution,
16 introduction, propagation, and restoration of fish, mussels,
17 frogs, turtles, game, wild animals, wild fowls, and birds.
18 (Source: Laws 1967, p. 1088.)
19 (20 ILCS 805/805-105 new)
20 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
21 Sec. 805-105. Conservation of fauna and flora. The
22 Department has the power 63a2. to take all measures necessary
23 for the conservation, preservation, distribution,
24 introduction, propagation, and restoration of the fauna and
25 flora, except where other laws designate responsibilities
26 specifically to other governmental agencies. The Director
27 and authorized employees of the Department may expend such
28 sums as the Director deems necessary to purchase any fauna
29 and flora or parts thereof protected by the Department for
30 use as evidence of a violation of the Fish and Aquatic Life
31 Code, the Wildlife Code, or any other Act administered by the
32 Department, and may employ persons to obtain that such
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1 evidence. The Director is authorized to establish
2 investigative cash funds for the purpose of purchasing
3 evidence or financing any investigation of persons suspected
4 of having violated those such Acts. The Such investigative
5 cash funds shall be operated and maintained on the imprest
6 system, and no such fund shall exceed $10,000. The
7 Department is authorized to deposit the such money in a
8 locally held bank account. The Such funds to be expended
9 shall come from public donations, proceeds from the sale of
10 flora and fauna no longer or not needed as evidence that were
11 purchased with investigative cash funds, and appropriations
12 to the Department for contractual services.
13 (Source: P.A. 87-798; 87-895.)
14 (20 ILCS 805/805-110 new)
15 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
16 Sec. 805-110. Statistics relating to fauna and flora.
17 The Department has the power 63a3. to collect and publish
18 statistics relating to the fauna and flora.
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/805-115 new)
21 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
22 Sec. 805-115. Conservation information. The Department
23 has the power 63a4. to acquire and disseminate information
24 concerning the propagation and conservation of the fauna and
25 flora, and the activities of the Department and the
26 industries affected by conservation and propagation.
27 (Source: Laws 1967, p. 1088.)
28 (20 ILCS 805/805-120 new)
29 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
30 Sec. 805-120. Pollution prevention. The Department has
31 the power 63a5. to exercise all rights, powers, and duties
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1 conferred by law and to take such measures that as are
2 necessary for the prevention of pollution of and engendering
3 of sanitary and wholesome conditions in rivers, lakes,
4 streams, and other waters in this State that as will promote,
5 protect, and conserve fauna and flora and to work in
6 conjunction with any other department of State government
7 that is as shall be proceeding to prevent stream and water
8 pollution.
9 (Source: Laws 1967, p. 1088.)
10 (20 ILCS 805/805-125 new)
11 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
12 Sec. 805-125. Agreements with federal agencies. 63b1.
13 The Department has of Natural Resources shall have the power
14 and authority to enter into agreements with appropriate
15 federal agencies in order to better effect cooperative
16 undertakings in the conservation, preservation, distribution,
17 and propagation of fish, mussels, frogs, turtles, game, wild
18 animals, wild fowls, birds, trees, plants, and forests.
19 (Source: P.A. 89-445, eff. 2-7-96.)
20 (20 ILCS 805/805-130 new)
21 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
22 Sec. 805-130. Conservation of forests. The Department
23 has the power 63a8. to take such measures for the promotion
24 of planting, encouragement, protection, and conservation of
25 forests and to promote forestry in this State, including but
26 not limited to reforestation, woodland management, fire
27 management, and forest marketing and utilization, to exercise
28 the rights, powers, and duties in relation thereto that are
29 as may be conferred by law, to promote sound forestry
30 management as described by the "Illinois Forestry Development
31 Act", and to carry out the functions ascribed to the
32 Department by that Act.
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1 (Source: P.A. 85-150.)
2 (20 ILCS 805/805-200 new)
3 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
4 Sec. 805-200. Property given in trust. The Department
5 has the power 63a13-1. to accept, hold, maintain, and
6 administer, as trustee, property given in trust for
7 educational, recreational, or historic purposes for the
8 benefit of the People of the State of Illinois and to dispose
9 of that such property pursuant to the terms of the instrument
10 creating the trust.
11 (Source: Laws 1968, p. 148.)
12 (20 ILCS 805/805-205 new)
13 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
14 Sec. 805-205. Acquiring real property subject to life
15 estate. The Department has the power 63a29. to acquire, for
16 purposes authorized by law, any real property in fee simple
17 subject to a life estate in the seller in not more than 3
18 acres of the real property acquired, subject to the
19 restrictions that the life estate shall be used for
20 residential purposes only and that it shall be
21 non-transferable.
22 (Source: P.A. 79-332.)
23 (20 ILCS 805/805-210 new)
24 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
25 Sec. 805-210. Purchasing land for State parks. The
26 Department has the power 63a33. to purchase land for State
27 park purposes by contract for deed under the terms and
28 restrictions of Section 2 of the "An Act in relation to the
29 acquisition, control, maintenance, improvement and protection
30 of State Parks Act and nature preserves", approved June 26,
31 1925, as now or hereafter amended. The Such purchase
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1 restrictions under that Act thereunder shall include and take
2 into consideration any purchases by contract for deed under
3 Sections 805-205, 805-215, 805-225, 805-230, and 805-255
4 63a10, 63a17, 63a18, 63a19 and 63a29 of this Act.
5 (Source: P.A. 81-554; 81-1509.)
6 (20 ILCS 805/805-215 new)
7 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
8 Sec. 805-215. Acquiring jurisdiction over federal
9 government lands. The Department has the power 63a17. to
10 acquire jurisdiction by lease, purchase, contract, or
11 otherwise, over any lands held by or otherwise under the
12 jurisdiction of the federal government for the purpose of
13 carrying out any power or duty conferred upon the Department
14 and to locate, relocate, construct, and maintain roadways and
15 parking areas on those such lands and to supply all
16 facilities necessary for public use of the areas.
17 (Source: Laws 1967, p. 1088.)
18 (20 ILCS 805/805-220 new)
19 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
20 Sec. 805-220. Historic structures. The Department has
21 the power 63a34. to lease or purchase any lands or
22 structures for the purpose of restoring, renovating, and
23 maintaining structures of historic significance that which
24 are listed in the Illinois or National Register of Historic
25 Places for public use; to acquire all necessary property or
26 rights-of-way for the purpose of providing access to those
27 such structures; and to construct buildings or such other
28 facilities as the Department deems necessary or desirable for
29 maximum utilization of those such facilities for public use.
30 However, any structures obtained for the purpose of being
31 used as State office facilities shall be subject to the
32 authority of the Department of Central Management Services,
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1 and any leases for those such facilities shall be negotiated
2 and executed by the Department of Central Management
3 Services.
4 (Source: P.A. 83-282.)
5 (20 ILCS 805/805-225 new)
6 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
7 Sec. 805-225. Conservation of natural or scenic
8 resources. The Department has the power 63a19. to acquire
9 the fee or any lesser interests, including scenic easements,
10 in real property in order to preserve, through limitation of
11 future use, areas of great natural scenic beauty or areas
12 whose existing openness, natural condition, or present state
13 of use, if retained, would enhance the present or potential
14 value of abutting or surrounding recreational area
15 development, or would maintain or enhance the conservation of
16 natural or scenic resources.
17 (Source: Laws 1967, p. 1088.)
18 (20 ILCS 805/805-230 new)
19 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
20 Sec. 805-230. Developing recreational areas. The
21 Department has the power 63a18. to lease from individuals,
22 corporations, or any other form of private ownership, from
23 any municipality, public corporation, or political
24 subdivision of this State, or from the United States, any
25 lands or waters for the purpose of developing outdoor
26 recreational areas for public use and to acquire all
27 necessary property or rights-of-way, for the purposes of
28 ingress or egress to those such lands and waters, and to
29 construct buildings and other recreational facilities,
30 including roadways, bridges, and parking areas, that as the
31 Department deems necessary or desirable for maximum
32 utilization of recreational facilities for public use of the
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1 areas.
2 (Source: Laws 1967, p. 1088.)
3 (20 ILCS 805/805-235 new)
4 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
5 Sec. 805-235. Lease of lands acquired by the Department;
6 disposition of obsolete buildings. The Department has the
7 power 63a6. to do and perform each and every act or thing
8 considered by the Director to be necessary or desirable to
9 fulfill and carry out the intent and purpose of all laws
10 pertaining to the Department, of Natural Resources including
11 the right to rehabilitate or sell at public auction,
12 buildings or structures affixed to lands over which the
13 Department has acquired jurisdiction when in the judgment of
14 the Director those such buildings or structures are obsolete,
15 inadequate, or unusable for the purposes of the Department
16 and to lease those such lands with or without appurtenances
17 for a consideration in money or in kind for a period of time
18 not in excess of 5 years for the such purposes and upon the
19 such terms and conditions that as the Director considers to
20 be in the best interests of the State when those such lands
21 are not immediately to be used or developed by the State.
22 All those such sales shall be made subject to the written
23 approval of the Governor. The funds derived from those such
24 sales and from those such leases shall be deposited in the
25 State Parks Fund, except that funds derived from those such
26 sales and from those such leases on lands managed and
27 operated principally as wildlife or fisheries areas by the
28 Department of Natural Resources shall be deposited in the
29 Wildlife and Fish Fund.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 805/805-240 new)
32 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
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1 Sec. 805-240. Sale of land affected by federal emergency
2 conservation work; work on privately owned land. 63b.
3 (a) The Department has of Natural Resources shall have
4 the power and authority for and on behalf of the State to
5 make contractual agreements with the federal government
6 providing that if, as a result of the emergency conservation
7 work done by the federal government on State, county, and
8 municipally owned land in Illinois, under the provisions of a
9 federal act entitled "An Act for the relief of unemployment
10 through the performance of useful public work, and for other
11 purposes,", enacted by the 73rd Congress, the State derives a
12 direct profit from the sale of that such land or its products
13 , then that the proceeds will be divided equally between the
14 State of Illinois, and the federal government until the State
15 shall have paid for the work done at the rate of $1.00 per
16 man per day for the time spent on the such work or projects,
17 subject to a maximum of $3.00 per acre.
18 The Department's agreements with the U.S. Government may
19 include general indemnification provisions as required by
20 federal statutes for nonfederal sponsorship of a federally
21 authorized project.
22 (b) The Department may also assume responsibility for
23 the maintenance of work done on privately owned land either
24 by the owners of the land or otherwise and may by contract
25 with the owners reserve the right to remove any structures or
26 other things of removable value resulting from the work,
27 including products of trees planted, the such removal to be
28 without compensation to the landowner.
29 (Source: P.A. 89-445, eff. 2-7-96.)
30 (20 ILCS 805/805-245 new)
31 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
32 Sec. 805-245. Disposition of State park lands. 63b2.1.
33 The Department of Natural Resources shall not dispose of any
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1 portion of a State park except as specifically authorized by
2 law. This prohibition shall not restrict the Department from
3 conveyance of easements and other lesser interests in land.
4 (Source: P.A. 89-445, eff. 2-7-96.)
5 (20 ILCS 805/805-250 new)
6 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
7 Sec. 805-250. Leases for strategic military sites. The
8 Department has the power 63a20. to lease lands over which the
9 Department has jurisdiction to the United States Army for use
10 as strategic military sites for a period not to exceed 10
11 years. All such leases, for whatever period, shall be subject
12 to the written approval of the Governor.
13 (Source: Laws 1967, p. 1088.)
14 (20 ILCS 805/805-255 new)
15 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
16 Sec. 805-255. Transfers to other State agency or federal
17 government; acquisition of federal lands. The Department has
18 the power 63a10. to transfer jurisdiction of or exchange any
19 realty under the control of the Department to any other
20 department of the State government, or to any agency of the
21 federal government, or to acquire or accept federal lands,
22 when the such transfer, exchange, acquisition, or acceptance
23 is advantageous to the State and is approved in writing by
24 the Governor.
25 (Source: Laws 1967, p. 1088.)
26 (20 ILCS 805/805-260 new)
27 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
28 Sec. 805-260. Licenses and rights-of-way for public
29 services. The Department has the power 63a7. to grant
30 licenses and rights-of-way within the areas controlled by the
31 Department for the construction, operation, and maintenance
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1 upon, under, or across the such property, of facilities for
2 water, sewage, telephone, telegraph, electric, gas, or other
3 public service, subject to such terms and conditions as may
4 be determined by the Department.
5 (Source: Laws 1967, p. 1088.)
6 (20 ILCS 805/805-265 new)
7 (was 20 ILCS 805/63a39)
8 Sec. 805-265. Public utility easement on Tunnel Hill
9 Bicycle Trail. The Department has the power 63a39. to grant
10 a public utility easement in the Saline Valley Conservance
11 District on the Tunnel Hill Bicycle Trail for construction
12 and maintenance of a waterline, subject to such terms and
13 conditions as may be determined by the Department.
14 (Source: P.A. 88-369.)
15 (20 ILCS 805/805-270 new)
16 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
17 Sec. 805-270. Surplus agricultural products. The
18 Department has the power 63a26. to sell or exchange surplus
19 agricultural products grown on land owned by or under the
20 jurisdiction of the Department, when those such products
21 cannot be used by the Department.
22 (Source: P.A. 83-1374; 83-1486.)
23 (20 ILCS 805/805-275 new)
24 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
25 Sec. 805-275. Sale of 63a27. To sell gravel and other
26 materials. The Department has the power to sell gravel, sand,
27 earth, or other material from any State of Illinois owned
28 lands or waters under the jurisdiction of the Department at a
29 fair market price. The proceeds from the such sales shall be
30 deposited into in the Wildlife and Fish Fund in the State
31 treasury.
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1 (Source: P.A. 90-372, eff. 7-1-98.)
2 (20 ILCS 805/805-300 new)
3 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
4 Sec. 805-300. Public accommodation, educational, and
5 service facilities. The Department has the power 63a21. to
6 develop and operate public accommodation, educational, and
7 service facilities on lands over which the Department has
8 jurisdiction, and to lease lands over which the Department
9 has jurisdiction to persons or public or private corporations
10 for a period not to exceed 99 years for the construction,
11 maintenance, and operation of public accommodation,
12 educational, and service facilities. Those Such public
13 accommodation, educational, and service facilities include,
14 but are not limited to, marinas, overnight housing
15 facilities, tent and trailer camping facilities, recreation
16 facilities, food service facilities, and similar
17 accommodations. With respect to lands leased from the federal
18 government or any agency of the federal government thereof,
19 the Department may sub-lease those such lands for a period
20 not to exceed the time of duration of the federal lease with
21 the same renewal options that are contained in the federal
22 lease. All such leases or sub-leases, for whatever period,
23 shall be made subject to the written approval of the
24 Governor.
25 (Source: P.A. 84-984.)
26 (20 ILCS 805/805-305 new)
27 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
28 Sec. 805-305. 63a23. Campsites and housing facilities.
29 The Department has the power to provide facilities for
30 overnight tent and trailer camp sites and to provide suitable
31 housing facilities for student and juvenile overnight camping
32 groups. The Department of Natural Resources may regulate, by
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1 administrative order, the fees to be charged for tent and
2 trailer camping units at individual park areas based upon the
3 facilities available. However, for campsites with access to
4 showers or electricity, any Illinois resident who is age 62
5 or older or has a Class 2 disability as defined in Section 4A
6 of the Illinois Identification Card Act shall be charged only
7 one-half of the camping fee charged to the general public
8 during the period Monday through Thursday of any week and
9 shall be charged the same camping fee as the general public
10 on all other days. For campsites without access to showers
11 or electricity, no camping fee authorized by this Section
12 shall be charged to any resident of Illinois who has a Class
13 2 disability as defined in Section 4A of the Illinois
14 Identification Card Act. For campsites without access to
15 showers or electricity, no camping fee authorized by this
16 Section shall be charged to any resident of Illinois who is
17 age 62 or older for the use of a camp site unit during the
18 period Monday through Thursday of any week. No camping fee
19 authorized by this Section shall be charged to any resident
20 of Illinois who is a disabled veteran or a former prisoner of
21 war, as defined in Section 5 of the Department of Veterans
22 Affairs Act. Nonresidents shall be charged the same fees as
23 are authorized for the general public regardless of age. The
24 Department shall provide by regulation for suitable proof of
25 age, or either a valid driver's license or a "Golden Age
26 Passport" issued by the federal government shall be
27 acceptable as proof of age. The Department shall further
28 provide by regulation that notice of these such reduced
29 admission fees be posted in a conspicuous place and manner.
30 Reduced fees authorized in this Section shall not apply
31 to any charge for utility service.
32 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
33 (20 ILCS 805/805-310 new)
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1 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
2 Sec. 805-310. Lease of campsite facilities from State
3 Parks Revenue Bond Commission. The Department has the power
4 63a24. to lease from the State Parks Revenue Bond Commission
5 any facilities for overnight tent and trailer campsites
6 constructed by the Commission that the Department may
7 consider desirable or necessary for the efficient operation
8 of the State Parks System. The income collected from these
9 such operations shall be deposited in the State Parks Revenue
10 Bond Fund.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/805-315 new)
13 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
14 Sec. 805-315. Cash incentives for concession complexes.
15 The Department has the power 63a21.2. to offer a cash
16 incentive not to exceed 35% of the total documented costs to
17 a qualified bidder for the development, construction, and
18 supervision by the such bidder of any concession complex,
19 including but not limited to resort hotels, park lodges,
20 marinas, golf courses, recreational developments, and
21 ancillary or support facilities pertinent thereto, on any
22 property leased to or under the jurisdiction of the
23 Department; provided, however, that all contracts utilizing
24 the State cash incentive program pursuant to this Section
25 shall be subject to public bidding and to the written
26 approval of the Governor. Prior to approval by the Governor,
27 the Department shall give reasonable public notice and
28 conduct a public hearing in a community close to the proposed
29 project.
30 (Source: P.A. 85-699; 86-1189.)
31 (20 ILCS 805/805-320 new)
32 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
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1 Sec. 805-320. Cash incentive for concession complex at
2 Fort Massac State Park. The Department has the power
3 63a21.3. to offer a cash incentive not to exceed $400,000,
4 excluding land value, to a qualified bidder for the
5 development, construction, and supervision by the such bidder
6 of a concession complex at Fort Massac State Park, including
7 but not limited to a water recreational park, recreational
8 developments, and ancillary or support facilities pertinent
9 thereto, on any property leased to or under the jurisdiction
10 of the Department; provided, however, that all contracts
11 utilizing the State cash incentive program pursuant to this
12 Section shall be subject to public bidding and to the written
13 approval of the Governor. Prior to approval by the Governor,
14 the Department shall give reasonable public notice and
15 conduct a public hearing in a community close to the proposed
16 project.
17 (Source: P.A. 84-1316.)
18 (20 ILCS 805/805-325 new)
19 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
20 Sec. 805-325. Public boat launching facilities;
21 artificial water impoundments. The Department has the power
22 63a25. to cooperate and contract with municipalities,
23 counties, or other local governmental units to construct and
24 operate public boat launching facilities on the public waters
25 of this State and to build roads and parking areas in
26 connection therewith and to participate with all such
27 governmental units in planning and constructing artificial
28 water impoundments for recreational purposes.
29 (Source: Laws 1967, p. 1088.)
30 (20 ILCS 805/805-330 new)
31 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
32 Sec. 805-330. Lease of concessions. The Department has
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1 the power 63a14. to lease concessions on any property under
2 the jurisdiction of the Department of Natural Resources for a
3 period not exceeding 25 years. All such leases, for whatever
4 period, shall be made subject to the written approval of the
5 Governor. All concession leases executed after January 1,
6 1982, extending for a period in excess of 10 years, shall
7 will contain provisions for the Department to participate, on
8 a percentage basis, in the revenues generated by any
9 concession operation.
10 The Department of Natural Resources is authorized to
11 allow for provisions for a reserve account and a leasehold
12 account included within departmental concession lease
13 agreements for the purpose of setting aside revenues for the
14 maintenance, rehabilitation, repair, improvement, and
15 replacement of the concession facility, structure, and
16 equipment of the Department that of Natural Resources which
17 are a part of the leased premises.
18 The leasehold account shall allow for the amortization of
19 certain authorized expenses that are incurred by the
20 concession lessee, but that which are not an obligation of
21 the lessee under the terms and conditions of the lease
22 agreement. The Department of Natural Resources may allow a
23 reduction of up to 50% of the monthly rent due for the
24 purpose of enabling the recoupment of the lessee's authorized
25 expenditures during the term of the lease.
26 The lessee shall be required to pay into the reserve
27 account a percentage of gross receipts, as set forth in the
28 lease, to be set aside and expended in a manner acceptable to
29 the Department by the concession lessee for the purpose of
30 ensuring that an appropriate amount of the lessee's monies
31 are provided by the lessee to satisfy the lessee's incurred
32 responsibilities for the operation of the concession facility
33 under the terms and conditions of the concession lease.
34 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 805/805-335 new)
2 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
3 Sec. 805-335. 63a21.1. Fees. The Department has the
4 power to assess appropriate and reasonable fees for the use
5 of concession type facilities as well as other facilities and
6 sites under the jurisdiction of the Department of Natural
7 Resources. The Department may regulate, by rule, the fees to
8 be charged. The income collected shall be deposited into in
9 the State Parks Fund or Wildlife and Fish Fund depending on
10 the classification of the State managed facility involved.
11 (Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98.)
12 (20 ILCS 805/805-400 new)
13 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
14 Sec. 805-400. Rental of watercraft. The Department has
15 the power 63a22. to provide rowboats and other watercraft for
16 daily rental at a reasonable fee at any of the State parks,
17 public hunting areas, public fishing areas, or other
18 properties of the Department of Natural Resources where those
19 such boating facilities are considered feasible.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (20 ILCS 805/805-405 new)
22 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
23 Sec. 805-405. Sale of publications and craft items. The
24 Department has the power 63a30. to cooperate with private
25 organizations and agencies of the State of Illinois by
26 providing areas and the use of staff personnel where feasible
27 for the sale of publications on the natural and cultural
28 heritage of the State and craft items made by Illinois
29 craftsmen. The Such sales shall not conflict with existing
30 concession agreements. The Department is authorized to
31 negotiate with those such organizations and agencies for a
32 portion of the monies received from sales to be returned to
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1 the Department's State Parks Fund for the furtherance of
2 interpretive and restoration programs.
3 (Source: P.A. 79-332; 79-847; 79-1454.)
4 (20 ILCS 805/805-410 new)
5 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
6 Sec. 805-410. Local bank accounts. The Department has
7 the power 63a32. to establish local bank or savings and loan
8 association accounts, upon the written authorization of the
9 Director, to temporarily hold income received at any of its
10 properties. Such Local accounts established pursuant to this
11 Section shall be in the name of the Department of Natural
12 Resources and shall be subject to regular audits. The
13 balance in a local bank or savings and loan association
14 account shall be forwarded to the Department of Natural
15 Resources for deposit with the State Treasurer on Monday of
16 each week if the amount to be deposited in a fund exceeds
17 $500.
18 No bank or savings and loan association shall receive
19 public funds as permitted by this Section, unless it has
20 complied with the requirements established pursuant to
21 Section 6 of the Public Funds Investment Act "An Act relating
22 to certain investments of public funds by public agencies",
23 approved July 23, 1943, as now or hereafter amended.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 805/805-420 new)
26 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
27 Sec. 805-420. Appropriations from Park and Conservation
28 Fund. The Department has the power 63a36. to expend monies
29 appropriated to the Department of Natural Resources from the
30 Park and Conservation Fund in the State treasury for
31 conservation and park purposes.
32 All revenue derived from fees paid for certificates of
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1 title, duplicate certificates of title and corrected
2 certificates of title and deposited in the Park and
3 Conservation Fund, as provided for in Section 2-119 of the
4 Illinois Vehicle Code, shall be expended solely by the
5 Department of Natural Resources pursuant to an appropriation
6 for acquisition, development, and maintenance of bike paths,
7 including grants for the acquisition and development of bike
8 paths.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 805/805-425 new)
11 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
12 Sec. 805-425. Purchase of advertising. 63b2.3. The
13 Department of Natural Resources has the power and authority
14 to purchase advertising for the purpose of education programs
15 concerning conservation.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (20 ILCS 805/805-430 new)
18 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
19 Sec. 805-430. Sale of advertising. 63b2.4. The
20 Department of Natural Resources has the power and authority
21 to sell or exchange advertising rights in its publications
22 and printed materials. The sale of advertising shall be
23 subject to the rules and regulations promulgated by the
24 Department. All income received from the sale of advertising
25 shall be deposited in the Wildlife and Fish Fund, except that
26 income received from advertising in State Park brochures
27 shall be deposited into the State Parks Fund and income
28 received from advertising in boating or snowmobile program
29 literature shall be deposited in the State Boating Act Fund.
30 (Source: P.A. 88-130; 89-445, eff. 2-7-96.)
31 (20 ILCS 805/805-435 new)
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1 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
2 Sec. 805-435. Office of Conservation Resource Marketing.
3 63b2.5. The Department of Natural Resources shall maintain
4 an Office of Conservation Resource Marketing. The Office
5 shall conduct a program for marketing and promoting the use
6 of conservation resources in Illinois with emphasis on
7 recreation and tourism facilities. The Such Office shall
8 coordinate its tourism promotion efforts with local community
9 events and shall include a field staff which shall work with
10 the Department of Commerce and Community Affairs and local
11 officials to coordinate State and local activities for the
12 purpose of expanding tourism and local economies. The Office
13 shall develop, review, and coordinate brochures and
14 information pamphlets for promoting the use of conservation
15 resources. The Office shall conduct marketing research to
16 identify organizations and target populations that which can
17 be encouraged to use Illinois recreation facilities for group
18 events and the many tourist sites.
19 The Director of Natural Resources shall submit an annual
20 report to the Governor and the General Assembly summarizing
21 the Office's its activities and including its recommendations
22 for improving the Department's tourism promotion and
23 marketing programs for conservation resources.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 805/805-500 new)
26 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
27 Sec. 805-500. Transfer from Department of Public Works
28 and Buildings. The Department has the power 63a12. to
29 exercise the rights, powers, and duties vested by law in the
30 Department of Public Works and Buildings as the successor of
31 the following agencies, their officers and employees: the
32 Illinois Park Commission, the Lincoln Homestead trustees, and
33 the board of commissioners of and for the Lincoln Monument
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1 grounds.
2 (Source: Laws 1967, p. 1088.)
3 (20 ILCS 805/805-505 new)
4 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
5 Sec. 805-505. Transfer from Illinois Bicentennial
6 Commission. The Department has the power 63a31. to exercise
7 the rights, powers, and duties of the Illinois Bicentennial
8 Commission under the "Illinois Bicentennial Commission Act",
9 approved August 2, 1972 (repealed), as amended. All books,
10 records, equipment, and other property held by or in the
11 custody of Illinois Bicentennial Commission shall be
12 transferred to the Department of Natural Resources (formerly
13 designated the Department of Conservation), which shall be
14 the successor agency to the Commission. Every person or
15 legal entity who entered into any agreement with the Illinois
16 Bicentennial Commission shall be subject to the same
17 obligations and duties and shall have the same rights as if
18 that person or legal entity had entered in the agreement with
19 the Department of Natural Resources.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (20 ILCS 805/805-510 new)
22 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
23 Sec. 805-510. Public monuments and memorials. The
24 Department has the power 63a13. to erect, supervise, and
25 maintain all public monuments and memorials erected by the
26 State on properties under the jurisdiction of the Department
27 of Natural Resources, except when the supervision and
28 maintenance of a monument or memorial thereof is otherwise
29 provided by law. Under the power granted by this Section the
30 Department shall (i) provide a site in Rock Cut State Park
31 for the Winnebago County Vietnam Veterans' Memorial; and (ii)
32 allow the Vietnam Veterans' Honor Society to erect the
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1 Memorial of an agreed design.
2 (Source: P.A. 90-372, eff. 7-1-98.)
3 (20 ILCS 805/805-515 new)
4 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
5 Sec. 805-515. Enforcement of laws and regulations. The
6 Department has the power 63a28. to enforce the laws of the
7 State and the rules and regulations of the Department in or
8 on any lands owned, leased, or managed by the Department and
9 any lands that are dedicated as a nature preserve or buffer
10 area under the "Illinois Natural Areas Preservation Act", as
11 now or hereafter amended.
12 (Source: P.A. 82-445.)
13 (20 ILCS 805/805-520 new)
14 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
15 Sec. 805-520. Operation of motorboats. The Department
16 has the power 63a11. to enforce the provisions of "An Act
17 regulating the operation of motorboats", approved July 18,
18 1947 (repealed).
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/805-525 new)
21 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
22 Sec. 805-525. Regulation of boats on lakes. The
23 Department has the power 63a15. to designate the size, type,
24 and kind of boats that may be used on lakes owned and
25 operated by the Department and to charge a reasonable annual
26 service, usage, or rental fee for the use of privately owned
27 boats on those such lakes.
28 (Source: Laws 1967, p. 1088.)
29 (20 ILCS 805/805-530 new)
30 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
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1 Sec. 805-530. Agents' entry on lands and waters. 63a9.
2 The officers, employees, and agents of the Department of
3 Natural Resources, for the purposes of investigation and to
4 exercise the rights, powers, and duties vested and that may
5 be vested in it, may enter and cross all lands and waters in
6 this State, doing no damage to private property.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (20 ILCS 805/805-535 new)
9 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
10 Sec. 805-535. Conservation Police Officers. 63b2.2. In
11 addition to the arrest powers prescribed by law, Conservation
12 Police Officers are conservators of the peace and as such
13 have all powers possessed by policemen, except that they may
14 exercise those such powers anywhere in this State.
15 Conservation Police Officers acting under the authority of
16 this Section are considered employees of the Department and
17 are subject to its direction, benefits, and legal protection.
18 (Source: P.A. 83-483.)
19 (20 ILCS 805/805-540 new)
20 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
21 Sec. 805-540. Enforcement of adjoining state's laws.
22 63b2.6. The Director of Natural Resources may grant
23 authority to the officers of any adjoining state who are
24 authorized and directed to enforce the laws of that state
25 relating to the protection of flora and fauna to take any of
26 the following actions and have the following powers within
27 the State of Illinois:
28 (1) To follow, seize, and return to the adjoining
29 state any flora or fauna or part thereof shipped or taken
30 from the adjoining state in violation of the laws of that
31 state and brought into this State.
32 (2) To dispose of any such flora or fauna or part
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1 thereof under the supervision of an Illinois Conservation
2 Police Officer.
3 (3) To enforce as an agent of this State, with the
4 same powers as an Illinois Conservation Police Officer,
5 each of the following laws of this State:
6 (i) The Illinois Endangered Species Protection
7 Act.;
8 (ii) The Fish and Aquatic Life Code.;
9 (iii) The Wildlife Code.;
10 (iv) The Wildlife Habitat Management Areas Act
11 .;
12 (v) The Hunter Interference Prohibition Act.;
13 (vi) The Illinois Non-Game Wildlife Protection
14 Act.;
15 (vii) The Ginseng Harvesting Act.;
16 (viii) The State Forest Act.;
17 (ix) The Forest Products Transportation Act.;
18 (x) The Timber Buyers Licensing Act..
19 Any officer of an adjoining state acting under a power or
20 authority granted by the Director of Natural Resources
21 pursuant to this Section shall act without compensation or
22 other benefits from this State and without this State having
23 any liability for the acts or omissions of that officer.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 1005/Art. 1005 heading new)
26 ARTICLE 1005. DEPARTMENT OF EMPLOYMENT SECURITY
27 (20 ILCS 1005/1005-1 new)
28 Sec. 1005-1. Article short title. This Article 1005 of
29 the Civil Administrative Code of Illinois may be cited as the
30 Department of Employment Security Law.
31 (20 ILCS 1005/1005-5 new)
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1 Sec. 1005-5. Definitions. In this Law:
2 "Department" means the Department of Employment Security.
3 "Director" means the Director of Employment Security.
4 (20 ILCS 1005/1005-10 new)
5 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
6 Sec. 1005-10. Powers, generally. 43a. The Department of
7 Employment Security has the powers enumerated in the
8 following Sections 43a.01 to 43a.12.
9 (Source: P.A. 84-1430.)
10 (20 ILCS 1005/1005-15 new)
11 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
12 Sec. 1005-15. Employment opportunities. The Department
13 has the power 43a.02. to advance opportunities for
14 profitable employment.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/1005-20 new)
17 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
18 Sec. 1005-20. Statistical details of manufacturing
19 industries and commerce. The Department has the power
20 43a.04. to collect, collate, assort, systematize, and report
21 statistical details of the manufacturing industries and
22 commerce of the State.
23 (Source: P.A. 83-1503.)
24 (20 ILCS 1005/1005-25 new)
25 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
26 Sec. 1005-25. Labor information. The Department has the
27 power 43a.05. to acquire and diffuse useful information on
28 subjects connected with labor in the most general and
29 comprehensive sense of that word.
30 (Source: P.A. 83-1503.)
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1 (20 ILCS 1005/1005-30 new)
2 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
3 Sec. 1005-30. Statistical details relating to
4 departments of labor. The Department has the power 43a.03.
5 to collect, collate, assort, systematize, and report
6 statistical details relating to all departments of labor,
7 especially in its relation to commercial, industrial, social,
8 educational, and sanitary conditions, and to the permanent
9 prosperity of the manufacturing and productive industries.
10 (Source: P.A. 83-1503.)
11 (20 ILCS 1005/1005-35 new)
12 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
13 Sec. 1005-35. General conditions of leading industries.
14 The Department has the power 43a.07. to acquire information
15 and report upon the general conditions, so far as production
16 is concerned, of the leading industries of the State.
17 (Source: P.A. 83-1503.)
18 (20 ILCS 1005/1005-40 new)
19 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
20 Sec. 1005-40. Conditions of employment. The Department
21 has the power 43a.08. to acquire and diffuse information as
22 to the conditions of employment, and such other facts that as
23 43a.06. to acquire and diffuse
30 among the people useful information concerning the means of
31 promoting the material, social, intellectual, and moral
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1 prosperity of laboring men and women.
2 (Source: P.A. 83-1503.)
3 (20 ILCS 1005/1005-50 new)
4 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
5 Sec. 1005-50. Welfare of wage earners. The Department
6 has the power 43a.11. to foster, promote, and develop the
7 welfare of wage earners.
8 (Source: P.A. 83-1503.)
9 (20 ILCS 1005/1005-75 new)
10 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
11 Sec. 1005-75. Jobs for summer employment of youth. The
12 Department has the power 43a.12. to make available through
13 its the offices of the Department of Employment Security a
14 listing of all jobs available in each area for the summer
15 employment of youth.
16 (Source: P.A. 84-1430.)
17 (20 ILCS 1005/1005-100 new)
18 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
19 Sec. 1005-100. 43a.01. Public employment offices. The
20 Department has the power to exercise the rights, powers, and
21 duties vested by law in the general advisory board of public
22 employment offices, local advisory boards of public
23 employment offices, and other officers and employees of
24 public employment offices.
25 (Source: P.A. 90-372, eff. 7-1-98.)
26 (20 ILCS 1005/1005-105 new)
27 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
28 Sec. 1005-105. 43a.09. Administration of Unemployment
29 Insurance Act. The Department has the power to administer the
30 provisions of the Unemployment Insurance Act insofar as those
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1 provisions relate to the powers and duties of the Director of
2 the Department of Employment Security.
3 (Source: P.A. 90-372, eff. 7-1-98.)
4 (20 ILCS 1005/1005-110 new)
5 (was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
6 Sec. 1005-110. Board of Review. 44a. The Board of Review
7 in the Department of Employment Security shall exercise all
8 powers and be subject to all duties conferred or imposed upon
9 the said Board by the provisions of the Unemployment
10 Insurance Compensation Act, enacted by the Sixtieth General
11 Assembly, and by all amendments thereto or modifications
12 thereof, in its own name, and without any direction,
13 supervision, or control by the Director of Employment
14 Security.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/1005-115 new)
17 (was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
18 Sec. 1005-115. Transfer of lands to other State agency;
19 acquisition of federal lands. The Department has the power
20 43a.10. to transfer jurisdiction of any realty under the
21 control of the Department to any other department of the
22 State government, or to acquire or accept federal lands, when
23 the such transfer, acquisition, or acceptance is advantageous
24 to the State and is approved in writing by the Governor.
25 (Source: P.A. 83-1503.)
26 (20 ILCS 1005/1005-120 new)
27 (was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
28 Sec. 1005-120. Contracts for payment of compensation to
29 Department. The Department has the power 43a.13. to enter
30 into contracts that which may provide for payment of
31 negotiated royalties, licensing fees, or other compensation
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1 to the Department.
2 (Source: P.A. 87-1178.)
3 (20 ILCS 1005/1005-130 new)
4 (was 20 ILCS 1005/43a.14)
5 Sec. 1005-130. 43a.14. Exchange of information for child
6 support enforcement.
7 (a) The Department has the power to exchange with the
8 Illinois Department of Public Aid information that may be
9 necessary for the enforcement of child support orders entered
10 pursuant to the Illinois Public Aid Code, the Illinois
11 Marriage and Dissolution of Marriage Act, the Non-Support of
12 Spouse and Children Act, the Revised Uniform Reciprocal
13 Enforcement of Support Act, the Uniform Interstate Family
14 Support Act, or the Illinois Parentage Act of 1984.
15 (b) Notwithstanding any provisions in the Civil
16 Administrative this Code of Illinois to the contrary, the
17 Department of Employment Security shall not be liable to any
18 person for any disclosure of information to the Illinois
19 Department of Public Aid under subsection (a) or for any
20 other action taken in good faith to comply with the
21 requirements of subsection (a).
22 (Source: P.A. 90-18, eff. 7-1-97.)
23 (20 ILCS 1005/1005-150 new)
24 (was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
25 Sec. 1005-150. Transfer from Department of Labor, Bureau
26 of Employment Security. 34.2. The Department of Employment
27 Security shall assume all rights, powers, duties, and
28 responsibilities of the Department of Labor, Bureau of
29 Employment Security as the successor to that Bureau. The
30 Bureau of Employment Security in the Department of Labor is
31 hereby abolished.
32 Personnel, books, records, papers, documents, property,
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1 real and personal, unexpended appropriations, and pending
2 business in any way pertaining to the former Department of
3 Labor, Bureau of Employment Security are transferred to the
4 Department of Employment Security, but any rights of
5 employees or the State under the "Personnel Code" or any
6 other contract or plan shall be unaffected by this transfer
7 hereby. No rule or regulation promulgated by the Department
8 of Labor pursuant to an exercise of any right, power, duty,
9 or responsibility transferred to the Department of Employment
10 Security shall be affected by this amendatory Act of 1984,
11 and all those such rules and regulations shall become the
12 rules and regulations of the Department of Employment
13 Security.
14 (Source: P.A. 83-1503.)
15 (20 ILCS 1405/Art. 1405 heading new)
16 ARTICLE 1405. DEPARTMENT OF INSURANCE
17 (20 ILCS 1405/1405-1 new)
18 Sec. 1405-1. Article short title. This Article 1405 of
19 the Civil Administrative Code of Illinois may be cited as the
20 Department of Insurance Law.
21 (20 ILCS 1405/1405-5 new)
22 (was 20 ILCS 1405/56) (from Ch. 127, par. 56)
23 Sec. 1405-5. General powers. 56. The Department of
24 Insurance has the following powers shall have power:
25 (1) 1. To exercise the rights, powers, and duties
26 vested by law in the insurance superintendent and the
27 superintendent's, his officers and employees. employes;
28 (2) 2. To exercise the rights, powers, and duties
29 that which have been vested by law in the Department of
30 Trade and Commerce as the successor of the insurance
31 superintendent and the superintendent's, his officers and
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1 employees. employes;
2 (3) 3. To exercise the rights, powers, and duties
3 heretofore vested by law in the Department of Trade and
4 Commerce, or in the Director of Trade and Commerce, by:
5 (A) all laws in relation to insurance; and
6 (B) Article 22 of the "Illinois Pension
7 Code.", approved March 18, 1963, as amended;
8 (4) 4. To execute and administer all laws
9 heretofore or hereafter enacted, relating to insurance.
10 (5) 5. To transfer jurisdiction of any realty under
11 the control of the Department to any other department of
12 the State Government, or to acquire or accept federal
13 lands, when the such transfer, acquisition, or acceptance
14 is advantageous to the State and is approved in writing
15 by the Governor.
16 (Source: P.A. 83-333.)
17 (20 ILCS 1405/1405-10 new)
18 (was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
19 Sec. 1405-10. 56.1. Child health insurance plan study.
20 The Department of Insurance shall cooperate with and provide
21 consultation to the Department of Public Health in studying
22 the feasibility of a child health insurance plan as provided
23 in Section 2310-275 55.61 of the Department of Public Health
24 Powers and Duties Law (20 ILCS 2310/2310-275) this Code.
25 (Source: P.A. 87-252.)
26 (20 ILCS 1405/1405-15 new)
27 (was 20 ILCS 1405/56.2)
28 Sec. 1405-15. 56.2. Senior citizen assistance and
29 information program.
30 (a) The Department of Insurance shall administer and
31 operate a program to provide assistance and information to
32 senior citizens in relation to insurance matters. The
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1 program may include, but is not limited to, counseling for
2 senior citizens in the evaluation, comparison, or selection
3 of Medicare options, Medicare supplement insurance, and
4 long-term care insurance.
5 (b) The Department shall recruit and train volunteers to
6 provide the following:
7 (i) one-on-one counseling on insurance matters; and
8 (ii) education on insurance matters to senior
9 citizens through public forums.
10 (c) The Department shall solicit the volunteers for
11 their input and advice on the success and accessibility of
12 the program.
13 (d) The Department shall strive to assure that all
14 seniors residing in Illinois have access to the program.
15 (e) The Department of Insurance may promulgate
16 reasonable rules necessary to implement this Section.
17 (Source: P.A. 89-224, eff. 1-1-96.)
18 (20 ILCS 1505/Art. 1505 heading new)
19 ARTICLE 1505. DEPARTMENT OF LABOR
20 (20 ILCS 1505/1505-1 new)
21 Sec. 1505-1. Article short title. This Article 1505 of
22 the Civil Administrative Code of Illinois may be cited as the
23 Department of Labor Law.
24 (20 ILCS 1505/1505-5 new)
25 Sec. 1505-5. Definition. In this Law, "Department"
26 means the Department of Labor.
27 (20 ILCS 1505/1505-10 new)
28 (was 20 ILCS 1505/43) (from Ch. 127, par. 43)
29 Sec. 1505-10. Powers, generally. 43. The Department of
30 Labor has the powers enumerated in the following Sections
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1 43.01 to 43.21, each inclusive.
2 (Source: P.A. 86-610.)
3 (20 ILCS 1505/1505-15 new)
4 (was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
5 Sec. 1505-15. Welfare of wage earners. The Department
6 has the power 43.07. to foster, promote, and develop the
7 welfare of wage earners.
8 (Source: Laws 1953, p. 1442.)
9 (20 ILCS 1505/1505-20 new)
10 (was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
11 Sec. 1505-20. Prosperity of laboring men and women;
12 progress of women and minorities.
13 (a) The Department has the power 43.13. to acquire and
14 diffuse among the people useful information concerning the
15 means of promoting the material, social, intellectual, and
16 moral prosperity of laboring men and women.
17 (b) The Department shall monitor the employment progress
18 of women and minorities in the work force, including access
19 to the public sector, the private sector, labor unions, and
20 collective bargaining units. This information shall be
21 provided to the General Assembly in the form of an annual
22 report no later than April 1 of each year.
23 (Source: P.A. 87-405.)
24 (20 ILCS 1505/1505-25 new)
25 (was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
26 Sec. 1505-25. Opportunities for profitable employment.
27 The Department has the power 43.09. to advance opportunities
28 for profitable employment.
29 (Source: Laws 1953, p. 1442.)
30 (20 ILCS 1505/1505-30 new)
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1 (was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
2 Sec. 1505-30. Improving working conditions. The
3 Department has the power 43.08. to improve working
4 conditions.
5 (Source: Laws 1953, p. 1442.)
6 (20 ILCS 1505/1505-35 new)
7 (was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
8 Sec. 1505-35. Statistical details relating to
9 departments of labor. The Department has the power 43.10. to
10 collect, collate, assort, systematize, and report statistical
11 details relating to all departments of labor, especially in
12 its relation to commercial, industrial, social, educational,
13 and sanitary conditions, and to the permanent prosperity of
14 the manufacturing and productive industries.
15 (Source: Laws 1953, p. 1442.)
16 (20 ILCS 1505/1505-40 new)
17 (was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
18 Sec. 1505-40. Information on subjects connected with
19 labor. The Department has the power 43.12. to acquire and
20 diffuse useful information on subjects connected with labor
21 in the most general and comprehensive sense of that word.
22 (Source: Laws 1953, p. 1442.)
23 (20 ILCS 1505/1505-45 new)
24 (was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
25 Sec. 1505-45. Migrant agricultural labor. The
26 Department has the power 43.15a. to study the nature and
27 extent of the labor and employment problems of migrant
28 agricultural labor, with particular attention to its
29 differences from the problems of resident agricultural labor.
30 (Source: P.A. 77-1734.)
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1 (20 ILCS 1505/1505-50 new)
2 (was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
3 Sec. 1505-50. Prevention of accidents and occupational
4 diseases. The Department has the power 43.16 to acquire and
5 diffuse information in relation to the prevention of
6 accidents, occupational diseases, and other related subjects.
7 (Source: Laws 1953, p. 1442.)
8 (20 ILCS 1505/1505-120 new)
9 (was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
10 Sec. 1505-120. Act in relation to payment of wages. The
11 Department has the power 43.17. to exercise the rights,
12 powers, and duties vested by law in the Department of Labor
13 under "An Act in relation to the payment of wages due
14 employees from their employers in certain cases, to provide
15 for the enforcement thereof through the Department of Labor,
16 and to prescribe penalties for the violation thereof",
17 approved July 9, 1937 (repealed), as amended.
18 (Source: Laws 1953, p. 1442.)
19 (20 ILCS 1505/1505-150 new)
20 (was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
21 Sec. 1505-150. Complaints by child care facility
22 employees. The Department has the power 43.20. to
23 investigate complaints, hold hearings, make determinations,
24 and take other actions with respect to complaints against
25 employers filed by employees of child care facilities
26 pursuant to Section 7.2 of the Child Care Act of 1969.
27 (Source: P.A. 85-987.)
28 (20 ILCS 1505/1505-200 new)
29 (was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
30 Sec. 1505-200. Criminal history record information.
31 43.21. Whenever the Department is authorized or required by
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1 law to consider some aspect of criminal history record
2 information for the purpose of carrying out its statutory
3 powers and responsibilities, then, upon request and payment
4 of fees in conformance with the requirements of subsection 22
5 of Section 2605-400 55a of the Department of State Police Law
6 (20 ILCS 2605/2605-400) "The Civil Administrative Code of
7 Illinois", the Department of State Police is authorized to
8 furnish, pursuant to positive identification, any such
9 information contained in State files that as is necessary to
10 fulfill the request.
11 (Source: P.A. 86-610.)
12 (20 ILCS 1710/Art. 1710 heading new)
13 ARTICLE 1710. DEPARTMENT OF HUMAN SERVICES
14 (AS SUCCESSOR TO DEPARTMENT OF
15 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
16 (20 ILCS 1710/1710-1 new)
17 Sec. 1710-1. Article short title. This Article 1710 of
18 the Administrative Code of Illinois may be cited as the
19 Department of Human Services (Mental Health and Developmental
20 Disabilities) Law.
21 (20 ILCS 1710/1710-5 new)
22 Sec. 1710-5. Definitions. In this Law:
23 "Department" means the Department of Human Services.
24 "Secretary" means the Secretary of Human Services.
25 (20 ILCS 1710/1710-10 new)
26 (was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
27 127, par. 53)
28 Sec. 1710-10. Powers, generally. 53. (a) The Department
29 of Human Services has the powers described in Sections
30 1710-15, 1710-20, 1710-25, and 1710-100. power:
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 1710/1710-15 new)
3 (was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
4 53)
5 Sec. 1710-15. Mental Health and Developmental
6 Disabilities Administrative Act. The Department has the power
7 1. to exercise the powers and duties set forth in the
8 Mental Health and Developmental Disabilities Administrative
9 Act.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (20 ILCS 1710/1710-20 new)
12 (was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
13 127, par. 53)
14 Sec. 1710-20. Mental Health and Developmental
15 Disabilities Code.
16 (a) The Department has the power 2. to administer the
17 provisions of the Mental Health and Developmental
18 Disabilities Code that which pertain to the responsibilities
19 of the Department of Human Services.
20 (b) The Department has the power 4. to initiate
21 injunction proceedings wherever it appears to the Secretary
22 of Human Services that any person, group of persons, or
23 corporation is engaged or about to engage in any acts or
24 practices that which constitute or will constitute a
25 violation of the Mental Health and Developmental Disabilities
26 Code or any rule or regulation prescribed under authority of
27 that Code thereof. The Secretary of Human Services may, in
28 his or her discretion, through the Attorney General, file a
29 complaint and apply for an injunction, and upon a proper
30 showing, any circuit court may issue a permanent or
31 preliminary injunction or a temporary restraining order
32 without bond to enforce that Code, rule, or regulation such
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1 Acts in addition to the penalties and other remedies provided
2 in that Code, rule, or regulation. such Acts and Either party
3 may appeal as in other civil cases.
4 (Source: P.A. 89-507, eff. 7-1-97.)
5 (20 ILCS 1710/1710-25 new)
6 (was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
7 53)
8 Sec. 1710-25. Escaped Inmate Damages Act. The Department
9 has the power 3. to exercise the powers and fulfill the
10 duties assigned the Department by the Escaped Inmate Damages
11 Act.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 1710/1710-30 new)
14 (was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
15 Sec. 1710-30. Specialized living centers. 53a. The
16 Department of Human Services shall exercise the powers and
17 perform the functions and duties as prescribed in the
18 Specialized Living Centers Act.
19 (Source: P.A. 89-507, eff. 7-1-97.)
20 (20 ILCS 1710/1710-50 new)
21 (was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
22 53)
23 Sec. 1710-50. Security force. The Department has the
24 power 5. to appoint, subject to the Personnel Code, members
25 of a security force who shall be authorized to transport
26 recipients between Department facilities or other locations,
27 search for and attempt to locate and transport missing
28 recipients, enforce Section 47 of the Mental Health and
29 Developmental Disabilities Administrative Act, and perform
30 other required duties. The director of a mental health or
31 developmental disability facility shall have authority to
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1 direct security forces. This authorization shall remain in
2 effect even if security forces are transporting recipients
3 across county or State boundaries. Security forces
4 performing their duties shall be indemnified as provided
5 under the State Employee Indemnification Act.
6 (Source: P.A. 89-507, eff. 7-1-97.)
7 (20 ILCS 1710/1710-75 new)
8 (was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
9 53)
10 Sec. 1710-75. Criminal history record information.
11 (b) Whenever the Department is authorized or required by law
12 to consider some aspect of criminal history record
13 information for the purpose of carrying out its statutory
14 powers and responsibilities, then, upon request and payment
15 of fees in conformance with the requirements of subsection 22
16 of Section 2605-400 55a of the Department of State Police Law
17 (20 ILCS 2605/2605-400) Civil Administrative Code of Illinois
18 such information
20 contained in State files that as is necessary to fulfill the
21 request.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 (20 ILCS 1710/1710-100 new)
24 (was 20 ILCS 1710/53d)
25 Sec. 1710-100. Grants to Illinois Special Olympics. 53d.
26 The Department of Human Services shall make grants to the
27 Illinois Special Olympics for area and statewide athletic
28 competitions from appropriations to the Department from the
29 Illinois Special Olympics Checkoff Fund, a special fund
30 created in the State treasury.
31 (Source: P.A. 88-459; 89-507, eff. 7-1-97.)
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1 (20 ILCS 1905/Art. 1905 heading new)
2 ARTICLE 1905. DEPARTMENT OF NATURAL
3 RESOURCES (MINES AND MINERALS)
4 (20 ILCS 1905/1905-1 new)
5 Sec. 1905-1. Article short title. This Article 1905 of
6 the Civil Administrative Code of Illinois may be cited as the
7 Department of Natural Resources (Mines and Minerals) Law.
8 (20 ILCS 1905/1905-5 new)
9 Sec. 1905-5. Definition. In this Law, "Department" means
10 the Department of Natural Resources.
11 (20 ILCS 1905/1905-10 new)
12 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
13 Sec. 1905-10. Powers, generally. 45. The Department has
14 the powers described in Sections 1905-15, 1905-20, 1905-25,
15 1905-30, 1905-40, 1905-45, 1905-50, 1905-90, 1905-100, and
16 1905-200. of Natural Resources shall have power:
17 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
18 (20 ILCS 1905/1905-15 new)
19 (was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
20 Sec. 1905-15. Mine accidents. The Department has the
21 power 1. to acquire and diffuse information concerning the
22 nature, causes, and prevention of mine accidents.;
23 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
24 (20 ILCS 1905/1905-20 new)
25 (was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
26 Sec. 1905-20. Mine methods, conditions, and equipment.
27 The Department has the power 2. to acquire and diffuse
28 information concerning the improvement of methods, conditions
29 , and equipment of mines, with special reference to health,
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1 safety, and conservation of mineral resources.;
2 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
3 (20 ILCS 1905/1905-25 new)
4 (was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
5 Sec. 1905-25. Economic conditions affecting mineral
6 industries. The Department has the power 3. to make
7 inquiries into the economic conditions affecting the mining,
8 quarrying, metallurgical, clay, oil, and other mineral
9 industries.;
10 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
11 (20 ILCS 1905/1905-30 new)
12 (was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
13 Sec. 1905-30. Technical efficiency of persons working in
14 mines. The Department has the power 4. to promote the
15 technical efficiency of all persons working in and about the
16 mines of the State, and to assist them better to overcome the
17 increasing difficulties of mining, and for that purpose to
18 provide bulletins, traveling libraries, lectures,
19 correspondence work, classes for systematic instruction, or
20 meetings for the reading and discussion of papers, and to
21 that end to cooperate with the University of Illinois.;
22 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
23 (20 ILCS 1905/1905-35 new)
24 (was 20 ILCS 1905/47)
25 Sec. 1905-35. 47. Coal quality testing program. The
26 Department's Department of Natural Resources' analytical
27 laboratory is authorized to test the quality of coal
28 delivered under State coal purchase contracts. The
29 Department shall establish, by rule, the fee charged to
30 defray the costs of this coal quality testing program.
31 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
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1 (20 ILCS 1905/1905-40 new)
2 (was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45)
3 Sec. 1905-40. Use of coal combustion by-products. The
4 Department has the power 10. to foster the utilization of
5 coal combustion by-products for the benefaction of soils in
6 the reclamation of previously surface-mined areas and in the
7 stabilization of final cuts, in the stabilization of
8 underground mined-out areas to mitigate subsidence of surface
9 lands, and in the reduction of acid mine drainage.
10 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
11 (20 ILCS 1905/1905-45 new)
12 (was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45)
13 Sec. 1905-45. Violations of Act concerning use of
14 Illinois coal. The Department has the power 5. to
15 investigate violations of "An Act concerning the use of
16 Illinois mined coal in certain plants and institutions,",
17 filed July 13, 1937 (repealed), and to institute proceedings
18 for the prosecution of violators of that Act thereof in
19 circuit courts.;
20 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
21 (20 ILCS 1905/1905-50 new)
22 (was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par.
23 45)
24 Sec. 1905-50. Violations of Coal Mining Act.
25 (a) The Department has the power 7. to investigate
26 violations of the Coal Mining Act and regulations issued
27 pursuant to that Act; to institute criminal proceedings for
28 prosecution of such a violation; and to institute civil
29 actions for relief, including applications for temporary
30 restraining orders and preliminary and permanent injunctions,
31 or any other appropriate action to enforce any order, notice,
32 or decision of the Director, the Mining Board, the
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1 Department of Natural Resources, or the Director of the
2 Office of Mines and Minerals.
3 (b) The Department has the power 8. to call or subpoena
4 witnesses, documents, or other evidence for the purpose of
5 conducting hearings pursuant to the Illinois Coal Mining Act
6 and to administer oaths and compensate witnesses pursuant to
7 that Act such statutes made and provided.
8 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
9 (20 ILCS 1905/1905-75 new)
10 (was 20 ILCS 1905/46) (from Ch. 127, par. 46)
11 Sec. 1905-75. Permits for diesel powered equipment or
12 explosives in underground coal mines. 46. During the period
13 commencing with the effective date of this amendatory Act and
14 ending January 1, 1986, the Department shall not issue any
15 new permits allowing the use of diesel powered equipment or
16 explosives while persons are working in any underground coal
17 mine, except that mines presently using such diesel equipment
18 or explosives shall not be prohibited from continuing that
19 such use. Nothing in this Section shall be interpreted or
20 construed so as to prohibit the use of compressed air as an
21 explosive in any underground coal mine.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 1905/1905-90 new)
24 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
25 Sec. 1905-90. State Mining Board. Any statute that which
26 by its terms is to be administered by the State Mining Board
27 shall be administered by the Board without any direction,
28 supervision, or control by the Director of Natural Resources
29 or the Director of the Office of Mines and Minerals, except
30 that which the Director of the Office may exercise by virtue
31 of being a member of the Board and except as may be provided
32 in the statute.
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1 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
2 (20 ILCS 1905/1905-100 new)
3 (was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45)
4 Sec. 1905-100. Public inspection of records. The
5 Department has the power 9. to make all records of the
6 Department open for inspection by interested persons and the
7 public.
8 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
9 (20 ILCS 1905/1905-105 new)
10 (was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2)
11 Sec. 1905-105. Proof of records in legal proceedings; fee
12 for certification. 45.2. The papers, entries, and records of
13 the Department of Natural Resources or parts thereof may be
14 proved in any legal proceeding by a copy thereof certified
15 under the signature of the keeper thereof in the name of the
16 Department with a seal of the Department attached. A fee of
17 $1.00 shall be paid to the Department of Natural Resources
18 for the such certification.
19 (Source: P.A. 89-445, eff. 2-7-96.)
20 (20 ILCS 1905/1905-110 new)
21 (was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1)
22 Sec. 1905-110. Verified documents; penalty for fraud.
23 45.1. Applications and other documents filed for the purpose
24 of obtaining permits, certificates, or other licenses under
25 Acts administered by the Department of Natural Resources
26 shall be verified or contain written affirmation that they
27 are signed under the penalties of perjury. A person who
28 knowingly signs a fraudulent document commits perjury as
29 defined in Section 32-2 of the Criminal Code of 1961 and for
30 the purpose of this Section shall be guilty of a Class A
31 misdemeanor.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 1905/1905-150 new)
3 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
4 Sec. 1905-150. Criminal history record information.
5 Whenever the Department is authorized or required by law to
6 consider some aspect of criminal history record information
7 for the purpose of carrying out its statutory powers and
8 responsibilities, then upon request and payment of fees in
9 conformance with the requirements of subsection 22 of Section
10 2605-400 55a of the Department of State Police Law (20 ILCS
11 2605/2605-400) "The Civil Administrative Code of Illinois",
12 the Department of State Police is authorized to furnish,
13 pursuant to positive identification, the such information
14 contained in State files that as is necessary to fulfill the
15 request.
16 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
17 (20 ILCS 1905/1905-200 new)
18 (was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45)
19 Sec. 1905-200. Transfer of realty to other State agency;
20 acquisition of federal lands. The Department has the power 6.
21 such transfer, acquisition, or acceptance is advantageous to
25 the State and is approved in writing by the Governor.
26 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
27 (20 ILCS 2005/Art. 2005 heading new)
28 ARTICLE 2005. DEPARTMENT OF NUCLEAR SAFETY
29 (20 ILCS 2005/2005-1 new)
30 Sec. 2005-1. Article short title. This Article 2005 of
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1 the Civil Administrative Code of Illinois may be cited as the
2 Department of Nuclear Safety Law.
3 (20 ILCS 2005/2005-5 new)
4 Sec. 2005-5. Definitions. In this Law:
5 "Department" means the Department of Nuclear Safety.
6 "Director" means the Director of Nuclear Safety.
7 (20 ILCS 2005/2005-10 new)
8 (was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par.
9 63b17)
10 Sec. 2005-10. Powers vested in Department of Public
11 Health 71. Department powers. A. The Department of Nuclear
12 Safety shall exercise, administer, and enforce all rights,
13 powers, and duties vested in the Department of Public Health
14 by the following named Acts or Sections of those Acts thereof
15 1. The Radiation Installation Act.
17 (2)2. The Radiation Protection Act of 1990.
18 (3)3. The Radioactive Waste Storage Act.
19 (4)4. The Personnel Radiation Monitoring Act.
20 (5)5. The Laser System Act of 1997.
21 (6)6. The Illinois Nuclear Safety Preparedness Act.
22 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
23 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
24 (20 ILCS 2005/2005-15 new)
25 (was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par.
26 63b17)
27 Sec. 2005-15. Powers relating to Commission on Atomic
28 Energy. B. All the rights, powers, and duties vested in the
29 Director of Public Health by "An Act to create the Illinois
30 Commission on Atomic Energy, defining the powers and duties
31 of the Commission, and making an appropriation therefor",
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1 effective September 10, 1971 (repealed), as amended, are
2 transferred to the Director of Nuclear Safety. The Director
3 of Nuclear Safety, after December 3, 1980 (the effective date
4 of Public this amendatory Act 81-1516) of 1980, shall serve
5 as an ex officio member of the Illinois Commission on Atomic
6 Energy in the place and stead of the Director of Public
7 Health.
8 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
9 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
10 (20 ILCS 2005/2005-20 new)
11 (was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par.
12 63b17)
13 Sec. 2005-20. Nuclear and radioactive materials
14 disposal. H. The Department of Nuclear Safety shall
15 formulate a comprehensive plan regarding disposal of nuclear
16 and radioactive materials in this State. The Department
17 shall establish minimum standards for disposal sites, shall
18 evaluate and publicize potential effects on the public health
19 and safety, and shall report to the Governor and General
20 Assembly all violations of the adopted standards. In
21 carrying out this function, the Department of Nuclear Safety
22 shall work in cooperation with the Illinois Commission on
23 Atomic Energy and the Radiation Protection Advisory Council.
24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
26 (20 ILCS 2005/2005-25 new)
27 (was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par.
28 63b17)
29 Sec. 2005-25. Radiation sources; radioactive waste
30 disposal. E. The Department of Nuclear Safety, in lieu of
31 the Department of Public Health, shall register, license,
32 inspect, and control radiation sources, and shall purchase,
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1 lease, accept, or acquire lands, buildings, and grounds where
2 radioactive wastes can be disposed, and shall to supervise
3 and regulate the operation of the disposal sites.
4 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
5 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
6 (20 ILCS 2005/2005-30 new)
7 (was 20 ILCS 2005/72) (from Ch. 127, par. 63b18)
8 Sec. 2005-30. Nuclear waste sites. 72.
9 (a) The Department of Nuclear Safety shall conduct a
10 survey and prepare and publish a list of sites in the State
11 where nuclear waste has been deposited, treated, or stored.
12 (b) The Department shall monitor nuclear waste
13 processing, use, handling, storage, and disposal practices in
14 the State, and shall determine existing and expected rates of
15 production of nuclear wastes.
16 (c) The Department shall compile and make available to
17 the public an annual report identifying the types and
18 quantities of nuclear waste generated, stored, treated, or
19 disposed of within this State and containing the other
20 information required to be collected under this Section.
21 (Source: P.A. 83-906.)
22 (20 ILCS 2005/2005-35 new)
23 (was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par.
24 63b17)
25 Sec. 2005-35. Boiler and pressure vessel safety. C. The
26 Department of Nuclear Safety shall exercise, administer, and
27 enforce all of the following rights, powers, and duties:
28 (1) Rights, powers, and duties 1. vested in the
29 Office of the State Fire Marshal by the Boiler and
30 Pressure Vessel Safety Act, to the extent the rights,
31 powers, and duties relate to nuclear steam-generating
32 facilities.
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1 (2) Rights, powers, and duties 2. As relating to
2 nuclear steam-generating facilities, vested in the Board
3 of Boiler and Pressure Vessel Rules by the Boiler and
4 Pressure Vessel Safety Act, which include includes but
5 are not limited to the formulation of definitions, rules,
6 and regulations for the safe and proper construction,
7 installation, repair, use, and operation of nuclear
8 steam-generating facilities, the adoption of rules for
9 already installed nuclear steam-generating facilities,
10 the adoption of rules for accidents in nuclear
11 steam-generating facilities, the examination for or
12 suspension of inspectors' licenses of the facilities, and
13 the hearing of appeals from decisions relating to the
14 facilities.
15 (3) Rights, powers, and duties 3. As relating to
16 nuclear steam-generating facilities, vested in the State
17 Fire Marshal or the Chief Inspector by the Boiler and
18 Pressure Vessel Safety Act, which include but are not
19 limited to the employment of inspectors of nuclear
20 steam-generating facilities, issuance or suspension of
21 their commissions, prosecution of the Act or rules
22 promulgated thereunder for violations by nuclear
23 steam-generating facilities, maintenance of inspection
24 records of all the facilities, publication of rules
25 relating to the facilities, having free access to the
26 facilities, issuance of inspection certificates of the
27 facilities, and the furnishing of bonds conditioned upon
28 the faithful performance of their duties. The Director
29 of Nuclear Safety may designate a Chief Inspector, or
30 other inspectors, as he or she deems necessary to perform
31 the functions transferred by this Section subsection C.
32 The transfer of rights, powers, and duties specified in
33 the immediately preceding paragraphs (1), (2), and (3) 1, 2,
34 and 3 is limited to the program transferred by Public this
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1 amendatory Act 81-1516 of 1980 and shall not be deemed to
2 abolish or diminish the exercise of those same rights,
3 powers, and duties by the Office of the State Fire Marshal,
4 the Board of Boiler and Pressure Vessel Rules, the State Fire
5 Marshal, or the Chief Inspector with respect to programs
6 retained by the Office of the State Fire Marshal.
7 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
8 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
9 (20 ILCS 2005/2005-40 new)
10 (was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par.
11 63b17)
12 Sec. 2005-40. Powers vested in Environmental Protection
13 Agency. D. The Department of Nuclear Safety shall exercise,
14 administer, and enforce all rights, powers, and duties vested
15 in the Environmental Protection Agency by paragraphs a, b, c,
16 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
17 and by Sections 30 through 45 30-45 inclusive of the
18 Environmental Protection Act, to the extent that these powers
19 relate to standards of the Pollution Control Board adopted
20 under subsection K of this Section 2005-45. The transfer of
21 rights, powers, and duties specified in this Section
22 paragraph is limited to the program transferred by Public
23 this amendatory Act 81-1516 of 1980 and shall not be deemed
24 to abolish or diminish the exercise of those same rights,
25 powers, and duties by the Environmental Protection Agency
26 with respect to programs retained by the Environmental
27 Protection Agency.
28 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
29 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
30 (20 ILCS 2005/2005-45 new)
31 (was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par.
32 63b17)
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1 Sec. 2005-45. Pollution Control Board regulations
2 concerning nuclear plants. K. The Department of Nuclear
3 Safety shall enforce the regulations promulgated by the
4 Pollution Control Board under Section 25b of the
5 Environmental Protection Act. Under these regulations the
6 Department shall require that a person, corporation, or
7 public authority intending to construct a nuclear
8 steam-generating facility or a nuclear fuel reprocessing
9 plant file with the Department an environmental feasibility
10 report that incorporates the data provided in the preliminary
11 safety analysis required to be filed with the United States
12 Nuclear Regulatory Commission.
13 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
14 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
15 (20 ILCS 2005/2005-50 new)
16 (was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par.
17 63b17)
18 Sec. 2005-50. Regulation of nuclear safety. J. The
19 Department of Nuclear Safety shall have primary
20 responsibility for the coordination and oversight of all
21 State governmental functions concerning the regulation of
22 nuclear power, including low level waste management,
23 environmental monitoring, and transportation of nuclear
24 waste. Functions performed on December 3, 1980 (the
25 effective date of Public this amendatory Act 81-1516) of 1980
26 L. Personnel
6 previously assigned to the programs transferred from the
7 Department of Public Health and the Office of the State Fire
8 Marshal are hereby transferred to the Department of Nuclear
9 Safety. The rights of the employees, the State, and
10 executive agencies under the Personnel Code, or any
11 collective bargaining agreement, or under any pension,
12 retirement, or annuity plan shall not be affected by Public
13 this amendatory Act 81-1516 of 1980.
14 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
15 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
16 (20 ILCS 2005/2005-60 new)
17 (was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par.
18 63b17)
19 Sec. 2005-60. Records and property transferred. M. All
20 books, records, papers, documents, property (real or
21 personal), unexpended appropriations, and pending business in
22 any way pertaining to the rights, powers, and duties
23 transferred by Public this amendatory Act 81-1516 of 1980
24 shall be delivered and transferred to the Department of
25 Nuclear Safety.
26 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
27 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
28 (20 ILCS 2005/2005-65 new)
29 (was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par.
30 63b17)
31 Sec. 2005-65. Nuclear accident plan. F. The Department
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1 of Nuclear Safety shall have primary responsibility to
2 formulate a comprehensive emergency preparedness and response
3 plan for any nuclear accident, and shall develop such a plan
4 in cooperation with the Illinois Emergency Management Agency.
5 The Department of Nuclear Safety shall also train and
6 maintain an emergency response team.
7 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
8 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
9 (20 ILCS 2005/2005-70 new)
10 (was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par.
11 63b17)
12 Sec. 2005-70. Nuclear and radioactive materials
13 transportation plan. G. The Department of Nuclear Safety
14 shall formulate a comprehensive plan regarding the
15 transportation of nuclear and radioactive materials in
16 Illinois. The Department shall have primary responsibility
17 for all State governmental regulation of the transportation
18 of nuclear and radioactive materials, insofar as the
19 regulation pertains to the public health and safety. This
20 responsibility shall include but not be limited to the
21 authority to oversee and coordinate regulatory functions
22 performed by the Department of Transportation, the Department
23 of State Police, and the Illinois Commerce Commission.
24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
26 (20 ILCS 2005/2005-75 new)
27 (was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par.
28 63b17)
29 Sec. 2005-75. State nuclear power policy. I. The
30 Department of Nuclear Safety, in cooperation with the
31 Department of Natural Resources, shall study (i) (a) the
32 impact and cost of nuclear power and compare these to the
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1 impact and cost of alternative sources of energy, (ii) (b)
2 the potential effects on the public health and safety of all
3 radioactive emissions from nuclear power plants, and (iii)
4 (c) all other factors that bear on the use of nuclear power
5 or on nuclear safety. The Department shall formulate a
6 general nuclear policy for the State based on the findings of
7 the study. The policy shall include but not be limited to
8 the feasibility of continued use of nuclear power, effects of
9 the use of nuclear power on the public health and safety,
10 minimum acceptable standards for the location of any future
11 nuclear power plants, and rules and regulations for the
12 reporting by public utilities of radioactive emissions from
13 power plants. The Department shall establish a reliable
14 system for communication between the public and the
15 Department and for dissemination of information by the
16 Department. The Department shall publicize the findings of
17 all studies and make the publications reasonably available to
18 the public.
19 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
20 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
21 (20 ILCS 2005/2005-80 new)
22 (was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par.
23 63b17)
24 Sec. 2005-80. Data available to Department of Public
25 Health. N. All files, records, and data gathered by or under
26 the direction or authority of the Director under the Civil
27 Administrative Code of Illinois this Act shall be made
28 available to the Department of Public Health under the
29 Illinois Health and Hazardous Substances Registry Act.
30 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
31 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
32 (20 ILCS 2005/2005-85 new)
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1 (was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par.
2 63b17)
3 Sec. 2005-85. No accreditation, certification, or
4 registration if in default on educational loan. O. The
5 Department shall not issue or renew to any individual any
6 accreditation, certification, or registration (but excluding
7 registration under the Radiation Installation Act) otherwise
8 issued by the Department if the individual has defaulted on
9 an educational loan guaranteed by the Illinois Student
10 Assistance Commission; however, the Department may issue or
11 renew an accreditation, certification, or registration if the
12 individual has established a satisfactory repayment record as
13 determined by the Illinois Student Assistance Commission.
14 Additionally, any accreditation, certification, or
15 registration issued by the Department (but excluding
16 registration under the Radiation Installation Act) may be
17 suspended or revoked if the Department, after the opportunity
18 for a hearing under the appropriate accreditation,
19 certification, or registration Act, finds that the holder has
20 failed to make satisfactory repayment to the Illinois Student
21 Assistance Commission for a delinquent or defaulted loan.
22 For purposes of this Section, "satisfactory repayment record"
23 shall be defined by rule.
24 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
25 90-14, eff. 7-1-97; 90-209, eff. 7-25-97.)
26 (20 ILCS 2105/Art. 2105 heading new)
27 ARTICLE 2105. DEPARTMENT OF
28 PROFESSIONAL REGULATION
29 (20 ILCS 2105/2105-1 new)
30 Sec. 2105-1. Article short title. This Article 2105 of
31 the Civil Administrative Code of Illinois may be cited as the
32 Department of Professional Regulation Law.
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1 (20 ILCS 2105/2105-5 new)
2 (was 20 ILCS 2105/60b) (from Ch. 127, par. 60b)
3 Sec. 2105-5. Definitions.
4 (a) In this Law:
5 "Department" means the Department of Professional
6 Regulation.
7 "Director" means the Director of Professional Regulation.
8
9 (b) Sec. 60b. In the construction of Sections 2105-10,
10 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
11 2105-125, 2105-175, and 2105-325 60, 60a, 60b, 60c, 60d, 60e,
12 60f, 60g, 60h, 60i, 60j, 60k, and 60L, the following
13 definitions shall govern unless the context otherwise clearly
14 indicates:.
15 "Department" shall mean the Department of Professional
16 Regulation.
17 "Registrant" shall mean a person who holds or claims to
18 hold a certificate as defined herein.
19 "Certificate" shall mean a license, certificate of
20 registration, permit or other authority purporting to be
21 issued or conferred by the department by virtue or authority
22 of which the registrant has or claims the right to engage in
23 a profession, trade, occupation or operation of which the
24 department has jurisdiction.
25 "Board" means shall mean the board of persons designated
26 for a profession, trade, or occupation under the provisions
27 of any Act now or hereafter in force whereby the jurisdiction
28 of that such profession, trade, or occupation is devolved on
29 the Department.
30 "Certificate" means a license, certificate of
31 registration, permit, or other authority purporting to be
32 issued or conferred by the Department by virtue or authority
33 of which the registrant has or claims the right to engage in
34 a profession, trade, occupation, or operation of which the
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1 Department has jurisdiction.
2 "Registrant" means a person who holds or claims to hold a
3 certificate.
4 (Source: P.A. 85-225.)
5 (20 ILCS 2105/2105-10 new)
6 (was 20 ILCS 2105/61d)
7 Sec. 2105-10. 61d. Legislative declaration of public
8 policy. The practice of the regulated professions, trades,
9 and occupations in Illinois is hereby declared to affect the
10 public health, safety, and welfare of the People of this
11 State and in the public interest is subject to regulation and
12 control by the Department of Professional Regulation.
13 It is further declared to be a matter of public interest
14 and concern that standards of competency and stringent
15 penalties for those who violate the public trust be
16 established to protect the public from unauthorized or
17 unqualified persons representing one of the regulated
18 professions, trades, or occupations; and to that end, the
19 General Assembly shall appropriate the necessary funds for
20 the ordinary and necessary expenses of these public interests
21 and concerns as they may exceed the funding available from
22 the revenues collected from the fees and fines from the
23 regulated professions, trades, and occupations.
24 (Source: P.A. 89-204, eff. 1-1-96.)
25 (20 ILCS 2105/2105-15 new)
26 (was 20 ILCS 2105/60) (from Ch. 127, par. 60)
27 Sec. 2105-15. General 60. powers and duties.
28 (a) The Department has of Professional Regulation shall
29 have, subject to the provisions of the Civil Administrative
30 Code of Illinois this Act, the following powers and duties:
31 (1) 1. To authorize examinations in English to
32 ascertain the qualifications and fitness of applicants to
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1 exercise the profession, trade, or occupation for which
2 the examination is held.
3 (2) 2. To prescribe rules and regulations for a
4 fair and wholly impartial method of examination of
5 candidates to exercise the respective professions,
6 trades, or occupations.
7 (3) 3. To pass upon the qualifications of
8 applicants for licenses, certificates, and authorities,
9 whether by examination, by reciprocity, or by
10 endorsement.
11 (4) 4. To prescribe rules and regulations defining,
12 for the respective professions, trades, and occupations,
13 what shall constitute a school, college, or university,
14 or department of a university, or other institution
15 institutions, reputable and in good standing, and to
16 determine the reputability and good standing of a school,
17 college, or university, or department of a university, or
18 other institution, reputable and in good standing, by
19 reference to a compliance with those such rules and
20 regulations;: provided, that no school, college, or
21 university, or department of a university, or other
22 institution that refuses admittance to applicants solely
23 on account of race, color, creed, sex, or national origin
24 shall be considered reputable and in good standing.
25 (5) 5. To conduct hearings on proceedings to
26 revoke, suspend, refuse to renew, place on probationary
27 status, or take other disciplinary action as may be
28 authorized in any licensing Act administered by the
29 Department with regard to licenses, certificates, or
30 authorities of persons exercising the respective
31 professions, trades, or occupations, and to revoke,
32 suspend, refuse to renew, place on probationary status,
33 or take other disciplinary action as may be authorized in
34 any licensing Act administered by the Department with
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1 regard to those such licenses, certificates, or
2 authorities. The Department shall issue a monthly
3 disciplinary report. The Department shall deny any
4 license or renewal authorized by the Civil Administrative
5 Code of Illinois this Act to any person who has defaulted
6 on an educational loan or scholarship provided by or
7 guaranteed by the Illinois Student Assistance Commission
8 or any governmental agency of this State; however, the
9 Department may issue a license or renewal if the
10 aforementioned persons have established a satisfactory
11 repayment record as determined by the Illinois Student
12 Assistance Commission or other appropriate governmental
13 agency of this State. Additionally, beginning June 1,
14 1996, any license issued by the Department may be
15 suspended or revoked if the Department, after the
16 opportunity for a hearing under the appropriate licensing
17 Act, finds that the licensee has failed to make
18 satisfactory repayment to the Illinois Student Assistance
19 Commission for a delinquent or defaulted loan. For the
20 purposes of this Section, "satisfactory repayment record"
21 shall be defined by rule. The Department shall refuse to
22 issue or renew a license to, or shall suspend or revoke a
23 license of, any person who, after receiving notice, fails
24 to comply with a subpoena or warrant relating to a
25 paternity or child support proceeding. However, the
26 Department may issue a license or renewal upon compliance
27 with the subpoena or warrant.
28 The Department, without further process or hearings,
29 shall revoke, suspend, or deny any license or renewal
30 authorized by the Civil Administrative Code of Illinois
31 this Act to a person who is certified by the Illinois
32 Department of Public Aid as being more than 30 days
33 delinquent in complying with a child support order.; The
34 Department may, however, issue a license or renewal if
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1 the person has established a satisfactory repayment
2 record as determined by the Illinois Department of Public
3 Aid. The Department may implement this paragraph as
4 added by Public Act 89-6 through the use of emergency
5 rules in accordance with Section 5-45 of the Illinois
6 Administrative Procedure Act. For purposes of the
7 Illinois Administrative Procedure Act, the adoption of
8 rules to implement this paragraph shall be considered an
9 emergency and necessary for the public interest, safety,
10 and welfare.
11 (6) 6. To transfer jurisdiction of any realty under
12 the control of the Department to any other department of
13 the State Government, or to acquire or accept federal
14 lands, when the such transfer, acquisition, or acceptance
15 is advantageous to the State and is approved in writing
16 by the Governor.
17 (7) 7. To formulate rules and regulations as may be
18 8. To exchange with the Illinois Department of
21 Public Aid information that may be necessary for the
22 enforcement of child support orders entered pursuant to
23 the Illinois Public Aid Code, the Illinois Marriage and
24 Dissolution of Marriage Act, the Non-Support of Spouse
25 and Children Act, the Revised Uniform Reciprocal
26 Enforcement of Support Act, the Uniform Interstate Family
27 Support Act, or the Illinois Parentage Act of 1984.
28 Notwithstanding any provisions in this Code to the
29 contrary, the Department of Professional Regulation shall
30 not be liable under any federal or State law to any
31 person for any disclosure of information to the Illinois
32 Department of Public Aid under this paragraph (8) 8 or
33 for any other action taken in good faith to comply with
34 the requirements of this paragraph (8) 8.
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1 (9) 9. To perform such other duties as may be
2 prescribed by law.
3 (b) The Department may, when a fee is payable to the
4 Department for a wall certificate of registration provided by
5 the Department of Central Management Services, require that
6 portion of the payment for printing and distribution costs be
7 made directly or through the Department, to the Department of
8 Central Management Services for deposit into in the Paper and
9 Printing Revolving Fund., The remainder shall be deposited
10 into in the General Revenue Fund.
11 (c) For the purpose of securing and preparing evidence,
12 and for the purchase of controlled substances, professional
13 services, and equipment necessary for enforcement activities,
14 recoupment of investigative costs, and other activities
15 directed at suppressing the misuse and abuse of controlled
16 substances, including those activities set forth in Sections
17 504 and 508 of the Illinois Controlled Substances Act, the
18 Director and agents appointed and authorized by the Director
19 may expend such sums from the Professional Regulation
20 Evidence Fund that as the Director deems necessary from the
21 amounts appropriated for that purpose. Those and such sums
22 may be advanced to the agent when the Director deems that
23 such procedure to be in the public interest. Sums for the
24 purchase of controlled substances, professional services, and
25 equipment necessary for enforcement activities and other
26 activities as set forth in this Section shall be advanced to
27 the agent who is to make the such purchase from the
28 Professional Regulation Evidence Fund on vouchers signed by
29 the Director. The Director and those such agents are
30 authorized to maintain one or more commercial checking
31 accounts with any State banking corporation or corporations
32 organized under or subject to the Illinois Banking Act for
33 the deposit and withdrawal of moneys to be used for the
34 purposes set forth in this Section; provided, that no check
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1 may be written nor any withdrawal made from any such account
2 except upon the written signatures of 2 persons designated by
3 the Director to write those such checks and make those such
4 withdrawals. Vouchers for those such expenditures must be
5 signed by the Director. and All such expenditures shall be
6 audited by the Director, and the audit shall be submitted to
7 the Department of Central Management Services for approval.
8 (d) Whenever the Department is authorized or required by
9 law to consider some aspect of criminal history record
10 information for the purpose of carrying out its statutory
11 powers and responsibilities, then, upon request and payment
12 of fees in conformance with the requirements of subsection 22
13 of Section 2605-400 55a of the Department of State Police Law
14 (20 ILCS 2605/2605-400) Civil Administrative Code of Illinois
15 such information
17 contained in State files that as is necessary to fulfill the
18 request.
19 (e) The provisions of this Section do not apply to
20 private business and vocational schools as defined by Section
21 1 of the Private Business and Vocational Schools Act.
22 (f) Beginning July 1, 1995, this Section does not apply
23 to those professions, trades, and occupations licensed under
24 the Real Estate License Act of 1983, nor does it apply to any
25 permits, certificates, or other authorizations to do business
26 provided for in the Land Sales Registration Act of 1989 or
27 the Illinois Real Estate Time-Share Act.
28 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
29 eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
30 eff. 7-1-97.)
31 (20 ILCS 2105/2105-25 new)
32 (was 20 ILCS 2105/60.01) (from Ch. 127, par. 60.01)
33 Sec. 2105-25. Perjury; penalty. 60.01. Each document
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1 required to be filed under any Act administered by the
2 Department shall be verified or contain a written affirmation
3 that it is signed under the penalties of perjury. An
4 applicant or registrant who knowingly signs a fraudulent
5 document commits perjury as defined in Section 32-2 of the
6 Criminal Code of 1961 and for the purpose of this Section
7 shall be guilty of a Class A misdemeanor.
8 (Source: P.A. 84-1235.)
9 (20 ILCS 2105/2105-40 new)
10 (was 20 ILCS 2105/61) (from Ch. 127, par. 61)
11 Sec. 2105-40. Issuance of certificates and licenses. 61.
12 All certificates, licenses, and authorities shall be issued
13 by the Department of Professional Regulation, in the name of
14 the such Department, with the seal of the Department thereof
15 attached.
16 (Source: P.A. 85-225.)
17 (20 ILCS 2105/2105-55 new)
18 (was 20 ILCS 2105/61c) (from Ch. 127, new par. 61c)
19 Sec. 2105-55. 61c. Interlineation of checks. The
20 Department may reduce by interlineation the amount of any
21 personal check, corporate check, or company check drawn on
22 the account of and delivered by any person applying for any
23 license, certificate, registration, title, or permit that
24 requires payment of a fee. The amount of reduction shall be
25 limited to $50, and the drawer of the check shall be notified
26 in writing of the reduction. Any check for an amount more
27 than $50 in excess of the correct amount shall be returned to
28 the drawer-applicant.
29 Any check altered under this Section shall be endorsed by
30 the Director of the Department as follows: "This check is
31 warranted to subsequent holders and to the drawee to be in
32 the amount of $(insert amount)."
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1 All applications for a license, title, or permit, upon
2 reprinting, shall contain the following authorization
3 statement: "My signature above authorizes the Department of
4 Professional Regulation to reduce the amount of this check if
5 the amount submitted is not correct. I understand this will
6 be done only if the amount submitted is greater than the
7 required fee hereunder, but in no event shall the such
8 reduction be made in an amount greater than $50."
9 (Source: P.A. 87-1031; 87-1237; 88-45.)
10 (20 ILCS 2105/2105-75 new)
11 (was 20 ILCS 2105/61f) (formerly 110 ILCS 355/62.1)
12 Sec. 2105-75. 61f. 62.1. Design Professionals Dedicated
13 Employees. There are is established within the Department of
14 Professional Regulation certain design professionals
15 dedicated employees. These employees shall be devoted
16 exclusively to the administration and enforcement of the
17 Illinois Architecture Practice Act, the Illinois Professional
18 Land Surveyor Act of 1989, the Professional Engineering
19 Practice Act of 1989, and the Structural Engineering
20 Licensing Act of 1989. The design professionals dedicated
21 employees that the Director shall employ, in conformity with
22 the Personnel Code, at a minimum shall consist of one
23 full-time design licensing Coordinator, one full-time
24 Assistant Coordinator, 4 full-time licensing clerks, one
25 full-time attorney, and 2 full-time investigators. These
26 employees shall work exclusively in the licensing and
27 enforcement of the design profession Acts set forth in this
28 Section and shall not be used for the licensing and
29 enforcement of any other Act or other duties in the
30 Department of Professional Regulation.
31 (Source: P.A. 87-781; revised 10-28-98.)
32 (20 ILCS 2105/2105-100 new)
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1 (was 20 ILCS 2105/60c) (from Ch. 127, par. 60c)
2 Sec. 2105-100. Disciplinary action with respect to
3 certificates; citation; hearing. 60c.
4 (a) Certificates may be revoked, suspended, placed on
5 probationary status, or have other disciplinary action taken
6 with regard to them as may be authorized in any licensing Act
7 administered by the Department in the manner provided by the
8 Civil Administrative Code of Illinois this Act and not
9 otherwise.
10 (b) The Department may upon its own motion and shall
11 upon the verified complaint in writing of any person,
12 provided the such complaint or the such complaint together
13 with evidence, documentary or otherwise, presented in
14 connection with the complaint makes wherewith shall make a
15 prima facie case, investigate the actions of any person
16 holding or claiming to hold a certificate.
17 (c) Before suspending, revoking, placing on probationary
18 status, or taking any other disciplinary action that which
19 may be authorized in any licensing Act administered by the
20 Department with regard to any certificate, the Department
21 shall issue a citation notifying the registrant of the time
22 and place when and where a hearing of the charges shall be
23 had. The Such citation shall contain a statement of the
24 charges or shall be accompanied by a copy of the written
25 complaint if such complaint shall have been filed. The Such
26 citation shall be served on the registrant at least 10 ten
27 days prior to the date therein set in the citation for the
28 hearing, either by delivery of the citation same personally
29 to the registrant or by mailing the citation same by
30 registered mail to the registrant's his last known place of
31 residence; provided that in any case where the registrant is
32 now or may hereafter be required by law to maintain a place
33 of business in this State and to notify the Department of the
34 location of that place of business thereof, the such citation
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1 may be served by mailing it same by registered mail to the
2 registrant at the place of business last therefore described
3 by the registrant him in the such notification to the
4 Department.
5 (d) At the time and place fixed in the such citation,
6 the Department shall proceed to a hearing of the charges. and
7 such statements, testimony, evidence, and argument that as
10 may be pertinent to the charges or to any defense to the
11 charges thereto. The Department may continue the such hearing
12 from time to time.
13 (Source: P.A. 83-230.)
14 (20 ILCS 2105/2105-105 new)
15 (was 20 ILCS 2105/60d) (from Ch. 127, par. 60d)
16 Sec. 2105-105. Oaths; subpoenas; penalty. 60d.
17 (a) The Department, by its Director or a person
18 designated by him or her, is empowered, at any time during
19 the course of any investigation or hearing conducted pursuant
20 to any Act administered by the Department, to administer
21 oaths, subpoena witnesses, take evidence, and compel the
22 production of any books, papers, records, or any other
23 documents that which the Director, or a person designated by
24 him or her, deems relevant or material to any such
25 investigation or hearing conducted by the Department, with
26 the same fees and mileage and in the same manner as
27 prescribed by law in judicial proceedings in civil cases in
28 circuit courts of this State.
29 (b) Any person who, without lawful authority, fails to
30 appear in response to a subpoena or to answer any question or
31 produce any books, papers, records, or any other documents
32 relevant or material to the such investigation or hearing is
33 guilty of a Class A misdemeanor. Each violation shall
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1 constitute a separate and distinct offense.
2 In addition to initiating criminal proceedings, the
3 Department, through the Attorney General, may seek
4 enforcement of any such subpoena by any circuit court of this
5 State.
6 (Source: P.A. 86-592.)
7 (20 ILCS 2105/2105-110 new)
8 (was 20 ILCS 2105/60e) (from Ch. 127, par. 60e)
9 Sec. 2105-110. Court order requiring attendance of
10 witnesses or production of materials. 60e. Any circuit court,
11 upon the application of the registrant or complainant or of
12 the Department, may by order duly entered, require the
13 attendance of witnesses and the production of relevant books
14 and papers before the Department in any hearing relative to
15 the application for refusal to renew, suspension, revocation,
16 placing on probationary status, or the taking of any other
17 disciplinary action as may be authorized in any licensing Act
18 administered by the Department with regard to any certificate
19 of registration., and The court may compel obedience to its
20 order by proceedings for contempt.
21 (Source: P.A. 83-334.)
22 (20 ILCS 2105/2105-115 new)
23 (was 20 ILCS 2105/60f) (from Ch. 127, par. 60f)
24 Sec. 2105-115. 60f. Stenographer; transcript. The
25 Department, at its expense, shall provide a stenographer to
26 take down the testimony and preserve a record of all
27 proceedings at the hearing of any case in which wherein a
28 certificate may be revoked, suspended, placed on probationary
29 status, or subjected to other disciplinary action with
30 reference to the certificate when where a disciplinary action
31 is authorized in any licensing Act administered by the
32 Department. The citation, complaint, and all other documents
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1 in the nature of pleadings and written motions filed in the
2 proceedings, the transcript of testimony, the report of the
3 board, and the orders of the Department shall be the record
4 of the proceedings. The Department shall furnish a transcript
5 of the record to any person interested in the hearing upon
6 payment therefor of $1 one dollar per page. This charge is
7 in addition to any fee charged by the Department for
8 certifying the record.
9 (Source: P.A. 87-1031.)
10 (20 ILCS 2105/2105-120 new)
11 (was 20 ILCS 2105/60g) (from Ch. 127, par. 60g)
12 Sec. 2105-120. Board's report; registrant's motion for
13 rehearing. 60g.
14 (a) The board shall present to the Director its written
15 report of its findings and recommendations. A copy of the
16 such report shall be served upon the registrant, either
17 personally or by registered mail as provided in Section
18 2105-100 60-c for the service of the citation.
19 (b) Within 20 twenty days after the such service
20 required under subsection (a), the registrant may present to
21 the Department a his motion in writing for a rehearing. The,
22 which written motion shall specify the particular grounds for
23 a rehearing therefor. If the registrant orders shall order
24 and pays pay for a transcript of the record as provided in
25 Section 2105-115 60-f, the time elapsing thereafter and
26 before the such transcript is ready for delivery to the
27 registrant him shall not be counted as part of the 20 such
28 twenty days.
29 (Source: P.A. 83-230.)
30 (20 ILCS 2105/2105-125 new)
31 (was 20 ILCS 2105/60h) (from Ch. 127, par. 60h)
32 Sec. 2105-125. Restoration of certificate. 60h. At any
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1 time after the suspension of, revocation of, placement on
2 probationary status, or other disciplinary action taken by
3 the Department with reference to any certificate, the
4 Department may restore it to the registrant without
5 examination, upon the written recommendation of the
6 appropriate board.
7 (Source: P.A. 83-230.)
8 (20 ILCS 2105/2105-150 new)
9 (was 20 ILCS 2105/60m) (from Ch. 127, par. 60m)
10 Sec. 2105-150. Violations of Medical Practice Act. 60m.
11 Notwithstanding any of the provisions of Section 2105-5,
12 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,
13 2105-125, 2105-175, 2105-200, or 2105-325 60, 60.1, 60-a,
14 60b, 60c, 60-d, 60e, 60f, 60-g or 60h of this Law Act, for
15 violations of Section 22 of the Medical Practice Act of 1987,
16 the Department shall suspend, revoke, place on probationary
17 status, or take such other disciplinary action as it deems
18 proper with regard to licenses issued under that Act for
19 violations of Section 22 of the Medical Practice Act of 1987,
20 as amended, only in accordance with Sections 7 and 36 through
21 46 of that Act.
22 (Source: P.A. 85-1209.)
23 (20 ILCS 2105/2105-155 new)
24 (was 20 ILCS 2105/60n) (from Ch. 127, par. 60n)
25 Sec. 2105-155. Suspension or termination of medical
26 services provider under the Public Aid Code. 60n. When the
27 Department of Professional Regulation receives notice from
28 the Department of Public Aid, as required by Section 2205-10
29 48b of the Department of Public Aid Law (20 ILCS
30 2205/2205-10) this Act, that the authorization to provide
31 medical services under Article V 5 of the Illinois Public Aid
32 Code has been suspended or terminated with respect to any
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1 person, firm, corporation, association, agency, institution,
2 or other legal entity licensed under any Act administered by
3 the Department of Professional Regulation, the Department of
4 Professional Regulation shall determine whether there are
5 reasonable grounds to investigate the circumstances that
6 which resulted in the such suspension or termination. If
7 such reasonable grounds are found, the Department of
8 Professional Regulation shall conduct an investigation and
9 take the such disciplinary action against the licensee that
10 as the Department determines to be required under the
11 appropriate licensing Act.
12 (Source: P.A. 85-225.)
13 (20 ILCS 2105/2105-175 new)
14 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
15 Sec. 2105-175. Reexaminations or rehearings. 60a.
16 Whenever the Director is satisfied that substantial justice
17 has not been done either in an examination or in the
18 revocation of, refusal to renew, suspension, placing on
19 probationary status, or the taking of other disciplinary
20 action as may be authorized in any licensing Act administered
21 by the Department with regard to a license, certificate, or
22 authority, the Director he may order reexaminations or
23 rehearings by the same or other examiners or hearing
24 officers.
25 (Source: P.A. 83-230.)
26 (20 ILCS 2105/2105-200 new)
27 (was 20 ILCS 2105/60.1) (from Ch. 127, par. 60.1)
28 Sec. 2105-200. Index of formal decisions regarding
29 disciplinary action. 60.1. The Department of Professional
30 Regulation shall maintain an index of formal decisions
31 regarding the issuance of or, refusal to issue licenses, the
32 renewal of or refusal to renew licenses, the revocation or
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1 and suspension of licenses, and probationary or other
2 disciplinary action taken by the Department after August 31,
3 1971 (the effective date of Public this amendatory Act
4 77-1400) of 1971. The decisions shall be indexed according to
5 the statutory Section sections and the administrative
6 regulation, if any, that which is the basis for the decision.
7 The index shall be available to the public during regular
8 business hours.
9 (Source: P.A. 85-225.)
10 (20 ILCS 2105/2105-205 new)
11 (was 20 ILCS 2105/60.3)
12 Sec. 2105-205. 60.3. Publication of disciplinary
13 actions. The Department shall publish, at least monthly,
14 final disciplinary actions taken by the Department against a
15 licensee or applicant pursuant to the Medical Practice Act of
16 1987. The specific disciplinary action and the name of the
17 applicant or licensee shall be listed. This publication
18 shall be made available to the public upon request and
19 payment of the fees set by the Department. This publication
20 may be made available to the public on the Internet through
21 the State of Illinois World Wide Web site.
22 (Source: P.A. 89-702, eff. 7-1-97; 90-14, eff. 7-1-97.)
23 (20 ILCS 2105/2105-210 new)
24 (was 20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
25 Sec. 2105-210. 60.2. Annual report. The Department of
26 Professional Regulation shall prepare and file with the
27 General Assembly during the second week of January in each
28 calendar year a written report setting forth, with respect to
29 each professional, trade, or occupational school that is
30 regulated by the Department and that may not lawfully be
31 operated without a certificate of registration issued by the
32 Department:
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1 (1) The number of written or verified complaints,
2 by license category, made or filed with the Department
3 during the immediately preceding calendar year alleging
4 the violation of any licensing Act administered by the
5 Department.
6 (2) The name and address of each such school with
7 respect to which or with respect to a representative of
8 which the Department, during the immediately preceding
9 calendar year, refused to issue or renew a certificate of
10 registration required for lawful operation of the school
11 and the reasons for that refusal.
12 (3) The name and address of each such school with
13 respect to which or with respect to a representative of
14 which the certificate of registration required for lawful
15 operation of the school was suspended, revoked, placed on
16 probation, reprimanded, or otherwise disciplined during
17 the immediately preceding calendar year and the reasons
18 for that discipline.
19 (4) The name and location of each such school at
20 which the Department made any on-site on site inspection
21 at any time during the immediately preceding calendar
22 year and the date or dates on which each such on-site on
23 site visit was made at that school.
24 (Source: P.A. 90-14, eff. 7-1-97.)
25 (20 ILCS 2105/2105-215 new)
26 (was 20 ILCS 2105/61a) (from Ch. 127, par. 61a)
27 Sec. 2105-215. Proof of Department records. 61a. The
28 papers, entries, and records of the Department or parts
29 thereof may be proved in any legal proceeding by a copy
30 thereof certified under the signature of the keeper thereof
31 in the name of the Department with a seal of the Department
32 attached. A fee of $1.00 shall be paid to the Department for
33 the such certification.
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1 (Source: P.A. 84-550.)
2 (20 ILCS 2105/2105-220 new)
3 (was 20 ILCS 2105/61b) (from Ch. 127, par. 61b)
4 Sec. 2105-220. Release of Department records pursuant to
5 subpoena. 61b. Prior to the release of any records of the
6 Department pursuant to a subpoena in a civil or criminal
7 proceeding, the party seeking the records shall pay to the
8 Department $1.00 per page for the such records.
9 (Source: P.A. 86-592.)
10 (20 ILCS 2105/2105-300 new)
11 (was 20 ILCS 2105/61e)
12 Sec. 2105-300. 61e. Professions Indirect Cost Fund;
13 allocations; analyses.
14 (a) Appropriations for the direct and allocable indirect
15 costs of licensing and regulating each regulated profession,
16 trade, or occupation are intended to be payable from the fees
17 and fines that are assessed and collected from that
18 profession, trade, or occupation, to the extent that those
19 fees and fines are sufficient. In any fiscal year in which
20 the fees and fines generated by a specific profession, trade,
21 or occupation are insufficient to finance the necessary
22 direct and allocable indirect costs of licensing and
23 regulating that profession, trade, or occupation, the
24 remainder of those costs shall be financed from
25 appropriations payable from revenue sources other than fees
26 and fines. The direct and allocable indirect costs of the
27 Department identified in its cost allocation plans that are
28 not attributable to the licensing and regulation of a
29 specific profession, trade, or occupation or group of
30 professions, trades, or occupations shall be financed from
31 appropriations from revenue sources other than fees and
32 fines.
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1 (b) The Professions Indirect Cost Fund is hereby created
2 as a special fund in the State Treasury. The Fund may
3 receive transfers of moneys authorized by the Department of
4 Professional Regulation from the cash balances in special
5 funds that receive revenues from the fees and fines
6 associated with the licensing of regulated professions,
7 trades, and occupations by the Department. Moneys in the
8 Fund shall be invested and earnings on the investments shall
9 be retained in the Fund. Subject to appropriation, the
10 Department shall use moneys in the Fund to pay the ordinary
11 and necessary allocable indirect expenses associated with
12 each of the regulated professions, trades, and occupations.
13 (c) Before the beginning of each fiscal year, the
14 Department shall prepare a cost allocation analysis to be
15 used in establishing the necessary appropriation levels for
16 each cost purpose and revenue source. At the conclusion of
17 each fiscal year, the Department shall prepare a cost
18 allocation analysis reflecting the extent of the variation
19 between how the costs were actually financed in that year and
20 the planned cost allocation for that year. Variations
21 between the planned and actual cost allocations for the prior
22 fiscal year shall be adjusted into the Department's planned
23 cost allocation for the next fiscal year.
24 Each cost allocation analysis shall separately identify
25 the direct and allocable indirect costs of each regulated
26 profession, trade, or occupation and the costs of the
27 Department's general public health and safety purposes. The
28 analyses shall determine whether the direct and allocable
29 indirect costs of each regulated profession, trade, or
30 occupation and the costs of the Department's general public
31 health and safety purposes are sufficiently financed from
32 their respective funding sources. The Department shall
33 prepare the cost allocation analyses in consultation with the
34 respective regulated professions, trades, and occupations and
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1 shall make copies of the analyses available to them in a
2 timely fashion.
3 (d) The Department may direct the State Comptroller and
4 Treasurer to transfer moneys from the special funds that
5 receive fees and fines associated with regulated professions,
6 trades, and occupations into the Professions Indirect Cost
7 Fund in accordance with the Department's cost allocation
8 analysis plan for the applicable fiscal year. For a given
9 fiscal year, the Department shall not direct the transfer of
10 moneys under this subsection from a special fund associated
11 with a specific regulated profession, trade, or occupation
12 (or group of professions, trades, or occupations) in an
13 amount exceeding the allocable indirect costs associated with
14 that profession, trade, or occupation (or group of
15 professions, trades, or occupations) as provided in the cost
16 allocation analysis for that fiscal year and adjusted for
17 allocation variations from the prior fiscal year. No direct
18 costs identified in the cost allocation plan shall be used as
19 a basis for transfers into the Professions Indirect Cost Fund
20 or for expenditures from the Fund.
21 (Source: P.A. 89-204, eff. 1-1-96; 89-474, eff. 6-18-96.)
22 (20 ILCS 2105/2105-325 new)
23 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
24 Sec. 2105-325. Board member compensation. Except as
25 otherwise provided in any licensing Act, from amounts
26 appropriated for compensation and expenses of boards, each
27 member of each such board shall receive compensation at a
28 rate, established by the Director, not to exceed $50 per day,
29 for the member's his service and shall be reimbursed for the
30 member's his expenses necessarily incurred in relation to
31 that such service in accordance with the travel regulations
32 applicable to the Department at the time the expenses are
33 incurred.
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1 (Source: P.A. 83-230.)
2 (20 ILCS 2205/Art. 2205 heading new)
3 ARTICLE 2205. DEPARTMENT OF PUBLIC AID
4 (20 ILCS 2205/2205-1 new)
5 Sec. 2205-1. Article short title. This Article 2205 of
6 the Civil Administrative Code of Illinois may be cited as the
7 Department of Public Aid Law.
8 (20 ILCS 2205/2205-5 new)
9 (was 20 ILCS 2205/48a) (from Ch. 127, par. 48a)
10 Sec. 2205-5. 48a. Department of Public Aid Code Powers.
11 The Department of Public Aid shall administer "the Illinois
12 Public Aid Code as provided in that Code", enacted by the
13 75th General Assembly.
14 (Source: Laws 1967, p. 234.)
15 (20 ILCS 2205/2205-10 new)
16 (was 20 ILCS 2205/48b) (from Ch. 127, par. 48b)
17 Sec. 2205-10. Suspension or termination of authorization
18 to provide medical services. 48b. Whenever the Department of
19 Public Aid suspends or terminates the authorization of any
20 person, firm, corporation, association, agency, institution,
21 or other legal entity to provide medical services under
22 Article V 5 of the Illinois Public Aid Code and the practice
23 of providing those such services or the maintenance of
24 facilities for those such services is licensed under a
25 licensing Act administered by the Department of Public Health
26 or the Department of Professional Regulation, the Department
27 of Public Aid shall, within 30 days of the such suspension or
28 termination, give written notice of the such suspension or
29 termination and transmit a record of the evidence and specify
30 the grounds on which the suspension or termination is based
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1 to the Department that which administers the licensing Act
2 under which that person, firm, corporation, association,
3 agency, institution, or other legal entity is licensed,
4 subject to any confidentiality requirements imposed by
5 applicable federal or State law. The cost of any such record
6 shall be borne by the Department to which it is transmitted.
7 (Source: P.A. 85-225.)
8 (20 ILCS 2310/Art. 2310 heading new)
9 ARTICLE 2310. DEPARTMENT OF PUBLIC HEALTH
10 (20 ILCS 2310/2310-1 new)
11 Sec. 2310-1. Article short title. This Article 2310 of
12 the Civil Administrative Code of Illinois may be cited as the
13 Department of Public Health Powers and Duties Law.
14 (20 ILCS 2310/2310-5 new)
15 Sec. 2310-5. Definitions. In this Law:
16 "Department" means the Department of Public Health.
17 "Director" means the Director of Public Health.
18 (20 ILCS 2310/2310-10 new)
19 (was 20 ILCS 2310/55) (from Ch. 127, par. 55)
20 Sec. 2310-10. Powers and duties, generally. 55. The
21 Department of Public Health has the powers and duties
22 enumerated in the Sections following this Section and
23 preceding Section 55a.
24 (Source: P.A. 86-479; 86-610; 86-732; 86-839; 86-878; 86-884;
25 86-885; 86-919; 86-996; 86-1004; 86-1028; 86-1377.)
26 (20 ILCS 2310/2310-15 new)
27 (was 20 ILCS 2310/55.02) (from Ch. 127, par. 55.02)
28 Sec. 2310-15. General supervision of health; delegation
29 to local boards of health. 55.02. To have the general
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1 supervision of the interests of the health and lives of the
2 people of the State and to exercise the rights, powers, and
3 duties of those Acts that which it is by law authorized to
4 enforce. The Department shall have the general authority to
5 delegate to county and multiple-county boards of health the
6 duties under those Acts it is authorized to enforce for the
7 purpose of local administration and enforcement. Upon
8 accepting the delegation, county and multiple-county boards
9 of health shall administer and enforce the minimum program
10 standards promulgated by the Department under the provisions
11 of those Acts. County and multiple-county boards of health
12 may establish reasonable fees for the permits, licenses, or
13 other activities performed under the delegation agreement.
14 The Department may waive any portion of its fees established
15 by statute or rule if the county or multiple-county board of
16 health accepts the delegation.
17 (Source: P.A. 87-1162.)
18 (20 ILCS 2310/2310-20 new)
19 (was 20 ILCS 2310/55.17) (from Ch. 127, par. 55.17)
20 Sec. 2310-20. Promoting information of general public.
21 55.17. To promote the information of the general public in
22 all matters pertaining to health.
23 (Source: Laws 1951, p. 1512.)
24 (20 ILCS 2310/2310-25 new)
25 (was 20 ILCS 2310/55.05) (from Ch. 127, par. 55.05)
26 Sec. 2310-25. Disbursements to agencies and
27 organizations; payments for individuals. 55.05. To approve
28 the disbursement of State and federal funds to local health
29 authorities and to other public or private agencies and
30 organizations for the development of health programs or
31 services, and to make payments to or on behalf of individuals
32 suffering from diseases or disabilities from appropriations
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1 made available to the Department for those such purposes.
2 (Source: P.A. 80-994.)
3 (20 ILCS 2310/2310-30 new)
4 (was 20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
5 Sec. 2310-30. Contracts for health services and
6 products. 55.12. To enter into contracts with the Federal
7 Government, other States, local governmental units, and other
8 public or private agencies or organizations for the purchase,
9 sale, or exchange of health services and products that which
10 may benefit the health of the people.
11 (Source: P.A. 90-372, eff. 7-1-98.)
12 (20 ILCS 2310/2310-35 new)
13 (was 20 ILCS 2310/55.27) (from Ch. 127, par. 55.27)
14 Sec. 2310-35. Federal monies. 55.27. To accept, receive,
15 and receipt for federal monies, for and in behalf of the
16 State, given by the federal government under any federal law
17 to the State for health purposes, surveys, or programs, and
18 to adopt necessary rules pertaining thereto pursuant to the
19 Illinois Administrative Procedure Act.
20 (Source: P.A. 83-1496.)
21 (20 ILCS 2310/2310-40 new)
22 (was 20 ILCS 2310/55.28) (from Ch. 127, par. 55.28)
23 Sec. 2310-40. Gifts and donations. 55.28. To accept,
24 receive, and receipt for gifts, donations, grants, or
25 bequests for health purposes.
26 (Source: Laws 1951, p. 1512.)
27 (20 ILCS 2310/2310-45 new)
28 (was 20 ILCS 2310/55.29) (from Ch. 127, par. 55.29)
29 Sec. 2310-45. State Treasurer as custodian of funds.
30 55.29. Funds received by the Department of Public Health
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1 pursuant to Section 2310-35 Sections 55.27 or 2310-40 55.28
2 shall be deposited with the State Treasurer and held and
3 disbursed by the Treasurer him in accordance with the
4 Treasurer as Custodian of Funds Act "An Act in relation to
5 the receipt, custody and disbursement of money allotted by
6 the United States of America or any agency thereof for use in
7 this State," approved July 3, 1939, as amended.
8 (Source: Laws 1951, p. 1512.)
9 (20 ILCS 2310/2310-50 new)
10 (was 20 ILCS 2310/55.19) (from Ch. 127, par. 55.19)
11 Sec. 2310-50. Cooperation of organizations and agencies.
12 55.19. To enlist the cooperation of organizations of
13 physicians and other agencies for the promotion and
14 improvement of health and sanitation throughout the State.
15 (Source: Laws 1951, p. 1512.)
16 (20 ILCS 2310/2310-55 new)
17 (was 20 ILCS 2310/55.14) (from Ch. 127, par. 55.14)
18 Sec. 2310-55. Collecting information regarding mortality
19 and other matters. 55.14. To obtain, collect, and preserve
20 such information relative to mortality, morbidity, disease,
21 and health that as may be useful in the discharge of its
22 duties or may contribute to the promotion of health or to the
23 security of life in this State.
24 (Source: Laws 1951, p. 1512.)
25 (20 ILCS 2310/2310-60 new)
26 (was 20 ILCS 2310/55.22) (from Ch. 127, par. 55.22)
27 Sec. 2310-60. Publishing documents relating to health.
28 55.22. To print, publish, and distribute documents, reports,
29 bulletins, certificates, and other matter relating to the
30 prevention of diseases and the health and sanitary conditions
31 of the State.
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1 (Source: Laws 1951, p. 1512.)
2 (20 ILCS 2310/2310-65 new)
3 (was 20 ILCS 2310/55.26) (from Ch. 127, par. 55.26)
4 Sec. 2310-65. Hospital construction and health service
5 programs. 55.26. To conduct State-wide inventories of
6 existing hospitals, health service facilities, and personnel
7 for hospital and medical care and a survey of need of
8 hospitals, health service facilities, and personnel;, to
9 adopt State plans, based upon those such inventories and
10 surveys, embracing a hospital construction program and a
11 health service program for hospital and medical care; and to
12 make reports in the such form and containing the such
13 information that as the Surgeon General of the United States
14 Public Health Service may from time to time reasonably
15 require; and to do all other things on behalf of the State
16 that as may be necessary in order for the State to
17 participate in the benefits of the "Hospital Survey and
18 Construction Act," enacted by the 79th Congress, and any
19 other Act enacted by Congress pertaining to hospital and
20 medical care and health services. The Department of Public
21 Health is designated as the sole State agency for the
22 administration of those such State plans and as the agency
23 for receiving payments to the State from the United States of
24 America in accordance with the provisions of those such Acts
25 of Congress.
26 (Source: Laws 1951, p. 1512.)
27 (20 ILCS 2310/2310-75 new)
28 (was 20 ILCS 2310/55.38) (from Ch. 127, par. 55.38)
29 Sec. 2310-75. Impact of diesel powered equipment and
30 explosives in underground coal mines. 55.38. The Department
31 of Public Health shall conduct a study of underground coal
32 mines that which use diesel powered equipment or explosives
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1 while persons are working underground. The Such study shall
2 include, at a minimum, an assessment of the health and safety
3 impacts from the use of those such practices and equipment.
4 The Department shall report its findings to the Governor and
5 the General Assembly by no later than January 1, 1986.
6 (Source: P.A. 83-1236.)
7 (20 ILCS 2310/2310-80 new)
8 (was 20 ILCS 2310/55.89)
9 Sec. 2310-80. 55.89. 55.84. Aging Veterans Task Force.
10 (a) The Director of Public Health shall appoint an Aging
11 Veterans Task Force to study the capability of the State to
12 provide health care to veterans of the armed forces after the
13 year 2000. The task force shall consist of persons
14 representing the Department, the Department of Veterans'
15 Affairs, Illinois Veterans Homes, hospitals, nursing homes,
16 other health care facilities, and advocates for residents of
17 Illinois Veterans Homes, hospitals, nursing homes, and other
18 health care facilities. Members of the task force shall
19 serve without compensation other than reimbursement for
20 necessary expenses incurred in the performance of their
21 duties.
22 (b) The task force shall conduct a comprehensive
23 examination of the future demands for health care by the
24 State's aging veteran population and the ability of the State
25 to provide that health care.
26 (c) The task force shall make recommendations to assist
27 the Department and the Department of Veterans' Affairs in
28 developing agency and legislative changes to provide health
29 care to the State's veterans after the year 2000. The task
30 force shall report its recommendations to the Department
31 before January 1, 1999.
32 (Source: P.A. 90-693, eff. 8-7-98; revised 9-23-98.)
HB0236 Engrossed -295- LRB9100031DJcdA
1 (20 ILCS 2310/2310-90 new)
2 (was 20 ILCS 2310/55.09) (from Ch. 127, par. 55.09)
3 Sec. 2310-90. Laboratories; fees; Public Health
4 Laboratory Services Revolving Fund. 55.09. To maintain
5 physical, chemical, bacteriological, and biological
6 laboratories; to make examinations of milk, water,
7 atmosphere, sewage, wastes, and other substances, and
8 equipment and processes relating thereto; to make diagnostic
9 tests for diseases and tests for the evaluation of health
10 hazards considered necessary for the protection of the people
11 of the State; and to assess a reasonable fee for services
12 provided as established by regulation, under the Illinois
13 Administrative Procedure Act, which shall not exceed the
14 Department's actual costs to provide these services.
15 Excepting fees collected under the Phenylketonuria
16 Testing Act and the Lead Poisoning Prevention Act, all fees
17 shall be deposited into the Public Health Laboratory Services
18 Revolving Fund. Other State and federal funds related to
19 laboratory services may also be deposited into the Fund, and
20 all interest that accrues on the moneys in the Fund shall be
21 deposited into the Fund.
22 Moneys shall be appropriated from the Fund solely for the
23 purposes of testing specimens submitted in support of
24 Department programs established for the protection of human
25 health, welfare, and safety, and for testing specimens
26 submitted by physicians and other health care providers, to
27 determine whether chemically hazardous, biologically
28 infectious substances, or other disease causing conditions
29 are present.
30 (Source: P.A. 88-85.)
31 (20 ILCS 2310/2310-100 new)
32 (was 20 ILCS 2310/55.16) (from Ch. 127, par. 55.16)
33 Sec. 2310-100. Work of local health officers and
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1 agencies. 55.16. To keep informed of the work of local health
2 officers and agencies throughout the State.
3 (Source: Laws 1951, p. 1512.)
4 (20 ILCS 2310/2310-105 new)
5 (was 20 ILCS 2310/55.18) (from Ch. 127, par. 55.18)
6 Sec. 2310-105. Supervising and aiding local authorities.
7 55.18. To supervise, aid, direct, and assist local health
8 authorities or agencies in the administration of the health
9 laws.
10 (Source: Laws 1951, p. 1512.)
11 (20 ILCS 2310/2310-110 new)
12 (was 20 ILCS 2310/55.25) (from Ch. 127, par. 55.25)
13 Sec. 2310-110. Defense zones for public health purposes;
14 local approval. 55.25. To define the boundaries of defense
15 zones within this State for public health purposes, to alter
16 those boundaries the same from time to time, to establish and
17 maintain health departments in those such defense zones, and
18 to prescribe their powers and duties; provided, that no city,
19 village, or incorporated town that which has established and
20 is maintaining a board of health or public health board or
21 department pursuant to the provisions of the Illinois
22 Municipal Code, as heretofore and hereafter amended, or any
23 portion of that such municipality or any territory owned by,
24 leased to, or subject to the jurisdiction of any such
25 municipality, shall be included within any such defense zone
26 except upon approval of the corporate authorities of the such
27 , or of the mayor or president of the board of
28 trustees of the municipality thereof unless or until that
29 such approval is rescinded by action of the city council or
30 board of trustees; provided, that in cities and villages
31 under the commission form of government, that such approval
32 must be concurred in by a majority of the council.
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1 (Source: Laws 1961, p. 1418.)
2 (20 ILCS 2310/2310-130 new)
3 (was 20 ILCS 2310/55.82)
4 Sec. 2310-130. 55.82. Medicare or Medicaid certification
5 fee; Health Care Facility and Program Survey Fund. To
6 establish and charge a fee to any facility or program
7 applying to be certified to participate in the Medicare
8 program under Title XVIII of the federal Social Security Act
9 or in the Medicaid program under Title XIX of the federal
10 Social Security Act to cover the costs associated with the
11 application, inspection, and survey of the facility or
12 program, and processing of the application. The Department
13 shall establish the fee by rule, and the fee shall be based
14 only on those application, inspection, and survey, and
15 processing costs not reimbursed to the State by the federal
16 government. The fee shall be paid by the facility or program
17 before the application is processed.
18 The fees received by the Department under this Section
19 shall be deposited into the Health Care Facility and Program
20 Survey Fund, which is hereby created as a special fund in the
21 State treasury. Moneys in the Fund shall be appropriated to
22 the Department and may be used for any costs incurred by the
23 Department, including personnel costs, in the processing of
24 applications for Medicare or Medicaid certification.
25 (Source: P.A. 89-499, eff. 6-28-96.)
26 (20 ILCS 2310/2310-135 new)
27 (was 20 ILCS 2310/55.37) (from Ch. 127, par. 55.37)
28 Sec. 2310-135. Notice of suspension or termination of
29 medical services provider under Public Aid Code. 55.37. When
30 the Department of Public Health receives notice from the
31 Department of Public Aid, as required by Section 2205-10 48b
32 of the Department of Public Aid Law (20 ILCS 2205/2205-10)
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1 this Act, that the authorization to provide medical services
2 under Article V 5 of the Illinois Public Aid Code has been
3 suspended or terminated termination with respect to any
4 person, firm, corporation, association, agency, institution,
5 or other legal entity licensed under any Act administered by
6 the Department of Public Health, the Department of Public
7 Health shall determine whether there are reasonable grounds
8 to investigate the circumstances that which resulted in the
9 such suspension or termination. If such reasonable grounds
10 are found, the Department of Public Health shall conduct an
11 investigation and take such disciplinary action against the
12 licensee that as the Department determines to be required
13 under the appropriate licensing Act.
14 (Source: P.A. 80-1364.)
15 (20 ILCS 2310/2310-140 new)
16 (was 20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
17 Sec. 2310-140. Recommending suspension of licensed
18 health care professional. 55.37a. The Director of Public
19 Health, upon making a determination based upon information in
20 the possession of the Department, that continuation in
21 practice of a licensed health care professional would
22 constitute an immediate danger to the public, shall submit a
23 written communication to the Director of the Department of
24 Professional Regulation indicating that such determination
25 and additionally (i) providing a complete summary of the
26 information upon which the such determination is based, and
27 (ii) recommending that the Director of Professional
28 Regulation immediately suspend the such person's license.
29 All relevant evidence, or copies thereof, in the Department's
30 possession may also be submitted in conjunction with the
31 written communication. A copy of the such written
32 communication, which is exempt from the copying and
33 inspection provisions of the Freedom of Information Act,
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1 shall at the time of submittal to the Director of the
2 Department of Professional Regulation be simultaneously
3 mailed to the last known business address of the such
4 licensed health care professional by certified or registered
5 postage, United States Mail, return receipt requested. Any
6 evidence, or copies thereof, that which is submitted in
7 conjunction with the written communication is also exempt
8 from for the copying and inspection provisions of the Freedom
9 of Information Act.
10 For the purposes of this Section, "licensed health care
11 professional" means any person licensed under the Illinois
12 Dental Practice Act, the Nursing and Advanced Practice
13 Nursing Act, the Medical Practice Act of 1987, the Pharmacy
14 Practice Act of 1987, the Podiatric Medical Practice Act of
15 1987, or and the Illinois Optometric Practice Act of 1987.
16 (Source: P.A. 90-742, eff. 8-13-98.)
17 (20 ILCS 2310/2310-155 new)
18 (was 20 ILCS 2310/55.24) (from Ch. 127, par. 55.24)
19 Sec. 2310-155. Transfer of realty to other State agency;
20 acquisition of federal lands. 55.24. To transfer jurisdiction
21 of any realty under the control of the Department to any
22 other department of State government, or to the State
23 Employees Housing Commission, or to acquire or accept federal
24 lands, when the such transfer, acquisition, or acceptance is
25 advantageous to the State and is approved in writing by the
26 Governor.
27 (Source: Laws 1951, p. 1512.)
28 (20 ILCS 2310/2310-170 new)
29 (was 20 ILCS 2310/55.30) (from Ch. 127, par. 55.30)
30 Sec. 2310-170. No application to sanitary district with
31 population over 1,000,000. 55.30. Nothing contained in the
32 Civil Administrative Code of Illinois this Act contained
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1 shall apply to or be construed in any manner to affect the
2 property, real, personal, or mixed and wherever situated, or
3 the channels, drains, ditches, and outlets and adjuncts and
4 additions thereto and their use, operation, and maintenance
5 and the right to the flow of water therein for sewage
6 dilution, or affect the jurisdiction, rights, power, duties,
7 and obligations of any existing sanitary district that which
8 now has a population of 1,000,000 one million or more within
9 its territorial limits.
10 (Source: Laws 1951, p. 1512.)
11 (20 ILCS 2310/2310-185 new)
12 (was 20 ILCS 2310/55.51) (from Ch. 127, par. 55.51)
13 Sec. 2310-185. Criminal history record information.
14 55.51. Whenever the Department is authorized or required by
15 law to consider some aspect of criminal history record
16 information for the purpose of carrying out its statutory
17 powers and responsibilities, then, upon request and payment
18 of fees in conformance with the requirements of subsection 22
19 of Section 2605-400 55a of the Department of State Police Law
20 (20 ILCS 2605/2605-400) "The Civil Administrative Code of
21 Illinois", the Department of State Police is authorized to
22 furnish, pursuant to positive identification, the such
23 information contained in State files that as is necessary to
24 fulfill the request.
25 (Source: P.A. 86-610; 86-1028.)
26 (20 ILCS 2310/2310-195 new)
27 (was 20 ILCS 2310/55.39) (from Ch. 127, par. 55.39)
28 Sec. 2310-195. Administrative rules. 55.39. To adopt all
29 administrative rules that which may be necessary for the
30 effective administration, enforcement, and regulation of all
31 matters for which the Department has jurisdiction or
32 responsibility.
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1 (Source: P.A. 84-832.)
2 (20 ILCS 2310/2310-200 new)
3 (was 20 ILCS 2310/55.53) (from Ch. 127, par. 55.53)
4 Sec. 2310-200. 55.53. Programs to expand access to
5 primary care.
6 (a) The Department shall establish a program to expand
7 access to comprehensive primary care in medically underserved
8 communities throughout Illinois. This program may include
9 the provision of financial support and technical assistance
10 to eligible community health centers. To be eligible for
11 those such grants, community health centers must meet
12 requirements comparable to those enumerated in Sections 329
13 and 330 of the federal Public Health Service Act. In
14 establishing its program, the Department shall avoid
15 duplicating resources in areas already served by community
16 health centers.
17 (b) The Department may develop financing programs with
18 the Illinois Development Finance Authority to carry out the
19 purposes of the Civil Administrative Code of Illinois this
20 Act or any other Act that the Department is responsible for
21 administering. The Department may transfer to the Illinois
22 Development Finance Authority, into an account outside of the
23 State treasury, any moneys it deems necessary from its
24 accounts to establish bond reserve or credit enhancement
25 escrow accounts, or loan or equipment leasing programs. The
26 disposition of moneys at the conclusion of any such financing
27 program shall be determined by an interagency agreement.
28 (Source: P.A. 88-535.)
29 (20 ILCS 2310/2310-205 new)
30 (was 20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
31 Sec. 2310-205. 55.57. Community health centers. From
32 appropriations from the Community Health Center Care Fund, a
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1 special fund in the State treasury which is hereby created,
2 the Department shall provide financial assistance (i) to (a)
3 migrant health centers and community health centers
4 established pursuant to Sections 329 or 330 of the federal
5 Public Health Service Act or that which meet the standards
6 contained in either of those Sections; and (ii) (b) for the
7 purpose of establishing new migrant health centers or
8 community health centers in areas of need.
9 (Source: P.A. 86-996; 86-1028.)
10 (20 ILCS 2310/2310-210 new)
11 (was 20 ILCS 2310/55.62a)
12 Sec. 2310-210. 55.62a. Advisory Panel on Minority
13 Health.
14 (a) In this Section:
15 "Health profession" means any health profession regulated
16 under the laws of this State, including, without limitation,
17 professions regulated under the Illinois Athletic Trainers
18 Practice Act, the Clinical Psychologist Licensing Act, the
19 Clinical Social Work and Social Work Practice Act, the
20 Illinois Dental Practice Act, the Dietetic and Nutrition
21 Services Practice Act, the Marriage and Family Therapy
22 Licensing Act, the Medical Practice Act of 1987, the
23 Naprapathic Practice Act, the Nursing and Advanced Practice
24 Nursing Act, the Illinois Occupational Therapy Practice Act,
25 the Illinois Optometric Practice Act of 1987, the Illinois
26 Physical Therapy Act, the Physician Assistant Practice Act of
27 1987, the Podiatric Medical Practice Act of 1987, the
28 Professional Counselor and Clinical Professional Counselor
29 Licensing Act, and the Illinois Speech-Language Pathology and
30 Audiology Practice Act.
31 "Minority" has the same meaning as in Section 2310-215
32 55.62.
33 (b) The General Assembly finds as follows:
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1 (1) The health status of individuals from ethnic
2 and racial minorities in this State is significantly
3 lower than the health status of the general population of
4 the State.
5 (2) Minorities suffer disproportionately high rates
6 of cancer, stroke, heart disease, diabetes, sickle-cell
7 anemia, lupus, substance abuse, acquired immune
8 deficiency syndrome, other diseases and disorders,
9 unintentional injuries, and suicide.
10 (3) The incidence of infant mortality among
11 minorities is almost double that for the general
12 population.
13 (4) Minorities suffer disproportionately from lack
14 of access to health care and poor living conditions.
15 (5) Minorities are under-represented in the health
16 care professions.
17 (6) Minority participation in the procurement
18 policies of the health care industry is lacking.
19 (7) Minority health professionals historically have
20 tended to practice in low-income areas and to serve
21 minorities.
22 (8) National experts on minority health report that
23 access to health care among minorities can be
24 substantially improved by increasing the number of
25 minority health professionals.
26 (9) Increasing the number of minorities serving on
27 the facilities of health professional schools is an
28 important factor in attracting minorities to pursue a
29 career in health professions.
30 (10) Retaining minority health professionals
31 currently practicing in this State and those receiving
32 training and education in this State is an important
33 factor in maintaining and increasing the number of
34 minority health professionals in Illinois.
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1 (11) An Advisory Panel on Minority Health is
2 necessary to address the health issues affecting
3 minorities in this State.
4 (c) The General Assembly's intent is as follows:
5 (1) That all Illinoisans have access to health
6 care.
7 (2) That the gap between the health status of
8 minorities and other Illinoisans be closed.
9 (3) That the health issues that disproportionately
10 affect minorities be addressed to improve the health
11 status of minorities.
12 (4) That the number of minorities in the health
13 professions be increased.
14 (d) The Advisory Panel on Minority Health is created.
15 The Advisory Panel shall consist of 25 members appointed by
16 the Director of Public Health. The members shall represent
17 health professions and the General Assembly.
18 (e) The Advisory Panel shall assist the Department in
19 the following manner:
20 (1) Examination of the following areas as they
21 relate to minority health:
22 (A) Access to health care.
23 (B) Demographic factors.
24 (C) Environmental factors.
25 (D) Financing of health care.
26 (E) Health behavior.
27 (F) Health knowledge.
28 (G) Utilization of quality care.
29 (H) Minorities in health care professions.
30 (2) Development of monitoring, tracking, and
31 reporting mechanisms for programs and services with
32 minority health goals and objectives.
33 (3) Communication with local health departments,
34 community-based organizations, voluntary health
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1 organizations, and other public and private organizations
2 statewide, on an ongoing basis, to learn more about their
3 services to minority communities, the health problems of
4 minority communities, and their ideas for improving
5 minority health.
6 (4) Promotion of communication among all State
7 agencies that provide services to minority populations.
8 (5) Building coalitions between the State and
9 leadership in minority communities.
10 (6) Encouragement of recruitment and retention of
11 minority health professionals.
12 (7) Improvement in methods for collecting and
13 reporting data on minority health.
14 (8) Improvement in accessibility to health and
15 medical care for minority populations in under-served
16 rural and urban areas.
17 (9) Reduction of communication barriers for
18 non-English speaking residents.
19 (10) Coordination of the development and
20 dissemination of culturally appropriate and sensitive
21 education material, public awareness messages, and health
22 promotion programs for minorities.
23 (f) On or before January 1, 1997 the Advisory Panel
24 shall submit an interim report to the Governor and the
25 General Assembly. The interim report shall include an update
26 on the Advisory Panel's progress in performing its functions
27 under this Section and shall include recommendations,
28 including recommendations for any necessary legislative
29 changes.
30 On or before January 1, 1998 the Advisory Panel shall
31 submit a final report to the Governor and the General
32 Assembly. The final report shall include the following:
33 (1) An evaluation of the health status of
34 minorities in this State.
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1 (2) An evaluation of minority access to health care
2 in this State.
3 (3) Recommendations for improving the health status
4 of minorities in this State.
5 (4) Recommendations for increasing minority access
6 to health care in this State.
7 (5) Recommendations for increasing minority
8 participation in the procurement policies of the health
9 care industry.
10 (6) Recommendations for increasing the number of
11 minority health professionals in this State.
12 (7) Recommendations that will ensure that the
13 health status of minorities in this State continues to be
14 addressed beyond the expiration of the Advisory Panel.
15 (Source: P.A. 89-298, eff. 1-1-96; 90-742, eff. 8-13-98.)
16 (20 ILCS 2310/2310-215 new)
17 (was 20 ILCS 2310/55.62) (from Ch. 127, par. 55.62)
18 Sec. 2310-215. 55.62. Center for Minority Health
19 Services.
20 (a) The Department shall establish a Center for Minority
21 Health Services to advise the Department on matters
22 pertaining to the health needs of minority populations within
23 the State.
24 (b) The Center shall have the following duties:
25 (1) To assist in the assessment of the health needs
26 of minority populations in the State.
27 (2) To recommend treatment methods and programs
28 that are sensitive and relevant to the unique linguistic,
29 cultural, and ethnic characteristics of minority
30 populations.
31 (3) To provide consultation, technical assistance,
32 training programs, and reference materials to service
33 providers, organizations, and other agencies.
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1 (4) To promote awareness of minority health
2 concerns, and encourage, promote, and aid in the
3 establishment of minority services.
4 (5) To disseminate information on available
5 minority services.
6 (6) To provide adequate and effective opportunities
7 for minority populations to express their views on
8 Departmental policy development and program
9 implementation.
10 (7) To coordinate with the Department on Aging and
11 the Department of Public Aid to coordinate services
12 designed to meet the needs of minority senior citizens.
13 (c) For the purpose of this Section, "minority" shall
14 mean and include any person or group of persons who are:
15 (1) African-American (a person having origins in
16 any of the black racial groups in Africa);
17 (2) Hispanic (a person of Spanish or Portuguese
18 culture with origins in Mexico, South or Central America,
19 or the Caribbean Islands, regardless of race);
20 (3) Asian American (a person having origins in any
21 of the original peoples of the Far East, Southeast Asia,
22 the Indian Subcontinent or the Pacific Islands); or
23 (4) American Indian or Alaskan Native (a person
24 having origins in any of the original peoples of North
25 America).
26 (Source: P.A. 87-633; 87-895; 88-254.)
27 (20 ILCS 2310/2310-220 new)
28 (was 20 ILCS 2310/55.73)
29 Sec. 2310-220. 55.73. Findings; rural obstetrical care.
30 The General Assembly finds that substantial areas of rural
31 Illinois lack adequate access to obstetrical care. The
32 primary cause of this problem is the absence of qualified
33 practitioners who are willing to offer obstetrical services.
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1 A significant barrier to recruiting and retaining those
2 practitioners is the high cost of professional liability
3 insurance for practitioners offering obstetrical care.
4 Therefore, the Department, from funds appropriated for
5 that purpose, shall award grants to physicians practicing
6 obstetrics in rural designated shortage areas, as defined in
7 Section 3.04 of the Family Practice Residency Act, for the
8 purpose of reimbursing those physicians for the costs of
9 obtaining malpractice insurance relating to obstetrical
10 services. The Department shall establish reasonable
11 conditions, standards, and duties relating to the application
12 for and receipt of the grants.
13 (Source: P.A. 88-206; 88-670, eff. 12-2-94.)
14 (20 ILCS 2310/2310-225 new)
15 (was 20 ILCS 2310/55.58) (from Ch. 127, par. 55.58)
16 Sec. 2310-225. Nurse incentive program for medically
17 underserved areas. 55.58. The Department shall undertake a
18 study to determine what incentives might be necessary to
19 attract nurses to practice in medically underserved areas of
20 Illinois. Based on the research and experience of other
21 states and the private sector, a variety of incentive
22 programs should be examined for their feasibility and
23 possible development and implementation in Illinois. Based
24 upon the results of this study, the Department may implement
25 a nurse incentive program, subject to available
26 appropriations.
27 (Source: P.A. 86-1004.)
28 (20 ILCS 2310/2310-230 new)
29 (was 20 ILCS 2310/55.67) (from Ch. 127, par. 55.67)
30 Sec. 2310-230. Reevaluation of health manpower shortage
31 areas. 55.67. The Illinois Department of Public Health shall
32 reevaluate the health manpower shortage areas after each
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1 decennial census.
2 (Source: P.A. 87-487; 87-895.)
3 (20 ILCS 2310/2310-235 new)
4 (was 20 ILCS 2310/55.63) (from Ch. 127, par. 55.63)
5 Sec. 2310-235. Impact of trauma care closures. 55.63. The
6 Department shall study the impact of trauma care closures on
7 delivery and access to emergency health care services. The
8 Department shall report its findings to the General Assembly
9 no later than June 1, 1992.
10 (Source: P.A. 87-633.)
11 (20 ILCS 2310/2310-250 new)
12 (was 20 ILCS 2310/55.13) (from Ch. 127, par. 55.13)
13 Sec. 2310-250. Distribution of vaccines and other
14 medicines and products. 55.13. To acquire and distribute free
15 of charge for the benefit of citizens of the State upon
16 request by physicians licensed in Illinois to practice
17 medicine in all of its branches or by licensed hospitals in
18 the State diphtheria antitoxin, typhoid vaccine, smallpox
19 vaccine, poliomyelitis vaccine and other sera, vaccines,
20 prophylactics, and drugs that such as are of recognized
21 efficiency in the diagnosis, prevention, and treatment of
22 diseases; also biological products, blood plasma, penicillin,
23 sulfonamides, and such other products and medicines that as
24 are of recognized therapeutic efficiency in the use of first
25 aid treatment in case of accidental injury or in the
26 prevention and treatment of diseases or conditions harmful to
27 health; provided that those such drugs shall be manufactured
28 only during the such period that as they are not made readily
29 available by private sources. These medications and biologics
30 may be distributed through public and private agencies or
31 individuals and firms designated by the Director as
32 authorized agencies for this purpose.
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1 (Source: Laws 1963, p. 3222.)
2 (20 ILCS 2310/2310-255 new)
3 (was 20 ILCS 2310/55.75)
4 Sec. 2310-255. 55.75. Immunization outreach programs
5 Program.
6 (a) The Illinois General Assembly finds and declares the
7 following:
8 (1) There is a growing number of 2-year-old
9 children who have not received the necessary childhood
10 immunizations to prevent communicable diseases.
11 (2) The reasons these children do not receive
12 immunizations are many and varied. These reasons
13 include, but are not limited to, the following:
14 (A) Their parents live in poverty and do not
15 have access to insurance coverage for health care
16 and immunizations.
17 (B) Their parents come from non-English
18 speaking cultures where the importance of early
19 childhood immunizations has not been emphasized.
20 (C) Their parents do not receive adequate
21 referral to immunization programs or do not have
22 access to public immunization programs through other
23 public assistance services.
24 (3) (D) The percentage of fully immunized
25 African-American and Hispanic 2-year-old children is
26 significantly less than that for Whites.
27 (4) (E) The ages of concern that remain are infancy
28 and preschool, especially for those children at high risk
29 because of a medical condition or because of social and
30 environmental factors.
31 (5) (F) Ensuring protective levels of immunization
32 against communicable disease for these children is the
33 most historically proven cost-effective preventive
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1 measure available to public health agencies.
2 (6) (3) It is the intent of the General Assembly to
3 establish an immunization outreach program to respond to
4 this problem.
5 (b) The Department, of Public Health in cooperation with
6 county, multiple county, and municipal health departments,
7 may establish permanent, temporary, or mobile sites for
8 immunizing children or referring parents to other programs
9 that provide immunizations and comprehensive health services.
10 These sites may include, but are not limited to, the
11 following:
12 (1) Public places where parents of children at high
13 risk of remaining unimmunized reside, shop, worship, or
14 recreate.
15 (2) School grounds, either during regular hours,
16 evening hours, or on weekends.
17 (3) Places on or adjacent to sites of public or
18 community-based agencies or programs that either provide
19 or refer persons to public assistance programs or
20 services.
21 (c) Outreach programs shall, to the extent feasible,
22 include referral components intended to link immunized
23 children with available public or private primary care
24 providers to increase access to continuing pediatric care
25 including subsequent immunization services.
26 (d) The population to be targeted by the programs
27 program shall include children who do not receive
28 immunizations through private third-party sources or other
29 public sources with priority given to infants and children
30 from birth up to age 3. Outreach programs shall provide
31 information to the families of children being immunized about
32 possible reactions to the vaccine and about follow-up
33 referral sources.
34 (Source: P.A. 88-493; 88-670, eff. 12-2-94.)
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1 (20 ILCS 2310/2310-275 new)
2 (was 20 ILCS 2310/55.61) (from Ch. 127, par. 55.61)
3 Sec. 2310-275. 55.61. Child health insurance plan study.
4 (a) The Department, in cooperation with the Department
5 of Insurance and the Department of Public Aid, shall
6 undertake a study to determine the feasibility of
7 establishing a child health insurance plan to provide primary
8 and preventive health care services for children. The study
9 shall provide an analysis of the types of health care
10 services and benefits needed, including, but not limited to,
11 well-child care, diagnosis and treatment of illness and
12 injury, prescription drugs, and laboratory services. The
13 study shall include an analysis of the cost of the plan and
14 possible sources of funding. The study shall include a
15 review of similar plans operating in other states.
16 (b) The Department shall file its report as provided in
17 Section 3.1 of the General Assembly Organization Act no later
18 than 6 months after January 1, 1992 the effective date of
19 this amendatory Act of 1991.
20 (Source: P.A. 87-252.)
21 (20 ILCS 2310/2310-300 new)
22 (was 20 ILCS 2310/55.78)
23 Sec. 2310-300. 55.78. Healthy Families initiative; child
24 abuse and neglect.
25 (a) The Department of Public Health, in cooperation with
26 the Department of Children and Family Services, the Illinois
27 Department of Public Aid, and other related State and
28 community agencies, shall convene a steering committee to
29 develop a plan to implement a Healthy Families statewide
30 initiative to prevent the occurrence of child abuse and
31 neglect and to promote positive child health and development.
32 The program shall be based on the Healthy Families America
33 model of a voluntary program to identify at-risk families who
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1 are confronted with a significant number of elements that
2 could lead to child abuse and neglect and to offer help
3 before any incidence occurs.
4 (b) The goals of the Healthy Families Initiative shall
5 include the following:
6 (1) Strengthening family functioning.
7 (2) Enhancing child development.
8 (3) Promoting positive parenting.
9 (4) Enhancing parent-child interaction.
10 (5) Ensuring primary health care for all families.
11 (6) Ensuring appropriate use of health and
12 community resources in providing prevention services and
13 the promotion of positive child health and development.
14 (c) The steering committee may review similar programs
15 operating in other states. The Initiative must provide a
16 comprehensive, coordinated program of prevention services for
17 infants and young children through a voluntary home visitor
18 program for new parents and their children. The plan shall
19 utilize and may expand existing programs and services
20 currently operating in the State. Where there are no
21 existing services, the Department may authorize the
22 development of new local programs, which incorporate the
23 proven critical elements contained in the Healthy Families
24 America model. The programs shall include an evaluation
25 component. The Department is authorized to contract for the
26 study. The Department may provide, by grant or contract,
27 support to a statewide child abuse prevention organization
28 for the development and implementation of the Healthy
29 Families initiative and evaluation. Funds for the Healthy
30 Families initiative shall be sought from the federal
31 government and State human service code departments. Private
32 sponsorship may also be sought.
33 (d) The steering committee shall inventory State and
34 local resources providing relevant home visitation services
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1 to families and evaluate how these resources may be included
2 in a statewide Healthy Families implementation plan. This
3 may result in renaming current programs and bringing them
4 into compliance with the requirements of the Healthy Families
5 America model to create a comprehensive statewide system that
6 can be effectively monitored and evaluated.
7 (e) The Department shall report to the Governor and
8 General Assembly on the Healthy Families initiative plan and
9 submit recommendations by January 1, 1995.
10 (Source: P.A. 88-614, eff. 9-7-94; 89-235, eff. 8-4-95.)
11 (20 ILCS 2310/2310-305 new)
12 (was 20 ILCS 2310/55.64) (from Ch. 127, par. 55.64)
13 Sec. 2310-305. 55.64. Public information campaign;
14 brochure; shaken infant syndrome.
15 (a) The Department of Public Health may conduct an
16 information campaign for the general public concerning the
17 dangers of shaking infants and young children. The
18 information shall inform the public about the risks of
19 shaking children and ways to reduce the causes of shaking
20 children.
21 (b) The Department may prepare a brochure describing the
22 dangers of shaking infants and young children. The
23 description shall include information on the effects of
24 shaking children, appropriate ways to manage the causes for
25 shaking children, and discussion on how to reduce the risk of
26 shaking. The brochure shall be distributed free of charge to
27 the parents or guardians of each newborn upon discharge of
28 the infant from a hospital or other health facility.
29 (Source: P.A. 87-633; 87-895.)
30 (20 ILCS 2310/2310-310 new)
31 (was 20 ILCS 2310/55.79)
32 Sec. 2310-310. 55.79. Spousal abuse study. The
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1 Department shall conduct a study of spousal abuse. The study
2 shall include, but not be limited to, identification of
3 causes of spousal abuse and identification of specific age
4 groups affected by spousal abuse. On or before January 1,
5 1996, the Department shall report its findings to the
6 Governor and the General Assembly, together with its specific
7 recommendations for preventing spousal abuse and for a
8 program to be administered by the Department to assist
9 victims of spousal abuse.
10 (Source: P.A. 88-622, eff. 1-1-95; 89-235, eff. 8-4-95.)
11 (20 ILCS 2310/2310-315 new)
12 (was 20 ILCS 2310/55.41) (from Ch. 127, par. 55.41)
13 Sec. 2310-315. Prevention and treatment of AIDS. 55.41.
14 To perform the following in relation to the prevention and
15 treatment of acquired immunodeficiency syndrome (AIDS):
16 (1) (a) Establish a State AIDS Control Unit within the
17 Department as a separate administrative subdivision, to
18 coordinate all State programs and services relating to the
19 prevention, treatment, and amelioration of AIDS.
20 (2) (b) Conduct a public information campaign for
21 physicians, hospitals, health facilities, public health
22 departments, law enforcement personnel, public employees,
23 laboratories, and the general public on acquired
24 immunodeficiency syndrome (AIDS) and to promote necessary
25 measures to reduce the incidence of AIDS and the mortality
26 from AIDS. This program shall include, but not be limited to,
27 the establishment of a statewide hotline and a State AIDS
28 information clearinghouse that will provide periodic reports
29 and releases to public officials, health professionals,
30 community service organizations, and the general public
31 regarding new developments or procedures concerning
32 prevention and treatment of AIDS.
33 (3) (c) Establish an AIDS Advisory Council consisting of
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1 25 persons appointed by the Governor, including
2 representation from public and private agencies,
3 organizations, and facilities involved in AIDS research,
4 prevention, and treatment, which shall advise the Department
5 on the State AIDS Control Plan. The terms of the initial
6 appointments shall be staggered so that 13 members are
7 appointed for 2-year terms and 12 members are appointed for
8 4-year terms. All subsequent appointments shall be for 4-year
9 terms. Members shall serve without compensation, but may be
10 reimbursed for expenses incurred in relation to their duties
11 on the Council. A Chairman, and such other officers that as
12 may be considered necessary, shall be elected from among the
13 members. Any vacancy shall be filled for the term of the
14 original appointment. Members whose terms have expired may
15 continue to serve until their successors are appointed.
16 (4) (d) Establish alternative blood test services that
17 are not operated by a blood bank, plasma center or hospital.
18 The Department shall prescribe by rule minimum criteria,
19 standards and procedures for the establishment and operation
20 of such services, which shall include, but not be limited to
21 requirements for the provision of information, counseling and
22 referral services that ensure appropriate counseling and
23 referral for persons whose blood is tested and shows evidence
24 of exposure to the human immunodeficiency virus (HIV) or
25 other identified causative agent of acquired immunodeficiency
26 syndrome (AIDS).
27 (5) (e) Establish regional and community service
28 networks of public and private service providers or health
29 care professionals who may be involved in AIDS research,
30 prevention and treatment.
31 (6) (f) Provide grants to individuals, organizations or
32 facilities to support the following:
33 (A) (1) Information, referral, and treatment
34 services.;
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1 (B) (2) Interdisciplinary workshops for
2 professionals involved in research and treatment.;
3 (C) (3) Establishment and operation of a statewide
4 hotline.;
5 (D) (4) Establishment and operation of alternative
6 testing services.;
7 (E) (5) Research into detection, prevention, and
8 treatment.;
9 (F) (6) Supplementation of other public and private
10 resources.;
11 (G) (7) Implementation by long-term care facilities
12 of Department standards and procedures for the care and
13 treatment of persons with AIDS, and the development of
14 adequate numbers and types of placements for those such
15 persons.
16 (7) (g) Conduct a study and report to the Governor and
17 the General Assembly by July 1, 1988, on the public and
18 private costs of AIDS medical treatment, including the
19 availability and accessibility of inpatient, outpatient,
20 physician, and community support services.
21 (8) (h) Accept any gift, donation, bequest, or grant of
22 funds from private or public agencies, including federal
23 funds that may be provided for AIDS control efforts.
24 (9) (i) Develop and implement, in consultation with the
25 Long-Term Care Facility Advisory Board, standards and
26 procedures for long-term care facilities that provide care
27 and treatment of persons with AIDS, including appropriate
28 infection control procedures. The Department shall work
29 cooperatively with organizations representing those such
30 facilities to develop adequate numbers and types of
31 placements for persons with AIDS, and shall advise those such
32 (j) The Department shall create and administer a
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1 training program for State employees who have a need for
2 understanding matters relating to AIDS in order to deal with
3 or advise the public. The Such training shall include
4 information on the cause and effects of AIDS, the means of
5 detecting it and preventing its transmission, the
6 availability of related counseling and referral, and such
7 other matters that as may be appropriate. The Such training
8 may also be made available to employees of local governments,
9 public service agencies, and private agencies that which
10 contract with the State; in those such cases the Department
11 may charge a reasonable fee to recover the cost of the
12 training.
13 (11) (k) Approve tests or testing procedures used in
14 determining exposure to HIV or any other identified causative
15 agent of AIDS.
16 (Source: P.A. 85-1209; 85-1248; 85-1440.)
17 (20 ILCS 2310/2310-320 new)
18 (was 20 ILCS 2310/55.56) (from Ch. 127, par. 55.56)
19 Sec. 2310-320. AIDS awareness programs and materials.
20 55.56.
21 (a) The Department of Public Health shall include within
22 its AIDS awareness programs and materials, information
23 directed toward Hispanics, African Americans, and other
24 population groups in Illinois that are considered high risk
25 populations for AIDS and AIDS-related complex. The Such
26 information shall inform high risk groups about the
27 transmission of the AIDS virus, the prevention of infection,
28 the treatment available for the disease, and how treatment
29 may be obtained.
30 (b) The Department of Public Health shall include in its
31 AIDS campaign material information directed toward
32 African-Americans and Hispanics. This information shall
33 include educational videos, in English and in Spanish,
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1 directed toward teenagers who are members of high risk
2 population groups. The Department shall seek the advice and
3 assistance of community-based organizations representing
4 these populations with respect to the most effective methods
5 to educate persons within these populations about AIDS.
6 (Source: P.A. 89-363, eff. 1-1-96.)
7 (20 ILCS 2310/2310-325 new)
8 (was 20 ILCS 2310/55.45) (from Ch. 127, par. 55.45)
9 Sec. 2310-325. Donors of semen for artificial
10 insemination; AIDS test; penalty. 55.45.
11 (a) The Department shall by rule require that all donors
12 of semen for purposes of artificial insemination be tested
13 for evidence of exposure to human immunodeficiency virus
14 (HIV) or any other identified causative agent of acquired
15 immunodeficiency syndrome (AIDS) prior to the semen being
16 made available for that such use.
17 (b) In performing the technique of human artificial
18 insemination in this State, no person shall intentionally,
19 knowingly, recklessly, or negligently use the semen of a
20 donor who has not been tested in accordance with subsection
21 (a), or the semen of a donor who has tested positive for
22 exposure to HIV or any other identified causative agent of
23 AIDS. Violation of this subsection (b) shall be a Class A
24 misdemeanor.
25 (Source: P.A. 85-1209.)
26 (20 ILCS 2310/2310-330 new)
27 (was 20 ILCS 2310/55.46) (from Ch. 127, par. 55.46)
28 Sec. 2310-330. Sperm and tissue bank registry; AIDS test
29 for donors; penalties. 55.46.
30 (a) The Department shall establish a registry of all
31 sperm banks and tissue banks operating in this State. All
32 sperm banks and tissue banks operating in this State shall
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1 register with the Department by May 1 of each year. Any
2 person, hospital, clinic, corporation, partnership, or other
3 legal entity that which operates a sperm bank or tissue bank
4 in this State and fails to register with the Department
5 pursuant to this Section commits a business offense and shall
6 be subject to a fine of $5000.
7 (b) All donors of semen for purposes of artificial
8 insemination, or donors of corneas, bones, organs, or other
9 human tissue for the purpose of injecting, transfusing, or
10 transplanting any of them in the human body, shall be tested
11 for evidence of exposure to human immunodeficiency virus
12 (HIV) and any other identified causative agent of acquired
13 immunodeficiency syndrome (AIDS) at the time of or after the
14 donation, but prior to the semen, corneas, bones, organs, or
15 other human tissue being made available for that such use.
16 However, when in the opinion of the attending physician the
17 life of a recipient of a bone, organ, or other human tissue
18 donation would be jeopardized by delays caused by testing for
19 evidence of exposure to HIV and any other causative agent of
20 AIDS, testing shall not be required.
21 (c) No person may intentionally, knowingly, recklessly,
22 or negligently use the semen, corneas, bones, organs, or
23 other human tissue of a donor unless the requirements of
24 subsection (b) have been met. No person may intentionally,
25 knowingly, recklessly, or negligently use the semen, corneas,
26 bones, organs, or other human tissue of a donor who has
27 tested positive for exposure to HIV or any other identified
28 causative agent of AIDS. Violation of this subsection (c)
29 shall be a Class 4 felony.
30 (d) For the purposes of this Section, "human tissue"
31 shall not be construed to mean whole blood or its component
32 parts.
33 For the purposes of this Section, "tissue bank" means any
34 facility or program that is involved in procuring,
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1 furnishing, donating, processing, or distributing corneas,
2 bones, organs, or other human tissue for the purpose of
3 injecting, transfusing, or transplanting any of them in the
4 human body.
5 (Source: P.A. 85-1209.)
6 (20 ILCS 2310/2310-335 new)
7 (was 20 ILCS 2310/55.43) (from Ch. 127, par. 55.43)
8 Sec. 2310-335. Alzheimer's disease; exchange of
9 information; autopsies. 55.43.
10 (a) The Department of Public Health shall establish
11 policies, procedures, standards, and criteria for the
12 collection, maintenance, and exchange of confidential
13 personal and medical information necessary for the
14 identification and evaluation of victims of Alzheimer's
15 disease and related disorders, and for the conduct of
16 consultation, referral, and treatment through personal
17 physicians, primary Alzheimer's centers, and regional
18 Alzheimer's assistance centers provided for in the
19 Alzheimer's Disease Assistance Act, enacted by the 84th
20 General Assembly. These Such requirements shall include
21 procedures for obtaining the necessary consent of a patient
22 or guardian to the disclosure and exchange of that such
23 information among providers of services service within an
24 Alzheimer's disease assistance network, and for the
25 maintenance of the such information in a centralized medical
26 information system administered by a regional Alzheimer's
27 center. Nothing in this Section requires disclosure or
28 exchange of information pertaining to confidential
29 communications between patients and therapists, or disclosure
30 or exchange of information contained within a therapist's
31 personal notes.
32 (b) Any person identified as a victim of Alzheimer's
33 disease or a related disorder under the Alzheimer's Disease
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1 Assistance Act, enacted by the 84th General Assembly, shall
2 be provided information regarding the critical role that
3 autopsies play in the diagnosis and in the conduct of
4 research into the cause and cure of Alzheimer's disease and
5 related disorders. The Such person, or the spouse or
6 guardian of the such person, shall be encouraged to consent
7 to an autopsy upon the person's his death.
8 The Department of Public Health shall provide information
9 to medical examiners and coroners in this State regarding the
10 importance of autopsies in the diagnosis and in the conduct
11 of research into the causes and cure of Alzheimer's disease
12 and related disorders. The Department shall also arrange for
13 education and training programs that will enable medical
14 examiners and coroners to conduct autopsies necessary for a
15 proper diagnosis of Alzheimer's disease or related disorders
16 as the cause or a contributing factor to a death.
17 (Source: P.A. 84-1308.)
18 (20 ILCS 2310/2310-340 new)
19 (was 20 ILCS 2310/55.68) (from Ch. 127, par. 55.68)
20 Sec. 2310-340. 55.68. Bone marrow donor education. From
21 funds made available by the General Assembly for the purpose
22 of bone marrow donor education, the Director of Public Health
23 (a) Educate residents of the State about (i)
25 the need for bone marrow donors; (ii) the procedures
26 required to become registered as a potential bone marrow
27 donor, including the procedures for determining the
28 person's tissue type; and (iii) the medical procedures a
29 donor must undergo to donate bone marrow and the
30 attendant risks of the procedure.
31 (2) (b) Make special efforts to educate and recruit
32 minority populations to volunteer as potential bone
33 marrow donors. Means of communication may include use of
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1 press, radio, and television, and placement of
2 educational materials in appropriate health care
3 facilities, blood banks, and State and local agencies.
4 (3) (c) Conduct a bone marrow donor drive to
5 encourage State employees to volunteer to be potential
6 bone marrow donors. The drive shall include educational
7 materials and presentations that explain the need for
8 bone marrow donors, and the procedures for becoming
9 registered as a potential bone marrow donor. The
10 Director of Central Management Services shall provide
11 assistance as needed to organize and conduct the drive.
12 (4) (d) In conjunction with the Secretary of State,
13 make educational materials available at all places where
14 driver's licenses are issued or renewed.
15 (Source: P.A. 87-659; 87-895.)
16 (20 ILCS 2310/2310-345 new)
17 (was 20 ILCS 2310/55.49) (from Ch. 127, par. 55.49)
18 Sec. 2310-345. Breast cancer; written summary regarding
19 early detection and treatment. 55.49.
20 (a) From funds made available for this purpose, the
21 Department of Public Health shall publish, in layman's
22 language, a standardized written summary outlining methods
23 for the early detection and diagnosis of breast cancer. The
24 summary shall include recommended guidelines for screening
25 and detection of breast cancer through the use of techniques
26 that shall include but not be limited to self-examination and
27 diagnostic radiology.
28 (b) The summary shall also suggest that women seek
29 mammography services from facilities that are certified to
30 perform mammography as required by the federal Mammography
31 Quality Standards Act of 1992.
32 (c) The summary shall also include the medically viable
33 alternative methods for the treatment of breast cancer,
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1 including, but not limited to, hormonal, radiological,
2 chemotherapeutic, or surgical treatments, or combinations
3 thereof. The summary shall contain information on breast
4 reconstructive surgery, including, but not limited to, the
5 use of breast implants and their side effects. The summary
6 shall inform the patient of the advantages, disadvantages,
7 risks, and dangers of the various procedures. The summary
8 shall include (i) a statement that mammography is the most
9 accurate method for making an early detection of breast
10 cancer, however, no diagnostic tool is 100% effective and
11 (ii) instructions for instructions for performing breast
12 self-examination and a statement that it is important to
13 perform a breast self-examination monthly.
14 (d) In developing the summary, the Department shall
15 consult with the Advisory Board of Cancer Control, the
16 Illinois State Medical Society and consumer groups. The
17 summary shall be updated by the Department every 2 years.
18 (e) The summaries shall additionally be translated into
19 Spanish, and the Department shall conduct a public
20 information campaign to distribute the summaries to the
21 Hispanic women of this State in order to inform them of the
22 importance of early detection and mammograms.
23 (f) The Department shall distribute the summary to
24 hospitals, public health centers, and physicians who are
25 likely to perform or order diagnostic tests for breast
26 disease or treat breast cancer by surgical or other medical
27 methods. Those hospitals, public health centers, and
28 physicians shall make the summaries available to the public.
29 The Department shall also distribute the summaries to any
30 person, organization, or other interested parties upon
31 request. The summaries may be duplicated by any person,
32 provided the such copies are identical to the current summary
33 prepared by the Department.
34 (g) The summary shall display, on the inside of its
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1 cover, printed in capital letters, in bold face type, the
2 following paragraph:
3 "The information contained in this brochure regarding
4 recommendations for early detection and diagnosis of breast
5 disease and alternative breast disease treatments is only for
6 the purpose of assisting you, the patient, in understanding
7 the medical information and advice offered by your physician.
8 This brochure cannot serve as a substitute for the sound
9 professional advice of your physician. The availability of
10 this brochure or the information contained within is not
11 intended to alter, in any way, the existing physician-patient
12 relationship, nor the existing professional obligations of
13 your physician in the delivery of medical services to you,
14 the patient."
15 (h) The summary shall be updated when necessary.
16 (Source: P.A. 89-187, eff. 7-19-95.)
17 (20 ILCS 2310/2310-350 new)
18 (was 20 ILCS 2310/55.70)
19 Sec. 2310-350. 55.70. Breast and Cervical Cancer Research
20 Fund. From funds appropriated from the Breast and Cervical
21 Cancer Research Fund, the Department of Public Health shall
22 award grants to eligible physicians, hospitals, laboratories,
23 education institutions, and other organizations and persons
24 to enable organizations and persons to conduct research. For
25 the purposes of this Section, "research" includes, but is not
26 limited to, expenditures to develop and advance the
27 understanding, techniques, and modalities effective in early
28 detection, prevention, cure, screening, and treatment of
29 breast and cervical cancer and may include clinical trials.
30 Moneys received for the purposes of this Section,
31 including but not limited to income tax checkoff receipts and
32 gifts, grants, and awards from private foundations, nonprofit
33 organizations, other governmental entities, and persons shall
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1 be deposited into the Breast and Cervical Cancer Research
2 Fund, which is hereby created as a special fund in the State
3 treasury.
4 The Department of Public Health shall create an advisory
5 committee with members from, but not limited to, the Illinois
6 Chapter of the American Cancer Society, Y-Me, and the State
7 Board of Health for the purpose of awarding research grants
8 under this Section. Members of the advisory committee shall
9 not be eligible for any financial compensation or
10 reimbursement.
11 (Source: P.A. 88-85; 88-459; 88-670, eff. 12-2-94.)
12 (20 ILCS 2310/2310-352 new)
13 (was 20 ILCS 2310/55.86)
14 Sec. 2310-352. 55.86. Children's Cancer Fund; grants.
15 From funds appropriated from the Children's Cancer Fund, a
16 special fund created in the State treasury, the Department of
17 Human Services shall make grants to public or private
18 entities in Illinois, including the Mitchell Ross Children's
19 Cancer Fund and the Cancer Wellness Center, for the purposes
20 of funding (i) research into causes, prevention, and
21 treatment of cancer in children and (ii) direct
22 community-based supportive services and programs that address
23 the psychological, emotional, and social needs of children
24 with cancer and their family members.
25 (Source: P.A. 90-171, eff. 7-23-97.)
26 (20 ILCS 2310/2310-355 new)
27 (was 20 ILCS 2310/55.23) (from Ch. 127, par. 55.23)
28 Sec. 2310-355. Cancer, heart disease, and other chronic
29 diseases. 55.23. To promote necessary measures to reduce the
30 mortality from cancer, heart disease, and other chronic
31 diseases.
32 (Source: Laws 1951, p. 1512.)
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1 (20 ILCS 2310/2310-360 new)
2 (was 20 ILCS 2310/55.80)
3 Sec. 2310-360. 55.80. Division chief of dental health.
4 The Department shall select a division chief of dental health
5 who shall be a dentist licensed under the Illinois Dental
6 Practice Act. The division chief of dental health shall
7 plan, direct, and coordinate all dental public health
8 programs within the State of Illinois and shall integrate
9 dental public health programs with other local, State, and
10 national health programs; shall serve as the Department's
11 chief advisor on matters involving dental health; shall
12 maintain direction for monitoring and supervising the
13 statewide fluoridation program within Illinois; and shall
14 plan, implement, and evaluate all dental programs within the
15 Department.
16 (Source: P.A. 89-44, eff. 1-1-96; 89-626, eff. 8-9-96.)
17 (20 ILCS 2310/2310-365 new)
18 (was 20 ILCS 2310/55.31b) (from Ch. 127, par. 55.31b)
19 Sec. 2310-365. Health and Hazardous Substances Registry.
20 55.31b. To require hospitals, laboratories, or other
21 facilities in the State to report each incidence of cancer
22 diagnosed by those such hospitals, laboratories, or
23 facilities, along with any other information the Department
24 may require in order to develop a Health and Hazardous
25 Substances Registry pursuant to the Illinois Health and
26 Hazardous Substances Registry Act.
27 The Department shall promulgate rules and regulations as
28 are necessary to implement the provisions of this Section
29 pursuant to the Illinois Administrative Procedure Act.
30 (Source: P.A. 84-290.)
31 (20 ILCS 2310/2310-370 new)
32 (was 20 ILCS 2310/55.76)
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1 Sec. 2310-370. 55.76. Heart Disease Treatment and
2 Prevention Fund; grants. From funds appropriated from the
3 Heart Disease Treatment and Prevention Fund, a special fund
4 created in the State treasury, the Illinois Department of
5 Public Health shall make grants to public and private
6 agencies for the purposes of funding (i) research into
7 causes, prevention, and treatment of heart disease and (ii)
8 public education relating to treatment and prevention of
9 heart disease with the State of Illinois.
10 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95.)
11 (20 ILCS 2310/2310-375 new)
12 (was 20 ILCS 2310/55.36) (from Ch. 127, par. 55.36)
13 Sec. 2310-375. Hepatitis report. 55.36. To report to
14 the General Assembly by March 1 of every odd-numbered year
15 regarding research development in preventing the transmission
16 of and isolating hepatitis viruses. The Such report shall
17 include evaluations of better blood testing procedures prior
18 to the transfusion of blood, yearly comparisons of the
19 transmission rate and frequency of hepatitis viruses due to
20 the transfusion of blood, and summaries summarizations of
21 research projects during each 2-year period. The filing of
22 one copy of the report with the Clerk of the House of
23 Representatives and one copy with the Secretary of the Senate
24 shall be deemed sufficient to comply with this Section.
25 (Source: P.A. 80-753.)
26 (20 ILCS 2310/2310-380 new)
27 (was 20 ILCS 2310/55.52) (from Ch. 127, par. 55.52)
28 Sec. 2310-380. Prenatal transmission of HIV infection.
29 55.52. The Department shall develop and implement a public
30 education program to reduce the prenatal transmission of HIV
31 infection. The program shall be targeted toward population
32 groups whose behavior places them at the risk of HIV
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1 infection. The program shall target women specifically, and
2 any materials included in the program shall be in English and
3 in Spanish.
4 (Source: P.A. 89-363, eff. 1-1-96.)
5 (20 ILCS 2310/2310-385 new)
6 (was 20 ILCS 2310/55.31a) (from Ch. 127, par. 55.31a)
7 Sec. 2310-385. Hospice care. 55.31a. To provide
8 education and consultation in relation to hospice care.
9 As used in this Section, "hospice" means a program that
10 provides specialized care for terminally ill persons.
11 (Source: P.A. 81-1392.)
12 (20 ILCS 2310/2310-390 new)
13 (was 20 ILCS 2310/55.65) (from Ch. 127, par. 55.65)
14 Sec. 2310-390. 55.65. Lyme disease. The Department of
15 Public Health shall establish policies, procedures,
16 standards, and criteria for the collection, maintenance, and
17 exchange of medical information necessary for the
18 identification and evaluation of Lyme disease. The
19 Department shall include in its public health promotion
20 programs and materials the medical information about the
21 symptoms, causes, prevention, and treatment of Lyme disease
22 and how treatment may be obtained.
23 (Source: P.A. 87-295; 87-895.)
24 (20 ILCS 2310/2310-392 new)
25 (was 20 ILCS 2310/55.85)
26 Sec. 2310-392. 55.85. Grants from the Mental Health
27 Research Fund. From funds appropriated from the Mental Health
28 Research Fund, the Department of Human Services shall award
29 grants to organizations in Illinois, for the purpose of
30 research of mental illness.
31 (Source: P.A. 90-171, eff. 7-23-97; 90-655, eff. 7-30-98.)
HB0236 Engrossed -330- LRB9100031DJcdA
1 (20 ILCS 2310/2310-395 new)
2 (was 20 ILCS 2310/55.72)
3 Sec. 2310-395. 55.72. Task Force on Organ
4 Transplantation.
5 (a) There is established within the Department of Public
6 Health a Task Force on Organ Transplantation ("the Task
7 Force"). The Task Force shall have the following 21 members:
8 (1) The Director of Public Health, ex officio, or
9 his or her designee.
10 (2) The Secretary of State, ex officio, or his or
11 her designee.
12 (3) Four members, appointed one each by the
13 President of the Senate, the Minority Leader of the
14 Senate, the Speaker of the House of Representatives, and
15 the Minority Leader of the House of Representatives.
16 (4) Fifteen members appointed by the Director of
17 Public Health as follows: 2 physicians (at least one of
18 whom shall have experience in organ transplantation); one
19 representative of medical schools; one representative of
20 hospitals; one representative of insurers or
21 self-insurers; one representative of an organization
22 devoted to organ donation or the coordination of organ
23 donations; one representative of an organization that
24 deals with tissue donation or the coordination of tissue
25 donations; one representative from the Illinois
26 Department of Public Aid; one representative from the
27 Illinois Eye Bank Community; one representative from the
28 Illinois Hospital and Health Systems Association; one
29 representative from the Illinois State Coroners
30 Association; one representative from the Illinois State
31 Medical Society; one representative from Mid-America
32 Transplantation Services; and 2 members of the general
33 public who are knowledgeable in areas of the Task Force's
34 work.
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1 (b) The Task Force shall conduct a comprehensive
2 examination of the medical, legal, ethical, economic, and
3 social issues presented by human organ procurement and
4 transplantation.
5 (c) The Task Force shall report its findings and
6 recommendations to the Governor and the General Assembly on
7 or before January 1, of each year, and the Task Force's final
8 report shall be filed on or before January 1, 1999. The
9 report shall include, but need not be limited to, the
10 following:
11 (1) An assessment of public and private efforts to
12 procure human organs for transplantation and an
13 identification of factors that diminish the number of
14 organs available for transplantation.
15 (2) An assessment of problems in coordinating the
16 procurement of viable human organs and tissue including
17 skin and bones.
18 (3) Recommendations for the education and training
19 of health professionals, including physicians, nurses,
20 and hospital and emergency care personnel, with respect
21 to organ procurement.
22 (4) Recommendations for the education of the
23 general public, the clergy, law enforcement officers,
24 members of local fire departments, and other agencies and
25 individuals that may be instrumental in affecting organ
26 procurement.
27 (5) Recommendations for ensuring assuring equitable
28 access by patients to organ transplantation and for
29 ensuring assuring the equitable allocation of donated
30 organs among transplant centers and among patients
31 medically qualified for an organ transplant.
32 (6) An identification of barriers to the donation
33 of organs to patients (with special emphasis on pediatric
34 patients), including an assessment of each of the
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1 following:
2 (A) Barriers to the improved identification of
3 organ donors and their families and organ
4 recipients.
5 (B) The number of potential organ donors and
6 their geographical distribution.
7 (C) Current health care services provided for
8 patients who need organ transplantation and organ
9 procurement procedures, systems, and programs that
10 affect those patients.
11 (D) Cultural factors affecting the facility
12 with respect to the donation of the organs.
13 (E) Ethical and economic issues relating to
14 organ transplantation needed by chronically ill
15 patients.
16 (7) An analysis of the factors involved in
17 insurance reimbursement for transplant procedures by
18 private insurers and the public sector.
19 (8) An analysis of the manner in which organ
20 transplantation technology is diffused among and adopted
21 by qualified medical centers, including a specification
22 of the number and geographical distribution of qualified
23 medical centers using that technology and an assessment
24 of whether the number of centers using that technology is
25 sufficient or excessive and whether the public has
26 sufficient access to medical procedures using that
27 technology.
28 (9) Recommendations for legislative changes
29 necessary to make organ transplants more readily
30 available to Illinois citizens.
31 (d) The Director of Public Health shall review the
32 progress of the Task Force to determine the need for its
33 continuance, and the Director shall report this determination
34 to the Governor and the General Assembly on or before January
HB0236 Engrossed -333- LRB9100031DJcdA
1 1, 1999.
2 (Source: P.A. 88-129; 88-670, eff. 12-2-94; 89-555, eff.
3 7-26-96.)
4 (20 ILCS 2310/2310-397 new)
5 (was 20 ILCS 2310/55.90)
6 Sec. 2310-397. 55.90. Prostate and testicular cancer
7 awareness program. The Department of Public Health, subject
8 to appropriation or other available funding, shall conduct a
9 program to promote awareness and early detection of prostate
10 and testicular cancer. The program may include, but need not
11 be limited to:
12 (1) Dissemination of information regarding the
13 incidence of prostate and testicular cancer, the risk
14 factors associated with prostate and testicular cancer,
15 and the benefits of early detection and treatment.;
16 (2) Promotion of information and counseling about
17 treatment options.; and
18 (3) Promotion of referral services and screening
19 programs.
20 (Source: P.A. 90-599, eff. 1-1-99.)
21 (20 ILCS 2310/2310-400 new)
22 (was 20 ILCS 2310/55.83)
23 Sec. 2310-400. 55.83. Sarcoidosis. The Department of
24 Public Health shall make available, to the general public,
25 information on the disease known as sarcoidosis. The
26 information shall include symptoms and treatments of the
27 disease and the address for the Sarcoidosis Research Center.
28 (Source: P.A. 89-476, eff. 1-1-97.)
29 (20 ILCS 2310/2310-405 new)
30 (was 20 ILCS 2310/55.55) (from Ch. 127, par. 55.55)
31 Sec. 2310-405. Sexually transmitted diseases; inherited
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1 metabolic diseases. 55.55. The Department of Public Health
2 shall prepare a brochure describing sexually transmitted
3 diseases (including, without limitation, acquired
4 immunodeficiency syndrome, or AIDS) and inherited metabolic
5 diseases (including, without limitation, hemophilia, sickle
6 cell anemia, and Tay-Sachs disease). The descriptions shall
7 include discussion of the ways in which the diseases are
8 transmitted and ways to avoid contacting the diseases. With
9 respect to inherited metabolic diseases, the brochure shall
10 include recommendations that persons who are susceptible to
11 contacting those such diseases obtain genetic counseling. The
12 brochure shall be distributed to each county clerk's office
13 in the State and to any other office where applications for a
14 marriage license are taken, to be distributed free of charge
15 to persons applying for a marriage license or others.
16 (Source: P.A. 86-884; 86-1028.)
17 (20 ILCS 2310/2310-410 new)
18 (was 20 ILCS 2310/55.42) (from Ch. 127, par. 55.42)
19 Sec. 2310-410. Sickle cell disease. 55.42. To conduct a
20 public information campaign for physicians, hospitals, health
21 facilities, public health departments, and the general public
22 on sickle cell disease, methods of care, and treatment
23 modalities available; to identify and catalogue sickle cell
24 resources in this State for distribution and referral
25 purposes; and, to coordinate services with the established
26 programs, including State, federal, and voluntary groups.
27 (Source: P.A. 84-412.)
28 (20 ILCS 2310/2310-415 new)
29 (was 20 ILCS 2310/55.81)
30 Sec. 2310-415. 55.81. Violent injury reporting.
31 (a) The Illinois Department of Public Health shall
32 require hospitals and other facilities in the State to
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1 report, in a manner determined by rule, each injury allegedly
2 caused by a violent act. The Illinois Department of Public
3 Health shall coordinate this reporting with existing
4 reporting requirements such as trauma and head and neck
5 injury reporting to reduce duplication of reporting. All
6 information and data reported shall be confidential and
7 privileged in accordance with Part 21 of Article VIII of the
8 Code of Civil Procedure, except as provided in subsection
9 (b).
10 (b) The Illinois Department of Public Health shall
11 compile the reports required under subsection (a) and shall
12 determine the impact of violent acts on children. The
13 Department shall, using only data from which the identity of
14 an individual cannot be ascertained, reconstructed, or
15 verified and to which the identity of an individual cannot be
16 linked by a recipient of the data, report its findings to the
17 General Assembly by December 31, 1997, and every 2 years
18 thereafter.
19 (Source: P.A. 89-242, eff. 8-4-95; 89-626, eff. 8-9-96;
20 90-162, eff. 7-23-97.)
21 (20 ILCS 2310/2310-420 new)
22 (was 20 ILCS 2310/55.74)
23 Sec. 2310-420. 55.74. Violence and homicide; injury
24 prevention.
25 (a) Utilizing existing resources, the Department of
26 Public Health may examine the impact of violence and homicide
27 on the public health and safety of Illinois residents,
28 especially children. Based on their findings, the Department
29 shall, if warranted, declare violence and homicide a public
30 health epidemic and recommend anti-violence and homicide
31 prevention programs to the Illinois General Assembly.
32 (b) The Section on Injury Prevention is created within
33 the Department of Public Health. The Section on Injury
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1 Prevention is charged with coordination and expansion of
2 prevention and control activities related to intentional and
3 unintentional injuries. The duties of the Section on Injury
4 Prevention may include, but may not be limited to, the
5 following:
6 (1) To serve as a data coordinator and analysis
7 source of mortality and injury statistics for other State
8 agencies.
9 (2) To integrate an injury and violence prevention
10 focus within the Department of Public Health.
11 (3) To develop collaborative relationships with
12 other State agencies and private and community
13 organizations to establish programs promoting injury
14 prevention, awareness, and education to reduce
15 automobile, motorcycle, and bicycle injuries and
16 interpersonal violence, including homicide, child abuse,
17 youth violence, domestic violence, sexual assault, and
18 elderly abuse.
19 (4) To support the development of comprehensive
20 community-based injury and violence prevention
21 initiatives within municipalities of this State.
22 (5) To identify possible sources of funding to
23 establish and continue programs to promote prevention of
24 intentional and unintentional injuries.
25 (Source: P.A. 88-312; 88-622, eff. 1-1-95; 88-670, eff.
26 12-2-94.)
27 (20 ILCS 2310/2310-425 new)
28 (was 20 ILCS 2310/55.66) (from Ch. 127, par. 55.66)
29 Sec. 2310-425. 55.66. Health care summary for women.
30 (a) From funds made available from the General Assembly
31 for this purpose, the Department of Public Health shall
32 publish in plain language, in both an English and a Spanish
33 version, a pamphlet providing information regarding health
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1 care for women which shall include the following:
2 (1) A summary of the various medical conditions,
3 including cancer, sexually transmitted diseases,
4 endometriosis, or other similar diseases or conditions
5 widely affecting women's reproductive health, that may
6 require a hysterectomy or other treatment.
7 (2) A summary of the recommended schedule and
8 indications for physical examinations, including, "pap
9 smears" or other tests designed to detect medical
10 conditions of the uterus and other reproductive organs.
11 (3) A summary of the widely accepted medical
12 treatments, including viable alternatives, that may be
13 prescribed for the medical conditions specified in
14 paragraph (1).
15 (b) In developing the summary the Department shall
16 consult with the Illinois State Medical Society and consumer
17 groups. The summary shall be updated by the Department every
18 2 years.
19 (c) The Department shall distribute the summary to
20 hospitals, public health centers, and physicians who are
21 likely to treat medical conditions described in paragraph (1)
22 of subsection (a). Those hospitals, public health centers,
23 and physicians shall make the summaries available to the
24 public. The Department shall also distribute the summaries to
25 any person, organization, or other interested parties upon
26 request. The summary may be duplicated by any person provided
27 the such copies are identical to the current summary prepared
28 by the Department.
29 (d) The summary shall display on the inside of its
30 cover, printed in capital letters and bold face type, the
31 following paragraph:
32 "The information contained in this brochure is only for
33 the purpose of assisting you, the patient, in understanding
34 the medical information and advice offered by your physician.
HB0236 Engrossed -338- LRB9100031DJcdA
1 This brochure cannot serve as a substitute for the sound
2 professional advice of your physician. The availability of
3 this brochure or the information contained within is not
4 intended to alter, in any way, the existing physician-patient
5 relationship, nor the existing professional obligations of
6 your physician in the delivery of medical services to you,
7 the patient."
8 (Source: P.A. 87-335; 87-895.)
9 (20 ILCS 2310/2310-430 new)
10 (was 20 ILCS 2310/55.69) (from Ch. 127, par. 55.69)
11 Sec. 2310-430. 55.69. Women's health issues.
12 (a) The Department of Public Health shall designate a
13 member of its staff to handle women's health issues not
14 currently or adequately addressed by the Department.
15 (b) The staff person's duties shall include, without
16 limitation:
17 (1) Assisting in the assessment of the health needs
18 of women in the State.
19 (2) Recommending treatment methods and programs
20 that are sensitive and relevant to the unique
21 characteristics of women.
22 (3) Promoting awareness of women's health concerns
23 and encouraging, promoting, and aiding in the
24 establishment of women's services.
25 (4) Providing adequate and effective opportunities
26 for women to express their views on Departmental policy
27 development and program implementation.
28 (Source: P.A. 87-983.)
29 (20 ILCS 2310/2310-435 new)
30 (was 20 ILCS 2310/55.44) (from Ch. 127, par. 55.44)
31 Sec. 2310-435. Smoking cessation program for WIC
32 participants. 55.44.
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1 (a) (Blank).
2 (b) (Blank).
3 (c) The Department of Public Health, in cooperation with
4 the Department of Human Services, shall maintain a smoking
5 cessation program for participants in the Women, Infants and
6 Children Nutrition Program. The program shall include, but
7 not be limited to, tobacco use screening, education on the
8 effects of tobacco use, and smoking cessation counseling and
9 referrals.
10 (Source: P.A. 89-507, eff. 7-1-97.)
11 (20 ILCS 2310/2310-440 new)
12 (was 20 ILCS 2310/55.54) (from Ch. 127, par. 55.54)
13 Sec. 2310-440. Pregnant women; medical consequences of
14 alcohol, drug, and tobacco use and abuse. 55.54. The
15 Department of Public Health shall, from funds appropriated
16 for that such purpose, conduct an ongoing, statewide
17 education program to inform pregnant women of the medical
18 consequences of alcohol, drug, and tobacco use and abuse.
19 (Source: P.A. 86-878; 86-1028.)
20 (20 ILCS 2310/2310-442 new)
21 (was 20 ILCS 2310/55.84)
22 Sec. 2310-442. 55.84. Breast feeding; public information
23 campaign. The Department of Public Health may conduct an
24 information campaign for the general public to promote breast
25 feeding of infants by their mothers. The Department may
26 include the information in a brochure prepared under Section
27 2310-305 55.64 or in a brochure that shares other information
28 with the general public and is distributed free of charge.
29 If the Department includes the information required under
30 this Section in a brochure authorized or required under
31 another provision of law, the Department may continue to use
32 existing stocks of that brochure before adding the
HB0236 Engrossed -340- LRB9100031DJcdA
1 information required under this Section but shall add that
2 information in the next printing of the brochure. The
3 information required under this Section may be distributed to
4 the parents or legal custodians of each newborn upon
5 discharge of the infant from a hospital or other health care
6 facility.
7 (Source: P.A. 90-244, eff. 1-1-98; 90-655, eff. 7-30-98.)
8 (20 ILCS 2310/2310-445 new)
9 (was 20 ILCS 2310/55.71)
10 Sec. 2310-445. 55.71. Interagency council on health care
11 for pregnant women and infants.
12 (a) On or before January 1, 1994, the Director, of
13 Public Health in cooperation with the Director of Public Aid,
14 the Director of Children and Family Services, the Director of
15 Alcoholism and Substance Abuse, and the Director of Insurance
16 , shall develop and submit to the Governor a proposal for
17 consolidating all existing health programs required by law
18 for pregnant women and infants into one comprehensive plan to
19 be implemented by one or several agencies. The proposal
20 shall:
21 (1) include a time schedule for implementing the
22 plan;
23 (2) provide a cost estimate of the plan;
24 (3) identify federal waivers necessary to implement
25 the plan;
26 (4) examine innovative programs; and
27 (5) identify sources of funding for the plan.
28 (b) The plan developed under subsection (a) shall
29 provide the following services statewide:
30 (1) Comprehensive prenatal services for all
31 pregnant women who qualify for existing programs through
32 the Department of Public Aid or the Department of Public
33 Health or any other government-funded programs.;
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1 (2) Comprehensive medical care for all infants
2 under 1 year of age.;
3 (3) A case management system under which each
4 family with a child under the plan is assigned a case
5 manager and under which every reasonable effort is made
6 to assure continuity of case management and access to
7 other appropriate social services.; and
8 (4) Services regardless of and fees for services
9 based on clients' ability to pay.
10 (Source: P.A. 88-312.)
11 (20 ILCS 2310/2310-500 new)
12 (was 20 ILCS 2310/55.07) (from Ch. 127, par. 55.07)
13 Sec. 2310-500. Sanitary investigations. 55.07. To make
14 such sanitary investigations that as it may, from time to
15 time, deem necessary for the preservation and improvement of
16 health.
17 (Source: Laws 1951, p. 1512.)
18 (20 ILCS 2310/2310-505 new)
19 (was 20 ILCS 2310/55.08) (from Ch. 127, par. 55.08)
20 Sec. 2310-505. Nuisances; questions affecting security
21 of life and health. 55.08. To make examinations into
22 nuisances and questions affecting the security of life and
23 health in any locality in the State.
24 (Source: Laws 1951, p. 1512.)
25 (20 ILCS 2310/2310-510 new)
26 (was 20 ILCS 2310/55.15) (from Ch. 127, par. 55.15)
27 Sec. 2310-510. Investigations for preservation and
28 improvement of health. 55.15. To make investigations and
29 inquiries with respect to the causes of disease and death;,
30 and to investigate the effect of environment, including
31 conditions of employment and other conditions that which may
HB0236 Engrossed -342- LRB9100031DJcdA
1 affect health;, and to make such other investigations that as
2 55.04. To inspect recreational, tourist, migrant
9 labor, and automobile trailer camps and to prepare and
10 enforce rules and regulations governing their construction
11 and operations to the end that they will be constructed and
12 maintained in a sanitary manner.
13 (Source: Laws 1961, p. 3894.)
14 (20 ILCS 2310/2310-535 new)
15 (was 20 ILCS 2310/55.21) (from Ch. 127, par. 55.21)
16 Sec. 2310-535. Public hospitals, sanitaria, and other
17 institutions. 55.21. To inspect, from time to time, all
18 hospitals, sanitaria, and other institutions conducted by
19 county, city, village, or township authorities and to report
20 as to the sanitary conditions and needs of those such
21 hospitals, sanitaria, and institutions to the official
22 authority having jurisdiction over them.
23 (Source: Laws 1951, p. 1512.)
24 (20 ILCS 2310/2310-540 new)
25 (was 20 ILCS 2310/55.31) (from Ch. 127, par. 55.31)
26 Sec. 2310-540. General hospitals; minimum standards for
27 operation; uterine cytologic examinations for cancer. 55.31.
28 To establish and enforce minimum standards for the operation
29 of all general hospitals. The, which standards shall include
30 the requirement that every hospital licensed by the State of
31 Illinois shall offer a uterine cytologic examination for
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1 cancer to every female in-patient 20 years of age or over
2 unless considered contra-indicated by the attending physician
3 or unless it has been performed within the previous year.
4 Every woman for whom the test is applicable shall will have
5 the right to refuse the such test on the counsel of the
6 attending physician or on her own judgment. The hospital
7 shall will in all cases maintain records to show either the
8 results of the test or that the test was not applicable or
9 that it was refused.
10 (Source: P.A. 78-292.)
11 (20 ILCS 2310/2310-545 new)
12 (was 20 ILCS 2310/55.20) (from Ch. 127, par. 55.20)
13 Sec. 2310-545. Charitable, penal, and reformatory
14 institutions; normal schools. 55.20. To make sanitary, health
15 , and other inspections and examinations for the charitable,
16 penal, and reformatory institutions and the normal schools.
17 (Source: Laws 1951, p. 1512.)
18 (20 ILCS 2310/2310-550 new)
19 (was 20 ILCS 2310/55.40) (from Ch. 127, par. 55.40)
20 Sec. 2310-550. Long-term care facilities. 55.40. The
21 Department may perform in all long-term care facilities, as
22 defined in the Nursing Home Care Act, all such inspection,
23 evaluation, certification, and inspection of care duties that
24 as the federal government may require the State of Illinois
25 to perform or have performed as a condition of participation
26 in any programs under Title XVIII or Title XIX of the federal
27 Social Security Act.
28 (Source: P.A. 86-820.)
29 (20 ILCS 2310/2310-555 new)
30 (was 20 ILCS 2310/55.06) (from Ch. 127, par. 55.06)
31 Sec. 2310-555. Public swimming pools; bathing places.
HB0236 Engrossed -344- LRB9100031DJcdA
1 55.06. To examine artificially constructed public swimming
2 pools and prepare and enforce rules and regulations governing
3 their construction, operation, and use to the end that they
4 will be constructed and maintained in a sanitary manner; to
5 inspect natural and semi-natural bathing places to determine
6 conformance with Department's recommendation for operation
7 and maintenance of those such areas, and to have the
8 authority to require closing of any area when that such
9 action is considered necessary to prevent possible spread of
10 infection or disease.
11 (Source: Laws 1957, p. 2448.)
12 (20 ILCS 2310/2310-560 new)
13 (was 20 ILCS 2310/55.87)
14 Sec. 2310-560. 55.87. Advisory committee concerning
15 construction of facilities. The Director of Public Health
16 shall appoint an advisory committee. The which committee
17 shall be established by the Department by rule. The Director
18 and the Department shall consult with the advisory committee
19 concerning the application of building codes and Department
20 rules related to those building codes to facilities under the
21 Ambulatory Surgical Treatment Center Act, the Nursing Home
22 Care Act, and the Hospital Licensing Act.
23 (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.)
24 (20 ILCS 2310/2310-565 new)
25 (was 20 ILCS 2310/55.88)
26 Sec. 2310-565. 55.88. Facility construction training
27 program. The Department shall conduct, at least annually, a
28 joint in-service training program for architects, engineers,
29 interior designers, and other persons involved in the
30 construction of a facility under the Ambulatory Surgical
31 Treatment Center Act, the Nursing Home Care Act, or the
32 Hospital Licensing Act on problems and issues relating to the
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1 construction of facilities under any of those Acts.
2 (Source: P.A. 90-327, eff. 8-8-97; 90-655, eff. 7-30-98.)
3 (20 ILCS 2310/2310-575 new)
4 (was 20 ILCS 2310/55.10) (from Ch. 127, par. 55.10)
5 Sec. 2310-575. Laboratories and blood banks; minimum
6 standards and examinations. 55.10. To establish and enforce
7 minimum standards for the operation of laboratories,
8 including clinical laboratories and blood banks, making
9 examinations in connection with the diagnosis of disease or
10 tests for the evaluation of health hazards.
11 (Source: Laws 1965, p. 3238.)
12 (20 ILCS 2310/2310-580 new)
13 (was 20 ILCS 2310/55.11) (from Ch. 127, par. 55.11)
14 Sec. 2310-580. Certificate of competency to make
15 laboratory tests. 55.11. To issue certificates of competency
16 to persons and laboratories making laboratory tests in
17 connection with the diagnosis of disease or for the
18 evaluation of health hazards and to prepare and enforce rules
19 and regulations relative to the issuance and use of such
20 certificates.
21 (Source: Laws 1965, p. 3238.)
22 (20 ILCS 2505/Art. 2505 heading new)
23 ARTICLE 2505. DEPARTMENT OF REVENUE
24 (20 ILCS 2505/2505-1 new)
25 Sec. 2505-1. Article short title. This Article 2505 of
26 the Civil Administrative Code of Illinois may be cited as the
27 Department of Revenue Law.
28 (20 ILCS 2505/2505-5 new)
29 Sec. 2505-5. Definitions. In this Law:
HB0236 Engrossed -346- LRB9100031DJcdA
1 "Department" means the Department of Revenue.
2 "Director" means the Director of Revenue.
3 (20 ILCS 2505/2505-10 new)
4 (was 20 ILCS 2505/39b) (from Ch. 127, par. 39b)
5 Sec. 2505-10. Powers, generally. 39b. The Department of
6 Revenue has the powers enumerated in the following Sections
7 39b1 to 39b50 each inclusive.
8 (Source: P.A. 86-610.)
9 (20 ILCS 2505/2505-15 new)
10 (was 20 ILCS 2505/39b1) (from Ch. 127, par. 39b1)
11 Sec. 2505-15. Municipal retailers' occupation and service
12 occupation taxes. The Department has the power 39b1. to
13 administer and enforce all ordinances and resolutions of
14 municipalities imposing a retailers' occupation tax or a
15 service occupation tax as authorized by Sections 8-11-1 and
16 8-11-5, respectively, of the "Illinois Municipal Code",
17 approved May 29, 1961, as amended.
18 (Source: Laws 1965, p. 175.)
19 (20 ILCS 2505/2505-20 new)
20 (was 20 ILCS 2505/39b2) (from Ch. 127, par. 39b2)
21 Sec. 2505-20. Motor Fuel Tax Law; Environmental Impact
22 Fee Law; fuel tax agreements and programs. 39b2.
23 (a) The Department has the power to administer and
24 enforce the rights, powers and duties contained in the Motor
25 Fuel Tax Law that, approved March 25, 1929, as amended, which
26 of Revenue is authorized to receive
2 federal funds provided for the purpose of facilitating
3 participation in the International Fuel Tax Agreement,
4 International Registration Plan, and other State fuel tax
5 agreements and programs relating to uniform motor fuel
6 taxation and compliance. Those funds shall be deposited in
7 the Motor Fuel Tax Fund and will be available to the
8 Department pursuant to appropriation for its administrative
9 expenses including technical assistance, personnel training,
10 travel costs, and technology and equipment associated with
11 that such participation. Those Such funds deposited in the
12 Motor Fuel Tax Fund shall not be distributed or allocated as
13 provided in the Motor Fuel Tax Law, but shall be reserved for
14 use by the Department.
15 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
16 (20 ILCS 2505/2505-25 new)
17 (was 20 ILCS 2505/39b3) (from Ch. 127, par. 39b3)
18 Sec. 2505-25. Retailers' Occupation Tax Act. The
19 Department has the power 39b3. to administer and enforce all
20 the rights, powers, and duties contained in the Retailers'
21 Occupation Tax Act, approved June 28, 1933, as amended, to
22 collect all revenues thereunder and to succeed to all the
23 rights, powers, and duties previously exercised by the
24 Department of Finance in connection therewith.
25 (Source: Laws 1953, p. 1439.)
26 (20 ILCS 2505/2505-30 new)
27 (was 20 ILCS 2505/39b4) (from Ch. 127, par. 39b4)
28 Sec. 2505-30. Cigarette Tax Act. The Department has the
29 power 39b4. to administer and enforce all the rights, powers,
30 and duties contained in the Cigarette Tax Act, approved June
31 2, 1941, as amended, to collect all revenues thereunder and
32 to succeed to all the rights, powers, and duties previously
HB0236 Engrossed -348- LRB9100031DJcdA
1 exercised by the Department of Finance in connection
2 therewith.
3 (Source: Laws 1953, p. 1439.)
4 (20 ILCS 2505/2505-35 new)
5 (was 20 ILCS 2505/39b5) (from Ch. 127, par. 39b5)
6 Sec. 2505-35. Public Utilities Revenue Act. The
7 Department has the power 39b5. to administer and enforce all
8 the rights, powers, and duties contained in the Public
9 Utilities Revenue Act, approved March 11, 1937, as amended,
10 to collect all revenues thereunder and to succeed to all the
11 rights, powers, and duties previously exercised by the
12 Department of Finance in connection therewith.
13 (Source: Laws 1953, p. 1439.)
14 (20 ILCS 2505/2505-40 new)
15 (was 20 ILCS 2505/39b6) (from Ch. 127, par. 39b6)
16 Sec. 2505-40. Liquor Control Act of 1934. The Department
17 has the power 39b6. to administer and enforce all the rights,
18 powers, and duties contained in Articles VII-A and VIII of
19 the Liquor Control Act of 1934 "An Act relating to alcoholic
20 liquor", approved January 31, 1934, as amended, to collect
21 all revenues thereunder and to succeed to all the rights,
22 powers, and duties previously exercised by the Department of
23 Finance in connection therewith.
24 (Source: Laws 1953, p. 1439.)
25 (20 ILCS 2505/2505-45 new)
26 (was 20 ILCS 2505/39b7) (from Ch. 127, par. 39b7)
27 Sec. 2505-45. Oil Inspection Act. The Department has the
28 power 39b7. to exercise the rights, powers, and duties
29 previously vested in the Department of Finance and its
30 predecessors by the Oil Inspection Act, approved June 26,
31 1929, as amended.
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1 (Source: Laws 1953, p. 1439.)
2 (20 ILCS 2505/2505-60 new)
3 (was 20 ILCS 2505/39b10) (from Ch. 127, par. 39b10)
4 Sec. 2505-60. Statistical records of taxes collected. The
5 Department has the power 39b10. to maintain and preserve
6 adequate statistical records of taxes collected under each of
7 the foregoing laws set forth in the Sections following
8 Section 2505-10 and preceding this Section and to make those
9 such records available to the public.
10 (Source: Laws 1953, p. 1439.)
11 (20 ILCS 2505/2505-65 new)
12 (was 20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
13 Sec. 2505-65. 39b12. Exchange of information.
14 (a) The Department has the power to exchange with any
15 state, with any or local subdivisions of any state thereof,
16 or with the federal government, except when specifically
17 prohibited by law, any information that which may be
18 necessary to efficient tax administration and that which may
19 be acquired as a result of the administration of the above
20 laws set forth in the Sections following Section 95-10 and
21 preceding Section 2505-60.
22 (b) The Department has the power to exchange with the
23 Illinois Department of Public Aid information that may be
24 necessary for the enforcement of child support orders entered
25 pursuant to the Illinois Public Aid Code, the Illinois
26 Marriage and Dissolution of Marriage Act, the Non-Support of
27 Spouse and Children Act, the Revised Uniform Reciprocal
28 Enforcement of Support Act, the Uniform Interstate Family
29 Support Act, or the Illinois Parentage Act of 1984.
30 Notwithstanding any provisions in this Code to the contrary,
31 the Department of Revenue shall not be liable to any person
32 for any disclosure of information to the Illinois Department
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1 of Public Aid under this subsection (b) or for any other
2 action taken in good faith to comply with the requirements of
3 this subsection (b).
4 (Source: P.A. 90-18, eff. 7-1-97.)
5 (20 ILCS 2505/2505-70 new)
6 (was 20 ILCS 2505/39b24) (from Ch. 127, par. 39b24)
7 Sec. 2505-70. Messages Tax Act; Gas Revenue Tax Act. The
8 Department has the power 39b24. to exercise all the rights,
9 powers, and duties vested in the said Department by the
10 Messages Tax Act, approved July 24, 1945, and the Gas Revenue
11 Tax Act, approved July 24, 1945.
12 (Source: Laws 1953, p. 1439.)
13 (20 ILCS 2505/2505-80 new)
14 (was 20 ILCS 2505/39b26) (from Ch. 127, par. 39b26)
15 Sec. 2505-80. Cigarette Use Tax Act. The Department has
16 the power 39b26. to exercise all the rights, powers, and
17 duties vested in the said Department by the "Cigarette Use
18 Tax Act", approved July 11, 1951, as amended.
19 (Source: Laws 1965, p. 175.)
20 (20 ILCS 2505/2505-85 new)
21 (was 20 ILCS 2505/39b27) (from Ch. 127, par. 39b27)
22 Sec. 2505-85. Hotel Operators' Occupation Tax Act. The
23 Department has the power 39b27. to exercise all the rights,
24 powers, and duties vested in the said Department by "the
25 Hotel Operators' Occupation Tax Act", approved July 6, 1961,
26 as amended.
27 (Source: Laws 1965, p. 175.)
28 (20 ILCS 2505/2505-90 new)
29 (was 20 ILCS 2505/39b28) (from Ch. 127, par. 39b28)
30 Sec. 2505-90. Use Tax Act. The Department has the power
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1 39b28. to exercise all the rights, powers, and duties vested
2 in the said Department by the "Use Tax Act", approved July
3 14, 1955, as amended.
4 (Source: Laws 1965, p. 175.)
5 (20 ILCS 2505/2505-95 new)
6 (was 20 ILCS 2505/39b29) (from Ch. 127, par. 39b29)
7 Sec. 2505-95. County retailers' occupation and service
8 occupation taxes. The Department has the power 39b29. to
9 administer and enforce all ordinances and resolutions of
10 counties imposing a retailers' occupation tax or a service
11 occupation tax authorized by Sections 25.05-2 and 25.05-3,
12 respectively, of "An Act to revise the law in relation to
13 counties", approved March 31, 1874 (repealed), as amended.
14 (Source: Laws 1965, p. 175.)
15 (20 ILCS 2505/2505-100 new)
16 (was 20 ILCS 2505/39b30) (from Ch. 127, par. 39b30)
17 Sec. 2505-100. Service Occupation Tax Act; Service Use
18 Tax Act. The Department has the power 39b30. to exercise all
19 the rights, powers, and duties vested in the said Department
20 by the "Service Occupation Tax Act", approved July 10, 1961,
21 as amended, and the "Service Use Tax Act", approved July 10,
22 1961, as amended.
23 (Source: Laws 1965, p. 175.)
24 (20 ILCS 2505/2505-105 new)
25 (was 20 ILCS 2505/39b31) (from Ch. 127, par. 39b31)
26 Sec. 2505-105. Coin-Operated Amusement Device and
27 Redemption Machine Tax Act. The Department has the power
28 39b31. to exercise all the rights, powers, and duties vested
29 in the Department by the Coin-Operated Amusement Device and
30 Redemption Machine Tax Act.
31 (Source: P.A. 87-895.)
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1 (20 ILCS 2505/2505-175 new)
2 (was 20 ILCS 2505/39c-2) (from Ch. 127, par. 39c-2)
3 Sec. 2505-175. Business in interstate commerce;
4 restricted application of tax statutes. 39c-2. It is the
5 intent of the General Assembly that provisions in any
6 Illinois tax statute that restrict application of the statute
7 by stating substantially as follows:
8 "such taxes are not imposed with respect to any business
9 in interstate commerce, or otherwise to the extent to
10 which such business may not, under the Constitution and
11 statutes of the United States, be made the subject of
12 taxation by this State"
13 shall be construed to preclude taxation of only businesses
14 not subject to taxation under the latest interpretation of
15 the United States Constitution and statutes of the United
16 States.
17 (Source: P.A. 87-205.)
18 (20 ILCS 2505/2505-190 new)
19 (was 20 ILCS 2505/39c-4) (from Ch. 127, par. 39c-4)
20 Sec. 2505-190. Tax Compliance and Administration Fund.
21 39c-4. Amounts deposited into the Tax Compliance and
22 Administration Fund, a special fund in the State treasury
23 that is hereby created, must be appropriated to the
24 Department of Revenue to reimburse the Department for its
25 costs of collecting, administering, and enforcing the tax
26 laws that provide for deposits into the Fund.
27 (Source: P.A. 87-879; 88-45.)
28 (20 ILCS 2505/2505-200 new)
29 (was 20 ILCS 2505/39c-1a)
30 Sec. 2505-200. 39c-1a. Electronic filing rules. The
31 Department of Revenue may adopt rules to authorize the
32 electronic filing of any return or document required to be
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1 filed under any Act administered by the Department. In the
2 case of an electronically filed return or other document
3 required to be filed with the Department or maintained by any
4 taxpayer, these rules may set forth standards that provide
5 for acceptance of a signature in a form other than in the
6 proper handwriting of the person.
7 (Source: P.A. 88-480; 88-672, eff. 12-14-94.)
8 (20 ILCS 2505/2505-205 new)
9 (was 20 ILCS 2505/39c-1b)
10 Sec. 2505-205. 39c-1b. Return by facsimile. Consistent
11 with rules adopted by the Department of Revenue, a person may
12 transmit, by facsimile, any return or document required to be
13 filed with the Department under any Act administered by the
14 Department. A signature on a return or other document filed
15 in accordance with regulations promulgated by the Department
16 and transmitted by facsimile is prima facie evidence for all
17 purposes that the document was actually signed by the person
18 whose signature appears on the facsimile.
19 (Source: P.A. 88-480.)
20 (20 ILCS 2505/2505-210 new)
21 (was 20 ILCS 2505/39c-1) (from Ch. 127, par. 39c-1)
22 Sec. 2505-210. Electronic funds transfer. 39c-1. The
23 Department of Revenue may provide means by which persons
24 having a tax liability under any Act administered by the
25 Department may use electronic funds transfer to pay the such
26 tax liability.
27 (Source: P.A. 87-205.)
28 (20 ILCS 2505/2505-215 new)
29 (was 20 ILCS 2505/39c-3) (from Ch. 127, par. 39c-3)
30 Sec. 2505-215. Installment agreements; guaranteed
31 remittance or automated clearing house debit payments.
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1 39c-3. Any taxpayer who has entered into an installment
2 agreement for payment of a tax liability and who, during any
3 12-month period, has issued or delivered 3 or more checks or
4 other orders for payment that have been dishonored may be
5 required by the Department of Revenue to make future payments
6 by guaranteed remittance or to authorize automated clearing
7 house debit payments.
8 (Source: P.A. 87-879.)
9 (20 ILCS 2505/2505-250 new)
10 (was 20 ILCS 2505/39c) (from Ch. 127, par. 39c)
11 Sec. 2505-250. Compromising debts due to the State. 39c.
12 Under no circumstances shall any officer or employee of the
13 Department of Revenue compromise any debt due to this State,
14 except in case of actions of the Director after review by the
15 board of appeals provided for by Section 95-505 39b20.
16 However, claims or accounts receivable of less than $1,000
17 may be written off the Department's records and cancelled by
18 the Department without complying with the provisions of
19 Section 2 of the Uncollected State Claims Act "An Act in
20 relation to uncollected claims and accounts receivable of
21 State agencies", approved May 15, 1961, when the Department
22 determines that the cost of collecting the such claim or
23 account would exceed the amount to be collected. The
24 Department shall submit to the Comptroller a list of all such
25 claims or accounts written off the Department's records.
26 (Source: P.A. 84-1344.)
27 (20 ILCS 2505/2505-275 new)
28 (was 20 ILCS 2505/39e) (from Ch. 127, par. 39e)
29 Sec. 2505-275. Tax overpayments. 39e. In the case of
30 overpayment of any tax liability arising from an Act
31 administered by the Department, the Department may credit the
32 amount of the overpayment and any interest thereon against
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1 any final tax liability arising under that or any other Act
2 administered by the Department.
3 (Source: P.A. 83-1416.)
4 (20 ILCS 2505/2505-300 new)
5 (was 20 ILCS 2505/39b15) (from Ch. 127, par. 39b15)
6 Sec. 2505-300. Failure or neglect to comply with tax
7 laws. The Department has the power 39b15. to request the
8 institution of proceedings, actions, and prosecutions to
9 enforce the laws relating to the penalties, liabilities, and
10 punishment of public officers, persons or officers or agents
11 or corporations for failure or neglect to comply with the
12 provisions of any law administered by the Department.
13 (Source: Laws 1953, p. 1439.)
14 (20 ILCS 2505/2505-305 new)
15 (was 20 ILCS 2505/39b15.1) (from Ch. 127, par. 39b15.1)
16 Sec. 2505-305. Investigators. The Department has the
17 power 39b15.1. to appoint investigators to conduct all
18 investigations, searches, seizures, arrests, and other duties
19 imposed under the provisions of any law administered by the
20 Department. The Such investigators have and may exercise all
21 the powers of peace officers solely for the purpose of
22 enforcing taxing measures administered by the Department.
23 (Source: P.A. 82-1009.)
24 (20 ILCS 2505/2505-310 new)
25 (was 20 ILCS 2505/39b15.2) (from Ch. 127, par. 39b15.2)
26 Sec. 2505-310. Obtaining evidence. The Department has the
27 power 39b15.2. to expend such sums that as the Director deems
28 necessary from contractual services appropriations for the
29 purchase of evidence and for the employment of persons to
30 obtain evidence. The Such sums shall be advanced to
31 investigators authorized by the Director to expend funds, on
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1 vouchers signed by the Director.
2 In addition, the Director is authorized to maintain one
3 or more commercial checking accounts with any State banking
4 corporation or corporations organized under or subject to the
5 Illinois Banking Act for the deposit and withdrawal of moneys
6 to be used solely for the purchase of evidence and for the
7 employment of persons to obtain evidence. No check may be
8 written on nor any withdrawal made from such an account
9 except on the written signature of 2 persons designated by
10 the Director to write those such checks and make those such
11 withdrawals. The balance of moneys on deposit in any such
12 account shall not exceed $5,000 at any time, nor shall any
13 one check written on or single withdrawal made from any such
14 account exceed $5,000.
15 (Source: P.A. 83-1416.)
16 (20 ILCS 2505/2505-315 new)
17 (was 20 ILCS 2505/39b16) (from Ch. 127, par. 39b16)
18 Sec. 2505-315. Taking testimony; requiring production of
19 documents. The Department has the power 39b16. to take
20 testimony and proof under oath and to require the production
21 of books, papers, and documents pertinent to any tax
22 assessment, levy, excise, investigation, inquiry, or hearing,
23 subpoena duces
25 tecum.
26 (Source: Laws 1953, p. 1439.)
27 (20 ILCS 2505/2505-320 new)
28 (was 20 ILCS 2505/39b17) (from Ch. 127, par. 39b17)
29 Sec. 2505-320. Administrative oaths. The Department has
30 the power 39b17. to administer all oaths authorized or
31 required under the provisions of any of the laws under its
32 jurisdiction or to delegate that such power in writing, to
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1 any officer or employee of the Department.
2 (Source: Laws 1953, p. 1439.)
3 (20 ILCS 2505/2505-340 new)
4 (was 20 ILCS 2505/39b35.1) (from Ch. 127, par. 39b35.1)
5 Sec. 2505-340. Notice of taxpayer's liability. 39b35.1.
6 If any notice is sent by the Department to a taxpayer
7 indicating that the taxpayer has underpaid any taxes or for
8 any other reason is liable for taxes, interest, or penalties,
9 the such notice shall include the telephone number of an
10 employee of the Department who shall be qualified to explain
11 what recourse the taxpayer may have in appealing the
12 Department's determination of liability.
13 (Source: P.A. 85-475.)
14 (20 ILCS 2505/2505-360 new)
15 (was 20 ILCS 2505/39b48) (from Ch. 127, par. 39b48)
16 Sec. 2505-360. Certificate by manager of taxpayer
17 records. 39b48. In any civil or criminal action under any
18 tax or fee statute of this State administered by the Illinois
19 of Revenue, a certificate made under the seal of
20 the Illinois Department of Revenue by the manager of taxpayer
21 records or the manager's his duly authorized deputy stating
22 that he or she had diligently searched available records of
23 the Department and
24 (1) not found a form or return required by law to
25 be filed with the Department or not found a record shall
26 be admissible to prove the absence of that such form,
27 return, or record, or
28 (2) not found a return or any other form required
29 by law or regulation to be filed with the Department
30 shall be admissible to prove the failure to file that
31 such return or form by any person required to do so.
32 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
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1 (20 ILCS 2505/2505-380 new)
2 (was 20 ILCS 2505/39b47) (from Ch. 127, par. 39b47)
3 Sec. 2505-380. Revocation of or refusal to issue a
4 certificate of registration, permit, or license. The
5 Department has the power 39b47. to refuse to issue or, after
6 notice and an opportunity for a hearing, to revoke a
7 certificate of registration, permit, or license issued or
8 authorized to be issued by the Department, if the applicant
9 for or holder of the such certificate of registration, permit
10 , or license fails to file a return, or to pay the tax, fee,
11 penalty, or interest shown in a filed return, or to pay any
12 final assessment of tax, fee, penalty, or interest, as
13 required by the tax or fee Act under which the such
14 certificate of registration, permit, or license is required
15 or any other tax or fee Act administered by the Department.
16 The procedure for notice and hearing prior to revocation
17 shall be as provided under the Act pursuant to which the
18 certificate of registration, permit, or license was issued.
19 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
20 (20 ILCS 2505/2505-400 new)
21 (was 20 ILCS 2505/39b49) (from Ch. 127, par. 39b49)
22 Sec. 2505-400. Contracts for collection assistance. The
23 Department has the power 39b49. to contract for collection
24 assistance on a contingent fee basis, with collection fees to
25 be retained by the collection agency and the net collections
26 to be paid to the Department.
27 (Source: P.A. 85-1223.)
28 (20 ILCS 2505/2505-405 new)
29 (was 20 ILCS 2505/39c-1c)
30 Sec. 2505-405. 39c-1c. Electronic filing of liens. The
31 Department of Revenue may adopt rules to provide for the
32 electronic filing of liens for any taxes required to be
HB0236 Engrossed -359- LRB9100031DJcdA
1 administered by the Department.
2 (Source: P.A. 89-399, eff. 8-20-95.)
3 (20 ILCS 2505/2505-425 new)
4 (was 20 ILCS 2505/39b54)
5 Sec. 2505-425. 39b54. Public list of delinquent State
6 taxes.
7 (a) The Director may annually disclose a list of all
8 taxpayers, including but not limited to individuals, trusts,
9 partnerships, corporations, and other taxable entities, that
10 are delinquent in the payment of tax liabilities collected by
11 the Department. The list shall include only those taxpayers
12 with total final liabilities for all taxes collected by the
13 Department (including penalties and interest) in an amount
14 greater than $10,000 (or a such greater amount as established
15 by the Department by rule) for a period of 6 months (or a
16 such longer period as established by the Department by rule)
17 from the time that the taxes were assessed or became final,
18 as provided in the statute imposing the tax. The list shall
19 contain the name, address, types of taxes, month and year in
20 which each tax liability was assessed or became final, the
21 amount of each tax outstanding of each delinquent taxpayer,
22 and, in the case of a corporate taxpayer, the name of the
23 current president of record of the corporation.
24 (b) At least 90 days before the disclosure of the name
25 of any delinquent taxpayer prescribed in subsection (a), the
26 Director shall mail a written notice to each delinquent
27 taxpayer by certified mail addressed to the delinquent
28 taxpayer at his or her last or usual place of business or
29 abode detailing the amount and nature of the delinquency and
30 the intended disclosure of the delinquency. If the
31 delinquent tax has not been paid 60 days after the notice was
32 delivered or the Department has been notified that delivery
33 was refused or unclaimed, and the taxpayer has not, since the
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1 mailing of the notice, either entered into a written
2 agreement with the Department for payment of the delinquency
3 or corrected a default in an existing agreement to the
4 satisfaction of the Director, the Director may disclose the
5 tax in the list of delinquent taxpayers.
6 (c) Unpaid taxes shall not be deemed to be delinquent
7 and subject to disclosure if (i) a written agreement for
8 payment exists without default between the taxpayer and the
9 Department or (ii) the tax liability is the subject of an
10 administrative hearing, administrative review, or judicial
11 review.
12 (d) The list shall be available for public inspection at
13 the Department or by other means of publication, including
14 the Internet.
15 (e) The Department shall prescribe reasonable rules for
16 the administration and implementation of this Section.
17 (f) Any disclosure made by the Director in a good faith
18 effort to comply with this Section shall not be considered a
19 violation of any statute prohibiting disclosure of taxpayer
20 information.
21 (Source: P.A. 90-753, eff. 1-1-99.)
22 (20 ILCS 2505/2505-450 new)
23 (was 20 ILCS 2505/39b18) (from Ch. 127, par. 39b18)
24 Sec. 2505-450. Monthly tax collection statements to
25 Governor. The Department has the power 39b18. to furnish the
26 Governor with monthly statements of its tax collections.
27 (Source: Laws 1953, p. 1439.)
28 (20 ILCS 2505/2505-475 new)
29 (was 20 ILCS 2505/39b32) (from Ch. 127, par. 39b32)
30 Sec. 2505-475. Tax record errors. 39b32. When the
31 Department, through its own error, has entered State tax on
32 its records under the wrong designation (such as recording a
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1 use tax payment as retailers' occupation tax, or a retailers'
2 occupation tax payment as use tax, and so forth etc.), the
3 Department has the power to correct the such error on its
4 records and to notify the State Treasurer of the change so
5 that the Treasurer he can make the necessary corresponding
6 changes in the Treasurer's his records in case the erroneous
7 entry has been made in those his records. If the erroneous
8 entry in the Department's records is due to a mistake in
9 reporting by the taxpayer and the taxpayer agrees that he or
10 she has made a reporting error that which should be
11 corrected, the Department may correct its records accordingly
12 and notify the State Treasurer of the change so that the
13 Treasurer he can make the necessary corresponding changes in
14 the Treasurer's his records in case the erroneous entry has
15 been made in those his records.
16 The Department may similarly correct (i) errors in the
17 distribution, as between municipalities and counties, of
18 taxes that which are imposed by those such municipalities and
19 counties but collected for them by the Department as agent,
20 and (ii) errors by which State taxes are erroneously credited
21 as municipal or county tax or by which municipal or county
22 taxes are erroneously credited or recorded as State tax,
23 giving such notices to the State Treasurer as may be
24 necessary to enable the Treasurer him to make corresponding
25 corrections in the Treasurer's his records.
26 (Source: P.A. 76-220.)
27 (20 ILCS 2505/2505-500 new)
28 (was 20 ILCS 2505/39b11) (from Ch. 127, par. 39b11)
29 Sec. 2505-500. Department divisions. The Department has
30 the power 39b11. to establish such divisions, including
31 advisory divisions, that as may be necessary to assist in
32 maintaining adequate relationships with taxpayers and that as
33 39b20. to appoint a board of appeals, which shall
7 consist of 3 persons, to review departmental actions in
8 controversies involving the determination of tax liability
9 arising under the tax laws administered by the Department.
10 The board shall have no jurisdiction prior to the time a
11 notice of deficiency or a notice of assessment has become
12 final unless (i) (a) the board has made a special finding
13 concurred in by all members that action by the board is the
14 most efficient and expeditious manner of resolving the
15 controversy or (ii) (b) the Director so orders. Cases shall
16 be reviewed by the such board, in accordance with the
17 procedure established by departmental rules and regulations
18 adopted pursuant to the provisions of Section 2505-795 39b19.
19 Decisions made pursuant to this Section are not subject to
20 the provisions of Article III of the Code of Civil Procedure.
21 The exercise of the power of appointment for members of
22 the board of appeals is mandatory, and the Director shall
23 make his appointments within 120 days after the effective
24 date of this amendatory Act of 1979. Each member of the
25 board of appeals shall serve for a period of one year and
26 shall continue to serve thereafter at the pleasure of the
27 Director. Compensation for members shall be determined by
28 the Director.
29 Decisions of the Board shall not take effect unless and
30 until approved by the Director.
31 The express denial of applicability of Article III of the
32 Code of Civil Procedure shall be construed as declaratory of
33 existing law, as expressed in Section 3-102 of the Code of
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1 Civil Procedure, and not as a new enactment.
2 (Source: P.A. 85-340.)
3 (20 ILCS 2505/2505-510 new)
4 (was 20 ILCS 2505/39b20.1) (from Ch. 127, par. 39b20.1)
5 Sec. 2505-510. Informal assessment review. The
6 Department has the power 39b20.1. to establish an informal
7 assessment review process at which an impartial Department
8 designee, who has the authority and knowledge to recommend an
9 appropriate conclusion to the matter, shall review
10 adjustments recommended by examiners and auditors. The
11 Director shall provide by rule for the availability of an
12 informal assessment review before the issuance of a notice of
13 tax liability or notice of deficiency upon completion of an
14 audit of the taxpayer or before a formal hearing. A taxpayer
15 may be represented by a party of his or her choice during the
16 informal assessment review procedure and need not be
17 represented by an attorney.
18 The exercise of this power to establish an informal
19 assessment review procedure is mandatory, and the Director
20 shall promulgate rules implementing this process within 180
21 days after the effective date of this amendatory Act of 1988.
22 (Source: P.A. 89-399, eff. 8-20-95.)
23 (20 ILCS 2505/2505-550 new)
24 (was 20 ILCS 2505/39b51)
25 Sec. 2505-550. 39b51. Jobs Impact Committee and report.
26 With respect to the credits provided for by Sections 209 and
27 210 of the Illinois Income Tax Act, Section 3-50 of the Use
28 Tax Act, Section 2 of the Service Use Tax Act, Section 2 of
29 the Service Occupation Tax Act, and Section 2-45 of the
30 Retailers' Occupation Tax Act, there is hereby created a Jobs
31 Impact Committee, which shall consist of the Director of the
32 Department of Revenue or the such person or persons the
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1 Director as he may designate, and the such representative or
2 representatives that as shall be designated to serve on the
3 Committee by the Department of Commerce and Community
4 Affairs, the Bureau of the Budget, and the Economic and
5 Fiscal Commission. The Committee, so assembled, shall invite
6 and appoint 2 members of the businesses that are eligible for
7 the credits provided by those Sections. The Committee shall
8 study the use and effectiveness of these credits with regard
9 to job creation relative to the revenue loss to the State
10 from the provision of these credits. The Director of the
11 Department of Revenue shall, on behalf of the Committee,
12 submit the Committee's report to the General Assembly on or
13 before June 30, 1998.
14 (Source: P.A. 90-552, eff. 12-12-97.)
15 (20 ILCS 2505/2505-575 new)
16 (was 20 ILCS 2505/39b53)
17 Sec. 2505-575. 39b53. Income tax reciprocal agreements.
18 (a) Reciprocal agreement cost study. The Department of
19 Revenue shall study the use and cost effectiveness of all
20 reciprocal agreements entered into under the authority of
21 Sections 302 and 701 of the Illinois Income Tax Act. The
22 Department shall report to the General Assembly as to the
23 fiscal impact on Illinois income tax collections of each of
24 the reciprocal agreements by January 1, 1999 and every 5
25 years thereafter. The Department has of Revenue shall have
26 the authority to require that employers provide all
27 information necessary to complete the study on income tax
28 withholding returns filed with the Department under Section
29 704 of the Illinois Income Tax Act. The Department has shall
30 have the authority to require that employees provide all
31 information necessary to complete the study on individual
32 income tax returns filed under Section 502 of the Illinois
33 Income Tax Act.
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1 (b) Revocation of reciprocal agreements. Upon receipt
2 of the cost study or at any time thereafter, the General
3 Assembly may adopt a joint resolution by an affirmative vote
4 of a majority of each house directing the Director of Revenue
5 to revoke any reciprocal agreement with any other state that
6 results in a loss of revenue to the State of Illinois. Any
7 joint resolution shall specify the date upon which the
8 reciprocal agreement is to be revoked. That, which date
9 shall be no sooner than the beginning of the next subsequent
10 calendar year that is at least 6 months after the adoption of
11 the joint resolution.
12 (c) Authority to enter into compensation agreements.
13 Before any revocation by joint resolution adopted by the
14 General Assembly under subsection (b), the Director of
15 Revenue has shall have the authority to enter into a
16 compensation or rebating agreement with any reciprocal state.
17 Any compensation agreement shall provide that the reciprocal
18 state shall provide a rebate to the State of Illinois to
19 compensate for the loss of revenue. The Director has of
20 Revenue shall have the authority to enter into agreements
21 with reciprocal states to contract with any third party
22 mutually agreed to by the Director and the reciprocal state
23 to establish a rebate or compensation amount.
24 (Source: P.A. 90-491, eff. 1-1-98.)
25 (20 ILCS 2505/2505-600 new)
26 (was 20 ILCS 2505/39b21) (from Ch. 127, par. 39b21)
27 Sec. 2505-600. Information from State and local
28 officers. The Department has the power 39b21. to require
29 from all State and local officers any such information that
30 as may be necessary for the proper discharge of its duties.
31 (Source: Laws 1953, p. 1439.)
32 (20 ILCS 2505/2505-605 new)
HB0236 Engrossed -366- LRB9100031DJcdA
1 (was 20 ILCS 2505/39b22) (from Ch. 127, par. 39b22)
2 Sec. 2505-605. Taxing district records. The Department
3 has the power 39b22. to examine and make memoranda from all
4 records, books, papers, documents, and statements of fact on
5 record or on file in any public office of any taxing district
6 of the State, and all such officers having charge or custody
7 of those such records shall furnish to the Department, upon
8 request, information of any and all matters on file or of
9 record in their respective offices.
10 (Source: Laws 1953, p. 1439.)
11 (20 ILCS 2505/2505-625 new)
12 (was 20 ILCS 2505/39b35) (from Ch. 127, par. 39b35)
13 Sec. 2505-625. Aiding local governments; real and
14 personal property taxes. 39b35. The Department shall assist
15 and aid local governments of the State in matters relating to
16 real and personal property taxes, including assessments and
17 equalization, and perform all other duties provided by law.
18 In performing this responsibility the Department shall have
19 the power and duty to do the following:
20 (1) (a) Assist and advise the local governments of
21 the State in matters pertaining to the assessment and
22 equalization of property.;
23 (2) (b) Prepare and maintain current maps of the
24 counties of the State, showing the boundaries and the
25 limits of all taxing districts and local governments of
26 the State.;
27 (3) (c) Perform all other duties and powers
28 relating to real and personal property taxes, including
29 real and personal property assessments and equalization,
30 and other taxes and financial matters, as are provided by
31 law and may be vested in the Department.;
32 (d) The Department shall promulgate rules and
33 regulations concerning the Department's operations and
HB0236 Engrossed -367- LRB9100031DJcdA
1 programs established to meet these purposes.
2 (Source: P.A. 81-1509.)
3 (20 ILCS 2505/2505-630 new)
4 (was 20 ILCS 2505/39b36) (from Ch. 127, par. 39b36)
5 Sec. 2505-630. Charges for publications for local
6 officials. 39b36. The Department may make a reasonable
7 charge for instructional manuals, appraisal manuals, and
8 reproductions of the Illinois property tax laws and other
9 publications for the use of local officials. All moneys
10 received from these such charges shall be paid into the
11 General Revenue Fund.
12 (Source: P.A. 81-1509.)
13 (20 ILCS 2505/2505-650 new)
14 (was 20 ILCS 2505/39b52)
15 Sec. 2505-650. 39b52. Collection of past due support.
16 Upon certification of past due child support amounts from the
17 Department of Public Aid, the Department of Revenue may
18 collect the delinquency in any manner authorized for the
19 collection of any tax administered by the Department of
20 Revenue. The Department of Revenue shall notify the
21 Department of Public Aid when the delinquency or any portion
22 of the delinquency has been collected under this Section.
23 Any child support delinquency collected by the Department of
24 Revenue, including those amounts that result in overpayment
25 of a child support delinquency, shall be deposited into in,
26 or transferred into to, the Child Support Enforcement Trust
27 Fund. The Department of Revenue may implement this Section
28 through the use of emergency rules in accordance with Section
29 5-45 of the Illinois Administrative Procedure Act. For
30 purposes of the Illinois Administrative Procedure Act, the
31 adoption of rules to implement this Section shall be
32 considered an emergency and necessary for the public
HB0236 Engrossed -368- LRB9100031DJcdA
1 interest, safety, and welfare.
2 (Source: P.A. 89-6, eff. 12-31-95; 90-491, eff. 1-1-98.)
3 (20 ILCS 2505/2505-675 new)
4 (was 20 ILCS 2505/39b50) (from Ch. 127, par. 39b50)
5 Sec. 2505-675. 39b50. Whenever the Department of Revenue
6 is authorized or required by law to consider some aspect of
7 criminal history record information for the purpose of
8 carrying out its statutory powers and responsibilities, then,
9 upon request and payment of fees in conformance with the
10 requirements of subsection 22 of Section 2605-400 55a of the
11 Department of State Police Law (20 ILCS 2605/2605-400) "The
12 Civil Administrative Code of Illinois", the Department of
13 State Police is authorized to furnish, pursuant to positive
14 identification, the such information contained in State files
15 that as is necessary to fulfill the request.
16 (Source: P.A. 86-610.)
17 (20 ILCS 2505/2505-700 new)
18 (was 20 ILCS 2505/39b13) (from Ch. 127, par. 39b13)
19 Sec. 2505-700. Recommending legislation. The Department
20 has the power 39b13. to formulate and recommend legislation
21 for the improvement of the system of taxation in the State.
22 (Source: P.A. 76-1158.)
23 (20 ILCS 2505/2505-705 new)
24 (was 20 ILCS 2505/39b14) (from Ch. 127, par. 39b14)
25 Sec. 2505-705. Other tax systems. The Department has
26 the power 39b14. to investigate the tax systems of other
27 states and counties.
28 (Source: Laws 1953, p. 1439.)
29 (20 ILCS 2505/2505-730 new)
30 (was 20 ILCS 2505/39b23) (from Ch. 127, par. 39b23)
HB0236 Engrossed -369- LRB9100031DJcdA
1 Sec. 2505-730. Transfer of realty to other State agency;
2 acquisition of federal lands. The Department has the power
3 39b23. to transfer jurisdiction of any realty under control
4 of the Department to any other department of the State
5 government or to acquire or accept federal lands, when the
6 such transfer, acquisition, or acceptance is advantageous to
7 the State and is approved in writing by the Governor.
8 (Source: Laws 1953, p. 1439.)
9 (20 ILCS 2505/2505-790 new)
10 (was 20 ILCS 2505/39b33) (from Ch. 127, par. 39b33)
11 Sec. 2505-790. Other rights, powers, and duties. The
12 Department has the power 39b33. to exercise and perform the
13 such other rights, powers, and duties that as may be vested
14 in the said Department of Revenue by law.
15 (Source: Laws 1965, p. 175.)
16 (20 ILCS 2505/2505-795 new)
17 (was 20 ILCS 2505/39b19) (from Ch. 127, par. 39b19)
18 Sec. 2505-795. Rules and regulations. The Department
19 has the power 39b19. to make such reasonable rules and
20 regulations that as may be necessary to effectively enforce
21 any of the powers herein granted.
22 (Source: Laws 1953, p. 1439.)
23 (20 ILCS 2605/Art. 2605 heading new)
24 ARTICLE 2605. DEPARTMENT OF STATE POLICE
25 (20 ILCS 2605/2605-1 new)
26 Sec. 2605-1. Article short title. This Article 2605 of
27 the Civil Administrative Code of Illinois may be cited as the
28 Department of State Police Law.
29 (20 ILCS 2605/2605-5 new)
HB0236 Engrossed -370- LRB9100031DJcdA
1 Sec. 2605-5. Definitions. In this Law:
2 "Department" means the Department of State Police.
3 "Director" means the Director of State Police.
4 (20 ILCS 2605/2605-10 new)
5 (was 20 ILCS 2605/55a, subsec. (A), in part) (from Ch.
6 127, par. 55a)
7 Sec. 2605-10. Powers and duties, generally. 55a. Powers
8 and duties. (A) The Department of State Police shall have
9 the following powers and duties, and those set forth in the
10 following Sections. 55a-1 through 55c:
11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
14 10-6-98.)
15 (20 ILCS 2605/2605-15 new)
16 (was 20 ILCS 2605/55a, subdiv. (A)26) (from Ch. 127, par.
17 55a)
18 Sec. 2605-15. Rules and regulations. 26. To promulgate
19 rules and regulations necessary for the administration and
20 enforcement of its powers and duties, wherever granted and
21 imposed, pursuant to the Illinois Administrative Procedure
22 Act.
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
25 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
26 10-6-98.)
27 (20 ILCS 2605/2605-25 new)
28 (was 20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
29 Sec. 2605-25. Department divisions. 55a-1. The
30 Department of State Police is divided into the Illinois State
31 Police Academy and 5 divisions: the Division of State
HB0236 Engrossed -371- LRB9100031DJcdA
1 Troopers, the Division of Criminal Investigation, the
2 Division of Forensic Services, the Division of
3 Administration, and the Division of Internal Investigation.
4 (Source: P.A. 90-130, eff. 1-1-98.)
5 (20 ILCS 2605/2605-30 new)
6 (was 20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
7 Sec. 2605-30. Division of State Troopers. 55a-2. The
8 Division of State Troopers shall exercise the following
9 functions:
10 (1) 1. to Cooperate with federal and State
11 authorities requesting utilization of the Department's
12 radio network system under the "Illinois Aeronautics Act.
13 ", approved July 24, 1945, as amended;
14 (2) 2. to Exercise the rights, powers, and duties of
15 the State Police under "An Act in relation to the State
16 Police Act.", approved July 20, 1949, as amended;
17 (3) 3. to Exercise the rights, powers, and duties
18 vested by law in the Department by the State Police Radio
19 Act. "An Act in relation to the establishment and
20 operation of radio broadcasting stations and the
21 acquisition and installation of radio receiving sets for
22 police purposes", approved July 7, 1931, as amended;
23 (4) 4. to Exercise the rights, powers, and duties
24 of the Department vested by law in the Department and the
25 Illinois State Police by "the Illinois Vehicle Code.",
26 approved September 29, 1969, as amended;
27 (5) 5. to Exercise other duties that which have
28 been or may be vested by law in the Illinois State Police
29 .; and
30 (6) 6. to Exercise other duties that which may be
31 assigned by the Director in order to fulfill the
32 responsibilities and to achieve the purposes of the
33 Department.
HB0236 Engrossed -372- LRB9100031DJcdA
1 (Source: P.A. 84-25.)
2 (20 ILCS 2605/2605-35 new)
3 (was 20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
4 Sec. 2605-35. Division of Criminal Investigation. 55a-3.
5 1. to Exercise the rights, powers, and duties
9 vested by law in the Department by the Illinois Horse
10 Racing Act of 1975.;
11 (2) 2. to Investigate the origins, activities,
12 personnel, and incidents of crime and enforce the
13 criminal laws of this State related thereto.;
14 (3) 3. to Enforce all laws regulating the
15 production, sale, prescribing, manufacturing,
16 administering, transporting, having in possession,
17 dispensing, delivering, distributing, or use of
18 controlled substances and cannabis.;
19 (4) 4. to Cooperate with the police of cities,
20 villages, and incorporated towns, and with the police
21 officers of any county in enforcing the laws of the State
22 and in making arrests and recovering property.;
23 (5) 5. to Apprehend and deliver up any person
24 charged in this State or any other state with treason or
25 a, felony, or other crime, who has fled from justice and
26 is found in this State.;
27 (6) 6. to Investigate recipients and, providers
28 under the Illinois Public Aid Code and any personnel
29 involved in the administration of the Illinois Public Aid
30 such Code
31 pertaining to fraud in the administration, receipt, or
32 provision of assistance and pertaining to any violation
33 of criminal law;, and to exercise the functions required
HB0236 Engrossed -373- LRB9100031DJcdA
1 under Section 2605-220 55a-7 in the conduct of those such
2 ;
3 (7) 7. to Conduct such other investigations as may
4 be provided by law.;
5 (8) 8. to Exercise the powers and perform the
6 duties that which have been vested in the Department of
7 State Police by the Sex Offender Registration Act and the
8 Sex Offender and Child Murderer Community Notification
9 Law; and to promulgate reasonable rules and regulations
10 necessitated thereby.; and
11 (9) 9. to Exercise other duties that which may be
12 assigned by the Director in order to fulfill the
13 responsibilities and achieve the purposes of the
14 Department.
15 (b) There is hereby established in the Division of
16 Criminal Investigation the Office of Coordination of Gang
17 Prevention, hereafter referred to as the Office.
18 The Office shall consult with units of local government
19 and school districts to assist them in gang control
20 activities and to administer a system of grants to units of
21 local government and school districts that which, upon
22 application, have demonstrated a workable plan to reduce gang
23 activity in their area. The Such grants shall not include
24 reimbursement for personnel, nor shall they exceed 75% of the
25 total request by any applicant. The grants, and may be
26 calculated on a proportional basis, determined by funds
27 available to the Department for this purpose. The Department
28 has shall have the authority to promulgate appropriate rules
29 and regulations to administer this program.
30 The Such Office shall establish mobile units of trained
31 personnel to respond to gang activities.
32 The Such Office shall also consult with and use the
33 services of religious leaders and other celebrities to assist
34 in gang control activities.
HB0236 Engrossed -374- LRB9100031DJcdA
1 The Office may sponsor seminars, conferences, or any
2 other educational activity to assist communities in their
3 gang crime control activities.
4 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
5 eff. 6-1-96; 90-193, eff. 7-24-97.)
6 (20 ILCS 2605/2605-40 new)
7 (was 20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
8 Sec. 2605-40. Division of Forensic Services. 55a-4. The
9 Division of Forensic Services shall exercise the following
10 functions:
11 (1) 1. to Exercise the rights, powers, and duties
12 vested by law in the Department by the "An Act in
13 relation to Criminal Identification Act. and
14 investigation", approved July 2, 1931, as amended;
15 (2) 2. to Exercise the rights, powers, and duties
16 vested by law in the Department by subsection (5) of
17 Section 2605-300 55a of this Law. Act;
18 (3) 3. to Provide assistance to local law
19 enforcement agencies through training, management, and
20 consultant services.;
21 (4) 4. to Exercise the rights, powers, and duties
22 vested by law in the Department by the Firearm Owners
23 Identification Card Act. "An Act relating to the
24 acquisition, possession and transfer of firearms and
25 firearm ammunition and to provide a penalty for the
26 violation thereof and to make an appropriation in
27 connection therewith", approved August 3, 1967, as
28 amended;
29 (5) 5. to Exercise other duties that which may be
30 assigned by the Director in order to fulfill the
31 responsibilities and achieve the purposes of the
32 Department.; and
33 (6) 6. to Establish and operate a forensic science
HB0236 Engrossed -375- LRB9100031DJcdA
1 laboratory system, including a forensic toxicological
2 laboratory service, for the purpose of testing specimens
3 submitted by coroners and other law enforcement officers
4 in their efforts to determine whether alcohol, drugs, or
5 poisonous or other toxic substances have been involved in
6 deaths, accidents, or illness. Forensic toxicological
7 laboratories shall be established in Springfield, Chicago
8 , and elsewhere in the State as needed.
9 (Source: P.A. 90-130, eff. 1-1-98.)
10 (20 ILCS 2605/2605-45 new)
11 (was 20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
12 Sec. 2605-45. Division of Administration. 55a-5. The
13 Division of Administration shall exercise the following
14 functions:
15 (1) 1. to Exercise the rights, powers, and duties
16 vested in the Department by the "An Act to create a
17 Bureau of the Budget Act. and to define its powers and
18 duties and to make an appropriation", approved April 16,
19 1969, as amended;
20 (2) 2. to Pursue research and the publication of
21 studies pertaining to local law enforcement activities.;
22 (3) 3. to Exercise the rights, powers, and duties
23 vested in the Department by the "Personnel Code.",
24 approved July 18, 1955, as amended;
25 (4) 4. to Operate an electronic data processing and
26 computer center for the storage and retrieval of data
27 pertaining to criminal activity.;
28 (5) 5. to Exercise the rights, powers, and duties
29 vested in the Division of State Troopers by Section 17 of
30 the "An Act in relation to State Police Act.", approved
31 July 20, 1949, as amended;
32 (6) 6. to Exercise the rights, powers, and duties
33 vested in the Department by "An Act relating to internal
HB0236 Engrossed -376- LRB9100031DJcdA
1 auditing in State government", approved August 11, 1967
2 (repealed; now the Fiscal Control and Internal Auditing
3 Act, 30 ILCS 10/)., as amended;
4 (7) 7. to Exercise other duties that which may be
5 assigned by the Director to fulfill the responsibilities
6 and achieve the purposes of the Department.
7 (Source: P.A. 84-25.)
8 (20 ILCS 2605/2605-50 new)
9 (was 20 ILCS 2605/55a-6) (from Ch. 127, par. 55a-6)
10 Sec. 2605-50. Division of Internal Investigation. 55a-6.
11 The Division of Internal Investigation shall initiate
12 internal departmental investigations and, at the direction of
13 the Governor, investigate complaints and initiate
14 investigations of official misconduct by State officers and
15 State employees under the jurisdiction of the Governor.
16 (Source: P.A. 80-56.)
17 (20 ILCS 2605/2605-75 new)
18 (was 20 ILCS 2605/55a, subsec. (C)) (from Ch. 127, par.
19 55a)
20 Sec. 2605-75. Bilingual police officers. (C) The
21 Department of State Police may ascertain the number of
22 bilingual police officers and other personnel needed to
23 provide services in a language other than English and may
24 establish, under applicable personnel rules and Department
25 guidelines or through a collective bargaining agreement, a
26 bilingual pay supplement program.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
30 10-6-98.)
31 (20 ILCS 2605/2605-100 new)
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1 (was 20 ILCS 2605/55a, subdiv. (A)1) (from Ch. 127, par.
2 55a)
3 Sec. 2605-100. State Police Act. 1. To exercise the
4 rights, powers, and duties that which have been vested in the
5 Department of Public Safety by the State Police Act.
6 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
7 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
8 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
9 10-6-98.)
10 (20 ILCS 2605/2605-105 new)
11 (was 20 ILCS 2605/55a, subdiv. (A)2) (from Ch. 127, par.
12 55a)
13 Sec. 2605-105. State Police Radio Act. 2. To exercise
14 the rights, powers, and duties that which have been vested in
15 the Department of Public Safety by the State Police Radio
16 Act.
17 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
18 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
19 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
20 10-6-98.)
21 (20 ILCS 2605/2605-110 new)
22 (was 20 ILCS 2605/55a, subdiv. (A)3) (from Ch. 127, par.
23 55a)
24 Sec. 2605-110. Criminal Identification Act. 3. To
25 exercise the rights, powers, and duties that which have been
26 vested in the Department of Public Safety by the Criminal
27 Identification Act.
28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
30 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
31 10-6-98.)
HB0236 Engrossed -378- LRB9100031DJcdA
1 (20 ILCS 2605/2605-115 new)
2 (was 20 ILCS 2605/55a, subdiv. (A)9) (from Ch. 127, par.
3 55a)
4 Sec. 2605-115. Illinois Vehicle Code. 9. To exercise the
5 rights, powers, and duties that which have been vested in the
6 Department of Public Safety by the Illinois Vehicle Code.
7 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
8 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
9 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
10 10-6-98.)
11 (20 ILCS 2605/2605-120 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)10) (from Ch. 127, par.
13 55a)
14 Sec. 2605-120. Firearm Owners Identification Card Act.
15 10. To exercise the rights, powers, and duties that which
16 have been vested in the Department of Public Safety by the
17 Firearm Owners Identification Card Act.
18 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
19 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
20 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
21 10-6-98.)
22 (20 ILCS 2605/2605-130 new)
23 (was 20 ILCS 2605/55a, subdiv. (A)23) (from Ch. 127, par.
24 55a)
25 Sec. 2605-130. Intergovernmental Missing Child Recovery
26 Act of 1984. 23. To exercise the powers and perform the
27 duties that which have been vested in the Department of State
28 Police by the Intergovernmental Missing Child Recovery Act of
29 1984, and to establish reasonable rules and regulations
30 necessitated thereby.
31 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
32 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
HB0236 Engrossed -379- LRB9100031DJcdA
1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
2 10-6-98.)
3 (20 ILCS 2605/2605-135 new)
4 (was 20 ILCS 2605/55c) (from Ch. 127, par. 55c)
5 Sec. 2605-135. Intergovernmental Drug Laws Enforcement
6 Act. 55c. The Department of State Police shall exercise the
7 powers and duties assigned to it under the "Intergovernmental
8 Drug Laws Enforcement Act", enacted by the 80th General
9 Assembly.
10 (Source: P.A. 84-25.)
11 (20 ILCS 2605/2605-140 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)8) (from Ch. 127, par.
13 55a)
14 Sec. 2605-140. Narcotic Control Division Abolition Act.
15 8. To exercise the rights, powers, and duties that which
16 have been vested in the Department of State Police and the
17 Director of the Department of State Police by the Narcotic
18 Control Division Abolition Act.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
22 10-6-98.)
23 (20 ILCS 2605/2605-190 new)
24 (was 20 ILCS 2605/55a, subdiv. (A)11) (from Ch. 127, par.
25 55a)
26 Sec. 2605-190. Other laws in relation to law enforcement.
27 11. To enforce and administer such other laws in relation
28 to law enforcement to the extent that they vest any rights,
29 powers, or duties as may be vested in the Department.
30 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
31 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
HB0236 Engrossed -380- LRB9100031DJcdA
1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
2 10-6-98.)
3 (20 ILCS 2605/2605-200 new)
4 (was 20 ILCS 2605/55a, subdiv. (A)4) (from Ch. 127, par.
5 55a)
6 Sec. 2605-200. Investigations of crime; enforcement of
7 laws. 4.
8 (a) To do the following:
9 (1) (a) Investigate the origins, activities,
10 personnel, and incidents of crime and the ways and means
11 to redress the victims of crimes;, and study the impact,
12 if any, of legislation relative to the effusion of crime
13 and growing crime rates;, and enforce the criminal laws
14 of this State related thereto.,
15 (2) (b) Enforce all laws regulating the production,
16 sale, prescribing, manufacturing, administering,
17 transporting, having in possession, dispensing,
18 delivering, distributing, or use of controlled substances
19 and cannabis.,
20 (3) (c) Employ skilled experts, scientists,
21 technicians, investigators, or otherwise specially
22 qualified persons to aid in preventing or detecting
23 crime, apprehending criminals, or preparing and
24 presenting evidence of violations of the criminal laws of
25 the State.,
26 (4) (d) Cooperate with the police of cities,
27 villages, and incorporated towns, and with the police
28 officers of any county, in enforcing the laws of the
29 State and in making arrests and recovering property.,
30 (5) (e) Apprehend and deliver up any person charged
31 in this State or any other state of the United States
32 with treason or a, felony, or other crime, who has fled
33 from justice and is found in this State., and
HB0236 Engrossed -381- LRB9100031DJcdA
1 (6) (f) Conduct such other investigations as may be
2 these powers set forth in
4 subsection (a) within the Department are conservators of the
5 peace and as such have all the powers possessed by policemen
6 in cities and sheriffs, except that they may exercise those
7 such powers anywhere in the State in cooperation with and
8 after contact with the local law enforcement officials. Those
9 Such persons may use false or fictitious names in the
10 performance of their duties under this Section paragraph,
11 upon approval of the Director, and shall not be subject to
12 prosecution under the criminal laws for that such use.
13 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
14 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
15 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
16 10-6-98.)
17 (20 ILCS 2605/2605-205 new)
18 (was 20 ILCS 2605/55a, subdiv. (A)17) (from Ch. 127, par.
19 55a)
20 Sec. 2605-205. Arson investigations. 17. To conduct
21 arson investigations.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
24 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
25 10-6-98.)
26 (20 ILCS 2605/2605-210 new)
27 (was 20 ILCS 2605/55a, subdiv. (A)29) (from Ch. 127, par.
28 55a)
29 Sec. 2605-210. Child abuse or neglect investigations. 29.
30 14. To provide investigative services, with all of the
9 powers possessed by policemen in cities and sheriffs, in and
10 around all race tracks subject to the Illinois Horse Racing
11 Act of 1975.
12 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
13 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
14 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
15 10-6-98.)
16 (20 ILCS 2605/2605-220 new)
17 (was 20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
18 Sec. 2605-220. Public aid fraud investigations. 55a-7.
19 The Department of State Police, through the Division of
20 Criminal Investigation, shall investigate recipients and,
21 providers under the Illinois Public Aid Code and any
22 personnel involved in the administration of the Illinois
23 Public Aid Code who are suspected of any violations of the
24 such Code pertaining to fraud in the administration, receipt,
25 or provision of assistance and pertaining to any violation
26 of criminal law. The Department shall, in addition to
27 functions otherwise authorized by State and federal law,
28 exercise the following functions:
29 (1) 1. to Initiate investigations of suspected
30 cases of public aid fraud.; and
31 (2) 2. to Investigate cases of public aid fraud.
32 (Source: P.A. 84-25.)
HB0236 Engrossed -383- LRB9100031DJcdA
1 (20 ILCS 2605/2605-250 new)
2 (was 20 ILCS 2605/55a, subdiv. (A)15) (from Ch. 127, par.
3 55a)
4 Sec. 2605-250. Obtaining evidence. 15. To expend the
5 such sums as the Director deems necessary from contractual
6 services appropriations for the Division of Criminal
7 Investigation for the purchase of evidence and for the
8 employment of persons to obtain evidence. The Such sums shall
9 be advanced to agents authorized by the Director to expend
10 funds, on vouchers signed by the Director.
11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
14 10-6-98.)
15 (20 ILCS 2605/2605-275 new)
16 (was 20 ILCS 2605/55a, subdiv. (A)30) (from Ch. 127, par.
17 55a)
18 Sec. 2605-275. Registration of fictitious vital records.
19 30. To obtain registration of a fictitious vital record
20 pursuant to Section 15.1 of the Vital Records Act.
21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
23 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
24 10-6-98.)
25 (20 ILCS 2605/2605-300 new)
26 (was 20 ILCS 2605/55a, subdiv. (A)5) (from Ch. 127, par.
27 55a)
28 Sec. 2605-300. Records; crime laboratories; personnel. 5.
29 (a) Be a central repository and custodian of
31 criminal statistics for the State.,
32 (2) (b) Be a central repository for criminal
HB0236 Engrossed -384- LRB9100031DJcdA
1 history record information.,
2 (3) (c) Procure and file for record such
3 information that as is necessary and helpful to plan
4 programs of crime prevention, law enforcement, and
5 criminal justice.,
6 (4) (d) Procure and file for record such copies of
7 fingerprints that, as may be required by law.,
8 (5) (e) Establish general and field crime
9 laboratories.,
10 (6) (f) Register and file for record such
11 information that as may be required by law for the
12 issuance of firearm owner's identification cards.,
13 (7) (g) Employ polygraph operators, laboratory
14 technicians, and other specially qualified persons to aid
15 in the identification of criminal activity., and
16 (8) (h) Undertake such other identification,
17 information, laboratory, statistical, or registration
18 activities that as may be required by law.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
22 10-6-98.)
23 (20 ILCS 2605/2605-305 new)
24 (was 20 ILCS 2605/55a, subsec. (B)) (from Ch. 127, par.
25 55a)
26 Sec. 2605-305. Statewide Organized Criminal Gang Database
27 (SWORD). (B) The Department of State Police may establish
28 and maintain, within the Department of State Police, a
29 Statewide Organized Criminal Gang Database (SWORD) for the
30 purpose of tracking organized criminal gangs and their
31 memberships. Information in the database may include, but not
32 be limited to, the name, last known address, birth date,
33 physical descriptions (such as scars, marks, or tattoos),
HB0236 Engrossed -385- LRB9100031DJcdA
1 officer safety information, organized gang affiliation, and
2 entering agency identifier. The Department may develop, in
3 consultation with the Criminal Justice Information Authority,
4 and in a form and manner prescribed by the Department, an
5 automated data exchange system to compile, to maintain, and
6 to make this information electronically available to
7 prosecutors and to other law enforcement agencies. The
8 information may be used by authorized agencies to combat the
9 operations of organized criminal gangs statewide.
10 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
11 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
12 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
13 10-6-98.)
14 (20 ILCS 2605/2605-315 new)
15 (was 20 ILCS 2605/55a, subdiv. (A)34) (from Ch. 127, par.
16 55a)
17 Sec. 2605-315. Criminal history record information for
18 Department of Children and Family Services. 34. Upon the
19 request of the Department of Children and Family Services,
20 the Department of State Police shall provide properly
21 designated employees of the Department of Children and Family
22 Services with criminal history record information as defined
23 in the Illinois Uniform Conviction Information Act and
24 information maintained in the statewide central juvenile
25 records record system as defined in subdivision (A)19 of this
26 36. Upon request of the
8 Department of Human Services, to conduct an assessment and
9 evaluation of sexually violent persons as mandated by the
10 Sexually Violent Persons Commitment Act, the Department shall
11 furnish criminal history information maintained on the
12 requested person. The request shall be in the form and
13 manner specified by the Department.
14 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
15 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
16 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
17 10-6-98.)
18 (20 ILCS 2605/2605-325 new)
19 (was 20 ILCS 2605/55a, subdiv. (A)25) (from Ch. 127, par.
20 55a)
21 Sec. 2605-325. Conviction information for school board or
22 regional superintendent. 25. On request of a school board or
23 regional superintendent of schools, to conduct an inquiry
24 pursuant to Section 10-21.9 or 34-18.5 of the School Code to
25 ascertain whether if an applicant for employment in a school
26 district has been convicted of any criminal or drug offenses
27 enumerated in Section 10-21.9 or 34-18.5 of the School Code.
28 The Department shall furnish the such conviction information
29 to the president of the school board of the school district
30 that which has requested the information, or, if the
31 information was requested by the regional superintendent, to
32 that regional superintendent.
HB0236 Engrossed -387- LRB9100031DJcdA
1 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
2 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
3 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
4 10-6-98.)
5 (20 ILCS 2605/2605-335 new)
6 (was 20 ILCS 2605/55a, subdiv. (A)28) (from Ch. 127, par.
7 55a)
8 Sec. 2605-335. Conviction information for private child
9 services organization. 28. Upon the request of any private
10 organization that which devotes a major portion of its time
11 to the provision of recreational, social, educational, or
12 child safety services to children, to conduct, pursuant to
13 positive identification, criminal background investigations
14 of all of that organization's current employees, current
15 volunteers, prospective employees, or prospective volunteers
16 charged with the care and custody of children during the
17 provision of the organization's services, and to report to
18 the requesting organization any record of convictions
19 maintained in the Department's files about those such
20 persons. The Department shall charge an application fee,
21 based on actual costs, for the dissemination of conviction
22 information pursuant to this Section subsection. The
23 Department is empowered to establish this fee and shall
24 prescribe the form and manner for requesting and furnishing
25 conviction information pursuant to this Section subsection.
26 Information received by the organization from the
27 Department concerning an individual shall be provided to the
28 such individual. Any such information obtained by the
29 organization shall be confidential and may not be transmitted
30 outside the organization and may not be transmitted to anyone
31 within the organization except as needed for the purpose of
32 evaluating the individual. Only information and standards
33 that which bear a reasonable and rational relation to the
HB0236 Engrossed -388- LRB9100031DJcdA
1 performance of child care shall be used by the organization.
2 Any employee of the Department or any member, employee,
3 or volunteer of the organization receiving confidential
4 information under this Section subsection who gives or causes
5 to be given any confidential information concerning any
6 criminal convictions of an individual shall be guilty of a
7 Class A misdemeanor unless release of the such information is
8 authorized by this Section subsection.
9 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
10 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
11 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
12 10-6-98.)
13 (20 ILCS 2605/2605-340 new)
14 (was 20 ILCS 2605/55a, subdiv. (A)32) (from Ch. 127, par.
15 55a)
16 Sec. 2605-340. Conviction information for private carrier
17 company under Metropolitan Transit Authority Act. 32. Upon
18 the request of a private carrier company that provides
19 transportation under Section 28b of the Metropolitan Transit
20 Authority Act, to ascertain whether if an applicant for a
21 driver position has been convicted of any criminal or drug
22 offense enumerated in that Section 28b of the Metropolitan
23 Transit Authority Act. The Department shall furnish the
24 conviction information to the private carrier company that
25 requested the information.
26 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
27 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
28 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
29 10-6-98.)
30 (20 ILCS 2605/2605-350 new)
31 (was 20 ILCS 2605/55a, subdiv. (A)18) (from Ch. 127, par.
32 55a)
HB0236 Engrossed -389- LRB9100031DJcdA
1 Sec. 2605-350. Juveniles; police contact record keeping
2 system. 18. To develop a separate statewide statistical
3 police contact record keeping system for the study of
4 juvenile delinquency. The records of this police contact
5 system shall be limited to statistical information. No
6 individually identifiable information shall be maintained in
7 the police contact statistical record system.
8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
10 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
11 10-6-98.)
12 (20 ILCS 2605/2605-355 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)19) (from Ch. 127, par.
14 55a)
15 Sec. 2605-355. Delinquent minors; statewide central
16 juvenile records system. 19. To develop a separate statewide
17 central juvenile records system for persons arrested prior to
18 the age of 17 under Section 5-401 of the Juvenile Court Act
19 of 1987 or adjudicated delinquent minors and to make
20 information available to local law enforcement officers so
21 that law enforcement officers will be able to obtain rapid
22 access to the background of the minor from other
23 jurisdictions to the end that the juvenile police officers
24 can make appropriate decisions that which will best serve the
25 interest of the child and the community. The Department
26 shall submit a quarterly report to the General Assembly and
27 Governor. The report which shall contain the number of
28 juvenile records that the Department has received in that
29 quarter and, a list, by category, of offenses that minors
30 were arrested for or convicted of by age, race, and gender.
31 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
32 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
33 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
HB0236 Engrossed -390- LRB9100031DJcdA
1 10-6-98.)
2 (20 ILCS 2605/2605-360 new)
3 (was 20 ILCS 2605/55a, subdiv. (A)20) (from Ch. 127, par.
4 55a)
5 Sec. 2605-360. Rules for confidentiality of juvenile
6 records. 20. To develop rules that which guarantee the
7 confidentiality of the such individually identifiable
8 juvenile records described in Section 2605-355 except to
9 juvenile authorities who request information concerning the
10 minor and who certify in writing that the information will
11 not be disclosed to any other party except as provided under
12 law or order of court. For purposes of this Section,
13 "juvenile authorities" means:
14 (1) (i) A judge of the circuit court and members of
15 the staff of the court designated by the judge.;
16 (2) (ii) Parties to the proceedings under the
17 Juvenile Court Act of 1987 and their attorneys.;
18 (3) (iii) Probation officers and court appointed
19 advocates for the juvenile authorized by the judge
20 hearing the case.;
21 (4) (iv) Any individual or, public or of private
22 agency having custody of the child pursuant to court
23 order.;
24 (5) (v) Any individual or, public or private agency
25 providing education, medical, or mental health services
26 service to the child when the requested information is
27 needed to determine the appropriate service or treatment
28 for the minor.;
29 (6) (vi) Any potential placement provider when the
30 such release is authorized by the court for the limited
31 purpose of determining the appropriateness of the
32 potential placement.;
33 (7) (vii) Law enforcement officers and prosecutors.;
HB0236 Engrossed -391- LRB9100031DJcdA
1 (viii) Adult and juvenile prisoner review boards
3 .;
4 (9) (ix) Authorized military personnel.;
5 (10) (x) Individuals authorized by court.;
6 (11) (xi) The Illinois General Assembly or any
7 committee or commission of the General Assembly thereof.
8 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
9 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
10 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
11 10-6-98.)
12 (20 ILCS 2605/2605-365 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)21) (from Ch. 127, par.
14 55a)
15 Sec. 2605-365. Access to juvenile records by minors and
16 others. 21. To develop administrative rules and
17 administrative hearing procedures that which allow a minor,
18 his or her attorney, and his or her parents or guardian
19 access to individually identifiable juvenile records for the
20 purpose of determining or challenging the accuracy of the
21 records. Final administrative decisions shall be subject to
22 the provisions of the Administrative Review Law.
23 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
24 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
25 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
26 10-6-98.)
27 (20 ILCS 2605/2605-375 new)
28 (was 20 ILCS 2605/55a, subdiv. (A)24) (from Ch. 127, par.
29 55a)
30 Sec. 2605-375. Missing persons; Law Enforcement Agencies
31 Data System (LEADS). 24.
32 (a) To establish and maintain a statewide Law
HB0236 Engrossed -392- LRB9100031DJcdA
1 Enforcement Agencies Data System (LEADS) for the purpose of
2 providing electronic access by authorized entities to
3 criminal justice data repositories and effecting an immediate
4 law enforcement response to reports of missing persons,
5 including lost, missing or runaway minors. The Department
6 shall implement an automatic data exchange system to compile,
7 to maintain, and to make available to other law enforcement
8 agencies for immediate dissemination data that which can
9 assist appropriate agencies in recovering missing persons and
10 provide access by authorized entities to various data
11 repositories available through LEADS for criminal justice and
12 related purposes. To help assist the Department in this
13 effort, funds may be appropriated from the LEADS Maintenance
14 Fund.
15 (b) In exercising its duties under this Section
16 subsection, the Department shall do the following:
17 (1) Provide a uniform reporting format for the
18 entry of pertinent information regarding the report of a
19 missing person into LEADS.;
20 (2) Develop and implement a policy whereby a
21 statewide or regional alert would be used in situations
22 relating to the disappearances of individuals, based on
23 criteria and in a format established by the Department.
24 Such a format shall include, but not be limited to, the
25 age of the missing person and the suspected circumstance
26 of the disappearance.;
27 (3) Notify all law enforcement agencies that
28 reports of missing persons shall be entered as soon as
29 the minimum level of data specified by the Department is
30 available to the reporting agency, and that no waiting
31 period for the entry of the such data exists.;
32 (4) Compile and retain information regarding lost,
33 abducted, missing, or runaway minors in a separate data
34 file, in a manner that allows that such information to be
HB0236 Engrossed -393- LRB9100031DJcdA
1 used by law enforcement and other agencies deemed
2 appropriate by the Director, for investigative purposes.
3 The Such information shall include the disposition of all
4 reported lost, abducted, missing, or runaway minor cases.
5 ;
6 (5) Compile and maintain an historic data
7 repository relating to lost, abducted, missing, or
8 runaway minors and other missing persons in order to
9 develop and improve techniques utilized by law
10 enforcement agencies when responding to reports of
11 missing persons.; and
12 (6) Create a quality control program regarding
13 confirmation of missing person data, timeliness of
14 entries of missing person reports into LEADS, and
15 performance audits of all entering agencies.
16 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
17 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
18 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
19 10-6-98.)
20 (20 ILCS 2605/2605-377 new)
21 (was 20 ILCS 2605/55a, subdiv. (A)35) (from Ch. 127, par.
22 55a)
23 Sec. 2605-377. Department of Public Aid; LEADS access.
24 35. The Illinois Department of Public Aid is an authorized
25 entity under this Law Section for the purpose of exchanging
26 information, in the form and manner required by the
27 Department of State Police, obtaining access to various data
28 repositories available through LEADS, to facilitate the
29 location of individuals for establishing paternity, and
30 establishing, modifying, and enforcing child support
31 obligations, pursuant to the Illinois Public Aid Code and
32 Title IV, Part D of the Social Security Act. The Department
33 shall enter into an agreement with the Illinois Department of
HB0236 Engrossed -394- LRB9100031DJcdA
1 Public Aid consistent with these purposes.
2 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
3 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
4 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
5 10-6-98.)
6 (20 ILCS 2605/2605-380 new)
7 (was 20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
8 Sec. 2605-380. Dental records. 55a-8. The Department of
9 State Police shall do the following:
10 (1) (a) Operate a State central repository for
11 dental records of missing persons and unidentified dead
12 bodies.;
13 (2) (b) Receive and file dental records submitted by
14 county medical examiners and coroners from unidentified
15 dead bodies and submitted by law enforcement agencies
16 from persons reported missing for more than 30 days.;
17 (3) (c) Provide information from the file on
18 possible identifications resulting from the comparison of
19 dental records submitted with those records on file, to
20 county medical examiners, coroners, and law enforcement
21 agencies.; and
22 (4) (d) Expunge the dental records of those missing
23 persons who are found, and expunge from the file the
24 dental records of missing persons who are positively
25 identified as a result of comparisons made with this file
26 or, the files maintained by other states, territories,
27 insular possessions of the United States, or the United
28 States.
29 (Source: P.A. 84-1308.)
30 (20 ILCS 2605/2605-390 new)
31 (was 20 ILCS 2605/55a, subdiv. (A)31) (from Ch. 127, par.
32 55a)
HB0236 Engrossed -395- LRB9100031DJcdA
1 Sec. 2605-390. Hate crimes. 31.
2 (a) To collect and disseminate information relating to
3 "hate crimes" as defined under Section 12-7.1 of the Criminal
4 Code of 1961 contingent upon the availability of State or
5 federal funds to revise and upgrade the Illinois Uniform
6 Crime Reporting System. All law enforcement agencies shall
7 report monthly to the Department of State Police concerning
8 those such offenses in the such form and in the such manner
9 as may be prescribed by rules and regulations adopted by the
10 Department of State Police. The Such information shall be
11 compiled by the Department and be disseminated upon request
12 to any local law enforcement agency, unit of local
13 government, or State agency. Dissemination of the such
14 information shall be subject to all confidentiality
15 requirements otherwise imposed by law.
16 (b) The Department of State Police shall provide
17 training for State Police officers in identifying, responding
18 to, and reporting all hate crimes. The Illinois Law
19 Enforcement Training Standards Board shall develop and
20 certify a course of such training to be made available to
21 local law enforcement officers.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
24 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
25 10-6-98.)
26 (20 ILCS 2605/2605-400 new)
27 (was 20 ILCS 2605/55a, subdiv. (A)22) (from Ch. 127, par.
28 55a)
29 Sec. 2605-400. Fees; State Police Services Fund; audit.
30 22.
31 (a) To charge, collect, and receive fees or moneys
32 equivalent to the cost of providing Department of State
33 Police personnel, equipment, and services to local
HB0236 Engrossed -396- LRB9100031DJcdA
1 governmental agencies when explicitly requested by a local
2 governmental agency and pursuant to an intergovernmental
3 agreement as provided by this Law Section, other State
4 agencies, and federal agencies, including but not limited to
5 fees or moneys equivalent to the cost of providing
6 dispatching services, radio and radar repair, and training to
7 local governmental agencies on such terms and conditions that
8 as in the judgment of the Director are in the best interest
9 of the State; and to establish, charge, collect, and receive
10 fees or moneys based on the cost of providing responses to
11 requests for criminal history record information pursuant to
12 positive identification and any Illinois or federal law
13 authorizing access to some aspect of that such information
14 and to prescribe the form and manner for requesting and
15 furnishing the such information to the requestor on such
16 terms and conditions that as in the judgment of the Director
17 are in the best interest of the State, provided fees for
18 requesting and furnishing criminal history record information
19 may be waived for requests in the due administration of the
20 criminal laws. The Department may also charge, collect, and
21 receive fees or moneys equivalent to the cost of providing
22 electronic data processing lines or related telecommunication
23 services to local governments, but only when those such
24 services can be provided by the Department at a cost less
25 than that experienced by those said local governments through
26 other means. All services provided by the Department shall be
27 conducted pursuant to contracts in accordance with the
28 Intergovernmental Cooperation Act, and all telecommunication
29 services shall be provided pursuant to the provisions of
30 Section 405-270 67.18 of the Department of Central Management
31 Services Law (20 ILCS 405/405-270) this Code.
32 (b) All fees received by the Department of State Police
33 under the Civil Administrative Code of Illinois this Act or
34 the Illinois Uniform Conviction Information Act shall be
HB0236 Engrossed -397- LRB9100031DJcdA
1 deposited in a special fund in the State treasury to be known
2 as the State Police Services Fund. The money deposited in the
3 State Police Services Fund shall be appropriated to the
4 Department of State Police for expenses of the Department of
5 State Police.
6 (c) Upon the completion of any audit of the Department
7 of State Police as prescribed by the Illinois State Auditing
8 Act, which audit includes an audit of the State Police
9 Services Fund, the Department of State Police shall make the
10 audit open to inspection by any interested person.
11 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
12 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
13 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
14 10-6-98.)
15 (20 ILCS 2605/2605-405 new)
16 (was 20 ILCS 2605/55a, subdiv. (A)33) (from Ch. 127, par.
17 55a)
18 Sec. 2605-405. Applying for grants or contracts; moneys
19 from other entities. 33. To apply for grants or contracts
20 and, receive, expend, allocate, or disburse funds and moneys
21 made available by public or private entities, including, but
22 not limited to, contracts, bequests, grants, or receiving
23 equipment from corporations, foundations, or public or
24 private institutions of higher learning. All funds received
25 by the Department from these sources shall be deposited into
26 the appropriate fund in the State treasury to be appropriated
27 to the Department for purposes as indicated by the grantor or
28 contractor or, in the case of funds or moneys bequeathed or
29 granted for no specific purpose, for any purpose as deemed
30 appropriate by the Director in administering the
31 responsibilities of the Department.
32 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
33 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
HB0236 Engrossed -398- LRB9100031DJcdA
1 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
2 10-6-98.)
3 (20 ILCS 2605/2605-420 new)
4 (was 20 ILCS 2605/55a, subdiv. (A)16) (from Ch. 127, par.
5 55a)
6 Sec. 2605-420. Assisting victims and witnesses of gang
7 crime. 16. To assist victims and witnesses in gang crime
8 prosecutions through the administration of funds appropriated
9 from the Gang Violence Victims and Witnesses Fund to the
10 Department. Those Such funds shall be appropriated to the
11 Department and shall only be used to assist victims and
12 witnesses in gang crime prosecutions. The and such assistance
13 may include any of the following:
14 (1) (a) Temporary living costs.;
15 (2) (b) Moving expenses.;
16 (3) (c) Closing costs on the sale of a private
17 residence.;
18 (4) (d) First month's rent.;
19 (5) (e) Security deposits.;
20 (6) (f) Apartment location assistance.;
21 (7) (g) Other expenses that which the Department
22 considers appropriate.; and
23 (8) (h) Compensation for any loss of or injury to
24 real or personal property resulting from a gang crime to
25 a maximum of $5,000, subject to the following provisions:
26 (A) (1) In the case of loss of property, the
27 amount of compensation shall be measured by the
28 replacement cost of similar or like property that
29 which has been incurred by and that which is
30 substantiated by the property owner.,
31 (B) (2) In the case of injury to property, the
32 amount of compensation shall be measured by the cost
33 of repair incurred and that which can be
HB0236 Engrossed -399- LRB9100031DJcdA
1 substantiated by the property owner.,
2 (C) (3) Compensation under this provision is a
3 secondary source of compensation and shall be
4 reduced by any amount the property owner receives
5 from any other source as compensation for the loss
6 or injury, including, but not limited to, personal
7 insurance coverage.,
8 (D) (4) No compensation may be awarded if the
9 property owner was an offender or an accomplice of
10 the offender, or if the award would unjustly benefit
11 the offender or offenders, or an accomplice of the
12 offender or offenders.
13 No victim or witness may receive such assistance under
14 this Section if he or she is not a part of or fails to fully
15 cooperate in the prosecution of gang crime members by law
16 enforcement authorities.
17 The Department shall promulgate any rules necessary for
18 the implementation of this amendatory Act of 1985.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
21 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
22 10-6-98.)
23 (20 ILCS 2605/2605-430 new)
24 (was 20 ILCS 2605/55a, subdiv. (A)7) (from Ch. 127, par.
25 55a)
26 Sec. 2605-430. Assistance to local law enforcement
27 agencies. 7. To provide, as may be required by law,
28 assistance to local law enforcement agencies through (i) (a)
29 training, management, and consultant services for local law
30 enforcement agencies, and (ii) (b) the pursuit of research
31 and the publication of studies pertaining to local law
32 enforcement activities.
33 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
HB0236 Engrossed -400- LRB9100031DJcdA
1 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
2 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
3 10-6-98.)
4 (20 ILCS 2605/2605-435 new)
5 (was 20 ILCS 2605/55a, subdiv. (A)27) (from Ch. 127, par.
6 55a)
7 Sec. 2605-435. Electronic criminal surveillance;
8 assistance to local authorities. 27. To do the following:
9 (1) (a) Promulgate rules pertaining to the
10 certification, revocation of certification, and training
11 of law enforcement officers as electronic criminal
12 surveillance officers.,
13 (2) (b) Provide training and technical assistance
14 to State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications.,
17 (3) (c) Promulgate rules necessary for the
18 administration of Article 108B of the Code of Criminal
19 Procedure of 1963, including but not limited to standards
20 for recording and minimization of electronic criminal
21 surveillance intercepts, documentation required to be
22 maintained during an intercept, and procedures in
23 relation to evidence developed by an intercept., and
24 (4) (d) Charge a reasonable fee to each law
25 enforcement agency that sends officers to receive
26 training as electronic criminal surveillance officers.
27 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
28 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
29 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
30 10-6-98.)
31 (20 ILCS 2605/2605-500 new)
32 (was 20 ILCS 2605/55a, subdiv. (A)6) (from Ch. 127, par.
HB0236 Engrossed -401- LRB9100031DJcdA
1 55a)
2 Sec. 2605-500. Communication activities. 6. To do the
3 following:
4 (1) (a) Acquire and operate one or more radio
5 broadcasting stations in the State to be used for police
6 purposes.,
7 (2) (b) Operate a statewide communications network
8 to gather and disseminate information for law enforcement
9 agencies.,
10 (3) (c) Operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity., and
13 (4) (d) Undertake such other communication
14 activities that as may be required by law.
15 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
16 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
17 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
18 10-6-98.)
19 (20 ILCS 2605/2605-505 new)
20 (was 20 ILCS 2605/55b) (from Ch. 127, par. 55b)
21 Sec. 2605-505. Local citizens radio groups. 55b. The
22 Department of State Police is authorized to use local
23 citizens radio groups in connection with its communication
24 duties under the Civil Administrative Code of Illinois this
25 Act, and to coordinate those such local citizens citizen
26 radio groups with the functions of local law enforcement
27 agencies as the Department deems advisable. With the
28 approval of the Department, those such local citizens radio
29 groups shall be eligible for law enforcement grants.
30 (Source: P.A. 84-25.)
31 (20 ILCS 2605/2605-525 new)
32 (was 20 ILCS 2605/55a, subdiv. (A)13) (from Ch. 127, par.
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1 55a)
2 Sec. 2605-525. Furlough of inmates to State agencies for
3 research. 13. With the written approval of the Governor, to
4 enter into agreements with other departments created by the
5 Civil Administrative Code of Illinois this Act, for the
6 furlough of inmates of the penitentiary to those such other
7 departments for their use in research programs being
8 conducted by them.
9 For the purpose of participating in those such research
10 projects, the Department may extend the limits of any
11 inmate's place of confinement, when there is reasonable cause
12 to believe that the inmate will honor his or her trust by
13 authorizing the inmate, under prescribed conditions, to leave
14 the confines of the place unaccompanied by a custodial agent
15 of the Department. The Department shall make rules governing
16 (i) the transfer of the inmate to the requesting other
17 department having the approved research project, and (ii) the
18 return of the such inmate to the unextended confines of the
19 penitentiary. The Such transfer shall be made only with the
20 consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting the such extension
25 shall be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
29 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
30 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
31 10-6-98.)
32 (20 ILCS 2605/2605-550 new)
33 (was 20 ILCS 2605/55a, subdiv. (A)12) (from Ch. 127, par.
HB0236 Engrossed -403- LRB9100031DJcdA
1 55a)
2 Sec. 2605-550. Transfer of realty to State agency;
3 acquisition of federal land. 12. To transfer jurisdiction of
4 any realty title to which is held by the State of Illinois
5 under the control of the Department to any other department
6 of the State government or to the State Employees Housing
7 Commission, or to acquire or accept federal land, when the
8 such transfer, acquisition, or acceptance is advantageous to
9 the State and is approved in writing by the Governor.
10 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
11 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; 90-590, eff.
12 1-1-00; 90-655, eff. 7-30-98; 90-793, eff. 8-14-98; revised
13 10-6-98.)
14 (20 ILCS 2705/Art. 2705 heading new)
15 ARTICLE 2705. DEPARTMENT OF TRANSPORTATION
16 (20 ILCS 2705/2705-1 new)
17 Sec. 2705-1. Article short title. This Article 2705 of
18 the Civil Administrative Code of Illinois may be cited as the
19 Department of Transportation Law.
20 (20 ILCS 2705/2705-5 new)
21 Sec. 2705-5. Definitions. In this Law:
22 "Department" means the Department of Transportation.
23 "Secretary" means the Secretary of Transportation.
24 (20 ILCS 2705/2705-10 new)
25 (was 20 ILCS 2705/49, in part) (from Ch. 127, par. 49)
26 Sec. 2705-10. Powers, generally. The Department of
27 Transportation has the powers enumerated in the following
28 Sections 49.01a through 49.31.
29 (Source: P.A. 86-610.)
HB0236 Engrossed -404- LRB9100031DJcdA
1 (20 ILCS 2705/2705-15 new)
2 (was 20 ILCS 2705/49, in part, and 2705/49.23) (from Ch.
3 127, pars. 49 and 49.23)
4 Sec. 2705-15. Administrative organization. (a) 49. The
5 Secretary of the Department of Transportation may create and
6 establish offices, divisions, and administrative units as
7 necessary for the efficient administration and operation of
8 the Department and may assign functions, powers, and duties
9 to the several offices, divisions, and administrative units
10 in the Department.
11 (b) The Department has the power 49.23. to establish the
12 such administrative organization within the Department that
13 as is required to carry out the powers, duties, and functions
14 of the Department and best utilize the personnel, skills,
15 facilities, and resources of the Department and, its offices,
16 divisions, and agencies.
17 (Source: P.A. 77-153; 86-610.)
18 (20 ILCS 2705/2705-90 new)
19 (was 20 ILCS 2705/49.31) (from Ch. 127, par. 49.31)
20 Sec. 2705-90. Criminal history record information from
21 Department of State Police. 49.31. Whenever the Department is
22 authorized or required by law to consider some aspect of
23 criminal history record information for the purpose of
24 carrying out its statutory powers and responsibilities, then,
25 upon request and payment of fees in conformance with the
26 requirements of subsection 22 of Section 2605-400 55a of the
27 Department of State Police Law (20 ILCS 2605/2605-400) "The
28 Civil Administrative Code of Illinois", the Department of
29 State Police is authorized to furnish, pursuant to positive
30 identification, the such information contained in State files
31 that as is necessary to fulfill the request.
32 (Source: P.A. 86-610.)
HB0236 Engrossed -405- LRB9100031DJcdA
1 (20 ILCS 2705/2705-100 new)
2 (was 20 ILCS 2705/49.01a) (from Ch. 127, par. 49.01a)
3 Sec. 2705-100. Aeronautics; transfer from Department of
4 Aeronautics. The Department has the power 49.01a. to
5 exercise, administer, and enforce, through a Division of
6 Aeronautics, all rights, powers, and duties vested in the
7 Department of Aeronautics by the Illinois Aeronautics Act.
8 The Department has the power "An Act relating to aeronautics
9 and repealing a certain act herein named", approved July 24,
10 1945, as amended, and to regulate and supervise aeronautics
11 in this State and to administer and enforce all laws of this
12 State pertaining to aeronautics.
13 (Source: P.A. 78-479.)
14 (20 ILCS 2705/2705-105 new)
15 (was 20 ILCS 2705/49.06a) (from Ch. 127, par. 49.06a)
16 Sec. 2705-105. Bridge and ferry operation; transfer from
17 Department of Public Works and Buildings. The Department has
18 the power 49.06a. to exercise, administer, and enforce the
19 rights, powers, and duties vested in the Department of Public
20 Works and Buildings by any law relating to the operation of
21 bridges and ferries.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 2705/2705-110 new)
24 (was 20 ILCS 2705/49.07a) (from Ch. 127, par. 49.07a)
25 Sec. 2705-110. Motor vehicles; transfer from Department
26 of Public Works and Buildings. The Department has the power
27 49.07a. to exercise, administer, and enforce all rights,
28 powers, and duties vested in the Department of Public Works
29 and Buildings by the "Illinois Vehicle Code," approved
30 September 29, 1969, as amended or any law relating to motor
31 vehicles.
32 (Source: P.A. 77-153.)
HB0236 Engrossed -406- LRB9100031DJcdA
1 (20 ILCS 2705/2705-115 new)
2 (was 20 ILCS 2705/49.08a) (from Ch. 127, par. 49.08a)
3 Sec. 2705-115. Roads and bridges; transfer from
4 Department of Public Works and Buildings. The Department has
5 the power 49.08a. to exercise, administer, and enforce all
6 rights, powers, and duties vested in the Department of Public
7 Works and Buildings by the "Illinois Highway Code", approved
8 June 8, 1959, as amended, and any other law relating to
9 roads, streets, and bridges and toll highways.
10 (Source: P.A. 77-153.)
11 (20 ILCS 2705/2705-120 new)
12 (was 20 ILCS 2705/49.11) (from Ch. 127, par. 49.11)
13 Sec. 2705-120. Transfer of other rights, powers, and
14 duties from Department of Public Works and Buildings. The
15 Department has the power 49.11. to exercise all rights,
16 powers, and duties vested by law in the Department of Public
17 Works and Buildings and in the Director of Public Works and
18 Buildings not otherwise expressly transferred to and vested
19 in another department.
20 (Source: P.A. 77-153.)
21 (20 ILCS 2705/2705-125 new)
22 (was 20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
23 Sec. 2705-125. Safety inspection of motor vehicles;
24 transfer from various State agencies. The Department has the
25 power 49.22. to administer, exercise, and enforce the rights,
26 powers, and duties presently vested in the Department of
27 State Police and the Division of State Troopers under the
28 "Illinois Vehicle Inspection Law," in the Illinois Commerce
29 Commission, in the State Board of Education, and in the
30 Secretary of State under laws relating to the safety
31 inspection of motor vehicles operated by common carriers, of
32 school buses, and of motor vehicles used in the
HB0236 Engrossed -407- LRB9100031DJcdA
1 transportation of school children and motor vehicles used in
2 driver training schools for hire licensed under Article IV of
3 "the Illinois Driver Licensing Law", or under any other law
4 relating to the safety inspection of motor vehicles of the
5 second division as defined in "the Illinois Vehicle Code".
6 (Source: P.A. 84-25.)
7 (20 ILCS 2705/2705-175 new)
8 (was 20 ILCS 2705/49.24) (from Ch. 127, par. 49.24)
9 Sec. 2705-175. State employees; effect of transfer to
10 Department. 49.24. The transfer to the Department of
11 Transportation of employees of the Department of Public Works
12 and Buildings, or of any other department, office, or agency
13 of the State, shall not affect the status of those such
14 employees under civil service, merit service, the "Personnel
15 Code", or other laws relating to State employees.
16 (Source: P.A. 77-153.)
17 (20 ILCS 2705/2705-200 new)
18 (was 20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
19 Sec. 2705-200. 49.16. Master plan; reporting
20 requirements.
21 (a) The Department has the power to develop and maintain
22 a continuing, comprehensive, and integrated planning process
23 that which shall develop and periodically revise a statewide
24 master plan for transportation to guide program development
25 and to foster efficient and economical transportation
26 services in ground, air, water, and all other modes of
27 transportation throughout the State. The Department shall
28 coordinate its transportation planning activities with those
29 of other State agencies and authorities, and shall supervise
30 and review any transportation planning performed by other
31 Executive agencies under the direction of the Governor. The
32 Department shall cooperate and participate with federal,
HB0236 Engrossed -408- LRB9100031DJcdA
1 regional, interstate, State, and local agencies, in
2 accordance with Sections 5-301 and 7-301 of the Illinois
3 Highway Code, and with interested private individuals and
4 organizations, in the coordination of plans and policies for
5 development of the state's transportation system.
6 To meet the provisions of this Section, the Department
7 shall publish and deliver to the Governor and General
8 Assembly by January 1, 1982 and every 2 years thereafter, its
9 master plan for highway, waterway, aeronautic, mass
10 transportation, and railroad systems. The plan shall
11 identify priority subsystems or components of each system
12 that which are critical to the economic and general welfare
13 of the State regardless of public jurisdictional
14 responsibility or private ownership.
15 The master plan shall provide particular emphasis and
16 detail of the 5 year period in the immediate future.
17 Annual and 5 year project programs for each State system
18 in this Section shall be published and furnished the General
19 Assembly on the first Wednesday in April of each year.
20 Identified needs included in the project programs shall
21 be listed and mapped in a distinctive fashion to clearly
22 identify the priority status of the projects: (1) projects to
23 be committed for execution; (2) tentative projects that which
24 which are not programmed due to lack of
26 funding or other constraints.
27 All projects shall be related to the priority systems of
28 the master plan, and the priority criteria identified. Cost
29 and estimated completion dates shall be included for work
30 required to complete a useable segment or component beyond
31 the 5 year period of the program.
32 (b) The Department shall publish and deliver to the
33 Governor and General Assembly on the first Wednesday in April
34 of each year a 5-year Highway Improvement Program reporting
HB0236 Engrossed -409- LRB9100031DJcdA
1 the number of fiscal years each project has been on previous
2 5-year plans submitted by the Department.
3 (c) The Department shall publish and deliver to the
4 Governor and the General Assembly by November 1 of each year
5 a For the Record report that shall include the following:
6 (1) All the projects accomplished in the previous
7 fiscal year listed by each Illinois Department of
8 Transportation District.; and
9 (2) The award cost and the beginning dates of each
10 listed project.
11 (Source: P.A. 90-277, eff. 1-1-98.)
12 (20 ILCS 2705/2705-205 new)
13 (was 20 ILCS 2705/49.21) (from Ch. 127, par. 49.21)
14 Sec. 2705-205. Study of demand for transportation. The
15 Department has the power, 49.21. in cooperation with State
16 universities and other research oriented institutions, to
17 study the extent and nature of the demand for transportation
18 and to collect and assemble information regarding the most
19 feasible, technical and socio-economic solutions for meeting
20 that demand and the costs thereof. The Department has the
21 power to report to the Governor and the General Assembly, by
22 February 15 of each odd-numbered year, the results of the
23 such study and recommendations based on the study thereon.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader, and the Clerk of the House of
27 Representatives and the President, the Minority Leader, and
28 the Secretary of the Senate and the Legislative Research
29 Unit, as required by Section 3.1 of "An Act to revise the law
30 in relation to the General Assembly Organization Act",
31 approved February 25, 1874, as amended, and by filing such
32 additional copies with the State Government Report
33 Distribution Center for the General Assembly as is required
HB0236 Engrossed -410- LRB9100031DJcdA
1 under paragraph (t) of Section 7 of the State Library Act.
2 (Source: P.A. 84-1438.)
3 (20 ILCS 2705/2705-210 new)
4 (was 20 ILCS 2705/49.15) (from Ch. 127, par. 49.15)
5 Sec. 2705-210. Traffic control and prevention of
6 accidents. The Department has the power 49.15. to develop,
7 consolidate, and coordinate effective programs and activities
8 for the advancement of driver education, for the facilitation
9 of the movement of motor vehicle traffic, and for the
10 protection and conservation of life and property on the
11 streets and highways of this State and to advise, recommend,
12 and consult with the several departments, divisions, boards,
13 commissions, and other agencies of this State in regard to
14 those such programs and activities. The Department has the
15 power and to aid and assist the counties, cities, towns, and
16 other political subdivisions of this State in the control of
17 traffic and the prevention of traffic accidents. That Such
18 aid and assistance to counties, cities, towns, and other
19 political subdivisions of this State shall include assistance
20 with regard to planning, traffic flow, light synchronizing,
21 preferential lanes for carpools, and carpool parking
22 allocations.
23 (Source: P.A. 80-1016.)
24 (20 ILCS 2705/2705-215 new)
25 (was 20 ILCS 2705/49.27) (from Ch. 127, par. 49.27)
26 Sec. 2705-215. 49.27. Cooperative utilization of
27 equipment and services of governmental entities and
28 not-for-profit organizations for the transportation needs in
29 public service programs.
30 (a) The Department is directed to encourage and assist
31 governmental entities, not-for-profit corporations, and
32 nonprofit community service associations, between or among
HB0236 Engrossed -411- LRB9100031DJcdA
1 themselves, in the development of reasonable utilization of
2 transportation equipment and operational service in
3 satisfying the general and specialized public transportation
4 needs.
5 The Department shall develop and encourage cooperative
6 development, among all entities, of programs promoting
7 efficient service and, conservation of capital investment and
8 energy; and shall assist all entities in achieving their
9 goals and in their applications for transportation grants
10 under appropriate State or federal programs.
11 (b) Implementation of cooperative programs is to be
12 developed within the meaning of the provisions of the
13 "Intergovernmental Cooperation Act", approved October 1,
14 1973, as amended. In the circumstances of nongovernmental
15 entities, the Department shall be guided by that such Act and
16 any other State law in encouraging the such cooperative
17 programs between those such entities.
18 (c) The Department shall report to the members of the
19 General Assembly, by March 1 of each year, its successes,
20 failures and progress in achieving the intent of this
21 Section. The report shall also include identification of
22 problems as well as the Department's its recommendations.
23 (Source: P.A. 81-1404.)
24 (20 ILCS 2705/2705-225 new)
25 (was 20 ILCS 2705/49.02a) (from Ch. 127, par. 49.02a)
26 Sec. 2705-225. Air transportation for State officers and
27 employees. 49.02a. The Department of Transportation may
28 provide air transportation for officers and employees of the
29 offices, departments, and agencies of the State government,
30 and charge the such office, department, or agency for that
31 such transportation. Charges for the such transportation
32 shall not exceed the expenses incurred and costs involved in
33 providing air transportation, and may include expenses for
HB0236 Engrossed -412- LRB9100031DJcdA
1 equipment, personnel, and operational expenses.
2 All requests for air transportation shall be made in
3 writing and shall be signed by the executive officer or
4 employee of the office, department, or agency.
5 Except as provided herein, all requests shall be filled
6 in the following priority: (1) the Governor, (2) the
7 Lieutenant Governor, (3) the legislative leaders of the
8 General Assembly, specifically, the President and minority
9 leader of the Senate and the Speaker and minority leader of
10 the House of Representatives, (4) the Judges of the Supreme
11 Court, (5) the Attorney General, (6) the Secretary of State,
12 (7) the Comptroller, (8) the Treasurer, (9) other members of
13 the General Assembly; and thereafter as provided by the
14 Department of Transportation.
15 (Source: P.A. 84-994; 84-1101.)
16 (20 ILCS 2705/2705-240 new)
17 (was 20 ILCS 2705/49.17) (from Ch. 127, par. 49.17)
18 Sec. 2705-240. Grants for capital assistance. The
19 Department has the power 49.17. to administer the allocation
20 of State monies appropriated as grants for capital assistance
21 purposes in the manner prescribed by law. No transportation
22 program administered by any other Executive agency under the
23 direction of the Governor or project undertaken thereunder
24 shall be eligible for capital assistance from the State until
25 that such program and project have been approved by the
26 Department.
27 (Source: P.A. 77-153.)
28 (20 ILCS 2705/2705-245 new)
29 (was 20 ILCS 2705/49.20) (from Ch. 127, par. 49.20)
30 Sec. 2705-245. Inspection of property and records of
31 applicants for and recipients of assistance. 49.20. The
32 Department at reasonable times may inspect the property and
HB0236 Engrossed -413- LRB9100031DJcdA
1 examine the books, records, and other information relating to
2 the nature or adequacy of services, facilities, or equipment
3 of any municipality, district, or carrier that which is
4 receiving or has applied for assistance under this Law Act.
5 It may conduct investigations and hold hearings within or
6 without the State. This Section shall not affect the
7 regulatory power of any other State or local agency with
8 respect to transportation rates and services. Annual
9 statements of assets, revenues, and expenses and annual audit
10 reports shall be submitted to the Department by each
11 municipality, district, or carrier receiving or applying for
12 capital assistance from the State.
13 (Source: P.A. 77-153.)
14 (20 ILCS 2705/2705-255 new)
15 (was 20 ILCS 2705/49.14) (from Ch. 127, par. 49.14)
16 Sec. 2705-255. Appropriations from Build Illinois Bond
17 Fund and Build Illinois Purposes Fund. 49.14. Any expenditure
18 of funds by the Department for interchanges, for access roads
19 to and from any State or local highway in Illinois, or for
20 other transportation capital improvements related to an
21 economic development project pursuant to appropriations to
22 the Department from the Build Illinois Bond Fund and the
23 Build Illinois Purposes Fund shall be used for funding
24 improvements related to existing or planned scientific,
25 research, manufacturing, or industrial development or
26 expansion in Illinois. In addition, the Department may use
27 those such funds to encourage and maximize public and private
28 participation in those such improvements. The Department
29 shall consult with the Department of Commerce and Community
30 Affairs prior to expending any funds for those such purposes
31 pursuant to appropriations from the Build Illinois Bond Fund
32 and the Build Illinois Purposes Fund.
33 (Source: P.A. 84-109.)
HB0236 Engrossed -414- LRB9100031DJcdA
1 (20 ILCS 2705/2705-265 new)
2 (was 20 ILCS 2705/49.33)
3 Sec. 2705-265. 49.33. Use of coal combustion
4 by-products. The Department shall, where economically
5 feasible and safe, foster the use of coal combustion
6 by-products by specifying usage of these by-products in road
7 building materials and by developing and including
8 specifications for their use in beds, fills, backfills,
9 trenches, and embankments.
10 (Source: P.A. 89-93, eff. 7-6-95.)
11 (20 ILCS 2705/2705-275 new)
12 (was 20 ILCS 2705/49.25j) (from Ch. 127, par. 49.25j)
13 Sec. 2705-275. Grants for airport facilities. 49.25j. The
14 Department may make grants to municipalities and airport
15 authorities for the renovation, construction, and development
16 of airport facilities. The Such grants may be made from funds
17 appropriated for that such purpose from the Build Illinois
18 Bond Fund or the Build Illinois Purposes Fund, created by the
19 84th General Assembly.
20 (Source: P.A. 84-109.)
21 (20 ILCS 2705/2705-285 new)
22 (was 20 ILCS 2705/49.06b) (from Ch. 127, par. 49.06b)
23 Sec. 2705-285. Ports and waterways. The Department has
24 the power 49.06b. to undertake port and waterway development
25 planning and studies of port and waterway development
26 problems and to provide technical assistance to port
27 districts and units of local government in connection with
28 port and waterway development activities. The Department may
29 provide financial assistance for the ordinary and contingent
30 expenses of port districts upon the such terms and conditions
31 that as the Department finds necessary to aid in the
32 development of those such districts.
HB0236 Engrossed -415- LRB9100031DJcdA
1 The Department shall coordinate all its activities under
2 this Section with the Department of Commerce and Community
3 Affairs.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 2705/2705-300 new)
6 (was 20 ILCS 2705/49.18) (from Ch. 127, par. 49.18)
7 Sec. 2705-300. 49.18. Powers concerning mass
8 transportation. The Department has the power to do the
9 following:
10 (1) To Advise and assist the Governor and the General
11 Assembly in formulating (i) (a) a mass transportation policy
12 for the State, (ii); (b) proposals designed to help meet and
13 resolve special problems of mass transportation within the
14 State,; and (iii) (c) programs of assistance for the
15 comprehensive planning, development, and administration of
16 mass transportation facilities and services.;
17 (2) To Appear and participate in proceedings before any
18 federal, State, or local regulatory agency involving or
19 affecting mass transportation in the State.;
20 (3) To Study mass transportation problems and provide
21 technical assistance to units of local government.;
22 (4) To Encourage experimentation in developing new mass
23 transportation facilities and services.;
24 (5) To Recommend policies, programs, and actions
25 designed to improve utilization of mass transportation
26 services.;
27 (6) To Cooperate with mass transit districts and
28 systems, local governments, and other State agencies in
29 meeting those problems of air, noise, and water pollution
30 associated with transportation.;
31 (7) To Participate fully in a statewide effort to
32 improve transport safety.;
33 (8) To Conduct by contract or otherwise technical
HB0236 Engrossed -416- LRB9100031DJcdA
1 studies, and demonstration and development projects which
2 shall be designed to test and develop methods for increasing
3 public use of mass transportation and for providing mass
4 transportation in an efficient, coordinated, and convenient
5 manner.;
6 (9) To Make applications for, to receive, and to make
7 use of grants for mass transportation.;
8 (10) To Make grants for mass transportation from the
9 Transportation Fund pursuant to the standards and procedures
10 of Sections 2705-305 49.19 and 2705-310 49.19a.
11 (Source: P.A. 81-1464.)
12 (20 ILCS 2705/2705-305 new)
13 (was 20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
14 Sec. 2705-305. 49.19. Grants for mass transportation.
15 (a) (1) For the purpose of mass transportation grants
16 and contracts, the following definitions apply:
17 (a) "Mass Transportation" means transportation provided
18 within the State of Illinois by rail, bus, or other
19 conveyance, available to the general public on a regular and
20 continuing basis including the transportation of handicapped
21 or elderly persons as provided more specifically in Section
22 49.19a of this Act.
23 (b) "Carrier" means any corporation, authority,
24 partnership, association, person, or district authorized to
25 provide mass transportation within the State.
26 (c) "Facilities" comprise all real and personal property
27 used in or appurtenant to a mass transportation system,
28 including parking lots.
29 (d) "Unit of local government" means any city, village,
30 incorporated town, or county.
31 (e) "District" means all of the following:
32 (i) Any district created pursuant to the "Local
33 Mass Transit District Act.", approved July 21, 1959, as
HB0236 Engrossed -417- LRB9100031DJcdA
1 amended;
2 (ii) The Authority created pursuant to the
3 "Metropolitan Transit Authority Act.", approved April 12,
4 1945, as amended;
5 (iii) Any authority, commission, or other entity
6 that which by virtue of an interstate compact approved by
7 Congress is authorized to provide mass transportation.;
8 (iv) The Authority created pursuant to the
9 "Regional Transportation Authority Act".
10 "Facilities" comprise all real and personal property used
11 in or appurtenant to a mass transportation system, including
12 parking lots.
13 "Mass transportation" means transportation provided
14 within the State of Illinois by rail, bus, or other
15 conveyance and available to the general public on a regular
16 and continuing basis, including the transportation of
17 handicapped or elderly persons as provided more specifically
18 in Section 2705-310.
19 "Unit of local government" means any city, village,
20 incorporated town, or county.
21 (b) (2) Grants may be made to units of local government,
22 districts, and carriers for the acquisition, construction,
23 extension, reconstruction, and improvement of mass
24 transportation facilities. Grants shall be made upon the such
25 as in the judgment of the
26 Secretary are necessary to ensure their proper and effective
27 utilization.
28 (c) (3) The Department shall make grants under this Law
29 Act in a manner designed, so far as is consistent with the
30 maintenance and development of a sound mass transportation
31 system within the State, to: (i) (a) maximize federal funds
32 for the assistance of mass transportation in Illinois under
33 the Federal Transit Act and other federal Acts; (ii) (b)
34 facilitate the movement of persons who because of age,
HB0236 Engrossed -418- LRB9100031DJcdA
1 economic circumstance, or physical infirmity are unable to
2 drive; (iii) (c) contribute to an improved environment
3 through the reduction of air, water, and noise pollution; and
4 (iv) (d) reduce traffic congestion.
5 (d) (4) The Secretary shall establish procedures for
6 making application for mass transportation grants. The Such
7 procedures shall provide for public notice of all
8 applications and give reasonable opportunity for the
9 submission of comments and objections by interested parties.
10 The procedures shall be designed with a view to facilitating
11 simultaneous application for a grant to the Department and to
12 the federal government.
13 (e) (5) Grants may be made for mass transportation
14 projects as follows:
15 (1) (a) In an amount not to exceed 100% of the
16 nonfederal share of projects for which a federal grant is
17 made.;
18 (2) (b) In an amount not to exceed 100% of the net
19 project cost for projects for which a federal grant is
20 not made.;
21 (3) (c) In an amount not to exceed five-sixths of
22 the net project cost for projects essential for the
23 maintenance of a sound transportation system and eligible
24 for federal assistance for which a federal grant
25 application has been made but a federal grant has been
26 delayed. If and when a federal grant is made, the amount
27 in excess of the nonfederal share shall be promptly
28 returned to the Department.
29 In no event shall the Department make a grant that which,
30 together with any federal funds or funds from any other
31 source, is in excess of 100% of the net project cost.
32 (f) (6) Regardless of whether any funds are available
33 under a federal grant, the Department shall not make a mass
34 transportation grant unless the Secretary finds that the
HB0236 Engrossed -419- LRB9100031DJcdA
1 recipient has entered into an agreement with the Department
2 in which the recipient agrees not to engage in school bus
3 operations exclusively for the transportation of students and
4 school personnel in competition with private school bus
5 operators where those such private school bus operators are
6 able to provide adequate transportation, at reasonable rates,
7 in conformance with applicable safety standards, provided
8 that this requirement shall not apply to a recipient that
9 which operates a school system in the area to be served and
10 operates a separate and exclusive school bus program for the
11 school system.
12 (g) (7) Grants may be made for mass transportation
13 purposes with funds appropriated from the Build Illinois Bond
14 Fund or the Build Illinois Purposes Fund, created by the 84th
15 General Assembly, consistent with the specific purposes for
16 which those such funds are appropriated by the General
17 Assembly. Grants under this subsection (g) (7) are not
18 subject to any limitations or conditions imposed upon grants
19 by any other provision of this Section, except that the
20 Secretary may impose the such terms and conditions that as in
21 his or her judgment are necessary to ensure the proper and
22 effective utilization of the grants under this subsection.
23 (h) (8) The Department may let contracts for mass
24 transportation purposes and facilities for the purpose of
25 reducing urban congestion funded in whole or in part with
26 bonds described in subdivision subsection (b)(1) of Section 4
27 of the General Obligation Bond Act, not to exceed $75,000,000
28 in bonds.
29 (i) (9) The Department may make grants to carriers,
30 districts, and units of local government for the purpose of
31 reimbursing them for providing reduced fares for mass
32 transportation services for students, handicapped persons and
33 the elderly. Grants shall be made upon the such terms and
34 conditions that as in the judgment of the Secretary are
HB0236 Engrossed -420- LRB9100031DJcdA
1 necessary to ensure their proper and effective utilization.
2 (Source: P.A. 90-774, eff. 8-14-98.)
3 (20 ILCS 2705/2705-310 new)
4 (was 20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
5 Sec. 2705-310. 49.19a. Grants for transportation for
6 handicapped persons.
7 (a) (1) For the purposes of this Section, the following
8 definitions apply:
9 (a) "Carrier" means a district or a not for profit
10 corporation providing mass transportation for handicapped
11 persons on a regular and continuing basis.
12 (b) "Unit of local government", "district" and
13 "facilities" have the meanings ascribed to them in Section
14 49.19.
15 (c) "Handicapped person" means any individual who, by
16 reason of illness, injury, age, congenital malfunction, or
17 other permanent or temporary incapacity or disability, is
18 unable without special mass transportation facilities or
19 special planning or design to utilize ordinary mass
20 transportation facilities and services as effectively as
21 persons who are not so affected.
22 "Unit of local government", "district", and "facilities"
23 have the meanings ascribed to them in Section 2705-305.
24 (b) (2) The Department may make grants from the
25 Transportation Fund and the General Revenue Fund (i) to units
26 of local government, districts, and carriers for vehicles,
27 equipment, and the acquisition, construction, extension,
28 reconstruction, and improvement of mass transportation
29 facilities for handicapped persons, and (ii) during State
30 fiscal years 1986 and 1987, to the Regional Transportation
31 Authority for operating assistance for mass transportation
32 for mobility limited handicapped persons, including
33 paratransit services for the mobility limited. The Such
HB0236 Engrossed -421- LRB9100031DJcdA
1 grants shall be made upon the such terms and conditions that
2 as in the judgment of the Secretary are necessary to ensure
3 their proper and effective utilization. The procedures,
4 limitations, and safeguards provided in Section 2705-305
5 49.19 of this Act to govern grants for mass transportation
6 shall apply to grants made under this Section.
7 For the efficient administration of grants, the
8 Department, on behalf of grant recipients under this Section
9 and on behalf of recipients receiving funds under Sections
10 5309 and 5311 of the Federal Transit Act and State funds, may
11 administer and consolidate procurements and may enter into
12 contracts with manufacturers of vehicles and equipment.
13 (c) (3) The Department may make operating assistance
14 grants from the Transportation Fund to those carriers that,
15 during federal fiscal year 1986, directly received operating
16 assistance pursuant to Section 5307 or Section 5311 of the
17 Federal Transit Act, or under contracts with a unit of local
18 government or mass transit district that received operating
19 expenses under Section 5307 or Section 5311 of the Federal
20 Transit Act, to provide public paratransit services to the
21 general mobility limited population. The Secretary shall
22 take into consideration the reduction in federal operating
23 expense grants to carriers when considering the such grant
24 applications. The procedures, limitations, and safeguards
25 provided in Section 2705-305 49.19 of this Act to govern
26 grants for mass transportation shall apply to grants made
27 under this Section.
28 (Source: P.A. 90-774, eff. 8-14-98.)
29 (20 ILCS 2705/2705-315 new)
30 (was 20 ILCS 2705/49.19b) (from Ch. 127, par. 49.19b)
31 Sec. 2705-315. 49.19b. Grants for passenger security.
32 The Department may make grants from the Transportation Fund
33 and the General Revenue Fund to the Regional Transportation
HB0236 Engrossed -422- LRB9100031DJcdA
1 Authority created under the Regional Transportation Authority
2 Act to be used to provide protection against crime for the
3 consumers of public transportation, and for the employees and
4 facilities of public transportation providers, in the
5 metropolitan region. The Such grants may be used (1) to
6 provide that such protection directly, or (2) to contract
7 with any municipality or county in the metropolitan region to
8 provide that such protection, or (3) except for the Chicago
9 Transit Authority created under the Metropolitan Transit
10 Authority Act, to contract with a private security agency to
11 provide that such protection.
12 The Such grants shall be made upon the such terms and
13 conditions that as in the judgment of the Secretary are
14 necessary to ensure their proper and effective utilization.
15 The procedures provided in Section 2705-305 49.19 of this Act
16 49.26. Intercity bus service assistance.
22 For the purposes of providing intercity bus passenger service
23 and the promotion of an efficient intercity bus passenger
24 system within this State as authorized by Section 22 of the "
25 ", as amended, the
26 Department is authorized to enter into agreements with any
27 carrier. The cost related to the such services shall be borne
28 in the such proportion that as, by agreement or contract, the
29 parties may determine; provided, however, that no State
30 monies shall be expended for those such purposes.
31 (Source: P.A. 81-326.)
32 (20 ILCS 2705/2705-375 new)
HB0236 Engrossed -423- LRB9100031DJcdA
1 (was 20 ILCS 2705/49.34)
2 Sec. 2705-375. 49.34. The Meigs Users Advisory
3 Committee.
4 (a) The Meigs Users Advisory Committee is hereby
5 created. The Meigs Users Advisory Committee shall be
6 composed of the following members: (i) 4 members appointed by
7 the Governor with the advice and consent of the Senate, 2 of
8 whom shall have extensive knowledge of business and corporate
9 aviation and 2 of whom shall have extensive knowledge of
10 general aviation; (ii) 4 members appointed by the Mayor of
11 the City of Chicago, all of whom shall have extensive
12 knowledge of general aviation; (iii) 4 members of the General
13 Assembly, one each appointed by the President of the Senate,
14 the Speaker of the House, the Minority Leader of the Senate,
15 and the Minority Leader of the House; and (iv) the Secretary
16 of Transportation or his or her designee, who shall serve as
17 Chairperson. The members appointed by the Governor and the
18 Mayor shall be users of Meigs Field.
19 (b) (1) The Secretary of Transportation or his or her
20 designee shall serve during the Secretary's term of
21 office.
22 (2) Members of the committee appointed under
23 subdivision (a)(iii) shall serve for their terms of
24 office, except that no such appointment shall be for a
25 term of more than 3 years. If a committee member who was
26 appointed under subdivision (a)(iii) ceases to be a
27 member of the chamber of the General Assembly from which
28 the member was appointed, he or she shall be replaced in
29 accordance with the method for filling vacancies.
30 (3) The initial members of the committee who are
31 appointed by the Mayor of the City of Chicago shall be
32 appointed as follows: one shall be appointed for a term
33 of one year, 2 shall be appointed for terms of 2 years,
34 and one shall be appointed for a term of 3 years. After
HB0236 Engrossed -424- LRB9100031DJcdA
1 the expiration of the initial terms, all members of the
2 committee who are appointed by the Mayor of the City of
3 Chicago shall be appointed for terms of 3 years.
4 (4) The initial members of the committee who are
5 appointed by the Governor shall be appointed as follows:
6 one shall be appointed for a term of one year, one shall
7 be appointed for a term of 2 years, and 2 shall be
8 appointed for terms of 3 years. After the expiration of
9 the initial terms, all members of the committee who are
10 appointed by the Governor shall be appointed for terms of
11 3 years.
12 (5) Any member of the committee is eligible for
13 reappointment unless he or she no longer meets the
14 applicable qualifications. All members appointed to serve
15 on the committee shall serve until their respective
16 successors are appointed and confirmed. Vacancies shall
17 be filled in the same manner as original appointments.
18 (6) If a vacancy in membership under subdivision
19 (a)(i) occurs at a time when the Senate is not in
20 session, the Governor shall make a temporary appointment
21 until the next meeting of the Senate, when he or she
22 shall appoint, by and with the advice and consent of the
23 Senate, a person to fill that membership for the
24 unexpired term. If the Senate is not in session when the
25 initial appointments are made, those appointments shall
26 be made as in the case of vacancies.
27 (7) The committee shall be deemed established on
28 the date that a majority of the total number of members
29 has been appointed, regardless of whether any of those
30 initial members are then serving pursuant to appointment
31 and confirmation or pursuant to temporary appointments
32 that are made by the Governor as in the case of
33 vacancies.
34 (c) The Committee shall have the power to inspect all
HB0236 Engrossed -425- LRB9100031DJcdA
1 books, records, contracts, financial data, agreements, and
2 documents relating to the operation and maintenance of Meigs
3 Field, including, without limitation, as-built plans for all
4 buildings, runways, taxiways, and aprons, the control tower,
5 terminal, and all related facilities, all security
6 agreements, fire protection agreements, airline agreements,
7 FOB agreements, concessionaire agreements, rental/lease
8 agreements, service agreements, financial data and budget
9 reports including revenues and expenditures, and any and all
10 studies or plans regarding the land use of Meigs Field.
11 (d) The chairperson shall give notice to the members of
12 the time and place for every meeting. The members of the
13 committee shall receive no compensation or reimbursement of
14 expenses in the performance of their duties. The Committee
15 shall review and hold public hearings on any proposals or
16 actions affecting the operation of Meigs Field. The
17 Committee shall issue recommendations to the Governor, the
18 Mayor of the City of Chicago, and the General Assembly with
19 regard to these proposals or actions and any other matters
20 concerning the operation of Meigs Field.
21 (Source: P.A. 90-6, eff. 6-3-97.)
22 (20 ILCS 2705/2705-400 new)
23 (was 20 ILCS 2705/49.25a) (from Ch. 127, par. 49.25a)
24 Sec. 2705-400. 49.25a. Authorization concerning rail
25 assistance funds. The Department is hereby authorized to
26 exercise those powers necessary for the State to qualify for
27 rail assistance funds pursuant to the provisions of the
28 federal Regional Rail Reorganization Act of 1973, the
29 Railroad Revitalization and Regulatory Reform Act of 1976, as
30 amended, or other relevant federal or State legislation,
31 including but not limited to authority to do the following:
32 (1) to Establish a State plan for rail transportation
33 and local rail services, including projects funded under
HB0236 Engrossed -426- LRB9100031DJcdA
1 Section 2705-435. 49.25g-1;
2 (2) to Administer and coordinate the State plan.;
3 (3) to Provide in the plan for the equitable
4 distribution of federal rail assistance funds among State,
5 local, and regional transportation authorities.;
6 (4) to Develop or assist the development of local or
7 regional rail plans.;
8 (5) to Promote, supervise, and support safe, adequate,
9 and efficient rail services in accordance with the provisions
10 and limitations of Public this amendatory Act 79-834.;
11 (6) to Employ sufficient trained and qualified personnel
12 for these purposes.;
13 (7) to Maintain, in accordance with the provisions and
14 limitations of Public this amendatory Act 79-834, adequate
15 programs of investigation, research, promotion, and
16 development in connection with these such purposes and to
17 provide for public hearings.;
18 (8) to Provide satisfactory assurances on behalf of the
19 State that such fiscal control and fund accounting procedures
20 will be adopted by the State that as may be necessary to
21 ensure assure proper disbursement of and account for federal
22 funds paid to the State as rail assistance.;
23 (9) to Comply with the regulations of the Secretary of
24 Transportation of the United States Department of
25 Transportation affecting federal rail assistance funds.;
26 (10) to Review all impending rail abandonments and to
27 provide its recommendations on those abandonments thereon to
28 the Interstate Commerce Commission.
29 (Source: P.A. 84-111; 84-292.)
30 (20 ILCS 2705/2705-405 new)
31 (was 20 ILCS 2705/49.25b) (from Ch. 127, par. 49.25b)
32 Sec. 2705-405. Preparation of State Rail Plan. 49.25b. In
33 preparation of the State Rail Plan under Section 2705-400
HB0236 Engrossed -427- LRB9100031DJcdA
1 49.25a, the Department shall consult with recognized railroad
2 labor organizations, the Department of Commerce and Community
3 Affairs, railroad management, affected units of local
4 government, affected State agencies, and affected shipping
5 interests.
6 (Source: P.A. 84-111; 84-292.)
7 (20 ILCS 2705/2705-410 new)
8 (was 20 ILCS 2705/49.25c) (from Ch. 127, par. 49.25c)
9 Sec. 2705-410. 49.25c. Access to information. The
10 Secretary of the Department may authorize any of the
11 Department's its officers, employees, or agents to enter
12 upon, inspect, and examine, at reasonable times and in a
13 reasonable manner, the books, documents, records, equipment,
14 and property of and to request information kept in the
15 ordinary course of business from any railroad to the extent
16 necessary to carry out the powers enumerated in Sections
17 2705-400 49.25a through 2705-445 49.25i. Railroads operating
18 within the State shall provide access to those such books,
19 documents, records, equipment, and property and shall provide
20 the such information kept in the ordinary course of business
21 that as the Department may request. Should any railroad fail
22 or refuse to provide that such access or information, the
23 Secretary of the Department is hereby granted subpoena power
24 to obtain that such access and to require the production of
25 that such information. The Department shall pay the
26 reasonable costs associated with providing any such
27 information that which is not otherwise already required by
28 law. Any officer, employee, or agent of the Department
29 exercising the powers granted by this Section shall, upon
30 request, display proper credentials. The Department shall
31 exercise all necessary caution to avoid disclosure of
32 confidential information supplied under this Section.
33 (Source: P.A. 80-32.)
HB0236 Engrossed -428- LRB9100031DJcdA
1 (20 ILCS 2705/2705-415 new)
2 (was 20 ILCS 2705/49.25d) (from Ch. 127, par. 49.25d)
3 Sec. 2705-415. State Rail Plan; responsibilities of other
4 agencies. 49.25d. The State Rail Plan, in its provisions
5 concerning requiring supervision of safety aspects and other
6 railroad matters, shall not abrogate the present statutory
7 responsibilities of the Illinois Commerce Commission and
8 shall meet the requirements of the "Federal Railroad Safety
9 Act of 1970", as amended. Nothing herein shall provide for
10 or effect the transfer of responsibilities between State
11 agencies.
12 (Source: P.A. 79-834.)
13 (20 ILCS 2705/2705-420 new)
14 (was 20 ILCS 2705/49.25e) (from Ch. 127, par. 49.25e)
15 Sec. 2705-420. Copies of State Rail Plan; report. 49.25e.
16 49.25f. No funds available
31 for operating or capital assistance under Section 5 of the
32 United States Department of Transportation Act, as amended,
HB0236 Engrossed -429- LRB9100031DJcdA
1 for rail freight services in Illinois may be expended without
2 specific appropriation of those funds thereof.
3 Reimbursements for those loans that which financially
4 responsible persons are required by agreement to repay shall
5 be deposited in the State treasury as follows: (1) the
6 State's share shall be deposited in the fund from which the
7 original expenditure was made, and (2) the federal share
8 shall be deposited in the Rail Freight Loan Repayment Fund.
9 In the case of repaid funds deposited in the Rail Freight
10 Loan Repayment Fund, the Department shall have the reuse of
11 those funds and the interest accrued thereon, which shall
12 also be deposited by the State Treasurer in that such Fund,
13 as the federal share in other eligible projects. However, no
14 expenditures from the Rail Freight Loan Repayment Fund for
15 those such projects shall at any time exceed the total sum of
16 funds repaid and deposited in the Rail Freight Loan Repayment
17 Fund and interest earned by investment by the State Treasurer
18 that which the State Treasurer shall have deposited in that
19 fund.
20 (Source: P.A. 83-1301.)
21 (20 ILCS 2705/2705-430 new)
22 (was 20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g)
23 Sec. 2705-430. 49.25g. Railroad freight service
24 assistance; lines designated for discontinuation of service
25 or subject to abandonment. The Department shall enter into
26 such agreements with any railroad as necessary to provide
27 assistance for continuous freight service on lines of
28 railroads within Illinois designated for discontinuation of
29 service by the United States Railway Association Final System
30 Plan and not conveyed to a railroad company other than
31 Consolidated Rail Corporation. The Department may enter into
32 such agreements with any railroad as necessary to provide
33 assistance for continuous rail freight service on lines of
HB0236 Engrossed -430- LRB9100031DJcdA
1 railroads within Illinois subject to an abandonment
2 proceeding in the Interstate Commerce Commission or
3 classified as potentially subject to abandonment pursuant to
4 Sections 10903 through 10905 of Title 49 of the United States
5 Code or upon which a certificate of discontinuance or
6 abandonment has been issued. The Department shall make rail
7 continuation subsidy payments pursuant to the such
8 agreements. The Such agreements shall provide for a minimum
9 level of service at least equivalent to that provided in
10 calendar year 1975. The Such agreements shall conform to
11 relevant federal law. The Department shall determine that
12 all payments under this Section are eligible for federal
13 share reimbursement.
14 Any nonfederal share of the assistance provided under
15 this Section shall be provided by the Department. The State
16 share may include funds, grants, gifts, or donations from the
17 federal government, any local public body, or any person.
18 Reimbursements shall be deposited in the State fund from
19 which the assistance was paid.
20 The Department shall provide technical assistance to any
21 local public body or rail user to ensure insure that rail
22 freight services under these agreements are, to the extent
23 possible, adequate to the needs of Illinois citizens.
24 The Department shall review the effects of the rail
25 freight service assistance provided under this Section and
26 shall report the results of its review to the General
27 Assembly each year not later than March 15, reporting
28 particularly on the service provided through the such
29 assistance, the utilization of rail freight service by
30 shippers, and the cost effectiveness of this rail freight
31 service assistance program in relation to the economy of this
32 State.
33 The requirement for reporting to the General Assembly
34 shall be satisfied by filing copies of the report with the
HB0236 Engrossed -431- LRB9100031DJcdA
1 Speaker, the Minority Leader, and the Clerk of the House of
2 Representatives and the President, the Minority Leader, and
3 the Secretary of the Senate and the Legislative Research
4 Unit, as required by Section 3.1 of "An Act to revise the law
5 in relation to the General Assembly Organization Act",
6 approved February 25, 1874, as amended, and by filing such
7 additional copies with the State Government Report
8 Distribution Center for the General Assembly as is required
9 under paragraph (t) of Section 7 of the State Library Act.
10 For the purpose of promoting efficient rail freight
11 service, the Department shall have the power to either grant
12 or loan funds to any railroad or unit of local government in
13 the State to maintain, improve, and construct rail
14 facilities. The Department shall also have the power to grant
15 or loan funds to any rail users located on an abandoned line,
16 unit of local government, or an owner or lessee of an
17 abandoned railroad right-of-way to undertake substitute
18 service projects that which reduce the social, economic, and
19 environmental costs associated with the loss of a particular
20 rail freight service in a manner less expensive than
21 continuing that rail freight service. To facilitate the
22 continuation of rail freight services, the Department shall
23 have the power to purchase railroad materials and supplies.
24 (Source: P.A. 84-1438.)
25 (20 ILCS 2705/2705-435 new)
26 (was 20 ILCS 2705/49.25g-1) (from Ch. 127, par. 49.25g-1)
27 Sec. 2705-435. Loans, grants, or contracts to
28 rehabilitate, improve, or construct rail facilities; State
29 Rail Freight Loan Repayment Fund. 49.25g-1. In addition to
30 the powers under Section 105-430 49.25g, the Department shall
31 have the power to enter into agreements to loan or grant
32 State funds to any railroad, unit of local government, rail
33 user, or owner or lessee of a railroad right of way to
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1 rehabilitate, improve, or construct rail facilities.
2 For each project proposed for funding under this Section
3 the Department shall, to the extent possible, give preference
4 to cost effective projects that which facilitate continuation
5 of existing rail freight service. In the exercise of its
6 powers under this Section, the Department shall coordinate
7 its program with the industrial retention and attraction
8 programs of the Department of Commerce and Community Affairs.
9 No funds provided under this Section shall be expended for
10 the acquisition of a right of way or rolling stock or for
11 operating subsidies. The costs of a project funded under
12 this Section shall be apportioned in accordance with the
13 agreement of the parties for the project. Projects are
14 eligible for a loan or grant under this Section only when the
15 Department determines that the transportation, economic, and
16 public benefits associated with a project are greater than
17 the capital costs of that project incurred by all parties to
18 the agreement and that the such project would not have
19 occurred without its participation. In addition, a project
20 to be eligible for assistance under this Section must be
21 included in a State plan for rail transportation and local
22 rail service prepared by the Department. The Department may
23 also expend State funds for professional engineering services
24 to conduct feasibility studies of projects proposed for
25 funding under this Section, to estimate the costs and
26 material requirements for those such projects, to provide for
27 the design of those such projects, including plans and
28 specifications, and to conduct investigations to ensure
29 compliance with the project agreements.
30 The Department, acting through the Department of Central
31 Management Services, shall also have the power to let
32 contracts for the purchase of railroad materials and
33 supplies. The Department shall also have the power to let
34 contracts for the rehabilitation, improvement, or
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1 construction of rail facilities. Any such contract shall be
2 let, after due public advertisement, to the lowest
3 responsible bidder or bidders, upon terms and conditions to
4 be fixed by the Department. With regard to rehabilitation,
5 improvement, or construction contracts, the Department shall
6 also require the successful bidder or bidders to furnish good
7 and sufficient bonds to ensure proper and prompt completion
8 of the such work in accordance with the provisions of the
9 such contracts.
10 In the case of an agreement under which State funds are
11 loaned under this Section, the agreement shall provide the
12 terms and conditions of repayment. The agreement shall
13 provide for the such security that as the Department shall
14 determine to protect the State's interest. The funds may be
15 loaned with or without interest. Loaned funds that which are
16 repaid to the Department shall be deposited in a special fund
17 in the State treasury to be known as the "State Rail Freight
18 Loan Repayment Fund". In the case of repaid funds deposited
19 in the State Rail Freight Loan Repayment Fund, the Department
20 shall, subject to appropriation, have the reuse of those
21 funds and the interest accrued thereon, which shall also be
22 deposited by the State Treasurer in the such Fund, as the
23 State share in other eligible projects under this Section.
24 However, no expenditures from the State Rail Freight Loan
25 Repayment Fund for those such projects shall at any time
26 exceed the total sum of funds repaid and deposited in the
27 State Rail Freight Loan Repayment Fund and interest earned by
28 investment by the State Treasurer which the State Treasurer
29 shall have deposited in that Fund.
30 For the purposes of promoting efficient rail freight
31 service, the Department may also provide technical assistance
32 to railroads, units of local government or rail users, or
33 owners or lessees of railroad rights-of-way.
34 The Department shall take whatever actions are necessary
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1 or appropriate to protect the State's interest in the event
2 of bankruptcy, default, foreclosure, or noncompliance with
3 the terms and conditions of financial assistance or
4 participation provided hereunder, including the power to
5 sell, dispose, lease, or rent, upon terms and conditions
6 determined by the Secretary to be appropriate, real or
7 personal property that which the Department may receive as a
8 result thereof.
9 The Department is authorized to make reasonable rules and
10 regulations consistent with law necessary to carry out the
11 provisions of this Section.
12 (Source: P.A. 85-1033.)
13 (20 ILCS 2705/2705-440 new)
14 (was 20 ILCS 2705/49.25h) (from Ch. 127, par. 49.25h)
15 Sec. 2705-440. 49.25h. Intercity Rail Service.
16 (a) For the purposes of providing intercity railroad
17 passenger service within this State (or as part of service to
18 cities in adjacent states), the Department is authorized to
19 enter into agreements with units of local government, the
20 Commuter Rail Division of the Regional Transportation
21 Authority (or a public corporation on behalf of that
22 Division), architecture or engineering firms, the National
23 Railroad Passenger Corporation, any carrier, any adjacent
24 state (or political subdivision, corporation, or agency of an
25 adjacent state), or any individual, corporation, partnership,
26 or public or private entity. The cost related to such
27 services shall be borne in such proportion as, by agreement
28 or contract the parties may desire.
29 (b) In providing any intercity railroad passenger
30 service as provided in this Section, the Department shall
31 have the following additional powers:
32 (1) to enter into trackage use agreements with rail
33 carriers;
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1 (2) to enter into haulage agreements with rail
2 carriers;
3 (3) to lease or otherwise contract for use,
4 maintenance, servicing, and repair of any needed
5 locomotives, rolling stock, stations, or other
6 facilities, the lease or contract having a term not to
7 exceed 7 years (but any multi-year contract shall recite
8 that the contract is subject to termination and
9 cancellation, without any penalty, acceleration payment,
10 or other recoupment mechanism, in any fiscal year for
11 which the General Assembly fails to make an adequate
12 appropriation to cover the contract obligation);
13 (4) to enter into management agreements;
14 (5) to include in any contract indemnification of
15 carriers or other parties for any liability with regard
16 to intercity railroad passenger service;
17 (6) to obtain insurance for any losses or claims
18 with respect to the service;
19 (7) to promote the use of the service;
20 (8) to make grants to any body politic and
21 corporate, any unit of local government, or the Commuter
22 Rail Division of the Regional Transportation Authority to
23 cover all or any part of any capital or operating costs
24 of the service and to enter into agreements with respect
25 to those grants;
26 (9) to set any fares or make other regulations with
27 respect to the service, consistent with any contracts
28 for the service; and
29 (10) to otherwise enter into any contracts
30 necessary or convenient to provide the service.
31 (c) All service provided under this Section shall be
32 exempt from all regulations by the Illinois Commerce
33 Commission (other than for safety matters). To the extent the
34 service is provided by the Commuter Rail Division of the
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1 Regional Transportation Authority (or a public corporation on
2 behalf of that Division), it shall be exempt from safety
3 regulations of the Illinois Commerce Commission to the extent
4 the Commuter Rail Division adopts its own safety regulations.
5 (d) In connection with any powers exercised under this
6 Section, the Department:
7 (1) shall not have the power of eminent domain; and
8 (2) shall not itself become the owner of railroad
9 locomotives or other rolling stock, or directly operate
10 any railroad service with its own employees.
11 (e) Any contract with the Commuter Rail Division of the
12 Regional Transportation Authority (or a public corporation on
13 behalf of the Division) under this Section shall provide that
14 all costs in excess of revenue received by the Division
15 generated from intercity rail service provided by the
16 Division shall be fully borne by the Department, and no funds
17 for operation of commuter rail service shall be used,
18 directly or indirectly, or for any period of time, to
19 subsidize the intercity rail operation. If at any time the
20 Division does not have sufficient funds available to satisfy
21 the requirements of this Section, the Division shall
22 forthwith terminate the operation of intercity rail service.
23 The payments made by the Department to the Division for the
24 intercity rail passenger service shall not be made in excess
25 of those costs or as a subsidy for costs of commuter rail
26 operations. This shall not prevent the contract from
27 providing for efficient coordination of service and
28 facilities to promote cost effective operations of both
29 intercity rail passenger service and commuter rail services
30 with cost allocations as provided in this paragraph.
31 (Source: P.A. 89-710, eff. 2-14-97.)
32 (20 ILCS 2705/2705-445 new)
33 (was 20 ILCS 2705/49.25i) (from Ch. 127, par. 49.25i)
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1 Sec. 2705-445. Validation of prior agreements and
2 contracts. 49.25i. Any agreement or contract for the
3 purposes of Section 2705-440 that 49.25h which was entered
4 into prior to June 16, 1976 (the effective date of Public
5 this amendatory Act 79-1213) of 1976 is hereby validated and
6 continued in full force and effect.
7 (Source: P.A. 79-1213.)
8 (20 ILCS 2705/2705-450 new)
9 (was 20 ILCS 2705/49.25h-1) (from Ch. 127, par. 49.25h-1)
10 Sec. 2705-450. 49.25h-1. High-speed rail and magnetic
11 levitation transportation development. The Department is
12 authorized to enter into agreements with any public or
13 private entity for the purpose of promoting and developing
14 high-speed rail and magnetic levitation transportation within
15 this State. The cost related to the service shall be borne in
16 a proportion that as the parties may determine by agreement
17 or contract.
18 (Source: P.A. 87-829.)
19 (20 ILCS 2705/2705-500 new)
20 (was 20 ILCS 2705/49.29) (from Ch. 127, par. 49.29)
21 Sec. 2705-500. Scenic route connecting Mississippi and
22 Ohio Rivers. 49.29. The Department shall prepare or have
23 prepared maps, surveys, or plans, shall conduct studies, and
24 shall consult with the Department of Natural Resources for
25 the purpose of proposing a route connecting the Mississippi
26 and Ohio Rivers through the Shawnee National Forest, to be
27 designated as a scenic route. The proposed route shall
28 consist of existing roads to the greatest extent possible,
29 but the proposal may call for any improvements consistent
30 with federal law that the Department deems necessary or
31 desirable. The Department shall submit its proposal, along
32 with any other supporting information it deems appropriate,
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1 to the Governor and the General Assembly no later than March
2 1, 1986.
3 (Source: P.A. 89-445, eff. 2-7-96.)
4 (20 ILCS 2705/2705-505 new)
5 (was 20 ILCS 2705/49.30) (from Ch. 127, par. 49.30)
6 Sec. 2705-505. Signs indicating travel-related
7 facilities or tourist-oriented businesses. 49.30. The
8 Department shall, where economically feasible and safe,
9 install along various interstate highways and other freeways
10 with full control of access, except those that which are toll
11 highways, signs to alert motorists of the travel-related
12 facilities available in communities served by upcoming
13 interstate exits. The Department may also install, along
14 other rural State highways, signs to alert motorists of the
15 tourist-oriented tourist oriented businesses available on
16 intersecting highways and roads under local jurisdiction in
17 rural areas. The Department has shall have the authority to
18 sell or lease space on the such signs to the owners or
19 operators of the facilities and to promulgate rules and
20 regulations for the leasing or purchasing of space.
21 (Source: P.A. 90-272, eff. 7-30-97.)
22 (20 ILCS 2705/2705-510 new)
23 (was 20 ILCS 2705/49.15a) (from Ch. 127, par. 49.15a)
24 Sec. 2705-510. Use of prisoners for highway cleanup. The
25 Department has the power 49.15a. to request, from the
26 Department of Corrections, the use of prisoners in a program
27 as provided in paragraph (f) of Section 3-2-2 of the Unified
28 Code of Corrections Correction, as amended, for the cleaning
29 of trash and garbage from the highways of this State.
30 (Source: P.A. 81-214.)
31 (20 ILCS 2705/2705-550 new)
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1 (was 20 ILCS 2705/49.12) (from Ch. 127, par. 49.12)
2 Sec. 2705-550. Transfer of realty to other State agency;
3 acquisition of federal lands. The Department has the power
4 49.12. to transfer jurisdiction of any realty under the
5 control of the Department to any other department of the
6 State government, or to any authority, commission, or other
7 agency of the State, or to acquire or accept federal lands,
8 when the such transfer, acquisition, or acceptance is
9 advantageous to the State and is approved in writing by the
10 Governor.
11 (Source: Laws 1955, p. 1196.)
12 (20 ILCS 2705/2705-555 new)
13 (was 20 ILCS 2705/49.13) (from Ch. 127, par. 49.13)
14 Sec. 2705-555. Lease of land or property. The Department
15 has the power 49.13. from time to time to lease any land or
16 property, with or without appurtenances, of which the
17 Department has jurisdiction, and that is which are not
18 immediately to be used or developed by the State; provided
19 that no such lease be for a longer period of time than that
20 in which it can reasonably be expected the State will not
21 have use for the such property, and further provided that no
22 such lease be for a longer period of time than 5 years.
23 (Source: Laws 1953, p. 1443.)
24 (20 ILCS 2705/2705-575 new)
25 (was 20 ILCS 2705/49.28) (from Ch. 127, par. 49.28)
26 Sec. 2705-575. Sale of used vehicles. 49.28. Whenever the
27 Department of Transportation shall replace any used vehicle,
28 it shall notify and give units of local government in this
29 State and the Department of Natural Resources the first
30 opportunity to purchase the such vehicle. The Department
31 shall be required to notify only the Department of Natural
32 Resources and those units of local government that which have
HB0236 Engrossed -440- LRB9100031DJcdA
1 previously requested the such notification. Any proceeds
2 from the sale of the such vehicles to units of local
3 government shall be deposited in the Road Fund. The term
4 "vehicle" as used in this Section herein is defined to
5 include passenger automobiles, light duty trucks, heavy duty
6 trucks, and other self-propelled motorized equipment (in
7 excess of 25 horse-power) and attachments.
8 (Source: P.A. 89-445, eff. 2-7-96.)
9 (110 ILCS 355/Art. 3000 heading new)
10 ARTICLE 3000. UNIVERSITY OF ILLINOIS
11 (110 ILCS 355/3000-1 new)
12 Sec. 3000-1. Article short title. This Article 3000 of
13 the Civil Administrative Code of Illinois may be cited as the
14 University of Illinois Exercise of Functions and Duties Law.
15 (110 ILCS 355/3000-5 new)
16 (was 110 ILCS 355/62) (from Ch. 127, par. 62)
17 Sec. 3000-5. 62. Retention of duties by University of
18 Illinois. Unless otherwise provided by law, the functions and
19 duties formerly exercised by the State entomologist, the
20 State laboratory of natural history, the State water survey,
21 and the State geological survey and vested in the Illinois
22 Department of Natural Resources, and the functions and duties
23 of the Waste Management and Research Center and its Hazardous
24 Materials Laboratory as authorized by the Hazardous Waste
25 Technology Exchange Service Act, approved September 16, 1984,
26 as now or hereafter amended, shall continue to be exercised
27 at the University of Illinois in buildings and places
28 provided by the trustees of the University thereof.
29 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
30 Section 5-105. The Employee Rights Violation Act is
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1 amended by changing Section 2 as follows:
2 (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
3 Sec. 2. For the purposes of this Act, the terms used
4 herein shall have the meanings ascribed to them in this
5 Section:
6 (a) "Policy making officer" means: (i) an employee of a
7 State agency who is engaged predominantly in executive and
8 management functions and is charged with the responsibility
9 of directing the effectuation of such management policies and
10 practices; or (ii) an employee of a State agency whose
11 principal work is substantially different from that of his
12 subordinates and who has authority in the interest of the
13 State agency to hire, transfer, suspend, lay off, recall,
14 promote, discharge, direct, reward, or discipline employees,
15 or to adjust their grievances, or to effectively recommend
16 such action, if the exercise of such authority is not of a
17 merely routine or clerical nature, but requires the
18 consistent use of independent judgment; or (iii) a Director,
19 Assistant Director or Deputy Director of a State agency;
20 (b) "State agency" means the Departments of the
21 Executive Branch of State government listed in Section 5-15 3
22 Civil Administrative Code of Illinois, as amended;
24 (c) "Director" includes the Secretary of Transportation.
25 (Source: P.A. 85-1436.)
26 Section 5-110. The Gender Balanced Appointments Act is
27 amended by changing Section 2 as follows:
28 (5 ILCS 310/2) (from Ch. 127, par. 4302)
29 Sec. 2. All appointments to boards, commissions,
30 committees and councils of the State created by the laws of
31 this State and after the effective date of this Act shall be
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1 gender balanced to the extent possible and to the extent that
2 appointees are qualified to serve on those boards,
3 commissions, committees and councils. If gender balance is
4 not possible, then appointments shall provide for significant
5 representation of both sexes to boards, commissions,
6 committees and councils governed by this Act and Section
7 5-510 8.1 of the Departments of State Government Law (20 ILCS
8 5/5-510) Civil Administrative Code of Illinois. If there are
9 multiple appointing authorities for a board, commission,
10 committee, or council, they shall each strive to achieve
11 gender balance in their appointments.
12 Appointments made in accordance with this Act should be
13 made in a manner that makes a good faith attempt to seek
14 gender balance based on the numbers of each gender belonging
15 to the group from which appointments are made.
16 (Source: P.A. 87-797.)
17 Section 5-115. The Election Code is amended by changing
18 Section 1A-8 as follows:
19 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
20 Sec. 1A-8. The State Board of Elections shall exercise
21 the following powers and perform the following duties in
22 addition to any powers or duties otherwise provided for by
23 law:
24 (1) Assume all duties and responsibilities of the State
25 Electoral Board and the Secretary of State as heretofore
26 provided in this Act;
27 (2) Disseminate information to and consult with election
28 authorities concerning the conduct of elections and
29 registration in accordance with the laws of this State and
30 the laws of the United States;
31 (3) Furnish to each election authority prior to each
32 primary and general election and any other election it deems
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1 necessary, a manual of uniform instructions consistent with
2 the provisions of this Act which shall be used by election
3 authorities in the preparation of the official manual of
4 instruction to be used by the judges of election in any such
5 election. In preparing such manual, the State Board shall
6 consult with representatives of the election authorities
7 throughout the State. The State Board may provide separate
8 portions of the uniform instructions applicable to different
9 election jurisdictions which administer elections under
10 different options provided by law. The State Board may by
11 regulation require particular portions of the uniform
12 instructions to be included in any official manual of
13 instructions published by election authorities. Any manual of
14 instructions published by any election authority shall be
15 identical with the manual of uniform instructions issued by
16 the Board, but may be adapted by the election authority to
17 accommodate special or unusual local election problems,
18 provided that all manuals published by election authorities
19 must be consistent with the provisions of this Act in all
20 respects and must receive the approval of the State Board of
21 Elections prior to publication; provided further that if the
22 State Board does not approve or disapprove of a proposed
23 manual within 60 days of its submission, the manual shall be
24 deemed approved.
25 (4) Prescribe and require the use of such uniform forms,
26 notices, and other supplies not inconsistent with the
27 provisions of this Act as it shall deem advisable which shall
28 be used by election authorities in the conduct of elections
29 and registrations;
30 (5) Prepare and certify the form of ballot for any
31 proposed amendment to the Constitution of the State of
32 Illinois, or any referendum to be submitted to the electors
33 throughout the State or, when required to do so by law, to
34 the voters of any area or unit of local government of the
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1 State;
2 (6) Require such statistical reports regarding the
3 conduct of elections and registration from election
4 authorities as may be deemed necessary;
5 (7) Review and inspect procedures and records relating
6 to conduct of elections and registration as may be deemed
7 necessary, and to report violations of election laws to the
8 appropriate State's Attorney;
9 (8) Recommend to the General Assembly legislation to
10 improve the administration of elections and registration;
11 (9) Adopt, amend or rescind rules and regulations in the
12 performance of its duties provided that all such rules and
13 regulations must be consistent with the provisions of this
14 Article 1A or issued pursuant to authority otherwise provided
15 by law;
16 (10) Determine the validity and sufficiency of petitions
17 filed under Article XIV, Section 3, of the Constitution of
18 the State of Illinois of 1970;
19 (11) Maintain in its principal office a research library
20 that includes, but is not limited to, abstracts of votes by
21 precinct for general primary elections and general elections,
22 current precinct maps and current precinct poll lists from
23 all election jurisdictions within the State. The research
24 library shall be open to the public during regular business
25 hours. Such abstracts, maps and lists shall be preserved as
26 permanent records and shall be available for examination and
27 copying at a reasonable cost;
28 (12) Supervise the administration of the registration
29 and election laws throughout the State;
30 (13) Obtain from the Department of Central Management
31 Services, under Section 405-250 35.7a of the Department of
32 Central Management Services Law (20 ILCS 405/405-250) Civil
33 Administrative Code of Illinois, such use of electronic data
34 processing equipment as may be required to perform the duties
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1 of the State Board of Elections and to provide
2 election-related information to candidates, public and party
3 officials, interested civic organizations and the general
4 public in a timely and efficient manner; and
5 (14) To take such action as may be necessary or required
6 to give effect to directions of the State central committee
7 of an established political party under Sections 7-8, 7-11
8 and 7-14.1 or such other provisions as may be applicable
9 pertaining to the selection of delegates and alternate
10 delegates to an established political party's national
11 nominating conventions.
12 The Board may by regulation delegate any of its duties or
13 functions under this Article, except that final
14 determinations and orders under this Article shall be issued
15 only by the Board.
16 The requirement for reporting to the General Assembly
17 shall be satisfied by filing copies of the report with the
18 Speaker, the Minority Leader and the Clerk of the House of
19 Representatives and the President, the Minority Leader and
20 the Secretary of the Senate and the Legislative Research
21 Unit, as required by Section 3.1 of "An Act to revise the law
22 in relation to the General Assembly", approved February 25,
23 1874, as amended, and filing such additional copies with the
24 State Government Report Distribution Center for the General
25 Assembly as is required under paragraph (t) of Section 7 of
26 the State Library Act.
27 (Source: P.A. 86-1089.)
28 Section 5-120. The Secretary of State Act is amended by
29 changing Section 13 as follows:
30 (15 ILCS 305/13) (from Ch. 124, par. 10.3)
31 Sec. 13. Whenever the Secretary of State is authorized
32 or required by law to consider some aspect of criminal
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1 history record information for the purpose of carrying out
2 his statutory powers and responsibilities, then, upon request
3 and payment of fees in conformance with the requirements of
4 subsection 22 of Section 2605-400 55a of the Department of
5 State Police Law (20 ILCS 2605/2605-400) "The Civil
6 Administrative Code of Illinois", the Department of State
7 Police is authorized to furnish, pursuant to positive
8 identification, such information contained in State files as
9 is necessary to fulfill the request.
10 (Source: P.A. 86-610.)
11 Section 5-125. The State Treasurer Act is amended by
12 changing Section 12 as follows:
13 (15 ILCS 505/12) (from Ch. 130, par. 12)
14 Sec. 12. He shall keep regular and fair accounts of all
15 moneys received and paid out by him, stating, particularly,
16 on what account each amount is received or paid out. He may
17 make such corrections and changes in his records as may be
18 necessary pursuant to notices received from the Department of
19 Revenue under Section 2505-475 39b32 of the Department of
20 Revenue Law (20 ILCS 2505/2505-475) "Civil Administrative
21 Code of Illinois", approved March 7, 1917, as amended.
22 (Source: Laws 1967, p. 4103.)
23 Section 5-130. The Illinois Act on the Aging is amended
24 by changing Section 5 as follows:
25 (20 ILCS 105/5) (from Ch. 23, par. 6105)
26 Sec. 5. The provisions of Sections 5-625, 5-630, 5-635,
27 5-640, 5-645, 5-650, and 5-655 16, 17, 18, 19, 20, 25 and 26
28 of "the Departments of State Government Law (20 ILCS 5/5-625,
29 5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650, and 5/5-655)
30 Civil Administrative Code of Illinois", approved March 17,
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1 1917, as now or hereafter amended, relating to regulations
2 for the conduct of a department, central and branch offices,
3 office hours, a seal, the obtaining and compensation of
4 employees, the annual reports, and cooperation between
5 departments, apply to the Department created by this Act.
6 (Source: P.A. 78-242.)
7 Section 5-135. The Personnel Code is amended by
8 changing Sections 8b.1 and 10 as follows:
9 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
10 Sec. 8b.1. For open competitive examinations to test the
11 relative fitness of applicants for the respective positions.
12 Tests shall be designed to eliminate those who are not
13 qualified for entrance into or promotion within the service,
14 and to discover the relative fitness of those who are
15 qualified. The Director may use any one of or any combination
16 of the following examination methods which in his judgment
17 best serves this end: investigation of education;
18 investigation of experience; test of cultural knowledge; test
19 of capacity; test of knowledge; test of manual skill; test of
20 linguistic ability; test of character; test of physical
21 fitness; test of psychological fitness. No person with a
22 record of misdemeanor convictions except those under Sections
23 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
24 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
25 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
26 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
27 of 1961 or arrested for any cause but not convicted thereon
28 shall be disqualified from taking such examinations or
29 subsequent appointment, unless the person is attempting to
30 qualify for a position which would give him the powers of a
31 peace officer, in which case the person's conviction or
32 arrest record may be considered as a factor in determining
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1 the person's fitness for the position. The eligibility
2 conditions specified for the position of Assistant Director
3 of Public Aid in the Department of Public Aid in Section
4 5-230 7.08 of "the Departments of State Government Law (20
5 ILCS 5/5-230) Civil Administrative Code of Illinois",
6 approved March 7, 1917, as amended, shall be applied to that
7 position in addition to other standards, tests or criteria
8 established by the Director. All examinations shall be
9 announced publicly at least 2 weeks in advance of the date of
10 the examinations and may be advertised through the press,
11 radio and other media. The Director may, however, in his
12 discretion, continue to receive applications and examine
13 candidates long enough to assure a sufficient number of
14 eligibles to meet the needs of the service and may add the
15 names of successful candidates to existing eligible lists in
16 accordance with their respective ratings.
17 The Director may, in his discretion, accept the results
18 of competitive examinations conducted by any merit system
19 established by federal law or by the law of any State, and
20 may compile eligible lists therefrom or may add the names of
21 successful candidates in examinations conducted by those
22 merit systems to existing eligible lists in accordance with
23 their respective ratings. No person who is a non-resident of
24 the State of Illinois may be appointed from those eligible
25 lists, however, unless the requirement that applicants be
26 residents of the State of Illinois is waived by the Director
27 of Central Management Services and unless there are less than
28 3 Illinois residents available for appointment from the
29 appropriate eligible list. The results of the examinations
30 conducted by other merit systems may not be used unless they
31 are comparable in difficulty and comprehensiveness to
32 examinations conducted by the Department of Central
33 Management Services for similar positions. Special linguistic
34 options may also be established where deemed appropriate.
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1 (Source: P.A. 83-1067.)
2 (20 ILCS 415/10) (from Ch. 127, par. 63b110)
3 Sec. 10. Duties and powers of the Commission. The Civil
4 Service Commission shall have duties and powers as follows:
5 (1) Upon written recommendations by the Director of the
6 Department of Central Management Services to exempt from
7 jurisdiction B of this Act positions which, in the judgment
8 of the Commission, involve either principal administrative
9 responsibility for the determination of policy or principal
10 administrative responsibility for the way in which policies
11 are carried out. This authority may not be exercised,
12 however, with respect to the position of Assistant Director
13 of Public Aid in the Department of Public Aid.
14 (2) To require such special reports from the Director as
15 it may consider desirable.
16 (3) To disapprove original rules or any part thereof
17 within 90 days and any amendment thereof within 30 days after
18 the submission of such rules to the Civil Service Commission
19 by the Director, and to disapprove any amendments thereto in
20 the same manner.
21 (4) To approve or disapprove within 60 days from date of
22 submission the position classification plan submitted by the
23 Director as provided in the rules, and any revisions thereof
24 within 30 days from the date of submission.
25 (5) To hear appeals of employees who do not accept the
26 allocation of their positions under the position
27 classification plan.
28 (6) To hear and determine written charges filed seeking
29 the discharge, demotion of employees and suspension totaling
30 more than thirty days in any 12-month period, as provided in
31 Section 11 hereof, and appeals from transfers from one
32 geographical area in the State to another, and in connection
33 therewith to administer oaths, subpoena witnesses, and compel
HB0236 Engrossed -450- LRB9100031DJcdA
1 the production of books and papers.
2 (7) The fees of subpoenaed witnesses under this Act for
3 attendance and travel shall be the same as fees of witnesses
4 before the circuit courts of the State, such fees to be paid
5 when the witness is excused from further attendance.
6 Whenever a subpoena is issued the Commission may require that
7 the cost of service and the fee of the witness shall be borne
8 by the party at whose insistence the witness is summoned.
9 The Commission has the power, at its discretion, to require a
10 deposit from such party to cover the cost of service and
11 witness fees and the payment of the legal witness fee and
12 mileage to the witness served with the subpoena. A subpoena
13 issued under this Act shall be served in the same manner as a
14 subpoena issued out of a court.
15 Upon the failure or refusal to obey a subpoena, a
16 petition shall be prepared by the party serving the subpoena
17 for enforcement in the circuit court of the county in which
18 the person to whom the subpoena was directed either resides
19 or has his or her principal place of business.
20 Not less than five days before the petition is filed in
21 the appropriate court, it shall be served on the person along
22 with a notice of the time and place the petition is to be
23 presented.
24 Following a hearing on the petition, the circuit court
25 shall have jurisdiction to enforce subpoenas issued pursuant
26 to this Section.
27 On motion and for good cause shown the Commission may
28 quash or modify any subpoena.
29 (8) To make an annual report regarding the work of the
30 Commission to the Governor, such report to be a public
31 report.
32 (9) If any violation of this Act is found, the
33 Commission shall direct compliance in writing.
34 (10) To appoint a full-time executive secretary and such
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1 other employees, experts, and special assistants as may be
2 necessary to carry out the powers and duties of the
3 Commission under this Act and employees, experts, and special
4 assistants so appointed by the Commission shall be subject to
5 the provisions of jurisdictions A, B and C of this Act. These
6 powers and duties supersede any contrary provisions herein
7 contained.
8 (11) To make rules to carry out and implement their
9 powers and duties under this Act, with authority to amend
10 such rules from time to time.
11 (12) To hear or conduct investigations as it deems
12 necessary of appeals of layoff filed by employees appointed
13 under Jurisdiction B after examination provided that such
14 appeals are filed within 15 calendar days following the
15 effective date of such layoff and are made on the basis that
16 the provisions of the Personnel Code or of the Rules of the
17 Department of Central Management Services relating to layoff
18 have been violated or have not been complied with.
19 All hearings shall be public. A decision shall be
20 rendered within 60 days after receipt of the transcript of
21 the proceedings. The Commission shall order the
22 reinstatement of the employee if it is proven that the
23 provisions of the Personnel Code or of the Rules of the
24 Department of Central Management Services relating to layoff
25 have been violated or have not been complied with. In
26 connection therewith the Commission may administer oaths,
27 subpoena witnesses, and compel the production of books and
28 papers.
29 (13) Whenever the Civil Service Commission is authorized
30 or required by law to consider some aspect of criminal
31 history record information for the purpose of carrying out
32 its statutory powers and responsibilities, then, upon request
33 and payment of fees in conformance with the requirements of
34 subsection 22 of Section 2605-400 55a of "the Department of
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1 State Police Law (20 ILCS 2605/2605-400) Civil Administrative
2 Code of Illinois", the Department of State Police is
3 authorized to furnish, pursuant to positive identification,
4 such information contained in State files as is necessary to
5 fulfill the request.
6 (Source: P.A. 86-610.)
7 Section 5-140. The Children and Family Services Act is
8 amended by changing Section 5 as follows:
9 (20 ILCS 505/5) (from Ch. 23, par. 5005)
10 Sec. 5. Direct child welfare services; Department of
11 Children and Family Services. To provide direct child welfare
12 services when not available through other public or private
13 child care or program facilities.
14 (a) For purposes of this Section:
15 (1) "Children" means persons found within the State
16 who are under the age of 18 years. The term also
17 includes persons under age 19 who:
18 (A) were committed to the Department pursuant
19 to the Juvenile Court Act or the Juvenile Court Act
20 of 1987, as amended, prior to the age of 18 and who
21 continue under the jurisdiction of the court; or
22 (B) were accepted for care, service and
23 training by the Department prior to the age of 18
24 and whose best interest in the discretion of the
25 Department would be served by continuing that care,
26 service and training because of severe emotional
27 disturbances, physical disability, social adjustment
28 or any combination thereof, or because of the need
29 to complete an educational or vocational training
30 program.
31 (2) "Homeless youth" means persons found within the
32 State who are under the age of 19, are not in a safe and
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1 stable living situation and cannot be reunited with their
2 families.
3 (3) "Child welfare services" means public social
4 services which are directed toward the accomplishment of
5 the following purposes:
6 (A) protecting and promoting the health,
7 safety and welfare of children, including homeless,
8 dependent or neglected children;
9 (B) remedying, or assisting in the solution of
10 problems which may result in, the neglect, abuse,
11 exploitation or delinquency of children;
12 (C) preventing the unnecessary separation of
13 children from their families by identifying family
14 problems, assisting families in resolving their
15 problems, and preventing the breakup of the family
16 where the prevention of child removal is desirable
17 and possible when the child can be cared for at home
18 without endangering the child's health and safety;
19 (D) restoring to their families children who
20 have been removed, by the provision of services to
21 the child and the families when the child can be
22 cared for at home without endangering the child's
23 health and safety;
24 (E) placing children in suitable adoptive
25 homes, in cases where restoration to the biological
26 family is not safe, possible or appropriate;
27 (F) assuring safe and adequate care of
28 children away from their homes, in cases where the
29 child cannot be returned home or cannot be placed
30 for adoption. At the time of placement, the
31 Department shall consider concurrent planning, as
32 described in subsection (l-1) of this Section so
33 that permanency may occur at the earliest
34 opportunity. Consideration should be given so that
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1 if reunification fails or is delayed, the placement
2 made is the best available placement to provide
3 permanency for the child;
4 (G) (blank);
5 (H) (blank); and
6 (I) placing and maintaining children in
7 facilities that provide separate living quarters for
8 children under the age of 18 and for children 18
9 years of age and older, unless a child 18 years of
10 age is in the last year of high school education or
11 vocational training, in an approved individual or
12 group treatment program, in a licensed shelter
13 facility, or secure child care facility. The
14 Department is not required to place or maintain
15 children:
16 (i) who are in a foster home, or
17 (ii) who are persons with a developmental
18 disability, as defined in the Mental Health and
19 Developmental Disabilities Code, or
20 (iii) who are female children who are
21 pregnant, pregnant and parenting or parenting,
22 or
23 (iv) who are siblings,
24 in facilities that provide separate living quarters
25 for children 18 years of age and older and for
26 children under 18 years of age.
27 (b) Nothing in this Section shall be construed to
28 authorize the expenditure of public funds for the purpose of
29 performing abortions.
30 (c) The Department shall establish and maintain
31 tax-supported child welfare services and extend and seek to
32 improve voluntary services throughout the State, to the end
33 that services and care shall be available on an equal basis
34 throughout the State to children requiring such services.
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1 (d) The Director may authorize advance disbursements for
2 any new program initiative to any agency contracting with the
3 Department. As a prerequisite for an advance disbursement,
4 the contractor must post a surety bond in the amount of the
5 advance disbursement and have a purchase of service contract
6 approved by the Department. The Department may pay up to 2
7 months operational expenses in advance. The amount of the
8 advance disbursement shall be prorated over the life of the
9 contract or the remaining months of the fiscal year,
10 whichever is less, and the installment amount shall then be
11 deducted from future bills. Advance disbursement
12 authorizations for new initiatives shall not be made to any
13 agency after that agency has operated during 2 consecutive
14 fiscal years. The requirements of this Section concerning
15 advance disbursements shall not apply with respect to the
16 following: payments to local public agencies for child day
17 care services as authorized by Section 5a of this Act; and
18 youth service programs receiving grant funds under Section
19 17a-4.
20 (e) (Blank).
21 (f) (Blank).
22 (g) The Department shall establish rules and regulations
23 concerning its operation of programs designed to meet the
24 goals of child safety and protection, family preservation,
25 family reunification, and adoption, including but not limited
26 to:
27 (1) adoption;
28 (2) foster care;
29 (3) family counseling;
30 (4) protective services;
31 (5) (blank);
32 (6) homemaker service;
33 (7) return of runaway children;
34 (8) (blank);
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1 (9) placement under Section 5-7 of the Juvenile
2 Court Act or Section 2-27, 3-28, 4-25 or 5-740 of the
3 Juvenile Court Act of 1987 in accordance with the federal
4 Adoption Assistance and Child Welfare Act of 1980; and
5 (10) interstate services.
6 Rules and regulations established by the Department shall
7 include provisions for training Department staff and the
8 staff of Department grantees, through contracts with other
9 agencies or resources, in alcohol and drug abuse screening
10 techniques approved by the Department of Human Services, as a
11 successor to the Department of Alcoholism and Substance
12 Abuse, for the purpose of identifying children and adults who
13 should be referred to an alcohol and drug abuse treatment
14 program for professional evaluation.
15 (h) If the Department finds that there is no appropriate
16 program or facility within or available to the Department for
17 a ward and that no licensed private facility has an adequate
18 and appropriate program or none agrees to accept the ward,
19 the Department shall create an appropriate individualized,
20 program-oriented plan for such ward. The plan may be
21 developed within the Department or through purchase of
22 services by the Department to the extent that it is within
23 its statutory authority to do.
24 (i) Service programs shall be available throughout the
25 State and shall include but not be limited to the following
26 services:
27 (1) case management;
28 (2) homemakers;
29 (3) counseling;
30 (4) parent education;
31 (5) day care; and
32 (6) emergency assistance and advocacy.
33 In addition, the following services may be made available
34 to assess and meet the needs of children and families:
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1 (1) comprehensive family-based services;
2 (2) assessments;
3 (3) respite care; and
4 (4) in-home health services.
5 The Department shall provide transportation for any of
6 the services it makes available to children or families or
7 for which it refers children or families.
8 (j) The Department may provide categories of financial
9 assistance and education assistance grants, and shall
10 establish rules and regulations concerning the assistance and
11 grants, to persons who adopt physically or mentally
12 handicapped, older and other hard-to-place children who (i)
13 immediately prior to their adoption were legal wards of the
14 Department or (ii) were determined eligible for financial
15 assistance with respect to a prior adoption and who become
16 available for adoption because the prior adoption has been
17 dissolved and the parental rights of the adoptive parents
18 have been terminated or because the child's adoptive parents
19 have died. The Department may also provide categories of
20 financial assistance and education assistance grants, and
21 shall establish rules and regulations for the assistance and
22 grants, to persons appointed guardian of the person under
23 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
24 4-25 or 5-740 of the Juvenile Court Act of 1987 for children
25 who were wards of the Department for 12 months immediately
26 prior to the appointment of the guardian.
27 The amount of assistance may vary, depending upon the
28 needs of the child and the adoptive parents, as set forth in
29 the annual assistance agreement. Special purpose grants are
30 allowed where the child requires special service but such
31 costs may not exceed the amounts which similar services would
32 cost the Department if it were to provide or secure them as
33 guardian of the child.
34 Any financial assistance provided under this subsection
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1 is inalienable by assignment, sale, execution, attachment,
2 garnishment, or any other remedy for recovery or collection
3 of a judgment or debt.
4 (j-5) The Department shall not deny or delay the
5 placement of a child for adoption if an approved family is
6 available either outside of the Department region handling
7 the case, or outside of the State of Illinois.
8 (k) The Department shall accept for care and training
9 any child who has been adjudicated neglected or abused, or
10 dependent committed to it pursuant to the Juvenile Court Act
11 or the Juvenile Court Act of 1987.
12 (l) Before July 1, 2000, the Department may provide, and
13 beginning July 1, 2000, the Department shall offer family
14 preservation services, as defined in Section 8.2 of the
15 Abused and Neglected Child Reporting Act, to help families,
16 including adoptive and extended families. Family preservation
17 services shall be offered (i) to prevent the placement of
18 children in substitute care when the children can be cared
19 for at home or in the custody of the person responsible for
20 the children's welfare, (ii) to reunite children with their
21 families, or (iii) to maintain an adoptive placement. Family
22 preservation services shall only be offered when doing so
23 will not endanger the children's health or safety. With
24 respect to children who are in substitute care pursuant to
25 the Juvenile Court Act of 1987, family preservation services
26 shall not be offered if a goal other than those of
27 subdivisions (A), (B), or (B-1) of subsection (2) of Section
28 2-28 of that Act has been set. Nothing in this paragraph
29 shall be construed to create a private right of action or
30 claim on the part of any individual or child welfare agency.
31 The Department shall notify the child and his family of
32 the Department's responsibility to offer and provide family
33 preservation services as identified in the service plan. The
34 child and his family shall be eligible for services as soon
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1 as the report is determined to be "indicated". The
2 Department may offer services to any child or family with
3 respect to whom a report of suspected child abuse or neglect
4 has been filed, prior to concluding its investigation under
5 Section 7.12 of the Abused and Neglected Child Reporting Act.
6 However, the child's or family's willingness to accept
7 services shall not be considered in the investigation. The
8 Department may also provide services to any child or family
9 who is the subject of any report of suspected child abuse or
10 neglect or may refer such child or family to services
11 available from other agencies in the community, even if the
12 report is determined to be unfounded, if the conditions in
13 the child's or family's home are reasonably likely to subject
14 the child or family to future reports of suspected child
15 abuse or neglect. Acceptance of such services shall be
16 voluntary.
17 The Department may, at its discretion except for those
18 children also adjudicated neglected or dependent, accept for
19 care and training any child who has been adjudicated
20 addicted, as a truant minor in need of supervision or as a
21 minor requiring authoritative intervention, under the
22 Juvenile Court Act or the Juvenile Court Act of 1987, but no
23 such child shall be committed to the Department by any court
24 without the approval of the Department. A minor charged with
25 a criminal offense under the Criminal Code of 1961 or
26 adjudicated delinquent shall not be placed in the custody of
27 or committed to the Department by any court, except a minor
28 less than 13 years of age committed to the Department under
29 Section 5-710 of the Juvenile Court Act of 1987.
30 (l-1) The legislature recognizes that the best interests
31 of the child require that the child be placed in the most
32 permanent living arrangement as soon as is practically
33 possible. To achieve this goal, the legislature directs the
34 Department of Children and Family Services to conduct
HB0236 Engrossed -460- LRB9100031DJcdA
1 concurrent planning so that permanency may occur at the
2 earliest opportunity. Permanent living arrangements may
3 include prevention of placement of a child outside the home
4 of the family when the child can be cared for at home without
5 endangering the child's health or safety; reunification with
6 the family, when safe and appropriate, if temporary placement
7 is necessary; or movement of the child toward the most
8 permanent living arrangement and permanent legal status.
9 When determining reasonable efforts to be made with
10 respect to a child, as described in this subsection, and in
11 making such reasonable efforts, the child's health and safety
12 shall be the paramount concern.
13 When a child is placed in foster care, the Department
14 shall ensure and document that reasonable efforts were made
15 to prevent or eliminate the need to remove the child from the
16 child's home. The Department must make reasonable efforts to
17 reunify the family when temporary placement of the child
18 occurs unless otherwise required, pursuant to the Juvenile
19 Court Act of 1987. At any time after the dispositional
20 hearing where the Department believes that further
21 reunification services would be ineffective, it may request a
22 finding from the court that reasonable efforts are no longer
23 appropriate. The Department is not required to provide
24 further reunification services after such a finding.
25 A decision to place a child in substitute care shall be
26 made with considerations of the child's health, safety, and
27 best interests. At the time of placement, consideration
28 should also be given so that if reunification fails or is
29 delayed, the placement made is the best available placement
30 to provide permanency for the child.
31 The Department shall adopt rules addressing concurrent
32 planning for reunification and permanency. The Department
33 shall consider the following factors when determining
34 appropriateness of concurrent planning:
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1 (1) the likelihood of prompt reunification;
2 (2) the past history of the family;
3 (3) the barriers to reunification being addressed
4 by the family;
5 (4) the level of cooperation of the family;
6 (5) the foster parents' willingness to work with
7 the family to reunite;
8 (6) the willingness and ability of the foster
9 family to provide an adoptive home or long-term
10 placement;
11 (7) the age of the child;
12 (8) placement of siblings.
13 (m) The Department may assume temporary custody of any
14 child if:
15 (1) it has received a written consent to such
16 temporary custody signed by the parents of the child or
17 by the parent having custody of the child if the parents
18 are not living together or by the guardian or custodian
19 of the child if the child is not in the custody of either
20 parent, or
21 (2) the child is found in the State and neither a
22 parent, guardian nor custodian of the child can be
23 located.
24 If the child is found in his or her residence without a
25 parent, guardian, custodian or responsible caretaker, the
26 Department may, instead of removing the child and assuming
27 temporary custody, place an authorized representative of the
28 Department in that residence until such time as a parent,
29 guardian or custodian enters the home and expresses a
30 willingness and apparent ability to ensure the child's health
31 and safety and resume permanent charge of the child, or until
32 a relative enters the home and is willing and able to ensure
33 the child's health and safety and assume charge of the child
34 until a parent, guardian or custodian enters the home and
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1 expresses such willingness and ability to ensure the child's
2 safety and resume permanent charge. After a caretaker has
3 remained in the home for a period not to exceed 12 hours, the
4 Department must follow those procedures outlined in Section
5 2-9, 3-11, 4-8 or 5-501 of the Juvenile Court Act of 1987.
6 The Department shall have the authority, responsibilities
7 and duties that a legal custodian of the child would have
8 pursuant to subsection (9) of Section 1-3 of the Juvenile
9 Court Act of 1987. Whenever a child is taken into temporary
10 custody pursuant to an investigation under the Abused and
11 Neglected Child Reporting Act, or pursuant to a referral and
12 acceptance under the Juvenile Court Act of 1987 of a minor in
13 limited custody, the Department, during the period of
14 temporary custody and before the child is brought before a
15 judicial officer as required by Section 2-9, 3-11, 4-8 or
16 5-501 of the Juvenile Court Act of 1987, shall have the
17 authority, responsibilities and duties that a legal custodian
18 of the child would have under subsection (9) of Section 1-3
19 of the Juvenile Court Act of 1987.
20 The Department shall ensure that any child taken into
21 custody is scheduled for an appointment for a medical
22 examination.
23 A parent, guardian or custodian of a child in the
24 temporary custody of the Department who would have custody of
25 the child if he were not in the temporary custody of the
26 Department may deliver to the Department a signed request
27 that the Department surrender the temporary custody of the
28 child. The Department may retain temporary custody of the
29 child for 10 days after the receipt of the request, during
30 which period the Department may cause to be filed a petition
31 pursuant to the Juvenile Court Act of 1987. If a petition is
32 so filed, the Department shall retain temporary custody of
33 the child until the court orders otherwise. If a petition is
34 not filed within the 10 day period, the child shall be
HB0236 Engrossed -463- LRB9100031DJcdA
1 surrendered to the custody of the requesting parent, guardian
2 or custodian not later than the expiration of the 10 day
3 period, at which time the authority and duties of the
4 Department with respect to the temporary custody of the child
5 shall terminate.
6 (m-1) The Department may place children under 18 years
7 of age in a secure child care facility licensed by the
8 Department that cares for children who are in need of secure
9 living arrangements for their health, safety, and well-being
10 after a determination is made by the facility director and
11 the Director or the Director's designate prior to admission
12 to the facility subject to Section 2-27.1 of the Juvenile
13 Court Act of 1987. This subsection (m-1) does not apply to a
14 child who is subject to placement in a correctional facility
15 operated pursuant to Section 3-15-2 of the Unified Code of
16 Corrections.
17 (n) The Department may place children under 18 years of
18 age in licensed child care facilities when in the opinion of
19 the Department, appropriate services aimed at family
20 preservation have been unsuccessful and cannot ensure the
21 child's health and safety or are unavailable and such
22 placement would be for their best interest. Payment for
23 board, clothing, care, training and supervision of any child
24 placed in a licensed child care facility may be made by the
25 Department, by the parents or guardians of the estates of
26 those children, or by both the Department and the parents or
27 guardians, except that no payments shall be made by the
28 Department for any child placed in a licensed child care
29 facility for board, clothing, care, training and supervision
30 of such a child that exceed the average per capita cost of
31 maintaining and of caring for a child in institutions for
32 dependent or neglected children operated by the Department.
33 However, such restriction on payments does not apply in cases
34 where children require specialized care and treatment for
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1 problems of severe emotional disturbance, physical
2 disability, social adjustment, or any combination thereof and
3 suitable facilities for the placement of such children are
4 not available at payment rates within the limitations set
5 forth in this Section. All reimbursements for services
6 delivered shall be absolutely inalienable by assignment,
7 sale, attachment, garnishment or otherwise.
8 (o) The Department shall establish an administrative
9 review and appeal process for children and families who
10 request or receive child welfare services from the
11 Department. Children who are wards of the Department and are
12 placed by private child welfare agencies, and foster families
13 with whom those children are placed, shall be afforded the
14 same procedural and appeal rights as children and families in
15 the case of placement by the Department, including the right
16 to an initial review of a private agency decision by that
17 agency. The Department shall insure that any private child
18 welfare agency, which accepts wards of the Department for
19 placement, affords those rights to children and foster
20 families. The Department shall accept for administrative
21 review and an appeal hearing a complaint made by (i) a child
22 or foster family concerning a decision following an initial
23 review by a private child welfare agency or (ii) a
24 prospective adoptive parent who alleges a violation of
25 subsection (j-5) of this Section. An appeal of a decision
26 concerning a change in the placement of a child shall be
27 conducted in an expedited manner.
28 (p) There is hereby created the Department of Children
29 and Family Services Emergency Assistance Fund from which the
30 Department may provide special financial assistance to
31 families which are in economic crisis when such assistance is
32 not available through other public or private sources and the
33 assistance is deemed necessary to prevent dissolution of the
34 family unit or to reunite families which have been separated
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1 due to child abuse and neglect. The Department shall
2 establish administrative rules specifying the criteria for
3 determining eligibility for and the amount and nature of
4 assistance to be provided. The Department may also enter
5 into written agreements with private and public social
6 service agencies to provide emergency financial services to
7 families referred by the Department. Special financial
8 assistance payments shall be available to a family no more
9 than once during each fiscal year and the total payments to a
10 family may not exceed $500 during a fiscal year.
11 (q) The Department may receive and use, in their
12 entirety, for the benefit of children any gift, donation or
13 bequest of money or other property which is received on
14 behalf of such children, or any financial benefits to which
15 such children are or may become entitled while under the
16 jurisdiction or care of the Department.
17 The Department shall set up and administer no-cost,
18 interest-bearing savings accounts in appropriate financial
19 institutions ("individual accounts") for children for whom
20 the Department is legally responsible and who have been
21 determined eligible for Veterans' Benefits, Social Security
22 benefits, assistance allotments from the armed forces, court
23 ordered payments, parental voluntary payments, Supplemental
24 Security Income, Railroad Retirement payments, Black Lung
25 benefits, or other miscellaneous payments. Interest earned
26 by each individual account shall be credited to the account,
27 unless disbursed in accordance with this subsection.
28 In disbursing funds from children's individual accounts,
29 the Department shall:
30 (1) Establish standards in accordance with State
31 and federal laws for disbursing money from children's
32 individual accounts. In all circumstances, the
33 Department's "Guardianship Administrator" or his or her
34 designee must approve disbursements from children's
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1 individual accounts. The Department shall be responsible
2 for keeping complete records of all disbursements for
3 each individual account for any purpose.
4 (2) Calculate on a monthly basis the amounts paid
5 from State funds for the child's board and care, medical
6 care not covered under Medicaid, and social services; and
7 utilize funds from the child's individual account, as
8 covered by regulation, to reimburse those costs.
9 Monthly, disbursements from all children's individual
10 accounts, up to 1/12 of $13,000,000, shall be deposited
11 by the Department into the General Revenue Fund and the
12 balance over 1/12 of $13,000,000 into the DCFS Children's
13 Services Fund.
14 (3) Maintain any balance remaining after
15 reimbursing for the child's costs of care, as specified
16 in item (2). The balance shall accumulate in accordance
17 with relevant State and federal laws and shall be
18 disbursed to the child or his or her guardian, or to the
19 issuing agency.
20 (r) The Department shall promulgate regulations
21 encouraging all adoption agencies to voluntarily forward to
22 the Department or its agent names and addresses of all
23 persons who have applied for and have been approved for
24 adoption of a hard-to-place or handicapped child and the
25 names of such children who have not been placed for adoption.
26 A list of such names and addresses shall be maintained by the
27 Department or its agent, and coded lists which maintain the
28 confidentiality of the person seeking to adopt the child and
29 of the child shall be made available, without charge, to
30 every adoption agency in the State to assist the agencies in
31 placing such children for adoption. The Department may
32 delegate to an agent its duty to maintain and make available
33 such lists. The Department shall ensure that such agent
34 maintains the confidentiality of the person seeking to adopt
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1 the child and of the child.
2 (s) The Department of Children and Family Services may
3 establish and implement a program to reimburse Department and
4 private child welfare agency foster parents licensed by the
5 Department of Children and Family Services for damages
6 sustained by the foster parents as a result of the malicious
7 or negligent acts of foster children, as well as providing
8 third party coverage for such foster parents with regard to
9 actions of foster children to other individuals. Such
10 coverage will be secondary to the foster parent liability
11 insurance policy, if applicable. The program shall be funded
12 through appropriations from the General Revenue Fund,
13 specifically designated for such purposes.
14 (t) The Department shall perform home studies and
15 investigations and shall exercise supervision over visitation
16 as ordered by a court pursuant to the Illinois Marriage and
17 Dissolution of Marriage Act or the Adoption Act only if:
18 (1) an order entered by an Illinois court
19 specifically directs the Department to perform such
20 services; and
21 (2) the court has ordered one or both of the
22 parties to the proceeding to reimburse the Department for
23 its reasonable costs for providing such services in
24 accordance with Department rules, or has determined that
25 neither party is financially able to pay.
26 The Department shall provide written notification to the
27 court of the specific arrangements for supervised visitation
28 and projected monthly costs within 60 days of the court
29 order. The Department shall send to the court information
30 related to the costs incurred except in cases where the court
31 has determined the parties are financially unable to pay. The
32 court may order additional periodic reports as appropriate.
33 (u) Whenever the Department places a child in a licensed
34 foster home, group home, child care institution, or in a
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1 relative home, the Department shall provide to the caretaker:
2 (1) available detailed information concerning the
3 child's educational and health history, copies of
4 immunization records (including insurance and medical
5 card information), a history of the child's previous
6 placements, if any, and reasons for placement changes
7 excluding any information that identifies or reveals the
8 location of any previous caretaker;
9 (2) a copy of the child's portion of the client
10 service plan, including any visitation arrangement, and
11 all amendments or revisions to it as related to the
12 child; and
13 (3) information containing details of the child's
14 individualized educational plan when the child is
15 receiving special education services.
16 The caretaker shall be informed of any known social or
17 behavioral information (including, but not limited to,
18 criminal background, fire setting, perpetuation of sexual
19 abuse, destructive behavior, and substance abuse) necessary
20 to care for and safeguard the child.
21 (u-5) Effective July 1, 1995, only foster care
22 placements licensed as foster family homes pursuant to the
23 Child Care Act of 1969 shall be eligible to receive foster
24 care payments from the Department. Relative caregivers who,
25 as of July 1, 1995, were approved pursuant to approved
26 relative placement rules previously promulgated by the
27 Department at 89 Ill. Adm. Code 335 and had submitted an
28 application for licensure as a foster family home may
29 continue to receive foster care payments only until the
30 Department determines that they may be licensed as a foster
31 family home or that their application for licensure is denied
32 or until September 30, 1995, whichever occurs first.
33 (v) The Department shall access criminal history record
34 information as defined in the Illinois Uniform Conviction
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1 Information Act and information maintained in the
2 adjudicatory and dispositional record system as defined in
3 subdivision (A)19 of Section 2605-355 55a of the Department
4 of State Police Law (20 ILCS 2605/2605-355) Civil
5 Administrative Code of Illinois if the Department determines
6 the information is necessary to perform its duties under the
7 Abused and Neglected Child Reporting Act, the Child Care Act
8 of 1969, and the Children and Family Services Act. The
9 Department shall provide for interactive computerized
10 communication and processing equipment that permits direct
11 on-line communication with the Department of State Police's
12 central criminal history data repository. The Department
13 shall comply with all certification requirements and provide
14 certified operators who have been trained by personnel from
15 the Department of State Police. In addition, one Office of
16 the Inspector General investigator shall have training in the
17 use of the criminal history information access system and
18 have access to the terminal. The Department of Children and
19 Family Services and its employees shall abide by rules and
20 regulations established by the Department of State Police
21 relating to the access and dissemination of this information.
22 (w) Within 120 days of August 20, 1995 (the effective
23 date of Public Act 89-392), the Department shall prepare and
24 submit to the Governor and the General Assembly, a written
25 plan for the development of in-state licensed secure child
26 care facilities that care for children who are in need of
27 secure living arrangements for their health, safety, and
28 well-being. For purposes of this subsection, secure care
29 facility shall mean a facility that is designed and operated
30 to ensure that all entrances and exits from the facility, a
31 building or a distinct part of the building, are under the
32 exclusive control of the staff of the facility, whether or
33 not the child has the freedom of movement within the
34 perimeter of the facility, building, or distinct part of the
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1 building. The plan shall include descriptions of the types
2 of facilities that are needed in Illinois; the cost of
3 developing these secure care facilities; the estimated number
4 of placements; the potential cost savings resulting from the
5 movement of children currently out-of-state who are projected
6 to be returned to Illinois; the necessary geographic
7 distribution of these facilities in Illinois; and a proposed
8 timetable for development of such facilities.
9 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
10 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
11 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
12 90-590, eff. 1-1-99; 90-608, eff. 6-30-98; 90-655, eff.
13 7-30-98; revised 8-12-98.)
14 Section 5-142. The Illinois Commission on Community
15 Service Act is amended by changing Section 10 as follows:
16 (20 ILCS 710/10)
17 Sec. 10. Civil Administrative Code. To the extent that
18 Section 405-500 67.35 of the Department of Central Management
19 Services Law (20 ILCS 405/405-500) Civil Administrative Code
20 of Illinois is applicable to this Act, this Act is subject to
21 the provisions of Section 405-500 67.35 of the Department of
22 Central Management Services Law (20 ILCS 405/405-500) Civil
23 Administrative Code of Illinois.
24 (Source: P.A. 90-609, eff. 6-30-98.)
25 Section 5-145. The Financial Institutions Code is amended
26 by changing Section 6 as follows:
27 (20 ILCS 1205/6) (from Ch. 17, par. 106)
28 Sec. 6. In addition to the duties imposed elsewhere in
29 this Act, the Department has the following powers:
30 (1) To exercise the rights, powers and duties vested by
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1 law in the Auditor of Public Accounts under "An Act to
2 provide for the incorporation, management and regulation of
3 pawners' societies and limiting the rate of compensation to
4 be paid for advances, storage and insurance on pawns and
5 pledges and to allow the loaning of money upon personal
6 property", approved March 29, 1899, as amended.
7 (2) To exercise the rights, powers and duties vested by
8 law in the Auditor of Public Accounts under "An Act in
9 relation to the definition, licensing and regulation of
10 community currency exchanges and ambulatory currency
11 exchanges, and the operators and employees thereof, and to
12 make an appropriation therefor, and to provide penalties and
13 remedies for the violation thereof", approved June 30, 1943,
14 as amended.
15 (3) To exercise the rights, powers, and duties vested by
16 law in the Auditor of Public Accounts under "An Act in
17 relation to the buying and selling of foreign exchange and
18 the transmission or transfer of money to foreign countries",
19 approved June 28, 1923, as amended.
20 (4) To exercise the rights, powers, and duties vested by
21 law in the Auditor of Public Accounts under "An Act to
22 provide for and regulate the business of guaranteeing titles
23 to real estate by corporations", approved May 13, 1901, as
24 amended.
25 (5) To exercise the rights, powers and duties vested by
26 law in the Department of Insurance under "An Act to define,
27 license, and regulate the business of making loans of eight
28 hundred dollars or less, permitting an interest charge
29 thereon greater than otherwise allowed by law, authorizing
30 and regulating the assignment of wages or salary when taken
31 as security for any such loan or as consideration for a
32 payment of eight hundred dollars or less, providing
33 penalties, and to repeal Acts therein named", approved July
34 11, 1935, as amended.
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1 (6) To administer and enforce "An Act to license and
2 regulate the keeping and letting of safety deposit boxes,
3 safes, and vaults, and the opening thereof, and to repeal a
4 certain Act therein named", approved June 13, 1945, as
5 amended.
6 (7) Whenever the Department is authorized or required by
7 law to consider some aspect of criminal history record
8 information for the purpose of carrying out its statutory
9 powers and responsibilities, then, upon request and payment
10 of fees in conformance with the requirements of subsection 22
11 of Section 2605-400 55a of "the Department of State Police
12 Law (20 ILCS 2605/2605-400) Civil Administrative Code of
13 Illinois", the Department of State Police is authorized to
14 furnish, pursuant to positive identification, such
15 information contained in State files as is necessary to
16 fulfill the request.
17 (Source: P.A. 86-610.)
18 Section 5-147. The Department of Human Services Act is
19 amended by changing Sections 1-15 and 10-25 as follows:
20 (20 ILCS 1305/1-15)
21 Sec. 1-15. Department; Secretary; organization.
22 (a) The Department of Human Services, created in Section
23 5-15 3 of the Departments of State Government Law (20 ILCS
24 5/5-15) Civil Administrative Code of Illinois, shall begin
25 operation on July 1, 1997.
26 (b) The Department shall be under the direction of the
27 Secretary of Human Services and 2 Assistant Secretaries, as
28 provided in the Civil Administrative Code of Illinois.
29 (c) The Governor may appoint up to 7 Associate
30 Secretaries to head the major programmatic divisions of the
31 Department. Associate Secretaries shall be appointed for
32 2-year terms and shall be subject to confirmation by the
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1 Senate in the same manner as the Assistant Secretaries. The
2 compensation of Associate Secretaries shall be determined by
3 the Secretary.
4 (d) The Secretary shall create divisions and
5 administrative units within the Department and shall assign
6 functions, powers, duties, and personnel as may now or in the
7 future be required by federal law. The Secretary may create
8 other divisions and administrative units and may assign other
9 functions, powers, duties, and personnel as may be necessary
10 or desirable to carry out the functions and responsibilities
11 vested by law in the Department.
12 (Source: P.A. 89-507, eff. 7-3-96.)
13 (20 ILCS 1305/10-25)
14 Sec. 10-25. Women, Infants, and Children Nutrition
15 Program.
16 (a) The Department shall participate in the Women,
17 Infants and Children Nutrition program of the federal
18 government to the maximum extent permitted by the federal
19 appropriation and allocation to the State of Illinois. The
20 Department shall report quarterly to the Governor and the
21 General Assembly the status of obligations and expenditures
22 of the WIC nutrition program appropriation and make
23 recommendations on actions necessary to expend all available
24 federal funds. Other appropriations and funds from any
25 public or private source in addition to federal funds may be
26 used by the Department for the purpose of maximum
27 participation in the WIC nutrition program.
28 (b) The Department shall maintain a drug abuse education
29 program for participants in the Women, Infants and Children
30 Nutrition Program. The program shall include but need not be
31 limited to (1) the provision of information concerning the
32 dangers of drug abuse and (2) the referral of participants
33 who are suspected drug abusers to drug abuse clinics,
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1 treatment programs, counselors or other drug abuse treatment
2 providers.
3 (c) The Department shall cooperate with the Department
4 of Public Health for purposes of the smoking cessation
5 program for participants in the Women, Infants and Children
6 Nutrition Program maintained by the Department of Public
7 Health under Section 2310-435 55.44 of the Department of
8 Public Health Powers and Duties Law (20 ILCS 2310/2310-435)
9 Civil Administrative Code of Illinois.
10 (d) The Department may contract with any bank as defined
11 by the Illinois Banking Act to redeem bank drafts issued by
12 the Department under the United States Department of
13 Agriculture Special Supplemental Food Program for Women,
14 Infants and Children (WIC). Any bank with which the
15 Department has entered into a contract to redeem bank drafts
16 may receive, pursuant to an appropriation to the Department,
17 an initial advance and periodic payment of funds for the
18 Women, Infants and Children Program in amounts determined by
19 the Secretary. Notwithstanding any other law, such funds
20 shall be retained in a separate account by the bank. Any
21 interest earned by monies in such account shall accrue to the
22 USDA Women, Infants and Children Fund and shall be used
23 exclusively for the redemption of bank drafts issued by the
24 Department. WIC program food funds received by the bank from
25 the Department shall be used exclusively for the redemption
26 of bank drafts. The bank shall not use such food funds, or
27 interest accrued thereon, for any other purpose including,
28 but not limited to, reimbursement of administrative expenses
29 or payments of administrative fees due the bank pursuant to
30 its contract or contracts with the Department.
31 Such initial and periodic payments by the Department to
32 the bank shall be effected, pursuant to an appropriation, in
33 an amount needed for the redemption of bank drafts issued by
34 the Department under the United States Department of
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1 Agriculture Special Supplemental Food Program for Women,
2 Infants and Children in any initial or succeeding period.
3 The State Comptroller shall, upon presentation by the
4 Secretary of adequate certification of funds needed for
5 redemption of bank drafts, promptly draw a warrant payable to
6 the bank for deposit to the separate account of the bank.
7 Such certification may be in magnetic tape or computer output
8 form, indicating the amount of the total payment made by the
9 bank for the redemption of bank drafts from funds provided to
10 the bank under this Section.
11 The separate account of the bank established under this
12 Section, any payments to that account, and the use of such
13 account and funds shall be subject to (1) audit by the
14 Department or a private contractor authorized by the
15 Department to conduct audits, including but not limited to
16 such audits as may be required by State law, (2) audit by the
17 federal government or a private contractor authorized by the
18 federal government, and (3) post audit pursuant to the
19 Illinois State Auditing Act.
20 (e) The Department may include a program of lactation
21 support services as part of the benefits and services
22 provided for pregnant and breast feeding participants in the
23 Women, Infants and Children Nutrition Program. The program
24 may include payment for breast pumps, breast shields, or any
25 supply deemed essential for the successful maintenance of
26 lactation, as well as lactation specialists who are
27 registered nurses, licensed dietitians, or persons who have
28 successfully completed a lactation management training
29 program.
30 (f) The Department shall coordinate the operation of the
31 Women, Infants and Children program with the Medicaid program
32 by interagency agreement whereby each program provides
33 information about the services offered by the other to
34 applicants for services.
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1 (Source: P.A. 89-507, eff. 7-1-97; 90-290, eff. 1-1-98.)
2 Section 5-150. The Department of Public Health Act is
3 amended by changing Section 2 as follows:
4 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
5 Sec. 2. Powers.
6 (a) The State Department of Public Health has general
7 supervision of the interests of the health and lives of the
8 people of the State. It has supreme authority in matters of
9 quarantine, and may declare and enforce quarantine when none
10 exists, and may modify or relax quarantine when it has been
11 established. The Department may adopt, promulgate, repeal
12 and amend rules and regulations and make such sanitary
13 investigations and inspections as it may from time to time
14 deem necessary for the preservation and improvement of the
15 public health, consistent with law regulating the following:
16 (1) Transportation of the remains of deceased
17 persons.
18 (2) Sanitary practices relating to drinking water
19 made accessible to the public for human consumption or
20 for lavatory or culinary purposes.
21 (3) Sanitary practices relating to rest room
22 facilities made accessible to the public or to persons
23 handling food served to the public.
24 (4) Sanitary practices relating to disposal of
25 human wastes in or from all buildings and places where
26 people live, work or assemble.
27 The provisions of the Illinois Administrative Procedure
28 Act are hereby expressly adopted and shall apply to all
29 administrative rules and procedures of the Department of
30 Public Health under this Act, except that Section 5-35 of the
31 Illinois Administrative Procedure Act relating to procedures
32 for rule-making does not apply to the adoption of any rule
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1 required by federal law in connection with which the
2 Department is precluded by law from exercising any
3 discretion.
4 All local boards of health, health authorities and
5 officers, police officers, sheriffs and all other officers
6 and employees of the state or any locality shall enforce the
7 rules and regulations so adopted.
8 The Department of Public Health shall conduct a public
9 information campaign to inform Hispanic women of the high
10 incidence of breast cancer and the importance of mammograms
11 and where to obtain a mammogram. This requirement may be
12 satisfied by translation into Spanish and distribution of the
13 breast cancer summaries required by Section 2310-345 55.49 of
14 the Department of Public Health Powers and Duties Law (20
15 ILCS 2310/2310-345) Civil Administrative Code of Illinois.
16 The information provided by the Department of Public Health
17 shall include (i) a statement that mammography is the most
18 accurate method for making an early detection of breast
19 cancer, however, no diagnostic tool is 100% effective and
20 (ii) instructions for performing breast self-examination and
21 a statement that it is important to perform a breast
22 self-examination monthly.
23 The Department of Public Health shall investigate the
24 causes of dangerously contagious or infectious diseases,
25 especially when existing in epidemic form, and take means to
26 restrict and suppress the same, and whenever such disease
27 becomes, or threatens to become epidemic, in any locality and
28 the local board of health or local authorities neglect or
29 refuse to enforce efficient measures for its restriction or
30 suppression or to act with sufficient promptness or
31 efficiency, or whenever the local board of health or local
32 authorities neglect or refuse to promptly enforce efficient
33 measures for the restriction or suppression of dangerously
34 contagious or infectious diseases, the Department of Public
HB0236 Engrossed -478- LRB9100031DJcdA
1 Health may enforce such measures as it deems necessary to
2 protect the public health, and all necessary expenses so
3 incurred shall be paid by the locality for which services are
4 rendered.
5 (b) Subject to the provisions of subsection (c), the
6 Department may order a person to be quarantined or isolated
7 or a place to be closed and made off limits to the public to
8 prevent the probable spread of a dangerously contagious or
9 infectious disease, including non-compliant tuberculosis
10 patients, until such time as the condition can be corrected
11 or the danger to the public health eliminated or reduced in
12 such a manner that no substantial danger to the public's
13 health any longer exists.
14 (c) No person may be ordered to be quarantined or
15 isolated and no place may be ordered to be closed and made
16 off limits to the public except with the consent of the
17 person or owner of the place or upon the order of a court of
18 competent jurisdiction. To obtain a court order, the
19 Department, by clear and convincing evidence, must prove that
20 the public's health and welfare are significantly endangered
21 by a person with a dangerously contagious or infectious
22 disease including non-compliant tuberculosis patients or by a
23 place where there is a significant amount of activity likely
24 to spread a dangerously contagious or infectious disease.
25 The Department must also prove that all other reasonable
26 means of correcting the problem have been exhausted and no
27 less restrictive alternative exists.
28 (d) This Section shall be considered supplemental to the
29 existing authority and powers of the Department and shall not
30 be construed to restrain or restrict the Department in
31 protecting the public health under any other provisions of
32 the law.
33 (e) Any person who knowingly or maliciously disseminates
34 any false information or report concerning the existence of
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1 any dangerously contagious or infectious disease in
2 connection with the Department's power of quarantine,
3 isolation and closure or refuses to comply with a quarantine,
4 isolation or closure order is guilty of a Class A
5 misdemeanor.
6 (f) The Department of Public Health may establish and
7 maintain a chemical and bacteriologic laboratory for the
8 examination of water and wastes, and for the diagnosis of
9 diphtheria, typhoid fever, tuberculosis, malarial fever and
10 such other diseases as it deems necessary for the protection
11 of the public health.
12 As used in this Act, "locality" means any governmental
13 agency which exercises power pertaining to public health in
14 an area less than the State.
15 The terms "sanitary investigations and inspections" and
16 "sanitary practices" as used in this Act shall not include or
17 apply to "Public Water Supplies" or "Sewage Works" as defined
18 in the Environmental Protection Act.
19 (Source: P.A. 88-45; 89-187, eff. 7-19-95; 89-381, eff.
20 8-18-95; 89-626, eff. 8-9-96.)
21 Section 5-155. The Disabled Persons Rehabilitation Act is
22 amended by changing Section 12a as follows:
23 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
24 Sec. 12a. Centers for independent living.
25 (a) Purpose. Recognizing that persons with severe
26 disabilities deserve a high quality of life within their
27 communities regardless of their disabilities, the Department,
28 working with the Statewide Independent Living Council, shall
29 develop a State plan for submission on an annual basis to the
30 Commissioner. The Department shall adopt rules for
31 implementing the State plan in accordance with the federal
32 Act, including rules adopted under the federal Act governing
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1 the award of grants.
2 (b) Definitions. As used in this Section, unless the
3 context clearly requires otherwise:
4 "Federal Act" means the federal 1973 Rehabilitation Act.
5 "Center for independent living" means a consumer
6 controlled, community based, cross-disability,
7 non-residential, private non-profit agency that is designated
8 and operated within a local community by individuals with
9 disabilities and provides an array of independent living
10 services.
11 "Consumer controlled" means that the center for
12 independent living vests power and authority in individuals
13 with disabilities and that at least 51% of the directors of
14 the center are persons with one or more disabilities as
15 defined by this Act.
16 "Commissioner" means the Commissioner of the
17 Rehabilitation Services Administration in the United States
18 Department of Health and Human Services.
19 "Council" means the Statewide Independent Living Council
20 appointed under subsection (d).
21 "Individual with a disability" means any individual who
22 has a physical or mental impairment that substantially limits
23 a major life activity, has a record of such an impairment, or
24 is regarded as having such an impairment.
25 "Individual with a severe disability" means an individual
26 with a severe physical or mental impairment, whose ability to
27 function independently in the family or community or whose
28 ability to obtain, maintain, or advance in employment is
29 substantially limited and for whom the delivery of
30 independent living services will improve the ability to
31 function, continue functioning, or move toward functioning
32 independently in the family or community or to continue in
33 employment.
34 "State plan" means the materials submitted by the
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1 Department to the Commissioner on an annual basis that
2 contain the State's proposal for:
3 (1) The provision of statewide independent living
4 services.
5 (2) The development and support of a statewide
6 network of centers for independent living.
7 (3) Working relationships between (i) programs
8 providing independent living services and independent
9 living centers and (ii) the vocational rehabilitation
10 program administered by the Department under the federal
11 Act and other programs providing services for individuals
12 with disabilities.
13 (c) Authority. The unit of the Department headed by the
14 vocational rehabilitation administrator shall be designated
15 the State unit under Title VII of the federal Act and shall
16 have the following responsibilities:
17 (1) To receive, account for, and disburse funds
18 received by the State under the federal Act based on the
19 State plan.
20 (2) To provide administrative support services to
21 centers for independent living programs.
22 (3) To keep records, and take such actions with
23 respect to those records, as the Commissioner finds to be
24 necessary with respect to the programs.
25 (4) To submit additional information or provide
26 assurances the Commissioner may require with respect to
27 the programs.
28 The vocational rehabilitation administrator and the
29 Chairperson of the Council are responsible for jointly
30 developing and signing the State plan required by Section 704
31 of the federal Act. The State plan shall conform to the
32 requirements of Section 704 of the federal Act.
33 (d) Statewide Independent Living Council.
34 The Governor shall appoint a Statewide Independent Living
HB0236 Engrossed -482- LRB9100031DJcdA
1 Council, comprised of 18 members, which shall be established
2 as an entity separate and distinct from the Department. The
3 composition of the Council shall include the following:
4 (1) At least one director of a center for
5 independent living chosen by the directors of centers for
6 independent living within the State.
7 (2) A representative from the unit of the
8 Department of Human Services responsible for the
9 administration of the vocational rehabilitation program
10 and a representative from another unit in the Department
11 of Human Services that provides services for individuals
12 with disabilities and a representative each from the
13 Department on Aging, the State Board of Education, and
14 the Department of Children and Family Services, all as
15 ex-officio, non-voting members who shall not be counted
16 in the 18 members appointed by the Governor.
17 In addition, the Council may include the following:
18 (A) One or more representatives of centers for
19 independent living.
20 (B) One or more parents or guardians of individuals
21 with disabilities.
22 (C) One or more advocates for individuals with
23 disabilities.
24 (D) One or more representatives of private
25 business.
26 (E) One or more representatives of organizations
27 that provide services for individuals with disabilities.
28 (F) Other appropriate individuals.
29 After soliciting recommendations from organizations
30 representing a broad range of individuals with disabilities
31 and organizations interested in individuals with
32 disabilities, the Governor shall appoint members of the
33 Council for terms beginning July 1, 1993. The Council shall
34 be composed of members (i) who provide statewide
HB0236 Engrossed -483- LRB9100031DJcdA
1 representation; (ii) who represent a broad range of
2 individuals with disabilities; (iii) who are knowledgeable
3 about centers for independent living and independent living
4 services; and (iv) a majority of whom are persons who are
5 individuals with disabilities and are not employed by any
6 State agency or center for independent living. The terms of
7 all members of the Independent Living Advisory Council who
8 were appointed for terms beginning before July 1, 1993, shall
9 expire on July 1, 1993.
10 The council shall elect a chairperson from among its
11 membership.
12 Each member of the Council shall serve for terms of 3
13 years, except that (i) a member appointed to fill a vacancy
14 occurring before the expiration of the term for which the
15 predecessor was appointed shall be appointed for the
16 remainder of that term and (ii) terms of the members
17 initially appointed after the effective date of this
18 amendatory Act of 1993 shall be as follows: 6 of the initial
19 members shall be appointed for terms of one year, 6 shall be
20 appointed for terms of 2 years, and 6 shall be appointed for
21 terms of 3 years. No member of the council may serve more
22 than 2 consecutive full terms.
23 Any vacancy occurring in the membership of the Council
24 shall be filled in the same manner as the original
25 appointment. The vacancy shall not affect the power of the
26 remaining members to execute the powers and duties of the
27 Council. The Council shall have the duties enumerated in
28 subsections (c), (d), and (e) of Section 705 of the federal
29 Act.
30 Members shall be reimbursed for their actual expenses
31 incurred in the performance of their duties, including
32 expenses for travel, child care, and personal assistance
33 services, and a member who is not employed or who must
34 forfeit wages from other employment shall be paid reasonable
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1 compensation for each day the member is engaged in performing
2 the duties of the Council. The reimbursement or compensation
3 shall be paid from moneys made available to the Department
4 under Part B of Title VII of the federal Act.
5 In addition to the powers and duties granted to advisory
6 boards by Section 5-505 8 of the Departments of State
7 Government Law (20 ILCS 5/5-505) Civil Administrative Code of
8 Illinois, the Council shall have the authority to appoint
9 jointly with the vocational rehabilitation administrator a
10 peer review committee to consider and make recommendations
11 for grants to eligible centers for independent living.
12 (e) Grants to centers for independent living. Each
13 center for independent living that receives assistance from
14 the Department under this Section shall comply with the
15 standards and provide and comply with the assurances that are
16 set forth in the State plan and consistent with Section 725
17 of the federal Act. Each center for independent living
18 receiving financial assistance from the Department shall
19 provide satisfactory assurances at the time and in the manner
20 the vocational rehabilitation administrator requires.
21 Beginning October 1, 1994, the vocational rehabilitation
22 administrator may award grants to any eligible center for
23 independent living that is receiving funds under Title VII of
24 the federal Act, unless the vocational rehabilitation
25 administrator makes a finding that the center for independent
26 living fails to comply with the standards and assurances set
27 forth in Section 725 of the federal Act.
28 If there is no center for independent living serving a
29 region of the State or the region is underserved, and the
30 State receives a federal increase in its allotment sufficient
31 to support one or more additional centers for independent
32 living in the State, the vocational rehabilitation
33 administrator may award a grant under this subsection to one
34 or more eligible agencies, consistent with the provisions of
HB0236 Engrossed -485- LRB9100031DJcdA
1 the State plan setting forth the design of the State for
2 establishing a statewide network for centers for independent
3 living.
4 In selecting from among eligible agencies in awarding a
5 grant under this subsection for a new center for independent
6 living, the vocational rehabilitation administrator and the
7 chairperson of (or other individual designated by) the
8 Council acting on behalf of and at the direction of the
9 Council shall jointly appoint a peer review committee that
10 shall rank applications in accordance with the standards and
11 assurances set forth in Section 725 of the federal Act and
12 criteria jointly established by the vocational rehabilitation
13 administrator and the chairperson or designated individual.
14 The peer review committee shall consider the ability of the
15 applicant to operate a center for independent living and
16 shall recommend an applicant to receive a grant under this
17 subsection based on the following:
18 (1) Evidence of the need for a center for
19 independent living, consistent with the State plan.
20 (2) Any past performance of the applicant in
21 providing services comparable to independent living
22 services.
23 (3) The applicant's plan for complying with, or
24 demonstrated success in complying with, the standards and
25 assurances set forth in Section 725 of the federal Act.
26 (4) The quality of key personnel of the applicant
27 and the involvement of individuals with severe
28 disabilities by the applicant.
29 (5) The budgets and cost effectiveness of the
30 applicant.
31 (6) The evaluation plan of the applicant.
32 (7) The ability of the applicant to carry out the
33 plan.
34 The vocational rehabilitation administrator shall award
HB0236 Engrossed -486- LRB9100031DJcdA
1 the grant on the basis of the recommendation of the peer
2 review committee if the actions of the committee are
3 consistent with federal and State law.
4 (f) Evaluation and review. The vocational
5 rehabilitation administrator shall periodically review each
6 center for independent living that receives funds from the
7 Department under Title VII of the federal Act, or moneys
8 appropriated from the General Revenue Fund, to determine
9 whether the center is in compliance with the standards and
10 assurances set forth in Section 725 of the federal Act. If
11 the vocational rehabilitation administrator determines that
12 any center receiving those federal or State funds is not in
13 compliance with the standards and assurances set forth in
14 Section 725, the vocational rehabilitation administrator
15 shall immediately notify the center that it is out of
16 compliance. The vocational rehabilitation administrator
17 shall terminate all funds to that center 90 days after the
18 date of notification or, in the case of a center that
19 requests an appeal, the date of any final decision, unless
20 the center submits a plan to achieve compliance within 90
21 days and that plan is approved by the vocational
22 rehabilitation administrator or (if on appeal) by the
23 Commissioner.
24 (Source: P.A. 89-507, eff. 7-1-97; 90-14, eff. 7-1-97;
25 90-372, eff. 7-1-98; 90-453, eff. 8-16-97.)
26 Section 5-160. The State Police Act is amended by
27 changing Sections 1 and 17a as follows:
28 (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
29 Sec. 1. The Department of State Police, hereinafter
30 called the Department, shall maintain divisions in accordance
31 with Section 2605-25 55a-1 of the Department of State Police
32 Law (20 ILCS 2605/2605-25) Civil Administrative Code of
HB0236 Engrossed -487- LRB9100031DJcdA
1 Illinois. The Department, by the Director, shall appoint
2 State policemen, also known as State Police Officers, as
3 provided in this Act.
4 (Source: P.A. 85-1042.)
5 (20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
6 Sec. 17a. The Department of Central Management Services
7 shall procure and furnish to each State policeman, without
8 cost to him, public liability insurance protecting him
9 against any liability arising out of his employment to the
10 extent of the insurance policy limits not exceeding $100,000
11 or include each such State policeman under a self-insurance
12 plan implemented under Section 405-105 64.1 of the Department
13 of Central Management Services Law (20 ILCS 405/405-105)
14 Civil Administrative Code of Illinois.
15 (Source: P.A. 82-789.)
16 Section 5-165. The Criminal Identification Act is
17 amended by changing Section 3 as follows:
18 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
19 Sec. 3. (A) The Department shall file or cause to be
20 filed all plates, photographs, outline pictures,
21 measurements, descriptions and information which shall be
22 received by it by virtue of its office and shall make a
23 complete and systematic record and index of the same,
24 providing thereby a method of convenient reference and
25 comparison. The Department shall furnish, upon application,
26 all information pertaining to the identification of any
27 person or persons, a plate, photograph, outline picture,
28 description, measurements, or any data of which there is a
29 record in its office. Such information shall be furnished to
30 peace officers of the United States, of other states or
31 territories, of the Insular possessions of the United States,
HB0236 Engrossed -488- LRB9100031DJcdA
1 of foreign countries duly authorized to receive the same, to
2 all peace officers of the State of Illinois, to investigators
3 of the Illinois Law Enforcement Training Standards Board and,
4 conviction information only, to units of local government,
5 school districts and private organizations, under the
6 provisions of Section 2605-10, 2605-15, 2605-75, 2605-100,
7 2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140,
8 2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
9 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
10 2605-340, 2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
11 2605-390, 2605-400, 2605-405, 2605-420, 2605-430, 2605-435,
12 2605-500, 2605-525, or 2605-550 of the Department of State
13 Police Law (20 ILCS 2605/2605-10, 2605/2605-15, 2605/2605-75,
14 2605/2605-100, 2605/2605-105, 2605/2605-110, 2605/2605-115,
15 2605/2605-120, 2605/2605-130, 2605/2605-140, 2605/2605-190,
16 2605/2605-200, 2605/2605-205, 2605/2605-210, 2605/2605-215,
17 2605/2605-250, 2605/2605-275, 2605/2605-300, 2605/2605-305,
18 2605/2605-315, 2605/2605-325, 2605/2605-335, 2605/2605-340,
19 2605/2605-350, 2605/2605-355, 2605/2605-360, 2605/2605-365,
20 2605/2605-375, 2605/2605-390, 2605/2605-400, 2605/2605-405,
21 2605/2605-420, 2605/2605-430, 2605/2605-435, 2605/2605-500,
22 2605/2605-525, or 2605/2605-550) Section 55a of the Civil
23 Administrative Code of Illinois. Applications shall be in
24 writing and accompanied by a certificate, signed by the peace
25 officer or chief administrative officer or his designee
26 making such application, to the effect that the information
27 applied for is necessary in the interest of and will be used
28 solely in the due administration of the criminal laws or for
29 the purpose of evaluating the qualifications and character of
30 employees or prospective employees of units of local
31 government and school districts and of employees, prospective
32 employees, volunteers or prospective volunteers of such
33 private organizations.
34 For the purposes of this subsection, "chief
HB0236 Engrossed -489- LRB9100031DJcdA
1 administrative officer" is defined as follows:
2 a) The city manager of a city or, if a city does
3 not employ a city manager, the mayor of the city.
4 b) The manager of a village or, if a village does
5 not employ a manager, the president of the village.
6 c) The chairman or president of a county board or,
7 if a county has adopted the county executive form of
8 government, the chief executive officer of the county.
9 d) The president of the school board of a school
10 district.
11 e) The supervisor of a township.
12 f) The official granted general administrative
13 control of a special district, an authority, or
14 organization of government establishment by law which may
15 issue obligations and which either may levy a property
16 tax or may expend funds of the district, authority, or
17 organization independently of any parent unit of
18 government.
19 g) The executive officer granted general
20 administrative control of a private organization defined
21 in subsection 27 of Section 2605-335 55a of the
22 Department of State Police Law (20 ILCS 2605/2605-335)
23 Civil Administrative Code of Illinois.
24 (B) Upon written application and payment of fees
25 authorized by this subsection, State agencies and units of
26 local government, not including school districts, are
27 authorized to submit fingerprints of employees, prospective
28 employees and license applicants to the Department for the
29 purpose of obtaining conviction information maintained by the
30 Department and the Federal Bureau of Investigation about such
31 persons. The Department shall submit such fingerprints to
32 the Federal Bureau of Investigation on behalf of such
33 agencies and units of local government. The Department shall
34 charge an application fee, based on actual costs, for the
HB0236 Engrossed -490- LRB9100031DJcdA
1 dissemination of conviction information pursuant to this
2 subsection. The Department is empowered to establish this
3 fee and shall prescribe the form and manner for requesting
4 and furnishing conviction information pursuant to this
5 subsection.
6 (C) Upon payment of fees authorized by this subsection,
7 the Department shall furnish to the commanding officer of a
8 military installation in Illinois having an arms storage
9 facility, upon written request of such commanding officer or
10 his designee, and in the form and manner prescribed by the
11 Department, all criminal history record information
12 pertaining to any individual seeking access to such a storage
13 facility, where such information is sought pursuant to a
14 federally-mandated security or criminal history check.
15 The Department shall establish and charge a fee, not to
16 exceed actual costs, for providing information pursuant to
17 this subsection.
18 (Source: P.A. 88-461; 88-586, eff. 8-12-94.)
19 Section 5-170. The Capital Development Board Act is
20 amended by changing Section 9.08a as follows:
21 (20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
22 Sec. 9.08a. The Capital Development Board is authorized,
23 with the consent in writing of the Director of Central
24 Management Services and of the Governor, to acquire by
25 condemnation in the manner provided for the exercise of the
26 power of eminent domain under Article VII of the Code of
27 Civil Procedure, all lands, buildings and grounds for which
28 an appropriation may be made by the General Assembly, other
29 than those acquired by those agencies specified under Section
30 5-675 51 of the Departments of State Government Law (20 ILCS
31 5/5-675) Civil Administrative Code of Illinois, as amended.
32 (Source: P.A. 85-846.)
HB0236 Engrossed -491- LRB9100031DJcdA
1 Section 5-175. The Commissioner of Banks and Trust
2 Companies Act is amended by changing Section 5 as follows:
3 (20 ILCS 3205/5) (from Ch. 17, par. 455)
4 Sec. 5. Powers. In addition to all the other powers and
5 duties provided by law, the Commissioner shall have the
6 following powers:
7 (a) To exercise the rights, powers and duties formerly
8 vested by law in the Director of Financial Institutions under
9 the Illinois Banking Act.
10 (b) To exercise the rights, powers and duties formerly
11 vested by law in the Department of Financial Institutions
12 under "An act to provide for and regulate the administration
13 of trusts by trust companies", approved June 15, 1887, as
14 amended.
15 (c) To exercise the rights, powers and duties formerly
16 vested by law in the Director of Financial Institutions under
17 "An act authorizing foreign corporations, including banks and
18 national banking associations domiciled in other states, to
19 act in a fiduciary capacity in this state upon certain
20 conditions herein set forth", approved July 13, 1953, as
21 amended.
22 (d) Whenever the Commissioner is authorized or required
23 by law to consider or to make findings regarding the
24 character of incorporators, directors, management personnel,
25 or other relevant individuals under the Illinois Banking Act,
26 the Corporate Fiduciary Act, the Pawnbroker Regulation Act,
27 or at other times as the Commissioner deems necessary for the
28 purpose of carrying out the Commissioner's statutory powers
29 and responsibilities, the Commissioner shall consider
30 criminal history record information, including nonconviction
31 information, pursuant to the Criminal Identification Act.
32 The Commissioner shall, in the form and manner required by
33 the Department of State Police and the Federal Bureau of
HB0236 Engrossed -492- LRB9100031DJcdA
1 Investigation, cause to be conducted a criminal history
2 record investigation to obtain information currently
3 contained in the files of the Department of State Police or
4 the Federal Bureau of Investigation, provided that the
5 Commissioner need not cause additional criminal history
6 record investigations to be conducted on individuals for whom
7 the Commissioner, a federal bank regulatory agency, or any
8 other government agency has caused such investigations to
9 have been conducted previously unless such additional
10 investigations are otherwise required by law or unless the
11 Commissioner deems such additional investigations to be
12 necessary for the purposes of carrying out the Commissioner's
13 statutory powers and responsibilities. The Department of
14 State Police shall provide, on the Commissioner's request,
15 information concerning criminal charges and their disposition
16 currently on file with respect to a relevant individual.
17 Information obtained as a result of an investigation under
18 this Section shall be used in determining eligibility to be
19 an incorporator, director, management personnel, or other
20 relevant individual in relation to a financial institution or
21 other entity supervised by the Commissioner. Upon request
22 and payment of fees in conformance with the requirements of
23 paragraph (22) of subsection (A) of Section 2605-400 55a of
24 the Department of State Police Law (20 ILCS 2605/2605-400)
25 Civil Administrative Code of Illinois, the Department of
26 State Police is authorized to furnish, pursuant to positive
27 identification, such information contained in State files as
28 is necessary to fulfill the request.
29 (Source: P.A. 89-508, eff. 7-3-96; 90-301, eff. 8-1-97;
30 90-602, eff. 7-1-98.)
31 Section 5-180. The Historic Preservation Agency Act is
32 amended by changing Sections 5.1 and 12 as follows:
HB0236 Engrossed -493- LRB9100031DJcdA
1 (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
2 Sec. 5.1. The powers, duties and authority granted to
3 the Department of Conservation pursuant to the provisions of
4 Section 63a21.2 of the Civil Administrative Code of Illinois
5 (renumbered; now Section 805-315 of the Department of Natural
6 Resources (Conservation) Law, 20 ILCS 805/805-315) to offer a
7 cash incentive to a qualified bidder for the development,
8 construction and supervision of a concession complex at
9 Lincoln's New Salem State Park are is transferred to the
10 Historic Preservation Agency.
11 (Source: P.A. 84-1348.)
12 (20 ILCS 3405/12) (from Ch. 127, par. 2712)
13 Sec. 12. The Agency shall exercise all rights, powers
14 and duties vested in the Department of Conservation by
15 Section 63a34 of "the Civil Administrative Code of Illinois
16 (renumbered; now Section 805-220 of the Department of Natural
17 Resources (Conservation) Law, 20 ILCS 805/805-220)", approved
18 March 7, 1917, as amended.
19 (Source: P.A. 84-25.)
20 Section 5-182. The Illinois River Watershed Restoration
21 Act is amended by changing Section 15 as follows:
22 (20 ILCS 3967/15)
23 Sec. 15. Illinois River Coordinating Council.
24 (a) There is established the Illinois River Coordinating
25 Council, consisting of 13 voting members to be appointed by
26 the Governor. One member shall be the Lieutenant Governor who
27 shall serve as a voting member and as chairperson of the
28 Council. The Agency members of the Council shall include the
29 Director, or his or her designee, of each of the following
30 agencies: the Department of Agriculture, the Department of
31 Commerce and Community Affairs, the Illinois Environmental
HB0236 Engrossed -494- LRB9100031DJcdA
1 Protection Agency, the Department of Natural Resources, and
2 the Department of Transportation. In addition, the Council
3 shall include one member representing Soil and Water
4 Conservation Districts located within the Watershed of the
5 Illinois River and its tributaries and 6 members representing
6 local communities, not-for-profit organizations working to
7 protect the Illinois River Watershed, business, agriculture,
8 recreation, conservation, and the environment. The Governor
9 may, at his or her discretion, appoint individuals
10 representing federal agencies to serve as ex officio,
11 non-voting members.
12 (b) Members of the Council shall serve 2-year terms,
13 except that of the initial appointments, 5 members shall be
14 appointed to serve 3-year terms and 4 members to serve
15 one-year terms.
16 (c) The Council shall meet at least quarterly.
17 (d) The Office of the Lieutenant Governor shall be
18 responsible for the operations of the Council. The Office
19 may reimburse members of the Council for ordinary and
20 contingent expenses incurred in the performance of Council
21 duties.
22 (e) This Section is subject to the provisions of Section
23 405-500 67.35 of the Department of Central Management
24 Services Law (20 ILCS 405/405-500) Civil Administrative Code
25 of Illinois.
26 (Source: P.A. 90-120, eff. 7-16-97; 90-609, eff. 6-30-98.)
27 Section 5-183. The Illinois Wildlife Prairie Park Act is
28 amended by changing Section 15 as follows:
29 (20 ILCS 4029/15)
30 Sec. 15. Illinois Wildlife Prairie Park Commission. The
31 Illinois Wildlife Prairie Park Commission is created to
32 accept moneys from the State and other private or public
HB0236 Engrossed -495- LRB9100031DJcdA
1 entities on behalf of the Illinois Wildlife Prairie Park and
2 to oversee the financial management of any such moneys used
3 for the benefit of the Illinois Wildlife Prairie Park. The
4 Commission shall be composed of 5 members. Membership of the
5 Commission shall be composed of the Lieutenant Governor, who
6 shall be the chairman of the Commission, and 4 other persons
7 appointed by the Governor, with the advice and consent of the
8 Senate, who have demonstrated an interest in recreation,
9 education, and the conservation of natural resources,
10 including the propagation of wild flowers and plants and the
11 habitat for native fauna. All members shall be ex officio
12 directors of the board of the Foundation or the Foundation's
13 successor. Members of the Commission appointed by the
14 Governor shall be appointed for terms of 4 years and until
15 their successors are appointed; provided that of the
16 Commissioners first appointed, one shall serve a term of 2
17 years, one shall serve a term of 3 years, and 2 shall serve
18 terms of 4 years as determined by drawing lots. Members of
19 the Commission shall receive no compensation for their
20 services, except for their actual and necessary expenses
21 incurred in the performance of their official duties. Three
22 members of the Commission shall constitute a quorum to do
23 business, and the concurrence of at least 3 members shall be
24 necessary for a decision. The Commission shall hold regular
25 quarterly meetings. Special meetings may be called by the
26 chairperson and shall be called on the request of a majority
27 of members, as may be required.
28 The Commission shall provide for the proper and safe
29 keeping of its permanent records. It shall keep a system of
30 accounts showing a true and accurate record of its receipts
31 and disbursements, and it shall cause an audit to be made of
32 its books, records, and accounts.
33 The records of the Commission shall be subject to public
34 inspection at all reasonable hours and under such
HB0236 Engrossed -496- LRB9100031DJcdA
1 regulations as the members may prescribe.
2 The Commission shall annually make a full and complete
3 report to the Governor and the General Assembly of the
4 transactions and operations of the Commission for the
5 preceding year. The report shall contain a full statement of
6 the Commission's receipts and disbursements and the program
7 of work for the period covered, and may include such
8 recommendations as may be deemed advisable.
9 This Section is subject to the provisions of Section
10 405-500 67.35 of the Department of Central Management
11 Services Law (20 ILCS 405/405-500) Civil Administrative Code
12 of Illinois.
13 (Source: P.A. 90-501, eff. 8-19-97; 90-609, eff. 6-30-98.)
14 Section 5-185. The State Finance Act is amended by
15 changing Sections 6p-1, 6p-2, 6z-38, 8.16a, 8.25, 8.33, 12-1,
16 13.4, 14, 14b, and 36 as follows:
17 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
18 Sec. 6p-1. The Statistical Services Revolving Fund shall
19 be initially financed by a transfer of funds from the General
20 Revenue Fund. Thereafter, all fees and other monies received
21 by the Department of Central Management Services in payment
22 for statistical services rendered pursuant to Section 405-20
23 35.7 of the Department of Central Management Services Law (20
24 ILCS 405/405-20) Civil Administrative Code of Illinois, shall
25 be paid into the Statistical Services Revolving Fund. The
26 money in this fund shall be used by the Department of Central
27 Management Services as reimbursement for expenditures
28 incurred in rendering statistical services.
29 (Source: P.A. 82-789.)
30 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
31 Sec. 6p-2. The Communications Revolving Fund shall be
HB0236 Engrossed -497- LRB9100031DJcdA
1 initially financed by a transfer of funds from the General
2 Revenue Fund. Thereafter, all fees and other monies received
3 by the Department of Central Management Services in payment
4 for telecommunications services rendered pursuant to Section
5 405-270 67.18 of the Department of Central Management
6 Services Law (20 ILCS 405/405-270) Civil Administrative Code
7 of Illinois or sale of surplus State communications equipment
8 shall be paid into the Communications Revolving Fund. The
9 money in this fund shall be used by the Department of Central
10 Management Services as reimbursement for expenditures
11 incurred in relation to telecommunications services.
12 (Source: P.A. 84-961.)
13 (30 ILCS 105/6z-38)
14 Sec. 6z-38. General Professions Dedicated Fund. The
15 General Professions Dedicated Fund is created in the State
16 treasury. Moneys in the Fund shall be invested and earnings
17 on the investments shall be retained in the Fund. Moneys in
18 the Fund shall be appropriated to the Department of
19 Professional Regulation for the ordinary and contingent
20 expenses of the Department. Moneys in the Fund may be
21 transferred to the Professions Indirect Cost Fund as
22 authorized by Section 2105-300 61e of the Department of
23 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
24 Administrative Code of Illinois.
25 (Source: P.A. 88-683, eff. 1-24-95; 89-204, eff. 1-1-96.)
26 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
27 Sec. 8.16a. Appropriations for the procurement,
28 installation, retention, maintenance and operation of
29 electronic data processing and information devices used by
30 state agencies subject to Section 405-20 35.7 of the
31 Department of Central Management Services Law (20 ILCS
32 405/405-20) Civil Administrative Code of Illinois, the
HB0236 Engrossed -498- LRB9100031DJcdA
1 purchase of necessary supplies and equipment and accessories
2 thereto, and all other expenses incident to the operation and
3 maintenance of those electronic data processing and
4 information devices are payable from the Statistical Services
5 Revolving Fund. However, no contract shall be entered into or
6 obligation incurred for any expenditure from the Statistical
7 Services Revolving Fund until after the purpose and amount
8 has been approved in writing by the Director of Central
9 Management Services. Until there are sufficient funds in the
10 Statistical Services Revolving Fund to carry out the purposes
11 of this amendatory Act of 1965, however, the State agencies
12 subject to that Section 405-20 35.7 of the Civil
13 Administrative Code of Illinois, shall, on written approval
14 of the Director of Central Management Services, pay the cost
15 of operating and maintaining electronic data processing
16 systems from current appropriations as classified and
17 standardized in "An Act in relation to State finance",
18 approved June 10, 1919, as amended.
19 (Source: P.A. 82-789.)
20 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
21 Sec. 8.25. Build Illinois Fund; uses.
22 (A) All moneys in the Build Illinois Fund shall be
23 transferred, appropriated, and used only for the purposes
24 authorized by and subject to the limitations and conditions
25 prescribed by this Section. There are established the
26 following accounts in the Build Illinois Fund: the McCormick
27 Place Account, the Build Illinois Bond Account, the Build
28 Illinois Purposes Account, the Park and Conservation Fund
29 Account, and the Tourism Advertising and Promotion Account.
30 Amounts deposited into the Build Illinois Fund consisting of
31 1.55% before July 1, 1986, and 1.75% on and after July 1,
32 1986, of moneys received by the Department of Revenue under
33 Section 9 of the Use Tax Act, Section 9 of the Service Use
HB0236 Engrossed -499- LRB9100031DJcdA
1 Tax Act, Section 9 of the Service Occupation Tax Act, and
2 Section 3 of the Retailers' Occupation Tax Act, and all
3 amounts deposited therein under Section 28 of the Illinois
4 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
5 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
6 Operators' Occupation Tax Act, shall be credited initially to
7 the McCormick Place Account and all other amounts deposited
8 into the Build Illinois Fund shall be credited initially to
9 the Build Illinois Bond Account. Of the amounts initially so
10 credited to the McCormick Place Account in each month, the
11 amount that is to be transferred in that month to the
12 Metropolitan Fair and Exposition Authority Improvement Bond
13 Fund, as provided below, shall remain credited to the
14 McCormick Place Account, and all amounts initially so
15 credited in that month in excess thereof shall next be
16 credited to the Build Illinois Bond Account. Of the amounts
17 credited to the Build Illinois Bond Account in each month,
18 the amount that is to be transferred in that month to the
19 Build Illinois Bond Retirement and Interest Fund, as provided
20 below, shall remain credited to the Build Illinois Bond
21 Account, and all amounts so credited in each month in excess
22 thereof shall next be credited monthly to the other accounts
23 in the following order of priority: first, to the Build
24 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
25 year 1986, 1/9, of the fiscal year amounts authorized to be
26 transferred to the Build Illinois Purposes Fund as provided
27 below plus (b) any cumulative deficiency in those transfers
28 for prior months; second, 1/12 of $10,000,000, plus any
29 cumulative deficiency in those transfers for prior months, to
30 the Park and Conservation Fund Account; and third, to the
31 General Revenue Fund in the State Treasury all amounts that
32 remain in the Build Illinois Fund on the last day of each
33 month and are not credited to any account in that Fund.
34 Transfers from the McCormick Place Account in the Build
HB0236 Engrossed -500- LRB9100031DJcdA
1 Illinois Fund shall be made as follows:
2 Beginning with fiscal year 1985 and continuing for each
3 fiscal year thereafter, the Metropolitan Pier and Exposition
4 Authority shall annually certify to the State Comptroller and
5 State Treasurer the amount necessary and required during the
6 fiscal year with respect to which the certification is made
7 to pay the debt service requirements (including amounts to be
8 paid with respect to arrangements to provide additional
9 security or liquidity) on all outstanding bonds and notes,
10 including refunding bonds (herein collectively referred to as
11 bonds) of issues in the aggregate amount (excluding the
12 amount of any refunding bonds issued by that Authority after
13 January 1, 1986) of not more than $312,500,000 issued after
14 July 1, 1984, by that Authority for the purposes specified in
15 Sections 10.1 and 13.1 of the Metropolitan Pier and
16 Exposition Authority Act. In each month of the fiscal year
17 in which there are bonds outstanding with respect to which
18 the annual certification is made, the Comptroller shall order
19 transferred and the Treasurer shall transfer from the
20 McCormick Place Account in the Build Illinois Fund to the
21 Metropolitan Fair and Exposition Authority Improvement Bond
22 Fund an amount equal to 150% of the certified amount for that
23 fiscal year divided by the number of months during that
24 fiscal year in which bonds of the Authority are outstanding,
25 plus any cumulative deficiency in those transfers for prior
26 months; provided, that the maximum amount that may be so
27 transferred in fiscal year 1985 shall not exceed $15,000,000
28 or a lesser sum as is actually necessary and required to pay
29 the debt service requirements for that fiscal year after
30 giving effect to net operating revenues of that Authority
31 available for that purpose as certified by that Authority,
32 and provided further that the maximum amount that may be so
33 transferred in fiscal year 1986 shall not exceed $30,000,000
34 and in each fiscal year thereafter shall not exceed
HB0236 Engrossed -501- LRB9100031DJcdA
1 $33,500,000 in any fiscal year or a lesser sum as is actually
2 necessary and required to pay the debt service requirements
3 for that fiscal year after giving effect to net operating
4 revenues of that Authority available for that purpose as
5 certified by that Authority.
6 When an amount equal to 100% of the aggregate amount of
7 principal and interest in each fiscal year with respect to
8 bonds issued after July 1, 1984, that by their terms are
9 payable from the Metropolitan Fair and Exposition Authority
10 Improvement Bond Fund, including under sinking fund
11 requirements, has been so paid and deficiencies in reserves
12 established from bond proceeds shall have been remedied, and
13 at the time that those amounts have been transferred to the
14 Authority as provided in Section 13.1 of the Metropolitan
15 Pier and Exposition Authority Act, the remaining moneys, if
16 any, deposited and to be deposited during each fiscal year to
17 the Metropolitan Fair and Exposition Authority Improvement
18 Bond Fund shall be transferred to the Metropolitan Fair and
19 Exposition Authority Completion Note Subordinate Fund.
20 Transfers from the Build Illinois Bond Account in the
21 Build Illinois Fund shall be made as follows:
22 Beginning with fiscal year 1986 and continuing for each
23 fiscal year thereafter so long as limited obligation bonds of
24 the State issued under the Build Illinois Bond Act remain
25 outstanding, the Comptroller shall order transferred and the
26 Treasurer shall transfer in each month, commencing in
27 October, 1985, on the last day of that month, from the Build
28 Illinois Bond Account to the Build Illinois Bond Retirement
29 and Interest Fund in the State Treasury the amount required
30 to be so transferred in that month under Section 13 of the
31 Build Illinois Bond Act.
32 Transfers from the remaining accounts in the Build
33 Illinois Fund shall be made in the following amounts and in
34 the following order of priority:
HB0236 Engrossed -502- LRB9100031DJcdA
1 Beginning with fiscal year 1986 and continuing each
2 fiscal year thereafter, as soon as practicable after the
3 first day of each month, commencing in October, 1985, the
4 Comptroller shall order transferred and the Treasurer shall
5 transfer from the Build Illinois Purposes Account in the
6 Build Illinois Fund to the Build Illinois Purposes Fund
7 1/12th (or in the case of fiscal year 1986 1/9) of the
8 amounts specified below for the following fiscal years:
9 Fiscal Year Amount
10 1986 $35,000,000
11 1987 $45,000,000
12 1988 $50,000,000
13 1989 $55,000,000
14 1990 $55,000,000
15 1991 $50,000,000
16 1992 $16,200,000
17 1993 $16,200,000,
18 plus any cumulative deficiency in those transfers for prior
19 months.
20 As soon as may be practicable after the first day of each
21 month beginning after July 1, 1984, the Comptroller shall
22 order transferred and the Treasurer shall transfer from the
23 Park and Conservation Fund Account in the Build Illinois Fund
24 to the Park and Conservation Fund 1/12 of $10,000,000, plus
25 any cumulative deficiency in those transfers for prior
26 months, for conservation and park purposes as enumerated in
27 Section 805-420 63a36 of the Department of Natural Resources
28 (Conservation) Law (20 ILCS 805/805-420) Civil Administrative
29 Code of Illinois, and to pay the debt service requirements on
30 all outstanding bonds of an issue in the aggregate amount of
31 not more than $40,000,000 issued after January 1, 1985, by
32 the State of Illinois for the purposes specified in Section
33 3(c) of the Capital Development Bond Act of 1972, or for the
34 same purposes as specified in any other State general
HB0236 Engrossed -503- LRB9100031DJcdA
1 obligation bond Act enacted after November 1, 1984. Transfers
2 from the Park and Conservation Fund to the Capital
3 Development Bond Retirement and Interest Fund to pay those
4 debt service requirements shall be made in accordance with
5 Section 8.25b of this Act.
6 All funds remaining in the Build Illinois Fund on the
7 last day of any month and not credited to any account in that
8 Fund shall be transferred by the State Treasurer to the
9 General Revenue Fund.
10 (B) For the purpose of this Section, "cumulative
11 deficiency" shall include all deficiencies in those transfers
12 that have occurred since July 1, 1984, as specified in
13 subsection (A) of this Section.
14 (C) In addition to any other permitted use of moneys in
15 the Fund, and notwithstanding any restriction on the use of
16 the Fund, moneys in the Park and Conservation Fund may be
17 transferred to the General Revenue Fund as authorized by
18 Public Act 87-14. The General Assembly finds that an excess
19 of moneys existed in the Fund on July 30, 1991, and the
20 Governor's order of July 30, 1991, requesting the Comptroller
21 and Treasurer to transfer an amount from the Fund to the
22 General Revenue Fund is hereby validated.
23 (D) (Blank).
24 (Source: P.A. 90-26, eff. 7-1-97; 90-372, eff. 7-1-98;
25 90-655, eff. 7-30-98.)
26 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
27 Sec. 8.33. All expenses incident to the leasing or use
28 of the State facilities listed in Section 405-315 67.24 of
29 the Department of Central Management Services Law (20 ILCS
30 405/405-315) Civil Administrative Code of Illinois for lease
31 or use terms not exceeding 30 days in length shall be payable
32 from the Special Events Revolving Fund.
33 Expenses incident to the lease or use of the State
HB0236 Engrossed -504- LRB9100031DJcdA
1 facilities listed in Section 405-315 67.24 of the Department
2 of Central Management Services Law (20 ILCS 405/405-315)
3 Civil Administrative Code of Illinois shall include
4 expenditures for additional commodities, equipment,
5 furniture, improvements, personal services or other expenses
6 required by the Department of Central Management Services to
7 make such facilities available to the public and State
8 employees.
9 (Source: P.A. 87-435.)
10 (30 ILCS 105/12-1) (from Ch. 127, par. 148-1)
11 Sec. 12-1. Travel control boards.
12 (a) The following travel control boards are created with
13 the members and jurisdiction set forth below:
14 (1) A Travel Control Board is created within the
15 Office of the Attorney General consisting of the Attorney
16 General as chairman and 2 members of his supervisory
17 staff appointed by him. The board shall have
18 jurisdiction over travel by employees of the office.
19 (2) A Travel Control Board is created within the
20 Office of the State Comptroller consisting of the
21 Comptroller as chairman and 2 members of his supervisory
22 staff appointed by him. The board shall have
23 jurisdiction over travel by employees of the office.
24 (3) The Higher Education Travel Control Board shall
25 consist of 11 members, one to be appointed by each of the
26 following: the Board of Trustees of the University of
27 Illinois, the Board of Trustees of Southern Illinois
28 University, the Board of Trustees of Chicago State
29 University, the Board of Trustees of Eastern Illinois
30 University, the Board of Trustees of Governors State
31 University, the Board of Trustees of Illinois State
32 University, the Board of Trustees of Northeastern
33 Illinois University, the Board of Trustees of Northern
HB0236 Engrossed -505- LRB9100031DJcdA
1 Illinois University, the Board of Trustees of Western
2 Illinois University, the Illinois Community College Board
3 and the Illinois Board of Higher Education. Each member
4 shall be an officer, member or employee of the board
5 making the appointment, or of an institution governed or
6 maintained by such board. The board shall have
7 jurisdiction over travel by the Board of Higher
8 Education, the Board of Trustees of the University of
9 Illinois, the Board of Trustees of Southern Illinois
10 University, the Board of Trustees of Chicago State
11 University, the Board of Trustees of Eastern Illinois
12 University, the Board of Trustees of Governors State
13 University, the Board of Trustees of Illinois State
14 University, the Board of Trustees of Northeastern
15 Illinois University, the Board of Trustees of Northern
16 Illinois University, the Board of Trustees of Western
17 Illinois University, the Illinois Community College
18 Board, the State Community College of East St. Louis, the
19 Illinois State Scholarship Commission, the State
20 Universities Retirement System, the University Civil
21 Service Merit Board, the Board of Trustees of the
22 Illinois Mathematics and Science Academy and all
23 employees of the named Boards, Commission and System and
24 of the institutions governed or maintained by the named
25 Boards. The Higher Education Travel Control Board shall
26 select a chairman from among its members.
27 (4) The Legislative Travel Control Board shall
28 consist of the following members serving ex-officio: The
29 Auditor General as chairman, the President and the
30 Minority Leader of the Senate and the Speaker and the
31 Minority Leader of the House of Representatives. The
32 board shall have jurisdiction over travel by employees
33 of: the General Assembly, legislative boards and
34 commissions, the Office of the Auditor General and all
HB0236 Engrossed -506- LRB9100031DJcdA
1 legislative agencies.
2 (5) A Travel Control Board is created within the
3 Office of the Lieutenant Governor consisting of the
4 Lieutenant Governor as chairman and 2 members of his
5 supervisory staff appointed by him. The board shall have
6 jurisdiction over travel by employees of the office. The
7 Travel Control Board within the office of the Lieutenant
8 Governor is subject to the provisions of Section 405-500
9 67.35 of the Department of Central Management Services
10 Law (20 ILCS 405/405-500) Civil Administrative Code of
11 Illinois.
12 (6) A Travel Control Board is created within the
13 Office of the Secretary of State consisting of the
14 Secretary of State as chairman, and 2 members of his
15 supervisory staff appointed by him. The board shall have
16 jurisdiction over travel by employees of the office.
17 (7) A Travel Control Board is created within the
18 Judicial Branch consisting of a chairman and 2 members
19 appointed by the Supreme Court. The board shall have
20 jurisdiction over travel by personnel of the Judicial
21 Branch, except the circuit courts and the judges.
22 (8) A Travel Control Board is created under the
23 State Board of Education, consisting of the State
24 Superintendent of Education as chairman, and 2 members of
25 his supervisory staff appointed by the State Board of
26 Education. The Board shall have jurisdiction over travel
27 by employees of the State Board of Education.
28 (9) A Travel Control Board is created within the
29 Office of the State Treasurer, consisting of the State
30 Treasurer as chairman and 2 members of his supervisory
31 staff appointed by him. The board shall have
32 jurisdiction over travel by employees of the office.
33 (10) A Governor's Travel Control Board is created
34 consisting of the Governor ex-officio as chairman, and 2
HB0236 Engrossed -507- LRB9100031DJcdA
1 members appointed by the Governor. The board shall have
2 jurisdiction over travel by employees and officers of all
3 State agencies as defined in the Illinois State Auditing
4 Act, except for the following: judges, members of the
5 General Assembly, elected constitutional officers of the
6 State, the Auditor General, and personnel under the
7 jurisdiction of another travel control board created by
8 statute.
9 (a-5) The Commissioner of Banks and Real Estate, the
10 Prisoner Review Board, and the State Fire Marshal shall
11 submit to the Governor's Travel Control Board the quarterly
12 reports required by regulation pertaining to their employees
13 reimbursed for housing.
14 (b) Each travel control board created by this Section
15 shall meet at the call of the chairman at least quarterly to
16 review all vouchers, or a report thereof, for travel
17 reimbursements involving an exception to the State Travel
18 Regulations and Rates. Each travel control board shall
19 prescribe the procedures for submission of an information
20 copy of vouchers involving an exception to the general
21 provisions established by the State Travel Regulations and
22 Reimbursement Rates.
23 (c) Any chairman or member of a travel control board
24 may, with the consent of the respective appointing official,
25 designate a deputy to serve in his place at any or all
26 meetings of the board. The designation shall be in writing
27 and directed to the chairman of the board.
28 (d) No member of a travel control board may receive
29 additional compensation for his service as a member.
30 (e) A report of the travel reimbursement claims reviewed
31 by each travel control board shall be submitted to the
32 Legislative Audit Commission at least once each quarter and
33 that Commission shall comment on all such reports in its
34 annual reports to the General Assembly.
HB0236 Engrossed -508- LRB9100031DJcdA
1 (Source: P.A. 89-4, eff. 1-1-96; 89-214, eff. 8-4-95; 89-508,
2 eff. 7-3-96; 89-626, eff. 8-9-96; 90-609, eff. 6-30-98.)
3 (30 ILCS 105/13.4) (from Ch. 127, par. 149.4)
4 Sec. 13.4. All appropriations recommended to the General
5 Assembly by the Governor in the State Budget submitted
6 pursuant to Section 50-5 38 of "the State Budget Law (15 ILCS
7 20/50-5) Civil Administrative Code of Illinois" shall be
8 incorporated into and prepared as one or more appropriation
9 bills which shall either be introduced in the General
10 Assembly or submitted to the legislative leaders of both the
11 Senate and the House of Representatives not later than 2
12 session days after the submission of the Governor's budget
13 recommendations immediately preceding the start of the fiscal
14 year for which the Budget is recommended.
15 (Source: P.A. 81-518.)
16 (30 ILCS 105/14) (from Ch. 127, par. 150)
17 Sec. 14. The item "personal services", when used in an
18 appropriation Act, means the reward or recompense made for
19 personal services rendered for the State by an officer or
20 employee of the State or of an instrumentality thereof, or
21 for the purpose of Section 14a of this Act, or any amount
22 required or authorized to be deducted from the salary of any
23 such person under the provisions of Section 30c of this Act,
24 or any retirement or tax law, or both, or deductions from the
25 salary of any such person under the Social Security Enabling
26 Act or deductions from the salary of such person pursuant to
27 the Voluntary Payroll Deductions Act of 1983.
28 If no home is furnished to a person who is a full-time
29 chaplain employed by the State or a former full-time chaplain
30 retired from State employment, 20% of the salary or pension
31 paid to that person for his personal services to the State as
32 chaplain are considered to be a rental allowance paid to him
HB0236 Engrossed -509- LRB9100031DJcdA
1 to rent or otherwise provide a home. This amendatory Act of
2 1973 applies to State salary amounts received after December
3 31, 1973.
4 When any appropriation payable from trust funds or
5 federal funds includes an item for personal services but does
6 not include a separate item for State contribution for
7 employee group insurance, the State contribution for employee
8 group insurance in relation to employees paid under that
9 personal services line item shall also be payable under that
10 personal services line item.
11 When any appropriation payable from trust funds or
12 federal funds includes an item for personal services but does
13 not include a separate item for employee retirement
14 contributions paid by the employer, the State contribution
15 for employee retirement contributions paid by the employer in
16 relation to employees paid under that personal services line
17 item shall also be payable under that personal services line
18 item.
19 The item "personal services", when used in an
20 appropriation Act, shall also mean and include a payment to a
21 State retirement system by a State agency to discharge a debt
22 arising from the over-refund to an employee of retirement
23 contributions. The payment to a State retirement system
24 authorized by this paragraph shall not be construed to
25 release the employee from his or her obligation to return to
26 the State the amount of the over-refund.
27 The item "personal services", when used in an
28 appropriation Act, also includes a payment to reimburse the
29 Department of Central Management Services for temporary total
30 disability benefit payments in accordance with subdivision
31 (9) (i)(2) of Section 405-105 64.1 of the Department of
32 Central Management Services Law (20 ILCS 405/405-105) Civil
33 Administrative Code of Illinois.
34 Beginning July 1, 1993, the item "personal services" and
HB0236 Engrossed -510- LRB9100031DJcdA
1 related line items, when used in an appropriation Act or this
2 Act, shall also mean and include back wage claims of State
3 officers and employees to the extent those claims have not
4 been satisfied from the back wage appropriation to the
5 Department of Central Management Services in the preceding
6 fiscal year, as provided in Section 14b of this Act and
7 subdivision (13) of Section 405-105 64.1(m) of the Department
8 of Central Management Services Law (20 ILCS 405/405-105)
9 Civil Administrative Code of Illinois.
10 The item "personal services", when used with respect to
11 State police officers in an appropriation Act, also includes
12 a payment for the burial expenses of a State police officer
13 killed in the line of duty, made in accordance with Section
14 12.2 of the State Police Act and any rules adopted under that
15 Section.
16 (Source: P.A. 90-178, eff. 7-23-97.)
17 (30 ILCS 105/14b) (from Ch. 127, par. 150b)
18 Sec. 14b. Back wage claims. This Section applies
19 beginning July 1, 1993.
20 (a) The Director of the Department of Central Management
21 Services is authorized to pay any portion of a back wage
22 claim of a State employee of the Office of the Governor or of
23 a State department listed in Section 5-15 3 of the
24 Departments of State Government Law (20 ILCS 5/5-15) Civil
25 Administrative Code of Illinois, that has not been satisfied
26 from the Department's preceding fiscal year back wage claim
27 appropriation, from the lapsed personal services line item
28 and related line item appropriations of the Office of the
29 Governor or the appropriate State department, payable from
30 the General Revenue Fund. If any portion of the back wage
31 claim still remains unsatisfied, the Director of the
32 Department of Central Management Services is authorized to
33 pay the unsatisfied portion from the lapsed personal services
HB0236 Engrossed -511- LRB9100031DJcdA
1 line item and related line item appropriations of the
2 Department of Central Management Services, payable from the
3 General Revenue Fund. The Director of the Department of
4 Central Management Services is authorized to issue the
5 necessary vouchers for payments under this subsection.
6 (b) The officer responsible for approving and certifying
7 payroll vouchers of all State officers and of all State
8 offices, agencies, boards or commissions not covered in
9 subsection (a) is authorized to pay any portion of a back
10 wage claim of a State officer or employee, that has not been
11 satisfied from the Department of Central Management Services'
12 preceding fiscal year back wage claim appropriation, from the
13 lapsed personal services line item and related line item
14 appropriations of the employing State office or agency,
15 payable from the General Revenue Fund. If any portion of the
16 back wage claim still remains unsatisfied, the Director of
17 the Department of Central Management Services is authorized
18 to pay the unsatisfied portion from the lapsed personal
19 services line item and related line item appropriations of
20 the Department of Central Management Services, payable from
21 the General Revenue Fund. The certifying officer, or the
22 Director of the Department of Central Management Services in
23 the case of payment from lapsed Department appropriations, is
24 authorized to issue the necessary vouchers for payments under
25 this subsection.
26 (c) The Director of the Department of Central Management
27 Services may promulgate rules governing all back wage claim
28 matters.
29 (Source: P.A. 87-1234.)
30 (30 ILCS 105/36) (from Ch. 127, par. 167.04)
31 Sec. 36. Contracts entered into by the Department of
32 Central Management Services pursuant to Section 405-295 67.30
33 Civil Administrative Code of Illinois may
2 provide for payment to the vendor to be determined, wholly or
3 partially, on demonstrated savings in energy consumption.
4 Payments for such projects shall be paid by the agency or
5 agencies that benefit from the project. Funds which
6 otherwise would have been used to pay for utilities may be
7 used to pay the costs associated with the energy savings
8 project contract.
9 (Source: P.A. 86-1287.)
10 Section 5-190. The Gifts and Grants to Government Act is
11 amended by changing Section 1 as follows:
12 (30 ILCS 110/1) (from Ch. 127, par. 168-81)
13 Sec. 1. The Governor, Lieutenant Governor, Attorney
14 General, Secretary of State, Comptroller and Treasurer may
15 accept monetary gifts or grants from any nongovernmental
16 source, upon such terms and conditions as may be imposed, and
17 may expend, subject to appropriation, such gifts or grants
18 for any purpose necessary or desirable in the exercise of the
19 powers or the performance of the duties of their offices.
20 Until January 11, 1999, while the office of Lieutenant
21 Governor is vacant, the powers and duties of the Lieutenant
22 Governor under this Act shall be carried out as provided in
23 Section 67.35 of the Civil Administrative Code of Illinois
24 (renumbered; now Section 405-500 of the Department of Central
25 Management Services Law, 20 ILCS 405/405-500).
26 (Source: P.A. 90-609, eff. 6-30-98.)
27 Section 5-195. The Uncollected State Claims Act is
28 amended by changing Section 2 as follows:
29 (30 ILCS 205/2) (from Ch. 15, par. 102)
30 Sec. 2. (a) When any State agency is unable to collect
HB0236 Engrossed -513- LRB9100031DJcdA
1 any claim or account receivable of $1,000 or more due the
2 agency after having pursued the procedure prescribed by law
3 or applicable rules and regulations for the collection
4 thereof or, if no procedure is so prescribed, then after
5 having undertaken all reasonable and appropriate procedures
6 available to the agency to effectuate collection, the State
7 agency shall request the Attorney General to certify the
8 claim or account receivable to be uncollectible.
9 (b) Each request to the Attorney General asking that a
10 claim or account receivable of $1,000 or more be declared
11 uncollectible shall be in a format prescribed by the Attorney
12 General and shall include at a minimum the following
13 information: debtor's name, debtor's social security number
14 or comparable identifying number, debtor's last known
15 address, nature of the debt, efforts made to collect the debt
16 and the time period covered by those efforts, the age of the
17 debt, the age of the debtor and the specific reason the State
18 agency believes the debt to be uncollectible. Nothing in
19 this provision should be interpreted as a limitation on the
20 authority of the Attorney General to require additional
21 information that he may find to be necessary to evaluate
22 requests sent him pursuant to this provision.
23 (c) Claims or accounts receivable of less than $1,000
24 may be certified as uncollectible by the agency when the
25 agency determines that further collection efforts are not in
26 the best economic interest of the State. Such determination
27 shall be made in accordance with rules of the Comptroller.
28 (d) If any item of information required by this
29 provision or any item of additional information required by
30 the Attorney General is not available, the State agency shall
31 specifically so state in its request to the Attorney General
32 asking that the debt be declared uncollectible.
33 (e) A State agency participating in a federal student
34 loan program may remove student loans from its records by
HB0236 Engrossed -514- LRB9100031DJcdA
1 assigning or referring such student loans to the federal
2 government for collection pursuant to the procedures
3 prescribed by federal laws and regulations.
4 (f) Claims and receivables due from another State agency
5 may be written off if the agency has pursued all reasonable
6 means of collection and if the amount (1) is payable from an
7 appropriation which has lapsed; (2) may not properly be
8 charged against a current appropriation; and (3) was not
9 originally payable from federal funds, a trust fund or
10 locally held funds. Each agency which writes off claims or
11 receivables pursuant to this subparagraph shall submit a
12 listing of all such write-offs to the Comptroller within 60
13 days of taking such action.
14 (g) Debts certified as uncollectible may be reopened for
15 collection by an agency upon the approval of the Attorney
16 General.
17 (h) Agencies shall submit a list of debts certified as
18 uncollectible to the Comptroller in the form and manner
19 specified by the Comptroller. The Comptroller shall take
20 reasonable steps to accept information on agency computer
21 tapes.
22 (i) After compliance with all provisions of this
23 Section, an agency may delete from its records debts
24 certified as uncollectible as follows:
25 (1) When the debt is less than $1,000, immediately upon
26 certification by the agency;
27 (2) For debts of $1,000 or more that are less than 5
28 years old, when the agency determines pursuant to rules and
29 regulations promulgated by the Comptroller that such deletion
30 is in the best economic interest of the State;
31 (3) For debts of $1,000 or more when, the debt is more
32 than 5 years old.
33 (j) The Attorney General shall report to the General
34 Assembly by February 1 of each year the following:
HB0236 Engrossed -515- LRB9100031DJcdA
1 (1) the total number and dollar amount of debts referred
2 to him for collection in the preceding calendar year;
3 (2) the total amount actually collected;
4 (3) the number of cases by agency.
5 (k) Each State agency shall report in its annual report
6 the total amount and the number of claims due and payable to
7 the State. Each agency shall also describe in its annual
8 report the method used in collecting debts, whether by a
9 private collection service or by the Attorney General.
10 (1) The provisions of Section 2505-250 39c of the
11 Department of Revenue Law (20 ILCS 2505/2505-250) Civil
12 Administrative Code of Illinois take precedence over the
13 provisions of this Section.
14 (Source: P.A. 84-1308; 84-1344.)
15 Section 5-200. The State Officers and Employees Money
16 Disposition Act is amended by changing Section 2 as follows:
17 (30 ILCS 230/2) (from Ch. 127, par. 171)
18 Sec. 2. Accounts of money received; payment into State
19 treasury.
20 (a) Every officer, board, commission, commissioner,
21 department, institution, arm or agency brought within the
22 provisions of this Act by Section 1 shall keep in proper
23 books a detailed itemized account of all moneys received for
24 or on behalf of the State, showing the date of receipt, the
25 payor, and purpose and amount, and the date and manner of
26 disbursement as hereinafter provided, and, unless a different
27 time of payment is expressly provided by law or by rules or
28 regulations promulgated under subsection (b) of this Section,
29 shall pay into the State treasury the gross amount of money
30 so received on the day of actual physical receipt with
31 respect to any single item of receipt exceeding $10,000,
32 within 24 hours of actual physical receipt with respect to an
HB0236 Engrossed -516- LRB9100031DJcdA
1 accumulation of receipts of $10,000 or more, or within 48
2 hours of actual physical receipt with respect to an
3 accumulation of receipts exceeding $500 but less than
4 $10,000, disregarding holidays, Saturdays and Sundays, after
5 the receipt of same, without any deduction on account of
6 salaries, fees, costs, charges, expenses or claims of any
7 description whatever; provided that:
8 (1) the provisions of (i) Section 2505-475 39b32 of
9 the Department of Revenue Law (20 ILCS 2505/2505-475)
10 Civil Administrative Code of Illinois, (ii) any specific
11 taxing statute authorizing a claim for credit procedure
12 instead of the actual making of refunds, (iii) Section
13 505 of the Illinois Controlled Substances Act,
14 authorizing the Director of State Police to dispose of
15 forfeited property, which includes the sale and
16 disposition of the proceeds of the sale of forfeited
17 property, and the Department of Central Management
18 Services to be reimbursed for costs incurred with the
19 sales of forfeited vehicles, boats or aircraft and to pay
20 to bona fide or innocent purchasers, conditional sales
21 vendors or mortgagees of such vehicles, boats or aircraft
22 their interest in such vehicles, boats or aircraft, and
23 (iv) Section 6b-2 of the State Finance Act, establishing
24 procedures for handling cash receipts from the sale of
25 pari-mutuel wagering tickets, shall not be deemed to be
26 in conflict with the requirements of this Section;
27 (2) any fees received by the State Registrar of
28 Vital Records pursuant to the Vital Records Act which are
29 insufficient in amount may be returned by the Registrar
30 as provided in that Act;
31 (3) any fees received by the Department of Public
32 Health under the Food Handling Regulation Enforcement Act
33 that are submitted for renewal of an expired food service
34 sanitation manager certificate may be returned by the
HB0236 Engrossed -517- LRB9100031DJcdA
1 Director as provided in that Act; and
2 (4) if the amount of money received does not exceed
3 $500, such money may be retained and need not be paid
4 into the State treasury until the total amount of money
5 so received exceeds $500, or until the next succeeding
6 1st or 15th day of each month (or until the next business
7 day if these days fall on Sunday or a holiday), whichever
8 is earlier, at which earlier time such money shall be
9 paid into the State treasury, except that if a local bank
10 or savings and loan association account has been
11 authorized by law, any balances shall be paid into the
12 State treasury on Monday of each week if more than $500
13 is to be deposited in any fund.
14 Single items of receipt exceeding $10,000 received after
15 2 p.m. on a working day may be deemed to have been received
16 on the next working day for purposes of fulfilling the
17 requirement that the item be deposited on the day of actual
18 physical receipt.
19 No money belonging to or left for the use of the State
20 shall be expended or applied except in consequence of an
21 appropriation made by law and upon the warrant of the State
22 Comptroller. However, payments made by the Comptroller to
23 persons by direct deposit need not be made upon the warrant
24 of the Comptroller, but if not made upon a warrant, shall be
25 made in accordance with Section 9.02 of the State Comptroller
26 Act. All moneys so paid into the State treasury shall,
27 unless required by some statute to be held in the State
28 treasury in a separate or special fund, be covered into the
29 General Revenue Fund in the State treasury. Moneys received
30 in the form of checks, drafts or similar instruments shall be
31 properly endorsed, if necessary, and delivered to the State
32 Treasurer for collection. The State Treasurer shall remit
33 such collected funds to the depositing officer, board,
34 commission, commissioner, department, institution, arm or
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1 agency by Treasurers Draft or through electronic funds
2 transfer. The draft or notification of the electronic funds
3 transfer shall be provided to the State Comptroller to allow
4 deposit into the appropriate fund.
5 (b) Different time periods for the payment of public
6 funds into the State treasury or to the State Treasurer, in
7 excess of the periods established in subsection (a) of this
8 Section, but not in excess of 30 days after receipt of such
9 funds, may be established and revised from time to time by
10 rules or regulations promulgated jointly by the State
11 Treasurer and the State Comptroller in accordance with the
12 Illinois Administrative Procedure Act. The different time
13 periods established by rule or regulation under this
14 subsection may vary according to the nature and amounts of
15 the funds received, the locations at which the funds are
16 received, whether compliance with the deposit requirements
17 specified in subsection (a) of this Section would be cost
18 effective, and such other circumstances and conditions as the
19 promulgating authorities consider to be appropriate. The
20 Treasurer and the Comptroller shall review all such different
21 time periods established pursuant to this subsection every 2
22 years from the establishment thereof and upon such review,
23 unless it is determined that it is economically unfeasible
24 for the agency to comply with the provisions of subsection
25 (a), shall repeal such different time period.
26 (Source: P.A. 89-641, eff. 8-9-96; 90-37, eff. 6-27-97;
27 90-655, eff. 7-30-98.)
28 Section 5-205. The General Obligation Bond Act is amended
29 by changing Section 4 as follows:
30 (30 ILCS 330/4) (from Ch. 127, par. 654)
31 Sec. 4. Transportation. The amount of $2,484,270,000 is
32 authorized for use by the Department of Transportation for
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1 the specific purpose of promoting and assuring rapid,
2 efficient, and safe highway, air and mass transportation for
3 the inhabitants of the State by providing monies, including
4 the making of grants and loans, for the acquisition,
5 construction, reconstruction, extension and improvement of
6 the following transportation facilities and equipment, and
7 for the acquisition of real property and interests in real
8 property required or expected to be required in connection
9 therewith as follows:
10 (a) $1,411,000,000 for State highways, arterial
11 highways, freeways, roads, bridges, structures separating
12 highways and railroads and roads, and bridges on roads
13 maintained by counties, municipalities, townships or road
14 districts for the following specific purposes:
15 (1) $1,310,000,000 for use statewide,
16 (2) $3,641,000 for use outside the Chicago
17 urbanized area,
18 (3) $7,543,000 for use within the Chicago urbanized
19 area,
20 (4) $13,060,600 for use within the City of Chicago,
21 (5) $57,894,500 for use within the counties of
22 Cook, DuPage, Kane, Lake, McHenry and Will, and
23 (6) $18,860,900 for use outside the counties of
24 Cook, DuPage, Kane, Lake, McHenry and Will.
25 (b) $883,270,000 for mass transit facilities, as defined
26 in Section 2705-305 49.19 of the Department of Transportation
27 Law (20 ILCS 2705/2705-305) Civil Administrative Code of
28 Illinois, including rapid transit, rail, bus and other
29 equipment used in connection therewith by the State or any
30 unit of local government, special transportation district,
31 municipal corporation or other corporation or public
32 authority authorized to provide and promote public
33 transportation within the State or two or more of the
34 foregoing jointly, for the following specific purposes:
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1 (1) $787,470,000 statewide,
2 (2) $83,350,000 for use within the counties of
3 Cook, DuPage, Kane, Lake, McHenry and Will,
4 (3) $12,450,000 for use outside the counties of
5 Cook, DuPage, Kane, Lake, McHenry and Will.
6 (c) $190,000,000 for airport or aviation facilities and
7 any equipment used in connection therewith, including
8 engineering and land acquisition costs, by the State or any
9 unit of local government, special transportation district,
10 municipal corporation or other corporation or public
11 authority authorized to provide public transportation within
12 the State, or two or more of the foregoing acting jointly.
13 (Source: P.A. 89-235, eff. 8-4-95; 90-1, eff. 2-20-97; 90-8,
14 eff. 12-8-97 (changed from 6-1-98 by P.A. 90-549); 90-586,
15 eff. 6-4-98.)
16 Section 5-215. The Downstate Public Transportation Act is
17 amended by changing Section 2-7 as follows:
18 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
19 Sec. 2-7. Quarterly reports; annual audit.
20 (a) Any Metro-East Transit District participant shall,
21 no later than 30 days following the end of each month of any
22 fiscal year, file with the Department on forms provided by
23 the Department for that purpose, a report of the actual
24 operating deficit experienced during that quarter. The
25 Department shall, upon receipt of the quarterly report, and
26 upon determining that such operating deficits were incurred
27 in conformity with the program of proposed expenditures
28 approved by the Department pursuant to Section 2-11, pay to
29 any Metro-East Transit District participant such portion of
30 such operating deficit as funds have been transferred to the
31 Metro-East Transit Public Transportation Fund and allocated
32 to that Metro-East Transit District participant.
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1 (b) Each participant other than any Metro-East Transit
2 District participant shall, 30 days before the end of each
3 quarter, file with the Department on forms provided by the
4 Department for such purposes a report of the projected
5 eligible operating expenses to be incurred in the next
6 quarter and 30 days before the third and fourth quarters of
7 any fiscal year a statement of actual eligible operating
8 expenses incurred in the preceding quarters. Within 45 days
9 of receipt by the Department of such quarterly report, the
10 Comptroller shall order paid and the Treasurer shall pay from
11 the Downstate Public Transportation Fund to each participant
12 an amount equal to one-third of such participant's eligible
13 operating expenses; provided, however, that in Fiscal Year
14 1997, the amount paid to each participant from the Downstate
15 Public Transportation Fund shall be an amount equal to 47% of
16 such participant's eligible operating expenses and shall be
17 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
18 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
19 and thereafter; however, in any year that a participant
20 receives funding under subsection (i) paragraph (9) of
21 Section 2705-305 49.19 of the Department of Transportation
22 Law (20 ILCS 2705/2705-305) Civil Administrative Code of
23 Illinois, that participant shall be eligible only for
24 assistance equal to the following percentage of its eligible
25 operating expenses: 42% in Fiscal Year 1997, 44% in Fiscal
26 Year 1998, 46% in Fiscal Year 1999, 48% in Fiscal Year 2000,
27 and 50% in Fiscal Year 2001 and thereafter. Any such payment
28 for the third and fourth quarters of any fiscal year shall be
29 adjusted to reflect actual eligible operating expenses for
30 preceding quarters of such fiscal year. However, no
31 participant shall receive an amount less than that which was
32 received in the immediate prior year, provided in the event
33 of a shortfall in the fund those participants receiving less
34 than their full allocation pursuant to Section 6 of this
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1 Article shall be the first participants to receive an amount
2 not less than that received in the immediate prior year.
3 (c) No later than 180 days following the last day of the
4 Fiscal Year each participant shall provide the Department
5 with an audit prepared by a Certified Public Accountant
6 covering that Fiscal Year. Any discrepancy between the
7 grants paid and one-third of the eligible operating expenses
8 or in the case of the Bi-State Metropolitan Development
9 District the approved program amount shall be reconciled by
10 appropriate payment or credit. Beginning in Fiscal Year 1985,
11 for those participants other than the Bi-State Metropolitan
12 Development District, any discrepancy between the grants paid
13 and the percentage of the eligible operating expenses
14 provided for by paragraph (b) of this Section shall be
15 reconciled by appropriate payment or credit.
16 (Source: P.A. 89-598, eff. 8-1-96.)
17 Section 5-220. The Illinois Income Tax Act is amended by
18 changing Sections 302, 701, and 901 as follows:
19 (35 ILCS 5/302) (from Ch. 120, par. 3-302)
20 Sec. 302. Compensation paid to nonresidents.
21 (a) In general. All items of compensation paid in this
22 State (as determined under Section 304(a)(2)(B)) to an
23 individual who is a nonresident at the time of such payment
24 and all items of deduction directly allocable thereto, shall
25 be allocated to this State.
26 (b) Reciprocal exemption. The Director may enter into an
27 agreement with the taxing authorities of any state which
28 imposes a tax on or measured by income to provide that
29 compensation paid in such state to residents of this State
30 shall be exempt from such tax; in such case, any compensation
31 paid in this State to residents of such state shall not be
32 allocated to this State. All reciprocal agreements shall be
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1 subject to the requirements of Section 2505-575 39b53 of the
2 Department of Revenue Law (20 ILCS 2505/2505-575) Civil
3 Administrative Code of Illinois.
4 (c) Cross references.
5 (1) For allocation of amounts received by
6 nonresidents from certain employee trusts, see Section
7 301(b)(2).
8 (2) For allocation of compensation by residents,
9 see Section 301(a).
10 (Source: P.A. 90-491, eff. 1-1-98.)
11 (35 ILCS 5/701) (from Ch. 120, par. 7-701)
12 Sec. 701. Requirement and Amount of Withholding.
13 (a) In General.
14 Every employer maintaining an office or transacting
15 business within this State and required under the provisions
16 of the Internal Revenue Code to withhold a tax on:
17 (1) compensation paid in this State (as determined
18 under Section 304 (a) (2) (B) to an individual; or
19 (2) payments described in subsection (b) shall
20 deduct and withhold from such compensation for each
21 payroll period (as defined in Section 3401 of the
22 Internal Revenue Code) an amount equal to the amount by
23 which such individual's compensation exceeds the
24 proportionate part of this withholding exemption
25 (computed as provided in Section 702) attributable to the
26 payroll period for which such compensation is payable
27 multiplied by a percentage equal to the percentage tax
28 rate for individuals provided in subsection (b) of
29 Section 201.
30 (b) Payment to Residents.
31 Any payment (including compensation) to a resident by a
32 payor maintaining an office or transacting business within
33 this State and on which withholding of tax is required under
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1 the provisions of the Internal Revenue Code shall be deemed
2 to be compensation paid in this State by an employer to an
3 employee for the purposes of Article 7 and Section 601 (b)
4 (1) to the extent such payment is included in the recipient's
5 base income and not subjected to withholding by another
6 state.
7 (c) Special Definitions.
8 Withholding shall be considered required under the
9 provisions of the Internal Revenue Code to the extent the
10 Internal Revenue Code either requires withholding or allows
11 for voluntary withholding the payor and recipient have
12 entered into such a voluntary withholding agreement. For the
13 purposes of Article 7 and Section 1002 (c) the term
14 "employer" includes any payor who is required to withhold tax
15 pursuant to this Section.
16 (d) Reciprocal Exemption.
17 The Director may enter into an agreement with the taxing
18 authorities of any state which imposes a tax on or measured
19 by income to provide that compensation paid in such state to
20 residents of this State shall be exempt from withholding of
21 such tax; in such case, any compensation paid in this State
22 to residents of such state shall be exempt from withholding.
23 All reciprocal agreements shall be subject to the
24 requirements of Section 2505-575 39b53 of the Department of
25 Revenue Law (20 ILCS 2505/2505-575) Civil Administrative Code
26 of Illinois.
27 (e) Notwithstanding subsection (a) (2) of this Section,
28 no withholding is required on payments for which withholding
29 is required under Section 3405 or 3406 of the Internal
30 Revenue Code of 1954.
31 (Source: P.A. 90-491, eff. 1-1-98.)
32 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
33 Sec. 901. Collection Authority.
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1 (a) In general.
2 The Department shall collect the taxes imposed by this
3 Act. The Department shall collect certified past due child
4 support amounts under Section 2505-650 39b52 of the
5 Department of Revenue Law (20 ILCS 2505/2505-650) Civil
6 Administrative Code of Illinois. Except as provided in
7 subsections (c) and (e) of this Section, money collected
8 pursuant to subsections (a) and (b) of Section 201 of this
9 Act shall be paid into the General Revenue Fund in the State
10 treasury; money collected pursuant to subsections (c) and (d)
11 of Section 201 of this Act shall be paid into the Personal
12 Property Tax Replacement Fund, a special fund in the State
13 Treasury; and money collected under Section 2505-650 39b52 of
14 the Department of Revenue Law (20 ILCS 2505/2505-650) Civil
15 Administrative Code of Illinois shall be paid into the Child
16 Support Enforcement Trust Fund, a special fund outside the
17 State Treasury.
18 (b) Local Governmental Distributive Fund.
19 Beginning August 1, 1969, and continuing through June 30,
20 1994, the Treasurer shall transfer each month from the
21 General Revenue Fund to a special fund in the State treasury,
22 to be known as the "Local Government Distributive Fund", an
23 amount equal to 1/12 of the net revenue realized from the tax
24 imposed by subsections (a) and (b) of Section 201 of this Act
25 during the preceding month. Beginning July 1, 1994, and
26 continuing through June 30, 1995, the Treasurer shall
27 transfer each month from the General Revenue Fund to the
28 Local Government Distributive Fund an amount equal to 1/11 of
29 the net revenue realized from the tax imposed by subsections
30 (a) and (b) of Section 201 of this Act during the preceding
31 month. Beginning July 1, 1995, the Treasurer shall transfer
32 each month from the General Revenue Fund to the Local
33 Government Distributive Fund an amount equal to 1/10 of the
34 net revenue realized from the tax imposed by subsections (a)
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1 and (b) of Section 201 of the Illinois Income Tax Act during
2 the preceding month. Net revenue realized for a month shall
3 be defined as the revenue from the tax imposed by subsections
4 (a) and (b) of Section 201 of this Act which is deposited in
5 the General Revenue Fund, the Educational Assistance Fund and
6 the Income Tax Surcharge Local Government Distributive Fund
7 during the month minus the amount paid out of the General
8 Revenue Fund in State warrants during that same month as
9 refunds to taxpayers for overpayment of liability under the
10 tax imposed by subsections (a) and (b) of Section 201 of this
11 Act.
12 (c) Deposits Into Income Tax Refund Fund.
13 (1) Beginning on January 1, 1989 and thereafter,
14 the Department shall deposit a percentage of the amounts
15 collected pursuant to subsections (a) and (b)(1), (2),
16 and (3), of Section 201 of this Act into a fund in the
17 State treasury known as the Income Tax Refund Fund. The
18 Department shall deposit 6% of such amounts during the
19 period beginning January 1, 1989 and ending on June 30,
20 1989. Beginning with State fiscal year 1990 and for each
21 fiscal year thereafter, the percentage deposited into the
22 Income Tax Refund Fund during a fiscal year shall be the
23 Annual Percentage. For fiscal years 1999 through 2001,
24 the Annual Percentage shall be 7.1%. For all other
25 fiscal years, the Annual Percentage shall be calculated
26 as a fraction, the numerator of which shall be the amount
27 of refunds approved for payment by the Department during
28 the preceding fiscal year as a result of overpayment of
29 tax liability under subsections (a) and (b)(1), (2), and
30 (3) of Section 201 of this Act plus the amount of such
31 refunds remaining approved but unpaid at the end of the
32 preceding fiscal year, the denominator of which shall be
33 the amounts which will be collected pursuant to
34 subsections (a) and (b)(1), (2), and (3) of Section 201
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1 of this Act during the preceding fiscal year. The
2 Director of Revenue shall certify the Annual Percentage
3 to the Comptroller on the last business day of the fiscal
4 year immediately preceding the fiscal year for which it
5 is to be effective.
6 (2) Beginning on January 1, 1989 and thereafter,
7 the Department shall deposit a percentage of the amounts
8 collected pursuant to subsections (a) and (b)(6), (7),
9 and (8), (c) and (d) of Section 201 of this Act into a
10 fund in the State treasury known as the Income Tax Refund
11 Fund. The Department shall deposit 18% of such amounts
12 during the period beginning January 1, 1989 and ending on
13 June 30, 1989. Beginning with State fiscal year 1990 and
14 for each fiscal year thereafter, the percentage deposited
15 into the Income Tax Refund Fund during a fiscal year
16 shall be the Annual Percentage. For fiscal years 1999,
17 2000, and 2001, the Annual Percentage shall be 19%. For
18 all other fiscal years, the Annual Percentage shall be
19 calculated as a fraction, the numerator of which shall be
20 the amount of refunds approved for payment by the
21 Department during the preceding fiscal year as a result
22 of overpayment of tax liability under subsections (a) and
23 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
24 Act plus the amount of such refunds remaining approved
25 but unpaid at the end of the preceding fiscal year, the
26 denominator of which shall be the amounts which will be
27 collected pursuant to subsections (a) and (b)(6), (7),
28 and (8), (c) and (d) of Section 201 of this Act during
29 the preceding fiscal year. The Director of Revenue shall
30 certify the Annual Percentage to the Comptroller on the
31 last business day of the fiscal year immediately
32 preceding the fiscal year for which it is to be
33 effective.
34 (d) Expenditures from Income Tax Refund Fund.
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1 (1) Beginning January 1, 1989, money in the Income
2 Tax Refund Fund shall be expended exclusively for the
3 purpose of paying refunds resulting from overpayment of
4 tax liability under Section 201 of this Act and for
5 making transfers pursuant to this subsection (d).
6 (2) The Director shall order payment of refunds
7 resulting from overpayment of tax liability under Section
8 201 of this Act from the Income Tax Refund Fund only to
9 the extent that amounts collected pursuant to Section 201
10 of this Act and transfers pursuant to this subsection (d)
11 have been deposited and retained in the Fund.
12 (3) As soon as possible after the end of each
13 fiscal year, the Director shall order transferred and the
14 State Treasurer and State Comptroller shall transfer from
15 the Income Tax Refund Fund to the Personal Property Tax
16 Replacement Fund an amount, certified by the Director to
17 the Comptroller, equal to the excess of the amount
18 collected pursuant to subsections (c) and (d) of Section
19 201 of this Act deposited into the Income Tax Refund Fund
20 during the fiscal year over the amount of refunds
21 resulting from overpayment of tax liability under
22 subsections (c) and (d) of Section 201 of this Act paid
23 from the Income Tax Refund Fund during the fiscal year.
24 (4) As soon as possible after the end of each
25 fiscal year, the Director shall order transferred and the
26 State Treasurer and State Comptroller shall transfer from
27 the Personal Property Tax Replacement Fund to the Income
28 Tax Refund Fund an amount, certified by the Director to
29 the Comptroller, equal to the excess of the amount of
30 refunds resulting from overpayment of tax liability under
31 subsections (c) and (d) of Section 201 of this Act paid
32 from the Income Tax Refund Fund during the fiscal year
33 over the amount collected pursuant to subsections (c) and
34 (d) of Section 201 of this Act deposited into the Income
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1 Tax Refund Fund during the fiscal year.
2 (4.5) As soon as possible after the end of fiscal
3 year 1999 and of each fiscal year thereafter, the
4 Director shall order transferred and the State Treasurer
5 and State Comptroller shall transfer from the Income Tax
6 Refund Fund to the General Revenue Fund any surplus
7 remaining in the Income Tax Refund Fund as of the end of
8 such fiscal year.
9 (5) This Act shall constitute an irrevocable and
10 continuing appropriation from the Income Tax Refund Fund
11 for the purpose of paying refunds upon the order of the
12 Director in accordance with the provisions of this
13 Section.
14 (e) Deposits into the Education Assistance Fund and the
15 Income Tax Surcharge Local Government Distributive Fund.
16 On July 1, 1991, and thereafter, of the amounts collected
17 pursuant to subsections (a) and (b) of Section 201 of this
18 Act, minus deposits into the Income Tax Refund Fund, the
19 Department shall deposit 7.3% into the Education Assistance
20 Fund in the State Treasury. Beginning July 1, 1991, and
21 continuing through January 31, 1993, of the amounts collected
22 pursuant to subsections (a) and (b) of Section 201 of the
23 Illinois Income Tax Act, minus deposits into the Income Tax
24 Refund Fund, the Department shall deposit 3.0% into the
25 Income Tax Surcharge Local Government Distributive Fund in
26 the State Treasury. Beginning February 1, 1993 and
27 continuing through June 30, 1993, of the amounts collected
28 pursuant to subsections (a) and (b) of Section 201 of the
29 Illinois Income Tax Act, minus deposits into the Income Tax
30 Refund Fund, the Department shall deposit 4.4% into the
31 Income Tax Surcharge Local Government Distributive Fund in
32 the State Treasury. Beginning July 1, 1993, and continuing
33 through June 30, 1994, of the amounts collected under
34 subsections (a) and (b) of Section 201 of this Act, minus
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1 deposits into the Income Tax Refund Fund, the Department
2 shall deposit 1.475% into the Income Tax Surcharge Local
3 Government Distributive Fund in the State Treasury.
4 (Source: P.A. 89-6, eff. 12-31-95; 90-613, eff. 7-9-98;
5 90-655, eff. 7-30-98.)
6 Section 5-225. The Hotel Operators' Occupation Tax Act
7 is amended by changing Section 6 as follows:
8 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
9 Sec. 6. Except as provided hereinafter in this Section,
10 on or before the last day of each calendar month, every
11 person engaged in the business of renting, leasing or letting
12 rooms in a hotel in this State during the preceding calendar
13 month shall file a return with the Department, stating:
14 1. The name of the operator;
15 2. His residence address and the address of his
16 principal place of business and the address of the
17 principal place of business (if that is a different
18 address) from which he engages in the business of
19 renting, leasing or letting rooms in a hotel in this
20 State;
21 3. Total amount of rental receipts received by him
22 during the preceding calendar month from renting, leasing
23 or letting rooms during such preceding calendar month;
24 4. Total amount of rental receipts received by him
25 during the preceding calendar month from renting, leasing
26 or letting rooms to permanent residents during such
27 preceding calendar month;
28 5. Total amount of other exclusions from gross
29 rental receipts allowed by this Act;
30 6. Gross rental receipts which were received by him
31 during the preceding calendar month and upon the basis of
32 which the tax is imposed;
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1 7. The amount of tax due;
2 8. Such other reasonable information as the
3 Department may require.
4 If the operator's average monthly tax liability to the
5 Department does not exceed $200, the Department may authorize
6 his returns to be filed on a quarter annual basis, with the
7 return for January, February and March of a given year being
8 due by April 30 of such year; with the return for April, May
9 and June of a given year being due by July 31 of such year;
10 with the return for July, August and September of a given
11 year being due by October 31 of such year, and with the
12 return for October, November and December of a given year
13 being due by January 31 of the following year.
14 If the operator's average monthly tax liability to the
15 Department does not exceed $50, the Department may authorize
16 his returns to be filed on an annual basis, with the return
17 for a given year being due by January 31 of the following
18 year.
19 Such quarter annual and annual returns, as to form and
20 substance, shall be subject to the same requirements as
21 monthly returns.
22 Notwithstanding any other provision in this Act
23 concerning the time within which an operator may file his
24 return, in the case of any operator who ceases to engage in a
25 kind of business which makes him responsible for filing
26 returns under this Act, such operator shall file a final
27 return under this Act with the Department not more than 1
28 month after discontinuing such business.
29 Where the same person has more than 1 business registered
30 with the Department under separate registrations under this
31 Act, such person shall not file each return that is due as a
32 single return covering all such registered businesses, but
33 shall file separate returns for each such registered
34 business.
HB0236 Engrossed -532- LRB9100031DJcdA
1 In his return, the operator shall determine the value of
2 any consideration other than money received by him in
3 connection with the renting, leasing or letting of rooms in
4 the course of his business and he shall include such value in
5 his return. Such determination shall be subject to review
6 and revision by the Department in the manner hereinafter
7 provided for the correction of returns.
8 Where the operator is a corporation, the return filed on
9 behalf of such corporation shall be signed by the president,
10 vice-president, secretary or treasurer or by the properly
11 accredited agent of such corporation.
12 The person filing the return herein provided for shall,
13 at the time of filing such return, pay to the Department the
14 amount of tax herein imposed. The operator filing the return
15 under this Section shall, at the time of filing such return,
16 pay to the Department the amount of tax imposed by this Act
17 less a discount of 2.1% or $25 per calendar year, whichever
18 is greater, which is allowed to reimburse the operator for
19 the expenses incurred in keeping records, preparing and
20 filing returns, remitting the tax and supplying data to the
21 Department on request.
22 There shall be deposited in the Build Illinois Fund in
23 the State Treasury for each State fiscal year 40% of the
24 amount of total net proceeds from the tax imposed by
25 subsection (a) of Section 3. Of the remaining 60%, $5,000,000
26 shall be deposited in the Illinois Sports Facilities Fund and
27 credited to the Subsidy Account each fiscal year by making
28 monthly deposits in the amount of 1/8 of $5,000,000 plus
29 cumulative deficiencies in such deposits for prior months,
30 and an additional $8,000,000 shall be deposited in the
31 Illinois Sports Facilities Fund and credited to the Advance
32 Account each fiscal year by making monthly deposits in the
33 amount of 1/8 of $8,000,000 plus any cumulative deficiencies
34 in such deposits for prior months. (The deposits of the
HB0236 Engrossed -533- LRB9100031DJcdA
1 additional $8,000,000 during each fiscal year shall be
2 treated as advances of funds to the Illinois Sports
3 Facilities Authority for its corporate purposes to the extent
4 paid to the Authority or its trustee and shall be repaid into
5 the General Revenue Fund in the State Treasury by the State
6 Treasurer on behalf of the Authority solely from collections
7 of the tax imposed by the Authority pursuant to Section 19 of
8 the Illinois Sports Facilities Act, as amended.)
9 Of the remaining 60% of the amount of total net proceeds
10 from the tax imposed by subsection (a) of Section 3 after all
11 required deposits in the Illinois Sports Facilities Fund, the
12 amount equal to 8% of the net revenue realized from the Hotel
13 Operators' Occupation Tax Act plus an amount equal to 8% of
14 the net revenue realized from any tax imposed under Section
15 4.05 of the Chicago World's Fair-1992 Authority during the
16 preceding month shall be deposited in the Local Tourism Fund
17 each month for purposes authorized by Section 605-705 46.6a
18 of the Department of Commerce and Community Affairs Law (20
19 ILCS 605/605-705 Civil Administrative Code of Illinois in the
20 Local Tourism Fund. "Net revenue realized for a month" means
21 the revenue collected by the State under that Act during the
22 previous month less the amount paid out during that same
23 month as refunds to taxpayers for overpayment of liability
24 under that Act.
25 After making all these deposits, all other proceeds of
26 the tax imposed under subsection (a) of Section 3 shall be
27 deposited in the General Revenue Fund in the State Treasury.
28 All moneys received by the Department from the additional tax
29 imposed under subsection (b) of Section 3 shall be deposited
30 into the Build Illinois Fund in the State Treasury.
31 The Department may, upon separate written notice to a
32 taxpayer, require the taxpayer to prepare and file with the
33 Department on a form prescribed by the Department within not
34 less than 60 days after receipt of the notice an annual
HB0236 Engrossed -534- LRB9100031DJcdA
1 information return for the tax year specified in the notice.
2 Such annual return to the Department shall include a
3 statement of gross receipts as shown by the operator's last
4 State income tax return. If the total receipts of the
5 business as reported in the State income tax return do not
6 agree with the gross receipts reported to the Department for
7 the same period, the operator shall attach to his annual
8 information return a schedule showing a reconciliation of the
9 2 amounts and the reasons for the difference. The operator's
10 annual information return to the Department shall also
11 disclose pay roll information of the operator's business
12 during the year covered by such return and any additional
13 reasonable information which the Department deems would be
14 helpful in determining the accuracy of the monthly, quarterly
15 or annual tax returns by such operator as hereinbefore
16 provided for in this Section.
17 If the annual information return required by this Section
18 is not filed when and as required the taxpayer shall be
19 liable for a penalty in an amount determined in accordance
20 with Section 3-4 of the Uniform Penalty and Interest Act
21 until such return is filed as required, the penalty to be
22 assessed and collected in the same manner as any other
23 penalty provided for in this Act.
24 The chief executive officer, proprietor, owner or highest
25 ranking manager shall sign the annual return to certify the
26 accuracy of the information contained therein. Any person
27 who willfully signs the annual return containing false or
28 inaccurate information shall be guilty of perjury and
29 punished accordingly. The annual return form prescribed by
30 the Department shall include a warning that the person
31 signing the return may be liable for perjury.
32 The foregoing portion of this Section concerning the
33 filing of an annual information return shall not apply to an
34 operator who is not required to file an income tax return
HB0236 Engrossed -535- LRB9100031DJcdA
1 with the United States Government.
2 (Source: P.A. 90-26, eff. 7-1-97.)
3 Section 5-227. The Uniform Penalty and Interest Act is
4 amended by changing Section 3-3 as follows:
5 (35 ILCS 735/3-3) (from Ch. 120, par. 2603-3)
6 Sec. 3-3. Penalty for failure to file or pay.
7 (a) This subsection (a) is applicable before January 1,
8 1996. A penalty of 5% of the tax required to be shown due on
9 a return shall be imposed for failure to file the tax return
10 on or before the due date prescribed for filing determined
11 with regard for any extension of time for filing (penalty for
12 late filing or nonfiling). If any unprocessable return is
13 corrected and filed within 21 days after notice by the
14 Department, the late filing or nonfiling penalty shall not
15 apply. If a penalty for late filing or nonfiling is imposed
16 in addition to a penalty for late payment, the total penalty
17 due shall be the sum of the late filing penalty and the
18 applicable late payment penalty. Beginning on the effective
19 date of this amendatory Act of 1995, in the case of any type
20 of tax return required to be filed more frequently than
21 annually, when the failure to file the tax return on or
22 before the date prescribed for filing (including any
23 extensions) is shown to be nonfraudulent and has not occurred
24 in the 2 years immediately preceding the failure to file on
25 the prescribed due date, the penalty imposed by section
26 3-3(a) shall be abated.
27 (a-5) This subsection (a-5) is applicable on and after
28 January 1, 1996. A penalty equal to 2% of the tax required to
29 be shown due on a return, up to a maximum amount of $250,
30 determined without regard to any part of the tax that is paid
31 on time or by any credit that was properly allowable on the
32 date the return was required to be filed, shall be imposed
HB0236 Engrossed -536- LRB9100031DJcdA
1 for failure to file the tax return on or before the due date
2 prescribed for filing determined with regard for any
3 extension of time for filing. However, if any return is not
4 filed within 30 days after notice of nonfiling mailed by the
5 Department to the last known address of the taxpayer
6 contained in Department records, an additional penalty amount
7 shall be imposed equal to the greater of $250 or 2% of the
8 tax shown on the return. However, the additional penalty
9 amount may not exceed $5,000 and is determined without regard
10 to any part of the tax that is paid on time or by any credit
11 that was properly allowable on the date the return was
12 required to be filed (penalty for late filing or nonfiling).
13 If any unprocessable return is corrected and filed within 30
14 days after notice by the Department, the late filing or
15 nonfiling penalty shall not apply. If a penalty for late
16 filing or nonfiling is imposed in addition to a penalty for
17 late payment, the total penalty due shall be the sum of the
18 late filing penalty and the applicable late payment penalty.
19 In the case of any type of tax return required to be filed
20 more frequently than annually, when the failure to file the
21 tax return on or before the date prescribed for filing
22 (including any extensions) is shown to be nonfraudulent and
23 has not occurred in the 2 years immediately preceding the
24 failure to file on the prescribed due date, the penalty
25 imposed by section 3-3(a) shall be abated.
26 (b) This subsection is applicable before January 1,
27 1998. A penalty of 15% of the tax shown on the return or the
28 tax required to be shown due on the return shall be imposed
29 for failure to pay:
30 (1) the tax shown due on the return on or before
31 the due date prescribed for payment of that tax, an
32 amount of underpayment of estimated tax, or an amount
33 that is reported in an amended return other than an
34 amended return timely filed as required by subsection (b)
HB0236 Engrossed -537- LRB9100031DJcdA
1 of Section 506 of the Illinois Income Tax Act (penalty
2 for late payment or nonpayment of admitted liability); or
3 (2) the full amount of any tax required to be shown
4 due on a return and which is not shown (penalty for late
5 payment or nonpayment of additional liability), within 30
6 days after a notice of arithmetic error, notice and
7 demand, or a final assessment is issued by the
8 Department. In the case of a final assessment arising
9 following a protest and hearing, the 30-day period shall
10 not begin until all proceedings in court for review of
11 the final assessment have terminated or the period for
12 obtaining a review has expired without proceedings for a
13 review having been instituted. In the case of a notice
14 of tax liability that becomes a final assessment without
15 a protest and hearing, the penalty provided in this
16 paragraph (2) shall be imposed at the expiration of the
17 period provided for the filing of a protest.
18 (b-5) This subsection is applicable on and after January
19 1, 1998. A penalty of 20% of the tax shown on the return or
20 the tax required to be shown due on the return shall be
21 imposed for failure to pay:
22 (1) the tax shown due on the return on or before
23 the due date prescribed for payment of that tax, an
24 amount of underpayment of estimated tax, or an amount
25 that is reported in an amended return other than an
26 amended return timely filed as required by subsection (b)
27 of Section 506 of the Illinois Income Tax Act (penalty
28 for late payment or nonpayment of admitted liability); or
29 (2) the full amount of any tax required to be shown
30 due on a return and which is not shown (penalty for late
31 payment or nonpayment of additional liability), within 30
32 days after a notice of arithmetic error, notice and
33 demand, or a final assessment is issued by the
34 Department. In the case of a final assessment arising
HB0236 Engrossed -538- LRB9100031DJcdA
1 following a protest and hearing, the 30-day period shall
2 not begin until all proceedings in court for review of
3 the final assessment have terminated or the period for
4 obtaining a review has expired without proceedings for a
5 review having been instituted. In the case of a notice
6 of tax liability that becomes a final assessment without
7 a protest and hearing, the penalty provided in this
8 paragraph (2) shall be imposed at the expiration of the
9 period provided for the filing of a protest.
10 (c) For purposes of the late payment penalties, the
11 basis of the penalty shall be the tax shown or required to be
12 shown on a return, whichever is applicable, reduced by any
13 part of the tax which is paid on time and by any credit which
14 was properly allowable on the date the return was required to
15 be filed.
16 (d) A penalty shall be applied to the tax required to be
17 shown even if that amount is less than the tax shown on the
18 return.
19 (e) If both a subsection (b)(1) penalty and a subsection
20 (b)(2) penalty are assessed against the same return, the
21 subsection (b)(2) penalty shall be assessed against only the
22 additional tax found to be due.
23 (f) If the taxpayer has failed to file the return, the
24 Department shall determine the correct tax according to its
25 best judgment and information, which amount shall be prima
26 facie evidence of the correctness of the tax due.
27 (g) The time within which to file a return or pay an
28 amount of tax due without imposition of a penalty does not
29 extend the time within which to file a protest to a notice of
30 tax liability or a notice of deficiency.
31 (h) No return shall be determined to be unprocessable
32 because of the omission of any information requested on the
33 return pursuant to Section 2505-575 39b53 of the Department
34 of Revenue Law (20 ILCS 2505/2505-575) Civil Administrative
HB0236 Engrossed -539- LRB9100031DJcdA
1 Code of Illinois.
2 (Source: P.A. 89-379, eff. 8-18-95; 89-436, eff. 1-1-96;
3 90-491, eff. 1-1-98; 90-548, eff. 12-4-97.)
4 Section 5-230. The Interstate Mining Compact Act is
5 amended by changing Section 2 as follows:
6 (45 ILCS 50/2) (from Ch. 96 1/2, par. 4712)
7 Sec. 2. The State mining board established by Section
8 5-155 5.04 of "the Departments of State Government Law (20
9 ILCS 5/5-155) Civil Administrative Code of Illinois",
10 approved March 7, 1917, as amended, is designated the
11 advisory body referred to in Article V (a) of the Interstate
12 Mining Compact. No member of the Board shall receive any
13 compensation on account of duties established by this Act,
14 but any such member shall be entitled to reimbursement for
15 expenses actually incurred by him in connection with his
16 service as the Governor's alternate on the Interstate Mining
17 Commission.
18 (Source: P.A. 79-231.)
19 Section 5-235. The Industrial Building Revenue Bond Act
20 is amended by changing Section 2 as follows:
21 (50 ILCS 445/2) (from Ch. 85, par. 872)
22 Sec. 2. Definitions. In this Act, unless a different
23 meaning clearly appears from the context:
24 (a) "Authority" means any county, county public building
25 commission in a county bordered by the Mississippi River and
26 having a population greater than 260,000, municipality, or
27 airport authority or port district in this State. "Authority"
28 also means a river conservancy district wholly contained
29 within 2 counties, in which district there are at least 3
30 municipalities each having a population of 5,000 or more
HB0236 Engrossed -540- LRB9100031DJcdA
1 within the district.
2 (b) "Industrial project" means any (1) capital project,
3 comprising of one or more buildings and other structures,
4 improvements, machinery and equipment, whether or not on the
5 same site or sites now existing or hereafter acquired,
6 suitable for use by any manufacturing, industrial, research,
7 transportation or commercial enterprise, including but not
8 limited to, use as a factory, mill, processing plant,
9 assembly plant, packaging plant, fabricating plant, office
10 building, industrial distribution center, warehouse, repair,
11 overhaul or service facility, freight terminal, research
12 facility, test facility, railroad facility, commercial
13 facility, and including also the sites thereof and other
14 rights in land therefor whether improved or unimproved, site
15 preparation and landscaping, and all appurtenances and
16 facilities incidental thereto such as utilities, access
17 roads, railroad sidings, truck docking and similar
18 facilities, parking facilities, dockage, wharfage, railroad
19 roadbed, track, trestle, depot, terminal, switching and
20 signaling equipment or related equipment, and other
21 improvements necessary or convenient thereto; (2) any land,
22 buildings, machinery or equipment comprising an addition to
23 or renovation, rehabilitation or improvement of any existing
24 capital project; (3) construction, remodeling or conversion
25 of a structure to be leased to the Illinois Department of
26 Corrections for the purposes of its serving as a correctional
27 institution or facility pursuant to paragraph (c) of Section
28 3-2-2 of the Unified Code of Corrections; or (4)
29 construction, remodeling or conversion of a structure to be
30 leased to the Department of Central Management Services for
31 the purpose of serving as a State facility pursuant to
32 Section 405-320 67.25 of the Department of Central Management
33 Services Law (20 ILCS 405/405-320) Civil Administrative Code
34 of Illinois.
HB0236 Engrossed -541- LRB9100031DJcdA
1 (Source: P.A. 87-244.)
2 Section 5-240. The Illinois Municipal Code is amended by
3 changing Sections 10-2.1-6.2, 11-4-4, and 11-74-2 as follows:
4 (65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
5 Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
6 Commissioners is authorized or required by law to consider
7 some aspect of criminal history record information for the
8 purpose of carrying out its statutory powers and
9 responsibilities, then, upon request and payment of fees in
10 conformance with the requirements of subsection 22 of Section
11 2605-400 55a of "the Department of State Police Law (20 ILCS
12 2605/2605-400) Civil Administrative Code of Illinois", the
13 Department of State Police is authorized to furnish, pursuant
14 to positive identification, such information contained in
15 State files as is necessary to fulfill the request.
16 (Source: P.A. 86-610.)
17 (65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4)
18 Sec. 11-4-4.
19 The board of inspectors shall serve without fee or
20 compensation. It shall be their duty to assure that the house
21 of correction is operated in accordance with the minimum
22 standards established by the Department of Corrections
23 pursuant to Section 3-15-2 of the Unified Code of Corrections
24 Section 55a of "The Civil Administrative Code of Illinois",
25 approved March 7, 1917, as now or hereafter amended. There
26 shall be a meeting of the entire board, at the house of
27 correction, once every 3 months. At such meeting the board
28 shall fully examine into the management in every department,
29 hear and determine all complaints or questions not within the
30 province of the superintendent to determine, and make such
31 further rules and regulations for the good government of the
HB0236 Engrossed -542- LRB9100031DJcdA
1 house of correction as to them shall seem proper and
2 necessary. One of the appointed inspectors shall visit the
3 house of correction at least once in each month. All rules,
4 regulations or other orders of the board shall be recorded in
5 a book to be kept for that purpose, which shall be deemed a
6 public record, and, with the other books and records of the
7 house of correction, shall be at all times subject to the
8 examination of any member or committee of the corporate
9 authorities, the comptroller, treasurer, corporation counsel
10 or attorney of any such city.
11 (Source: P.A. 77-869.)
12 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
13 Sec. 11-74-2. Whenever used in this Division 74, unless a
14 different meaning clearly appears from the context:
15 (1) "Industrial project" means any (a) capital project,
16 including one or more buildings and other structures,
17 improvements, machinery and equipment whether or not on the
18 same site or sites now existing or hereafter acquired,
19 suitable for use by any manufacturing, industrial, research,
20 transportation or commercial enterprise, including but not
21 limited to use as a factory, mill, processing plant, assembly
22 plant, packaging plant, fabricating plant, office building,
23 industrial distribution center, warehouse, repair, overhaul
24 or service facility, freight terminal, research facility,
25 test facility, railroad facility, or commercial facility, and
26 including also the sites thereof and other rights in land
27 therefor whether improved or unimproved, site preparation and
28 landscaping, and all appurtenances and facilities incidental
29 thereto such as utilities, access roads, railroad sidings,
30 truck docking and similar facilities, parking facilities,
31 dockage, wharfage, and other improvements necessary or
32 convenient thereto; or (b) land, buildings, machinery or
33 equipment comprising an addition to or renovation,
HB0236 Engrossed -543- LRB9100031DJcdA
1 rehabilitation or improvement of any existing capital
2 project; (c) construction, remodeling or conversion of a
3 structure to be leased to the Illinois Department of
4 Corrections for the purposes of its serving as a correctional
5 institution or facility pursuant to paragraph (c) of Section
6 3-2-2 of the Unified Code of Corrections; or (d)
7 construction, remodeling or conversion of a structure to be
8 leased to the Department of Central Management Services for
9 the purpose of serving as a State facility pursuant to
10 Section 405-320 67.25 of the Department of Central Management
11 Services Law (20 ILCS 405/405-320) Civil Administrative Code
12 of Illinois.
13 (2) "Municipality" includes any city, village or
14 incorporated town in this State.
15 (Source: P.A. 90-655, eff. 7-30-98.)
16 Section 5-245. The Illinois Medical District Act is
17 amended by changing Sections 4 and 5b as follows:
18 (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
19 Sec. 4. The Commission may, in its corporate capacity,
20 construct or cause or permit to be constructed in such
21 District, hospitals, sanitariums, clinics, laboratories, or
22 any other institution, building or structure or other
23 ancillary or related facilities which the Commission may,
24 from time to time, determine are established and operated for
25 the carrying out of any aspect of the Commission's purpose as
26 set forth in this Act, or are established and operated for
27 the study, diagnosis, and treatment of human ailments and
28 injuries, whether physical or mental, or to promote medical,
29 surgical, and scientific research and knowledge, or for any
30 uses the Commission shall determine will support and nurture
31 facilities, and uses permitted by this Act, or for such
32 nursing, extended care, or other facilities as the Commission
HB0236 Engrossed -544- LRB9100031DJcdA
1 shall find useful in the study of, research in, or treatment
2 of illnesses or infirmities peculiar to aged people, after a
3 public hearing to be held by any Commissioner or other person
4 authorized by the Commission to conduct the same, which
5 Commissioner or other person shall have the power to
6 administer oaths and affirmations and take the testimony of
7 witnesses and receive such documentary evidence as shall be
8 pertinent, the record of which hearing he shall certify to
9 the Commission, which record shall become part of the records
10 of the Commission, notice of the time, place, and purpose of
11 such hearings to be given by a single publication notice in a
12 secular newspaper of general circulation in the city of
13 Chicago at least ten days prior to the date of such hearing,
14 or for such institutions as shall engage in the training,
15 education, or rehabilitation of persons who by reason of
16 illness or physical infirmity are wholly or partially
17 deprived of their powers of vision or hearing or of the use
18 of such other part or parts of their bodies as prevent them
19 from pursuing normal activities of life, or office buildings
20 for physicians or dealers in medical accessories, or
21 dormitories, homes or residences for the medical profession,
22 including interns, nurses, students or other officers or
23 employees of the institutions within the District, or for the
24 use of relatives of patients in the hospitals or other
25 institutions within the District, or for the rehabilitation
26 or establishment of residential structures within a currently
27 effective historic district properly designated under a
28 federal statute or a State or local statute that has been
29 certified by the Secretary of the Interior to the Secretary
30 of the Treasury as containing criteria which will
31 substantially achieve the purpose of preserving and
32 rehabilitating buildings of historic significance to the
33 district, or in the area of such District located west of
34 South Damen Avenue and north of West Polk Street, commonly
HB0236 Engrossed -545- LRB9100031DJcdA
1 known as the Chicago Technology Park or such other areas of
2 the District as the Commission shall designate, for research,
3 development and resultant production, in any of the fields of
4 medicine, chemistry, pharmaceuticals, physics and genetically
5 engineered products, for biotechnology, information
6 technology, medical technology, or environmental technology,
7 or for the research and development of engineering or for
8 computer technology related to any of the purposes for which
9 the Commission may construct structures and improvements
10 within the District. All such structures and improvements
11 shall be erected and constructed in accordance with Section
12 49 of the Civil Administrative Code of Illinois, and the
13 Illinois Purchasing Act, to the same extent as if the
14 Commission were a Code Department. The Commission shall
15 administer and exercise ultimate authority with respect to
16 the development and operation of the Chicago Technology Park,
17 and any extensions or expansion thereof. In addition, the
18 Commission may create a development area within the area of
19 the District located south of Roosevelt Road, called the
20 District Development Area in this Act. Within the District
21 Development Area the Commission may cause to be acquired or
22 constructed commercial and other types of development, public
23 and private, if the Commission determines that the commercial
24 developments are ancillary to and necessary for the support
25 of facilities within the District and any other purposes of
26 the District, after a public hearing held by a commissioner
27 or the person authorized by the Commission to conduct the
28 hearing. The Commissioner or other authorized persons shall
29 have the power to administer oaths and affirmations, take the
30 testimony of witnesses, receive pertinent evidence, and
31 certify the record of the hearing to the Commission. The
32 record of the hearing shall become part of the Commissions
33 records. Notice of the time, place, and purpose of the
34 hearing shall be given by a single publication notice in a
HB0236 Engrossed -546- LRB9100031DJcdA
1 secular newspaper of general circulation in the City of
2 Chicago at least 10 days before the date of the hearing. In
3 addition to the powers set forth above, the Commission may
4 sell, lease, develop, operate, and manage for any person,
5 firm, partnership, or corporation, either public or private,
6 all or any part of the land, buildings, facilities,
7 equipment, or other property included in the District
8 Development Area and any medical research and high technology
9 park or the designated commercial development area upon the
10 terms and conditions the Commission may deem advisable, and
11 may enter into any contract or agreement with any person,
12 firm, partnership, or corporation, either public or private,
13 or any combination of the foregoing, as may be necessary or
14 suitable for the creation, marketing, development,
15 construction, reconstruction, rehabilitation, financing,
16 operation and maintenance, and management of the District
17 Development Area and any technology park or designated
18 commercial development area; and may sell or lease to any
19 person, firm, partnership, or corporation, either public or
20 private, any part or all of the land, building, facilities,
21 equipment, or other property of the park or the designated
22 commercial development area upon the rentals, terms, and
23 conditions as the Commission may deem advisable; and may
24 finance all or part of the cost of the Commission's
25 development and operation of the District Development Area as
26 well as any park or the designated commercial development
27 area, including the creation, marketing, development,
28 purchase, lease, construction, reconstruction,
29 rehabilitation, improvement, remodeling, addition to,
30 extension, and maintenance of all or part of the high
31 technology park or the designated commercial development
32 area, and all equipment and furnishings, by legislative
33 appropriations, government grants, contracts, private gifts,
34 loans, bonds, receipts from the sale or lease of land for the
HB0236 Engrossed -547- LRB9100031DJcdA
1 operation of the District and any high technology park or the
2 designated commercial development area, rentals, and similar
3 receipts or other sources of revenue legally available for
4 these purposes. The Commission also may defray the expenses
5 of the operation of the District Development Area and
6 technology park, improvements to the District Development
7 Area and technology park, provision of shared services,
8 common facilities and common area expenses, benefiting owners
9 and occupants of property within the District Development
10 Area and the technology park by general assessment, special
11 assessment, or the imposition of service or user fees. As to
12 the entities eligible to be members of the advisory District
13 Member Council, such assessments or impositions may be
14 undertaken only with District Member Council consent as
15 provided in Section 8. For a period of 6 years after July 1,
16 1995, the Commission may acquire any real and personal
17 property within the Development Area of the District by
18 immediate vesting of title, commonly referred to as
19 "quick-take", pursuant to Sections 7-103 through 7-112 of the
20 Code of Civil Procedure.
21 (Source: P.A. 89-356, eff. 8-17-95.)
22 (70 ILCS 915/5b) (from Ch. 111 1/2, par. 5008)
23 Sec. 5b. The Department of Central Management Services
24 shall exercise the same powers in regard to the Commission as
25 it exercises for Code Departments under Section 405-15 35.4
26 of the Department of Central Management Services Law (20 ILCS
27 405/405-15) Civil Administrative Code of Illinois.
28 (Source: P.A. 89-356, eff. 8-17-95.)
29 Section 5-250. The Regional Transportation Authority Act
30 is amended by changing Sections 4.01, 4.09, and 4.11 as
31 follows:
HB0236 Engrossed -548- LRB9100031DJcdA
1 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
2 Sec. 4.01. Budget and Program.
3 (a) The Board shall control the finances of the
4 Authority. It shall by ordinance appropriate money to perform
5 the Authority's purposes and provide for payment of debts and
6 expenses of the Authority. Each year the Authority shall
7 prepare and publish a comprehensive annual budget and program
8 document describing the state of the Authority and presenting
9 for the forthcoming fiscal year the Authority's plans for
10 such operations and capital expenditures as the Authority
11 intends to undertake and the means by which it intends to
12 finance them. The proposed program and budget shall contain a
13 statement of the funds estimated to be on hand at the
14 beginning of the fiscal year, the funds estimated to be
15 received from all sources for such year and the funds
16 estimated to be on hand at the end of such year. After
17 adoption of the Authority's first Five-Year Program, as
18 provided in Section 2.01 of this Act, the proposed program
19 and budget shall specifically identify any respect in which
20 the recommended program deviates from the Authority's then
21 existing Five-Year Program, giving the reasons for such
22 deviation. The fiscal year of the Authority shall begin on
23 January 1st and end on the succeeding December 31st except
24 that the fiscal year that began October 1, 1982, shall end
25 December 31, 1983. By July 1st 1981 and July 1st of each
26 year thereafter the Director of the Illinois Bureau of the
27 Budget shall submit to the Authority an estimate of revenues
28 for the next fiscal year to be collected from the taxes
29 imposed by the Authority and the amounts to be available in
30 the Public Transportation Fund and the Regional
31 Transportation Authority Occupation and Use Tax Replacement
32 Fund. For the fiscal year ending on December 31, 1983, the
33 Board shall report its results from operations and financial
34 condition to the General Assembly and the Governor by January
HB0236 Engrossed -549- LRB9100031DJcdA
1 31. For the fiscal year beginning January 1, 1984, and
2 thereafter, the budget and program shall be presented to the
3 General Assembly and the Governor not later than the
4 preceding December 31st. Before the proposed budget and
5 program is adopted, the Authority shall hold at least one
6 public hearing thereon in the metropolitan region. The Board
7 shall hold at least one meeting for consideration of the
8 proposed program and budget with the county board of each of
9 the several counties in the metropolitan region. After
10 conducting such hearings and holding such meetings and after
11 making such changes in the proposed program and budget as the
12 Board deems appropriate, the Board shall adopt its annual
13 budget ordinance. The ordinance may be adopted only upon the
14 affirmative votes of 9 of its then Directors. The ordinance
15 shall appropriate such sums of money as are deemed necessary
16 to defray all necessary expenses and obligations of the
17 Authority, specifying purposes and the objects or programs
18 for which appropriations are made and the amount appropriated
19 for each object or program. Additional appropriations,
20 transfers between items and other changes in such ordinance
21 may be made from time to time by the Board upon the
22 affirmative votes of 9 of its then Directors.
23 (b) The budget shall show a balance between anticipated
24 revenues from all sources and anticipated expenses including
25 funding of operating deficits or the discharge of
26 encumbrances incurred in prior periods and payment of
27 principal and interest when due, and shall show cash balances
28 sufficient to pay with reasonable promptness all obligations
29 and expenses as incurred.
30 The annual budget and financial plan must show that the
31 level of fares and charges for mass transportation provided
32 by, or under grant or purchase of service contracts of, the
33 Service Boards is sufficient to cause the aggregate of all
34 projected fare revenues from such fares and charges received
HB0236 Engrossed -550- LRB9100031DJcdA
1 in each fiscal year to equal at least 50% of the aggregate
2 costs of providing such public transportation in such fiscal
3 year. "Fare revenues" include the proceeds of all fares and
4 charges for services provided, contributions received in
5 connection with public transportation from units of local
6 government other than the Authority and from the State
7 pursuant to subsection (i) (9) of Section 2705-305 49.19 of
8 the Department of Transportation Law (20 ILCS 2705/2705-305)
9 Civil Administrative Code of Illinois, and all other
10 operating revenues properly included consistent with
11 generally accepted accounting principles but do not include
12 the proceeds of any borrowings. "Costs" include all items
13 properly included as operating costs consistent with
14 generally accepted accounting principles, including
15 administrative costs, but do not include: depreciation;
16 payment of principal and interest on bonds, notes or other
17 evidences of obligation for borrowed money issued by the
18 Authority; payments with respect to public transportation
19 facilities made pursuant to subsection (b) of Section 2.20 of
20 this Act; any payments with respect to rate protection
21 contracts, credit enhancements or liquidity agreements made
22 under Section 4.14; any other cost to which it is reasonably
23 expected that a cash expenditure will not be made; costs up
24 to $5,000,000 annually for passenger security including
25 grants, contracts, personnel, equipment and administrative
26 expenses, except in the case of the Chicago Transit
27 Authority, in which case the term does not include costs
28 spent annually by that entity for protection against crime as
29 required by Section 27a of the Metropolitan Transit Authority
30 Act; or costs as exempted by the Board for projects pursuant
31 to Section 2.09 of this Act.
32 (c) The actual administrative expenses of the Authority
33 for the fiscal year commencing January 1, 1985 may not exceed
34 $5,000,000. The actual administrative expenses of the
HB0236 Engrossed -551- LRB9100031DJcdA
1 Authority for the fiscal year commencing January 1, 1986, and
2 for each fiscal year thereafter shall not exceed the maximum
3 administrative expenses for the previous fiscal year plus 5%.
4 "Administrative expenses" are defined for purposes of this
5 Section as all expenses except: (1) capital expenses and
6 purchases of the Authority on behalf of the Service Boards;
7 (2) payments to Service Boards; and (3) payment of principal
8 and interest on bonds, notes or other evidence of obligation
9 for borrowed money issued by the Authority; (4) costs for
10 passenger security including grants, contracts, personnel,
11 equipment and administrative expenses; (5) payments with
12 respect to public transportation facilities made pursuant to
13 subsection (b) of Section 2.20 of this Act; and (6) any
14 payments with respect to rate protection contracts, credit
15 enhancements or liquidity agreements made pursuant to Section
16 4.14.
17 (d) After withholding 15% of the proceeds of any tax
18 imposed by the Authority and 15% of money received by the
19 Authority from the Regional Transportation Authority
20 Occupation and Use Tax Replacement Fund, the Board shall
21 allocate the proceeds and money remaining to the Service
22 Boards as follows: (1) an amount equal to 85% of the proceeds
23 of those taxes collected within the City of Chicago and 85%
24 of the money received by the Authority on account of
25 transfers to the Regional Transportation Authority Occupation
26 and Use Tax Replacement Fund from the County and Mass Transit
27 District Fund attributable to retail sales within the City of
28 Chicago shall be allocated to the Chicago Transit Authority;
29 (2) an amount equal to 85% of the proceeds of those taxes
30 collected within Cook County outside the City of Chicago and
31 85% of the money received by the Authority on account of
32 transfers to the Regional Transportation Authority Occupation
33 and Use Tax Replacement Fund from the County and Mass Transit
34 District Fund attributable to retail sales within Cook County
HB0236 Engrossed -552- LRB9100031DJcdA
1 outside of the city of Chicago shall be allocated 30% to the
2 Chicago Transit Authority, 55% to the Commuter Rail Board and
3 15% to the Suburban Bus Board; and (3) an amount equal to 85%
4 of the proceeds of the taxes collected within the Counties of
5 DuPage, Kane, Lake, McHenry and Will shall be allocated 70%
6 to the Commuter Rail Board and 30% to the Suburban Bus Board.
7 (e) Moneys received by the Authority on account of
8 transfers to the Regional Transportation Authority Occupation
9 and Use Tax Replacement Fund from the State and Local Sales
10 Tax Reform Fund shall be allocated among the Authority and
11 the Service Boards as follows: 15% of such moneys shall be
12 retained by the Authority and the remaining 85% shall be
13 transferred to the Service Boards as soon as may be
14 practicable after the Authority receives payment. Moneys
15 which are distributable to the Service Boards pursuant to the
16 preceding sentence shall be allocated among the Service
17 Boards on the basis of each Service Board's distribution
18 ratio. The term "distribution ratio" means, for purposes of
19 this subsection (e) of this Section 4.01, the ratio of the
20 total amount distributed to a Service Board pursuant to
21 subsection (d) of Section 4.01 for the immediately preceding
22 calendar year to the total amount distributed to all of the
23 Service Boards pursuant to subsection (d) of Section 4.01 for
24 the immediately preceding calendar year.
25 To further and accomplish the preparation of the annual
26 budget and program as well as the Five-Year Program provided
27 for in Section 2.01 of this Act and to make such interim
28 management decisions as may be necessary, the Board shall
29 employ staff which shall: (1) evaluate for the Board public
30 transportation programs operated or proposed by
31 transportation agencies in terms of goals, costs and relative
32 priorities; (2) keep the Board informed of the public
33 transportation programs and accomplishments of such
34 transportation agencies; and (3) coordinate the development
HB0236 Engrossed -553- LRB9100031DJcdA
1 and implementation of public transportation programs to the
2 end that the monies available to the Authority may be
3 expended in the most economical manner possible with the
4 least possible duplication. Under such regulations as the
5 Board may prescribe, all Service Boards, transportation
6 agencies, comprehensive planning agencies or transportation
7 planning agencies in the metropolitan region shall furnish to
8 the Board such information pertaining to public
9 transportation or relevant for plans therefor as it may from
10 time to time require, upon payment to any such agency or
11 Service Board of the reasonable additional cost of its so
12 providing such information except as may otherwise be
13 provided by agreement with the Authority, and the Board or
14 any duly authorized employee of the Board shall, for the
15 purpose of securing such information, have access to, and the
16 right to examine, all books, documents, papers or records of
17 any such agency or Service Board pertaining to public
18 transportation or relevant for plans therefor.
19 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.)
20 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
21 Sec. 4.09. Public Transportation Fund and the Regional
22 Transportation Authority Occupation and Use Tax Replacement
23 Fund.
24 (a) As soon as possible after the first day of each
25 month, beginning November 1, 1983, the Comptroller shall
26 order transferred and the Treasurer shall transfer from the
27 General Revenue Fund to a special fund in the State Treasury,
28 to be known as the "Public Transportation Fund" $9,375,000
29 for each month remaining in State fiscal year 1984. As soon
30 as possible after the first day of each month, beginning July
31 1, 1984, upon certification of the Department of Revenue, the
32 Comptroller shall order transferred and the Treasurer shall
33 transfer from the General Revenue Fund to the Public
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1 Transportation Fund an amount equal to 25% of the net
2 revenue, before the deduction of the serviceman and retailer
3 discounts pursuant to Section 9 of the Service Occupation Tax
4 Act and Section 3 of the Retailers' Occupation Tax Act,
5 realized from any tax imposed by the Authority pursuant to
6 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
7 into the Regional Transportation Authority tax fund created
8 by Section 4.03 of this Act, from the County and Mass Transit
9 District Fund as provided in Section 6z-20 of the State
10 Finance Act and 25% of the amounts deposited into the
11 Regional Transportation Authority Occupation and Use Tax
12 Replacement Fund from the State and Local Sales Tax Reform
13 Fund as provided in Section 6z-17 of the State Finance Act.
14 Net revenue realized for a month shall be the revenue
15 collected by the State pursuant to Sections 4.03 and 4.03.1
16 during the previous month from within the metropolitan
17 region, less the amount paid out during that same month as
18 refunds to taxpayers for overpayment of liability in the
19 metropolitan region under Sections 4.03 and 4.03.1.
20 (b) (1) All moneys deposited in the Public
21 Transportation Fund and the Regional Transportation
22 Authority Occupation and Use Tax Replacement Fund,
23 whether deposited pursuant to this Section or otherwise,
24 are allocated to the Authority. Pursuant to
25 appropriation, the Comptroller, as soon as possible after
26 each monthly transfer provided in this Section and after
27 each deposit into the Public Transportation Fund, shall
28 order the Treasurer to pay to the Authority out of the
29 Public Transportation Fund the amount so transferred or
30 deposited. Such amounts paid to the Authority may be
31 expended by it for its purposes as provided in this Act.
32 Subject to appropriation to the Department of
33 Revenue, the Comptroller, as soon as possible after each
34 deposit into the Regional Transportation Authority
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1 Occupation and Use Tax Replacement Fund provided in this
2 Section and Section 6z-17 of the State Finance Act, shall
3 order the Treasurer to pay to the Authority out of the
4 Regional Transportation Authority Occupation and Use Tax
5 Replacement Fund the amount so deposited. Such amounts
6 paid to the Authority may be expended by it for its
7 purposes as provided in this Act.
8 (2) Provided, however, no moneys deposited under
9 subsection (a) of Section 4.09 shall be paid from the
10 Public Transportation Fund to the Authority for any
11 fiscal year beginning after the effective date of this
12 amendatory Act of 1983 until the Authority has certified
13 to the Governor, the Comptroller, and the Mayor of the
14 City of Chicago that it has adopted for that fiscal year
15 a budget and financial plan meeting the requirements in
16 Section 4.01(b).
17 (c) In recognition of the efforts of the Authority to
18 enhance the mass transportation facilities under its control,
19 the State shall provide financial assistance ("Additional
20 State Assistance") in excess of the amounts transferred to
21 the Authority from the General Revenue Fund under subsection
22 (a) of this Section. Additional State Assistance provided in
23 any State fiscal year shall not exceed the actual debt
24 service payable by the Authority during that State fiscal
25 year on bonds or notes issued to finance Strategic Capital
26 Improvement Projects under Section 4.04 of this Act.
27 Additional State Assistance shall in no event exceed the
28 following specified amounts with respect to the following
29 State fiscal years:
30 1990 $5,000,000;
31 1991 $5,000,000;
32 1992 $10,000,000;
33 1993 $10,000,000;
34 1994 $20,000,000;
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1 1995 $30,000,000;
2 1996 $40,000,000;
3 1997 $50,000,000;
4 1998 $55,000,000; and
5 each year thereafter $55,000,000.
6 (d) Beginning with State fiscal year 1990 and continuing
7 for each State fiscal year thereafter, the Authority shall
8 annually certify to the State Comptroller and State Treasurer
9 (1) the amount necessary and required, during the State
10 fiscal year with respect to which the certification is made,
11 to pay its obligations for debt service on all outstanding
12 bonds or notes for Strategic Capital Improvement Projects
13 issued by the Authority under Section 4.04 of this Act and
14 (2) an estimate of the amount necessary and required to pay
15 its obligations for debt service for any bonds or notes for
16 Strategic Capital Improvement Projects which the Authority
17 anticipates it will issue during that State fiscal year. The
18 certification shall include a specific schedule of debt
19 service payments, including the date and amount of each
20 payment for all outstanding bonds or notes and an estimated
21 schedule of anticipated debt service for all bonds and notes
22 it intends to issue, if any, during that State fiscal year,
23 including the estimated date and estimated amount of each
24 payment. Immediately, upon the issuance of bonds for which
25 an estimated schedule of debt service payments was prepared,
26 the Authority shall file an amended certification to specify
27 the actual schedule of debt service payments, including the
28 date and amount of each payment, for the remainder of the
29 State fiscal year. On the first day of each month of the
30 State fiscal year in which there are bonds outstanding with
31 respect to which the certification is made, the State
32 Comptroller shall order transferred and the State Treasurer
33 shall transfer from the General Revenue Fund to the Public
34 Transportation Fund the Additional State Assistance in an
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1 amount equal to the aggregate of (1) one-twelfth of the
2 amount required to pay debt service on bonds and notes issued
3 before the beginning of the State fiscal year and (2) the
4 amount required to pay debt service on bonds and notes issued
5 during the fiscal year, if any, divided by the number of
6 months remaining in the fiscal year after the date of
7 issuance, or some smaller portion as may be necessary, listed
8 in subsection (c) for the relevant State fiscal year, plus
9 any cumulative deficiencies in transfers for prior months,
10 until an amount equal to the certified debt service for that
11 State fiscal year on outstanding bonds or notes for Strategic
12 Capital Improvement Projects issued by the Authority under
13 Section 4.04 of this Act has been transferred. In no event
14 shall total transfers in any State fiscal year exceed the
15 lesser of the annual amounts specified in subsection (c) or
16 the total certified debt service on outstanding bonds or
17 notes for Strategic Capital Improvement Projects issued by
18 the Authority under Section 4.04 of this Act.
19 (e) Additional State Assistance may not be pledged,
20 either directly or indirectly as general revenues of the
21 Authority, as security for any bonds issued by the Authority.
22 The Authority may not assign its right to receive Additional
23 State Assistance or direct payment of Additional State
24 Assistance to a trustee or any other entity for the payment
25 of debt service on its bonds.
26 (f) The certification required under subsection (d) with
27 respect to outstanding bonds and notes of the Authority shall
28 be filed as early as practicable before the beginning of the
29 State fiscal year to which it relates. The certification
30 shall be revised as may be necessary to accurately state the
31 debt service requirements of the Authority.
32 (g) Within 6 months of the end of the 3 month period
33 ending December 31, 1983, and each fiscal year thereafter,
34 the Authority shall determine whether the aggregate of all
HB0236 Engrossed -558- LRB9100031DJcdA
1 system generated revenues for public transportation in the
2 metropolitan region which is provided by, or under grant or
3 purchase of service contracts with, the Service Boards equals
4 50% of the aggregate of all costs of providing such public
5 transportation. "System generated revenues" include all the
6 proceeds of fares and charges for services provided,
7 contributions received in connection with public
8 transportation from units of local government other than the
9 Authority and from the State pursuant to subsection (i) (9)
10 of Section 2705-305 49.19 of the Department of Transportation
11 Law (20 ILCS 2705/2705-305) Civil Administrative Code of
12 Illinois, and all other revenues properly included consistent
13 with generally accepted accounting principles but may not
14 include the proceeds from any borrowing. "Costs" include all
15 items properly included as operating costs consistent with
16 generally accepted accounting principles, including
17 administrative costs, but do not include: depreciation;
18 payment of principal and interest on bonds, notes or other
19 evidences of obligations for borrowed money of the Authority;
20 payments with respect to public transportation facilities
21 made pursuant to subsection (b) of Section 2-20; any payments
22 with respect to rate protection contracts, credit
23 enhancements or liquidity agreements made under Section 4.14;
24 any other cost as to which it is reasonably expected that a
25 cash expenditure will not be made; costs up to $5,000,000
26 annually for passenger security including grants, contracts,
27 personnel, equipment and administrative expenses, except in
28 the case of the Chicago Transit Authority, in which case the
29 term does not include costs spent annually by that entity for
30 protection against crime as required by Section 27a of the
31 Metropolitan Transit Authority Act; or costs as exempted by
32 the Board for projects pursuant to Section 2.09 of this Act.
33 If said system generated revenues are less than 50% of said
34 costs, the Board shall remit an amount equal to the amount of
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1 the deficit to the State. The Treasurer shall deposit any
2 such payment in the General Revenue Fund.
3 (h) If the Authority makes any payment to the State
4 under paragraph (g), the Authority shall reduce the amount
5 provided to a Service Board from funds transferred under
6 paragraph (a) in proportion to the amount by which that
7 Service Board failed to meet its required system generated
8 revenues recovery ratio. A Service Board which is affected by
9 a reduction in funds under this paragraph shall submit to the
10 Authority concurrently with its next due quarterly report a
11 revised budget incorporating the reduction in funds. The
12 revised budget must meet the criteria specified in clauses
13 (i) through (vi) of Section 4.11(b)(2). The Board shall
14 review and act on the revised budget as provided in Section
15 4.11(b)(3).
16 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481;
17 87-764.)
18 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
19 Sec. 4.11. Budget Review Powers. (a) The provisions of
20 this Section shall only be applicable to financial periods
21 beginning after December 31, 1983. The Transition Board
22 shall adopt a timetable governing the certification of
23 estimates and any submissions required under this Section for
24 fiscal year 1984 which shall control over the provisions of
25 this Act. Based upon estimates which shall be given to the
26 Authority by the Director of the Illinois Bureau of the
27 Budget of the receipts to be received by the Authority from
28 the taxes imposed by the Authority and the authorized
29 estimates of amounts to be available from State and other
30 sources to the Service Boards, and the times at which such
31 receipts and amounts will be available, the Board shall, not
32 later than the next preceding September 15th prior to the
33 beginning of the Authority's next fiscal year, advise each
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1 Service Board of the amounts estimated by the Board to be
2 available for such Service Board during such fiscal year and
3 the two following fiscal years and the times at which such
4 amounts will be available. The Board shall, at the same
5 time, also advise each Service Board of its required system
6 generated revenues recovery ratio for the next fiscal year
7 which shall be the percentage of the aggregate costs of
8 providing public transportation by or under jurisdiction of
9 that Service Board which must be recovered from system
10 generated revenues. In determining a Service Board's system
11 generated revenue recovery ratio, the Board shall consider
12 the historical system generated revenues recovery ratio for
13 the services subject to the jurisdiction of that Service
14 Board. The Board shall not increase a Service Board's system
15 generated revenues recovery ratio for the next fiscal year
16 over such ratio for the current fiscal year
17 disproportionately or prejudicially to increases in such
18 ratios for other Service Boards. The Board may, by
19 ordinance, provide that (i) the cost of research and
20 development projects in the fiscal year beginning January 1,
21 1986 and ending December 31, 1986 conducted pursuant to
22 Section 2.09 of this Act, and (ii) up to $5,000,000 annually
23 of the costs for passenger security, may be exempted from the
24 farebox recovery ratio or the system generated revenues
25 recovery ratio of the Chicago Transit Authority, the Suburban
26 Bus Board, and the Commuter Rail Board, or any of them. For
27 the fiscal year beginning January 1, 1986 and ending December
28 31, 1986, and for the fiscal year beginning January 1, 1987
29 and ending December 31, 1987, the Board shall, by ordinance,
30 provide that: (1) the amount of a grant, pursuant to Section
31 2705-310 49.19a of the Department of Transportation Law (20
32 ILCS 2705/2705-310) Civil Administrative Code of Illinois,
33 from the Department of Transportation for the cost of
34 services for the mobility limited provided by the Chicago
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1 Transit Authority, and (2) the amount of a grant, pursuant to
2 Section 2705-310 49.19a of the Department of Transportation
3 Law (20 ILCS 2705/2705-310) Civil Administrative Code of
4 Illinois, from the Department of Transportation for the cost
5 of services for the mobility limited by the Suburban Bus
6 Board or the Commuter Rail Board, be exempt from the farebox
7 recovery ratio or the system generated revenues recovery
8 ratio.
9 (b)(1) Not later than the next preceding November 15
10 prior to the commencement of such fiscal year, each Service
11 Board shall submit to the Authority its proposed budget for
12 such fiscal year and its proposed financial plan for the two
13 following fiscal years. Such budget and financial plan shall
14 not project or assume a receipt of revenues from the
15 Authority in amounts greater than those set forth in the
16 estimates provided by the Authority pursuant to subsection
17 (a) of this Section.
18 (2) The Board shall review the proposed budget and
19 financial plan submitted by each Service Board, and shall
20 adopt a consolidated budget and financial plan. The Board
21 shall approve the budget and plan if:
22 (i) the Board has approved the proposed budget and cash
23 flow plan for such fiscal year of each Service Board,
24 pursuant to the conditions set forth in clauses (ii) through
25 (vii) of this paragraph;
26 (ii) such budget and plan show a balance between (A)
27 anticipated revenues from all sources including operating
28 subsidies and (B) the costs of providing the services
29 specified and of funding any operating deficits or
30 encumbrances incurred in prior periods, including provision
31 for payment when due of principal and interest on outstanding
32 indebtedness;
33 (iii) such budget and plan show cash balances including
34 the proceeds of any anticipated cash flow borrowing
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1 sufficient to pay with reasonable promptness all costs and
2 expenses as incurred;
3 (iv) such budget and plan provide for a level of fares
4 or charges and operating or administrative costs for the
5 public transportation provided by or subject to the
6 jurisdiction of such Service Board sufficient to allow the
7 Service Board to meet its required system generated revenue
8 recovery ratio;
9 (v) such budget and plan are based upon and employ
10 assumptions and projections which are reasonable and prudent;
11 (vi) such budget and plan have been prepared in
12 accordance with sound financial practices as determined by
13 the Board; and
14 (vii) such budget and plan meet such other financial,
15 budgetary, or fiscal requirements that the Board may by rule
16 or regulation establish.
17 (3) In determining whether the budget and financial plan
18 provide a level of fares or charges sufficient to allow a
19 Service Board to meet its required system generated revenue
20 recovery ratio under clause (iv) in subparagraph (2), the
21 Board shall allow a Service Board to carry over cash from
22 farebox revenues to subsequent fiscal years.
23 (4) Unless the Board by an affirmative vote of 9 of the
24 then Directors determines that the budget and financial plan
25 of a Service Board meets the criteria specified in clauses
26 (ii) through (vii) of subparagraph (2) of this paragraph (b),
27 the Board shall not release to that Service Board any funds
28 for the periods covered by such budget and financial plan
29 except for the proceeds of taxes imposed by the Authority
30 under Section 4.03 which are allocated to the Service Board
31 under Section 4.01.
32 (5) If the Board has not found that the budget and
33 financial plan of a Service Board meets the criteria
34 specified in clauses (i) through (vii) of subparagraph (2) of
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1 this paragraph (b), the Board shall, five working days after
2 the start of the Service Board's fiscal year adopt a budget
3 and financial plan meeting such criteria for that Service
4 Board.
5 (c)(1) If the Board shall at any time have received a
6 revised estimate, or revises any estimate the Board has made,
7 pursuant to this Section of the receipts to be collected by
8 the Authority which, in the judgment of the Board, requires a
9 change in the estimates on which the budget of any Service
10 Board is based, the Board shall advise the affected Service
11 Board of such revised estimates, and such Service Board shall
12 within 30 days after receipt of such advice submit a revised
13 budget incorporating such revised estimates. If the revised
14 estimates require, in the judgment of the Board, that the
15 system generated revenues recovery ratio of one or more
16 Service Boards be revised in order to allow the Authority to
17 meet its required ratio, the Board shall advise any such
18 Service Board of its revised ratio and such Service Board
19 shall within 30 days after receipt of such advice submit a
20 revised budget incorporating such revised estimates or ratio.
21 (2) Each Service Board shall, within such period after
22 the end of each fiscal quarter as shall be specified by the
23 Board, report to the Authority its financial condition and
24 results of operations and the financial condition and results
25 of operations of the public transportation services subject
26 to its jurisdiction, as at the end of and for such quarter.
27 If in the judgment of the Board such condition and results
28 are not substantially in accordance with such Service Board's
29 budget for such period, the Board shall so advise such
30 Service Board and such Service Board shall within the period
31 specified by the Board submit a revised budget incorporating
32 such results.
33 (3) If the Board shall determine that a revised budget
34 submitted by a Service Board pursuant to subparagraph (1) or
HB0236 Engrossed -564- LRB9100031DJcdA
1 (2) of this paragraph (c) does not meet the criteria
2 specified in clauses (ii) through (vii) of subparagraph (2)
3 of paragraph (b) of this Section, the Board shall not release
4 any monies to that Service Board except the proceeds of taxes
5 imposed by the Authority under Section 4.03 or 4.03.1 which
6 are allocated to the Service Board under Section 4.01. If
7 the Service Board submits a revised financial plan and budget
8 which plan and budget shows that the criteria will be met
9 within a four quarter period, the Board shall continue to
10 release funds to the Service Board. The Board by a 9 vote of
11 its then Directors may require a Service Board to submit a
12 revised financial plan and budget which shows that the
13 criteria will be met in a time period less than four
14 quarters.
15 (d) All budgets and financial plans, financial
16 statements, audits and other information presented to the
17 Authority pursuant to this Section or which may be required
18 by the Board to permit it to monitor compliance with the
19 provisions of this Section shall be prepared and presented in
20 such manner and frequency and in such detail as shall have
21 been prescribed by the Board, shall be prepared on both an
22 accrual and cash flow basis as specified by the Board, and
23 shall identify and describe the assumptions and projections
24 employed in the preparation thereof to the extent required by
25 the Board. Except when the Board adopts a budget and a
26 financial plan for a Service Board under paragraph (b)(5), a
27 Service Board shall provide for such levels of transportation
28 services and fares or charges therefor as it deems
29 appropriate and necessary in the preparation of a budget and
30 financial plan meeting the criteria set forth in clauses (ii)
31 through (vii) of subparagraph (2) of paragraph (b) of this
32 Section. The Board shall have access to and the right to
33 examine and copy all books, documents, papers, records, or
34 other source data of a Service Board relevant to any
HB0236 Engrossed -565- LRB9100031DJcdA
1 information submitted pursuant to this Section.
2 (e) Whenever this Section requires the Board to make
3 determinations with respect to estimates, budgets or
4 financial plans, or rules or regulations with respect thereto
5 such determinations shall be made upon the affirmative vote
6 of at least 9 of the then Directors and shall be incorporated
7 in a written report of the Board and such report shall be
8 submitted within 10 days after such determinations are made
9 to the Governor, the Mayor of Chicago (if such determinations
10 relate to the Chicago Transit Authority), and the Auditor
11 General of Illinois.
12 (Source: P.A. 84-1246.)
13 Section 5-255. The School Code is amended by changing
14 Sections 2-3.62 and 2-3.112 as follows:
15 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
16 Sec. 2-3.62. Educational Service Centers.
17 (a) A regional network of educational service centers
18 shall be established by the State Board of Education to
19 coordinate and combine existing services in a manner which is
20 practical and efficient and to provide new services to
21 schools as provided in this Section. Services to be made
22 available by such centers shall include the planning,
23 implementation and evaluation of:
24 (1) education for gifted children through area
25 service centers, experimental projects and institutes as
26 provided in Section 14A-6;
27 (2) computer technology education including the
28 evaluation, use and application of state-of-the-art
29 technology in computer software as provided in Section
30 2-3.43;
31 (3) mathematics, science and reading resources for
32 teachers including continuing education, inservice
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1 training and staff development.
2 The centers may provide training, technical assistance,
3 coordination and planning in other program areas such as
4 school improvement, school accountability, career guidance,
5 early childhood education, alcohol/drug education and
6 prevention, family life - sex education, electronic
7 transmission of data from school districts to the State,
8 alternative education and regional special education, and
9 telecommunications systems that provide distance learning.
10 Such telecommunications systems may be obtained through the
11 Department of Central Management Services pursuant to Section
12 405-270 67.18 of the Department of Central Management
13 Services Law (20 ILCS 405/405-270) Civil Administrative Code
14 of Illinois. The programs and services of educational service
15 centers may be offered to private school teachers and private
16 school students within each service center area provided
17 public schools have already been afforded adequate access to
18 such programs and services.
19 The State Board of Education shall promulgate rules and
20 regulations necessary to implement this Section. The rules
21 shall include detailed standards which delineate the scope
22 and specific content of programs to be provided by each
23 Educational Service Center, as well as the specific planning,
24 implementation and evaluation services to be provided by each
25 Center relative to its programs. The Board shall also
26 provide the standards by which it will evaluate the programs
27 provided by each Center.
28 (b) Centers serving Class 1 county school units shall be
29 governed by an 11-member board, 3 members of which shall be
30 public school teachers nominated by the local bargaining
31 representatives to the appropriate regional superintendent
32 for appointment and no more than 3 members of which shall be
33 from each of the following categories, including but not
34 limited to superintendents, regional superintendents, school
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1 board members and a representative of an institution of
2 higher education. The members of the board shall be
3 appointed by the regional superintendents whose school
4 districts are served by the educational service center. The
5 composition of the board will reflect the revisions of this
6 amendatory Act of 1989 as the terms of office of current
7 members expire.
8 (c) The centers shall be of sufficient size and number
9 to assure delivery of services to all local school districts
10 in the State.
11 (d) From monies appropriated for this program the State
12 Board of Education shall provide grants to qualifying
13 Educational Service Centers applying for such grants in
14 accordance with rules and regulations promulgated by the
15 State Board of Education to implement this Section.
16 (e) The governing authority of each of the 18 regional
17 educational service centers shall appoint a family life - sex
18 education advisory board consisting of 2 parents, 2 teachers,
19 2 school administrators, 2 school board members, 2 health
20 care professionals, one library system representative, and
21 the director of the regional educational service center who
22 shall serve as chairperson of the advisory board so
23 appointed. Members of the family life - sex education
24 advisory boards shall serve without compensation. Each of
25 the advisory boards appointed pursuant to this subsection
26 shall develop a plan for regional teacher-parent family life
27 - sex education training sessions and shall file a written
28 report of such plan with the governing board of their
29 regional educational service center. The directors of each
30 of the regional educational service centers shall thereupon
31 meet, review each of the reports submitted by the advisory
32 boards and combine those reports into a single written report
33 which they shall file with the Citizens Council on School
34 Problems prior to the end of the regular school term of the
HB0236 Engrossed -568- LRB9100031DJcdA
1 1987-1988 school year.
2 (f) The 14 educational service centers serving Class I
3 county school units shall be disbanded on the first Monday of
4 August, 1995, and their statutory responsibilities and
5 programs shall be assumed by the regional offices of
6 education, subject to rules and regulations developed by the
7 State Board of Education. The regional superintendents of
8 schools elected by the voters residing in all Class I
9 counties shall serve as the chief administrators for these
10 programs and services. By rule of the State Board of
11 Education, the 10 educational service regions of lowest
12 population shall provide such services under cooperative
13 agreements with larger regions.
14 (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
15 (105 ILCS 5/2-3.112)
16 Sec. 2-3.112. Service evaluation reports.
17 (a) The Service Evaluation Committee is hereby created
18 to design and develop, under the direction of the Office of
19 the Lieutenant Governor, a form to be used by school
20 districts as provided in this Section to annually evaluate
21 the nature and quality of the services furnished to those
22 school districts by the State Board of Education and the
23 regional offices of education. The Service Evaluation
24 Committee shall be composed of 7 members, consisting of one
25 member from each of the following entities, designated in
26 each case by the governing board of the entity from which the
27 member is designated:
28 (1) the Regional Superintendents Association;
29 (2) the staff employed by the State Board of
30 Education;
31 (3) the Illinois Parent Teacher Association;
32 (4) the Illinois Education Association;
33 (5) the Illinois Federation of Teachers;
HB0236 Engrossed -569- LRB9100031DJcdA
1 (6) the Illinois Association of School Boards; and
2 (7) the Illinois Association of School
3 Administrators.
4 Members of the Service Evaluation Committee shall serve at
5 the pleasure of the governing board of the entity by which
6 they are designated to serve as members of the Committee.
7 Committee members shall serve without compensation but shall
8 be reimbursed for the reasonable expenses which they
9 necessarily incur in the performance of their
10 responsibilities as members of the Committee.
11 (b) Under the direction of the Office of the Lieutenant
12 Governor, the Committee, at periodic intervals not to exceed
13 3 years, shall review the form to be used for the evaluation
14 and make any modifications in the form that it determines are
15 necessary. The design, development, and any modifications
16 that are to be made to the form shall be determined not later
17 than August 1 of each year, beginning in 1998.
18 (c) The Office of the Lieutenant Governor shall cause
19 the form of evaluation as last designed, developed, or
20 modified under this Section to be printed and distributed to
21 the board of education of each school district in the State
22 not later than September 1 of each year, beginning in 1998.
23 (d) The president of the board of education is
24 authorized to cause the evaluation form to be completed and
25 may sign the form as president of the board of education and
26 forward the completed form to the Office of the Lieutenant
27 Governor not later than November 1 of each year, beginning in
28 1998. Before completing and signing the evaluation form, the
29 president, acting through the board of education, shall
30 request and receive comments, opinions, and other input from
31 the district's administrators, teachers, and teacher
32 organizations to assist the board of education in evaluating,
33 rating, and reporting, on the form to be transmitted to the
34 Office of the Lieutenant Governor, the nature and quality of
HB0236 Engrossed -570- LRB9100031DJcdA
1 the services furnished to the district by the State Board of
2 Education and the regional office of education for the
3 educational service region in which the school district is
4 located.
5 (e) The Office of the Lieutenant Governor shall review
6 and tally the results of all evaluation forms received from
7 the several school districts of the State and submit a
8 written report of the evaluation results to the Governor, the
9 General Assembly, the members of the State Board of
10 Education, and each of the several regional superintendents
11 of schools not later than December 15 of each year, beginning
12 in 1998. The Office of the Lieutenant Governor, in making
13 the annual written report required by this subsection, shall
14 not report, publish, or otherwise release the evaluation
15 results separately for any regional offices of education but
16 instead the evaluation results with respect to the regional
17 offices of education shall be tallied and reported on an
18 aggregate or composite basis, in such manner as to avoid
19 reporting evaluation results on a regional office of
20 education by regional office of education basis.
21 (f) This Section is subject to the provisions of Section
22 405-500 67.35 of the Department of Central Management
23 Services Law (20 ILCS 405/405-500) Civil Administrative Code
24 of Illinois.
25 (Source: P.A. 89-212, eff. 1-1-96; 89-626, eff. 8-9-96;
26 90-96, eff. 1-1-98; 90-498, eff. 1-1-98; 90-609, eff.
27 6-30-98.)
28 Section 5-260. The Illinois Distance Learning Foundation
29 Act is amended by changing Section 5 as follows:
30 (105 ILCS 40/5)
31 Sec. 5. Creation of Foundation. The General Assembly
32 authorizes the Lieutenant Governor, in accordance with
HB0236 Engrossed -571- LRB9100031DJcdA
1 Section 10 of the State Agency Entity Creation Act, to create
2 the Illinois Distance Learning Foundation. Pursuant to this
3 authority, the Lieutenant Governor shall create the Illinois
4 Distance Learning Foundation as a not-for-profit foundation.
5 The Lieutenant Governor shall file articles of incorporation
6 as required under the General Not For Profit Corporation Act
7 of 1986 to create the Foundation. The Foundation's Board of
8 Directors shall be appointed by the Lieutenant Governor from
9 time to time. The Lieutenant Governor shall serve as
10 Chairman of the Board of Directors of the Foundation. The
11 Director of the Governor's Rural Affairs Council shall serve
12 as the initial Director of the Foundation. No member of the
13 Board of Directors may receive compensation for his or her
14 services to the Foundation.
15 Until January 11, 1999, while the office of Lieutenant
16 Governor is vacant, the powers and duties of the Lieutenant
17 Governor and the Office of the Lieutenant Governor under this
18 Act shall be carried out as provided in Section 67.35 of the
19 Civil Administrative Code of Illinois (renumbered; now
20 Section 405-500 of the Department of Central Management
21 Services Law, 20 ILCS 405/405-500).
22 (Source: P.A. 90-609, eff. 6-30-98.)
23 Section 5-265. The University of Illinois Act is amended
24 by changing Section 1a as follows:
25 (110 ILCS 305/1a) (from Ch. 144, par. 22a)
26 Sec. 1a. The Board of Trustees shall comply with the
27 provisions of "An Act concerning the use of Illinois mined
28 coal in certain plants and institutions", filed July 13,
29 1937; provided that in the purchase of any coal or other fuel
30 used in the operation of the University of Illinois, the
31 provisions of Section 30 of the Civil Administrative Code of
32 Illinois (repealed by P.A. 90-572) shall not apply to limit
HB0236 Engrossed -572- LRB9100031DJcdA
1 the price authorized to be paid by the Board of Trustees for
2 any such coal or fuel.
3 (Source: P.A. 86-1189.)
4 Section 5-270. The Family Practice Residency Act is
5 amended by changing Section 10 as follows:
6 (110 ILCS 935/10) (from Ch. 144, par. 1460)
7 Sec. 10. Scholarship recipients who fail to fulfill the
8 obligation described in subsection (d) of Section 3.07 of
9 this Act shall pay to the Department a sum equal to 3 times
10 the amount of the annual scholarship grant for each year the
11 recipient fails to fulfill such obligation. A scholarship
12 recipient who fails to fulfill the obligation described in
13 subsection (d) of Section 3.07 shall have 30 days from the
14 date on which that failure begins in which to enter into a
15 contract with the Department that sets forth the manner in
16 which that sum is required to be paid. If the contract is
17 not entered into within that 30 day period or if the contract
18 is entered into but the required payments are not made in the
19 amounts and at the times provided in the contract, the
20 scholarship recipient also shall be required to pay to the
21 Department interest at the rate of 9% per annum on the amount
22 of that sum remaining due and unpaid. The amounts paid to the
23 Department under this Section shall be deposited into the
24 Community Health Center Care Fund and shall be used by the
25 Department to improve access to primary health care services
26 as authorized by subsection (a) of Section 2310-200 55.53(a)
27 of the Department of Public Health Powers and Duties Law (20
28 ILCS 2310/2310-200) Civil Administrative Code of Illinois.
29 The Department may transfer to the Illinois Development
30 Finance Authority, into an account outside the State
31 treasury, moneys in the Community Health Center Care Fund as
32 needed, but not to exceed an amount established, by rule, by
HB0236 Engrossed -573- LRB9100031DJcdA
1 the Department to establish a reserve or credit enhancement
2 escrow account to support a financing program or a loan or
3 equipment leasing program to provide moneys to support the
4 purposes of subsection (a) of Section 2310-200 55.53(a) of
5 the Department of Public Health Powers and Duties Law (20
6 ILCS 2310/2310-200) Civil Administrative Code of Illinois.
7 The disposition of moneys at the conclusion of any financing
8 program under this Section shall be determined by an
9 interagency agreement.
10 (Source: P.A. 90-405, eff. 1-1-98.)
11 Section 5-275. The Podiatric Scholarship and Residency
12 Act is amended by changing Section 30 as follows:
13 (110 ILCS 978/30)
14 Sec. 30. Penalties for failure to fulfill obligations.
15 Scholarship recipients who fail to fulfill their obligation
16 to practice in designated shortage areas shall pay to the
17 Department a sum equal to 3 times the amount of the annual
18 scholarship grant for each year the recipient fails to
19 fulfill that obligation. The amounts paid to the Department
20 under this Section shall be used by the Department to improve
21 access to primary health care services as authorized by
22 Section 2310-200 55.53 of the Department of Public Health
23 Powers and Duties Law (20 ILCS 2310/2310-200) Civil
24 Administrative Code of Illinois.
25 (Source: P.A. 87-1195.)
26 Section 5-285. The Illinois Insurance Code is amended by
27 changing Section 401 as follows:
28 (215 ILCS 5/401) (from Ch. 73, par. 1013)
29 Sec. 401. General powers of the director. The Director is
30 charged with the rights, powers and duties appertaining to
HB0236 Engrossed -574- LRB9100031DJcdA
1 the enforcement and execution of all the insurance laws of
2 this State. He shall have the power
3 (a) to make reasonable rules and regulations as may be
4 necessary for making effective such laws;
5 (b) to conduct such investigations as may be necessary
6 to determine whether any person has violated any provision of
7 such insurance laws;
8 (c) to conduct such examinations, investigations and
9 hearings in addition to those specifically provided for, as
10 may be necessary and proper for the efficient administration
11 of the insurance laws of this State; and
12 (d) to institute such actions or other lawful
13 proceedings as he may deem necessary for the enforcement of
14 the Illinois Insurance Code or of any Order or action made or
15 taken by him under this Code. The Attorney General, upon
16 request of the Director, may proceed in the courts of this
17 State to enforce an Order or decision in any court proceeding
18 or in any administrative proceeding before the Director.
19 Whenever the Director is authorized or required by law to
20 consider some aspect of criminal history record information
21 for the purpose of carrying out his statutory powers and
22 responsibilities, then, upon request and payment of fees in
23 conformance with the requirements of subsection 22 of Section
24 2605-400 55a of "the Department of State Police Law (20 ILCS
25 2605/2605-400) Civil Administrative Code of Illinois", the
26 Department of State Police is authorized to furnish, pursuant
27 to positive identification, such information contained in
28 State files as is necessary to meet the requirements of such
29 authorization or statutes.
30 (Source: P.A. 86-610.)
31 Section 5-290. The Public Utilities Act is amended by
32 changing Section 4-101 as follows:
HB0236 Engrossed -575- LRB9100031DJcdA
1 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
2 Sec. 4-101. The Commission shall have general supervision
3 of all public utilities, except as otherwise provided in this
4 Act, shall inquire into the management of the business
5 thereof and shall keep itself informed as to the manner and
6 method in which the business is conducted. It shall examine
7 those public utilities and keep informed as to their general
8 condition, their franchises, capitalization, rates and other
9 charges, and the manner in which their plants, equipment and
10 other property owned, leased, controlled or operated are
11 managed, conducted and operated, not only with respect to the
12 adequacy, security and accommodation afforded by their
13 service but also with respect to their compliance with this
14 Act and any other law, with the orders of the Commission and
15 with the charter and franchise requirements.
16 Whenever the Commission is authorized or required by law
17 to consider some aspect of criminal history record
18 information for the purpose of carrying out its statutory
19 powers and responsibilities, then, upon request and payment
20 of fees in conformance with the requirements of subsection 22
21 of Section 2605-400 55a of "the Department of State Police
22 Law (20 ILCS 2605/2605-400) Civil Administrative Code of
23 Illinois", the Department of State Police is authorized to
24 furnish, pursuant to positive identification, such
25 information contained in State files as is necessary to
26 fulfill the request.
27 (Source: P.A. 86-610.)
28 Section 5-295. The Clinical Psychologist Licensing Act is
29 amended by changing Section 19 as follows:
30 (225 ILCS 15/19) (from Ch. 111, par. 5369)
31 Sec. 19. Record of proceedings; transcript. The
32 Department, at its expense, shall preserve a record of all
HB0236 Engrossed -576- LRB9100031DJcdA
1 proceedings at any formal hearing of any case. The notice of
2 hearing, complaint and all other documents in the nature of
3 pleadings and written motions filed in the proceedings, the
4 transcript of testimony, the report of the Board and the
5 orders of the Department shall be the record of the
6 proceedings. The Department shall furnish a transcript of
7 the record to any person upon payment of the fee required
8 under Section 2105-115 60f of the Department of Professional
9 Regulation Law (20 ILCS 2105/2105-115) Civil Administrative
10 Code of Illinois.
11 (Source: P.A. 89-702, eff. 7-1-97.)
12 Section 5-298. The Clinical Social Work and Social Work
13 Practice Act is amended by changing Section 22 as follows:
14 (225 ILCS 20/22) (from Ch. 111, par. 6372)
15 Sec. 22. Record of Proceedings; transcript. The
16 Department, at its expense, shall preserve a record of all
17 proceedings at the formal hearing of any case involving the
18 refusal to issue or to renew a license. The notice of
19 hearing, complaint, all other documents in the nature of
20 pleadings, written motions filed in the proceedings, the
21 transcript of testimony, the report of the Board and orders
22 of the Department shall be in the record of such proceeding.
23 The Department shall furnish a transcript of the record to
24 any person upon payment of the fee required under Section
25 2105-115 60f of the Department of Professional Regulation Law
26 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
27 61e
16 of the Department of Professional Regulation Law (20 ILCS
17 2105/2105-300) Civil Administrative Code of Illinois.
18 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
19 89-204, eff. 1-1-96; 89-626, eff. 8-9-96.)
20 Section 5-305. The Dietetic and Nutrition Services
21 Practice Act is amended by changing Section 110 as follows:
22 (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
23 Sec. 110. Record of hearing. The Department, at its
24 expense, shall preserve a record of all proceedings at the
25 formal hearing of any case. The notice of hearing,
26 complaint, and other documents in the nature of pleadings and
27 written motions filed in the proceedings, the transcript of
28 testimony, the report of the Board, and orders of the
29 Department shall be in the record of the proceedings. The
30 Department shall furnish a transcript of the record to any
31 person interested in the hearing upon payment of the fee
32 required under Section 2105-115 60f of the Department of
HB0236 Engrossed -578- LRB9100031DJcdA
1 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
2 Administrative Code of Illinois.
3 (Source: P.A. 87-784; 87-1000.)
4 Section 5-310. The Environmental Health Practitioner
5 Licensing Act is amended by changing Sections 45 and 70 as
6 follows:
7 (225 ILCS 37/45)
8 Sec. 45. Record of Proceedings; transcript. The
9 Department, at its expense, shall provide a stenographer to
10 record all testimony at the hearing of any case where a
11 certificate is revoked or suspended. The notice of hearing,
12 complaint, and all other documents in the nature of pleadings
13 and written motions filed in the proceedings, the transcript
14 of testimony, the report of the Committee, and the order of
15 the Department shall be the record of the proceedings. The
16 Department shall furnish a transcript of the record to any
17 person interested in the hearing upon payment of the fees
18 required under Section 2105-115 60f of the Department of
19 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
20 Administrative Code of Illinois.
21 (Source: P.A. 89-61, eff. 6-30-95.)
22 (225 ILCS 37/70)
23 Sec. 70. Records of proceeding. The Department, at its
24 expense, shall preserve a record of all proceedings at the
25 formal hearing of any case. The notice of hearing, complaint,
26 and all other documents in the nature of pleadings, written
27 motions filed in the proceedings, transcripts of testimony,
28 reports of the Board and orders of the Department shall be in
29 the record of the proceedings. The Department shall furnish a
30 transcript of the record to any person interested in the
31 hearing upon payment of the fee required under Section
HB0236 Engrossed -579- LRB9100031DJcdA
1 2105-115 60f of the Department of Professional Regulation Law
2 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
3 60f of the Department of
18 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
19 Administrative Code of Illinois.
20 (Source: P.A. 87-783; 87-1237.)
21 Section 5-320. The Medical Practice Act of 1987 is
22 amended by changing Sections 21 and 39 as follows:
23 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
24 Sec. 21. License renewal; restoration; inactive status;
25 disposition and collection of fees.
26 (A) Renewal. The expiration date and renewal period for
27 each license issued under this Act shall be set by rule. The
28 holder of a license may renew such license by paying the
29 required fee. The holder of a license may also renew the
30 license within 90 days after its expiration by complying with
HB0236 Engrossed -580- LRB9100031DJcdA
1 the requirements for renewal and payment of an additional
2 fee. A license renewal within 90 days after expiration shall
3 be effective retroactively to the expiration date.
4 The Department shall mail to each licensee under this
5 Act, to their last known place of address, at least 60 days
6 in advance of the expiration date of their license, a notice
7 of that fact and an application for renewal form. No such
8 license shall be deemed to have lapsed until 90 days after
9 the expiration date and after such notice and application
10 have been mailed by the Department as herein provided.
11 (B) Restoration. Any licensee who has permitted their
12 license to lapse or who has had their license on inactive
13 status may have their license restored by making application
14 to the Department and filing proof acceptable to the
15 Department of their fitness to have their license restored,
16 including evidence certifying to active practice in another
17 jurisdiction satisfactory to the Department, proof of meeting
18 the continuing education requirements for one renewal period,
19 and by paying the required restoration fee.
20 If the licensee has not maintained an active practice in
21 another jurisdiction satisfactory to the Department, the
22 Licensing Board shall determine, by an evaluation program
23 established by rule, their fitness to resume active status
24 and may require the licensee to complete a period of
25 evaluated clinical experience and may require successful
26 completion of the practical examination.
27 However, any registrant whose license has expired while
28 they have been engaged (a) in Federal Service on active duty
29 with the Army of the United States, the United States Navy,
30 the Marine Corps, the Air Force, the Coast Guard, the Public
31 Health Service or the State Militia called into the service
32 or training of the United States of America, or (b) in
33 training or education under the supervision of the United
34 States preliminary to induction into the military service,
HB0236 Engrossed -581- LRB9100031DJcdA
1 may have their license reinstated or restored without paying
2 any lapsed renewal fees, if within 2 years after honorable
3 termination of such service, training or education, they
4 furnish the Department with satisfactory evidence to the
5 effect that they have been so engaged and that their service,
6 training or education has been so terminated.
7 (C) Inactive licenses. Any licensee who notifies the
8 Department, in writing on forms prescribed by the Department,
9 may elect to place their license on an inactive status and
10 shall, subject to rules of the Department, be excused from
11 payment of renewal fees until they notify the Department in
12 writing of their desire to resume active status.
13 Any licensee requesting restoration from inactive status
14 shall be required to pay the current renewal fee, provide
15 proof of meeting the continuing education requirements for
16 the period of time the license is inactive not to exceed one
17 renewal period, and shall be required to restore their
18 license, as provided in subsection (B).
19 Any licensee whose license is in an inactive status shall
20 not practice in the State of Illinois.
21 (D) Disposition of monies collected. All monies
22 collected under this Act by the Department shall be deposited
23 in the Illinois State Medical Disciplinary Fund in the State
24 Treasury, and used only for the following purposes: (a) by
25 the Medical Disciplinary Board in the exercise of its powers
26 and performance of its duties, as such use is made by the
27 Department with full consideration of all recommendations of
28 the Medical Disciplinary Board, (b) for costs directly
29 related to persons licensed under this Act, and (c) for
30 direct and allocable indirect costs related to the public
31 purposes of the Department of Professional Regulation.
32 Moneys in the Fund may be transferred to the Professions
33 Indirect Cost Fund as authorized under Section 2105-300 61e
34 of the Department of Professional Regulation Law (20 ILCS
HB0236 Engrossed -582- LRB9100031DJcdA
1 2105/2105-300) Civil Administrative Code of Illinois.
2 All earnings received from investment of monies in the
3 Illinois State Medical Disciplinary Fund shall be deposited
4 in the Illinois State Medical Disciplinary Fund and shall be
5 used for the same purposes as fees deposited in such fund.
6 (E) Fees. The following fees are nonrefundable.
7 (1) Applicants for any examination shall be
8 required to pay, either to the Department or to the
9 designated testing service, a fee covering the cost of
10 determining the applicant's eligibility and providing the
11 examination. Failure to appear for the examination on the
12 scheduled date, at the time and place specified, after
13 the applicant's application for examination has been
14 received and acknowledged by the Department or the
15 designated testing service, shall result in the
16 forfeiture of the examination fee.
17 (2) The fee for a license under Section 9 of this
18 Act is $300.
19 (3) The fee for a license under Section 19 of this
20 Act is $300.
21 (4) The fee for the renewal of a license for a
22 resident of Illinois shall be calculated at the rate of
23 $100 per year, except for licensees who were issued a
24 license within 12 months of the expiration date of the
25 license, the fee for the renewal shall be $100. The fee
26 for the renewal of a license for a nonresident shall be
27 calculated at the rate of $200 per year, except for
28 licensees who were issued a license within 12 months of
29 the expiration date of the license, the fee for the
30 renewal shall be $200.
31 (5) The fee for the restoration of a license other
32 than from inactive status, is $100. In addition payment
33 of all lapsed renewal fees not to exceed $600 is
34 required.
HB0236 Engrossed -583- LRB9100031DJcdA
1 (6) The fee for a 3-year temporary license under
2 Section 17 is $100.
3 (7) The fee for the issuance of a duplicate
4 license, for the issuance of a replacement license for a
5 license which has been lost or destroyed or for the
6 issuance of a license with a change of name or address
7 other than during the renewal period is $20. No fee is
8 required for name and address changes on Department
9 records when no duplicate license is issued.
10 (8) The fee to be paid for a license record for any
11 purpose is $20.
12 (9) The fee to be paid to have the scoring of an
13 examination, administered by the Department, reviewed and
14 verified, is $20 plus any fees charged by the applicable
15 testing service.
16 (10) The fee to be paid by a licensee for a wall
17 certificate showing their license shall be the actual
18 cost of producing such certificate.
19 (11) The fee for a roster of persons licensed as
20 physicians in this State shall be the actual cost of
21 producing such a roster.
22 (F) Any person who delivers a check or other payment to
23 the Department that is returned to the Department unpaid by
24 the financial institution upon which it is drawn shall pay to
25 the Department, in addition to the amount already owed to the
26 Department, a fine of $50. If the check or other payment was
27 for a renewal or issuance fee and that person practices
28 without paying the renewal fee or issuance fee and the fine
29 due, an additional fine of $100 shall be imposed. The fines
30 imposed by this Section are in addition to any other
31 discipline provided under this Act for unlicensed practice or
32 practice on a nonrenewed license. The Department shall notify
33 the person that payment of fees and fines shall be paid to
34 the Department by certified check or money order within 30
HB0236 Engrossed -584- LRB9100031DJcdA
1 calendar days of the notification. If, after the expiration
2 of 30 days from the date of the notification, the person has
3 failed to submit the necessary remittance, the Department
4 shall automatically terminate the license or certificate or
5 deny the application, without hearing. If, after termination
6 or denial, the person seeks a license or certificate, he or
7 she shall apply to the Department for restoration or issuance
8 of the license or certificate and pay all fees and fines due
9 to the Department. The Department may establish a fee for the
10 processing of an application for restoration of a license or
11 certificate to pay all expenses of processing this
12 application. The Director may waive the fines due under this
13 Section in individual cases where the Director finds that the
14 fines would be unreasonable or unnecessarily burdensome.
15 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
16 7-1-97.)
17 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
18 Sec. 39. Stenographer; transcript. The Department, at
19 its expense, shall provide a stenographer to take down the
20 testimony and preserve a record of all proceedings at the
21 hearing of any case wherein a license may be revoked,
22 suspended, placed on probationary status, or other
23 disciplinary action taken with regard thereto. The notice of
24 hearing, complaint and all other documents in the nature of
25 pleadings and written motions filed in the proceedings, the
26 transcript of testimony, the report of the Licensing Board
27 and the orders of the Department constitute the record of the
28 proceedings. The Department shall furnish a transcript of the
29 record to any person interested in such hearing upon payment
30 of the fee required under Section 2105-115 60f of the
31 Department of Professional Regulation Law (20 ILCS
32 2105/2105-115) Civil Administrative Code of Illinois.
33 (Source: P.A. 87-1031.)
HB0236 Engrossed -585- LRB9100031DJcdA
1 Section 5-325. The Naprapathic Practice Act is amended by
2 changing Section 130 as follows:
3 (225 ILCS 63/130)
4 Sec. 130. Formal hearing; preservation of record. The
5 Department, at its expense, shall preserve a record of all
6 proceedings at the formal hearing of any case. The notice of
7 hearing, complaint, and all other documents in the nature of
8 pleadings and written motions filed in the proceedings, the
9 transcript of testimony, the report of the Committee or
10 hearing officer, and order of the Department shall be the
11 record of the proceeding. The Department shall furnish a
12 transcript of the record to any person interested in the
13 hearing upon payment of the fee required under Section
14 2105-115 60f of the Department of Professional Regulation Law
15 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
16 61e of the Department of
5 Professional Regulation Law (20 ILCS 2105/2105-300)
6 Civil Administrative Code of Illinois.
7 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
8 89-626, eff. 8-9-96; 90-61, eff. 12-30-97; 90-372, eff.
9 7-1-98; 90-655, eff. 7-30-98; 90-742, eff. 8-13-98.)
10 (225 ILCS 65/20-85)
11 Sec. 20-85. Stenographer; transcript. The Department,
12 at its expense, shall provide a stenographer to take down the
13 testimony and preserve a record of all proceedings at the
14 hearing of any case wherein any disciplinary action is taken
15 regarding a license. The notice of hearing, complaint and
16 all other documents in the nature of pleadings and written
17 motions filed in the proceedings, the transcript of
18 testimony, the report of the Board and the orders of the
19 Department shall be the record of the proceedings. The
20 Department shall furnish a transcript of the record to any
21 person interested in the hearing upon payment of the fee
22 required under Section 2105-115 60f of the Department of
23 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
24 Administrative Code of Illinois.
25 (Source: P.A. 90-61, eff. 12-30-97; 90-742, eff. 8-13-98.)
26 Section 5-335. The Nursing Home Administrators Licensing
27 and Disciplinary Act is amended by changing Section 23 as
28 follows:
29 (225 ILCS 70/23) (from Ch. 111, par. 3673)
30 Sec. 23. Record of proceedings. The Department, at its
31 expense, shall preserve a record of all proceedings at any
HB0236 Engrossed -588- LRB9100031DJcdA
1 formal hearing of any case. The notice of hearing, complaint,
2 all other documents in the nature of pleadings and written
3 motions filed in the proceedings, the transcript of
4 testimony, the report of the Board, and the orders of the
5 Department shall be the record of the proceedings. The
6 Department shall furnish a transcript of the record to any
7 person interested in such hearing upon payment of the fee
8 required under Section 2105-115 60f of the Department of
9 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 90-61, eff. 12-30-97.)
12 Section 5-340. The Illinois Optometric Practice Act of
13 1987 is amended by changing Section 20 as follows:
14 (225 ILCS 80/20) (from Ch. 111, par. 3920)
15 Sec. 20. Fund. All moneys received by the Department
16 pursuant to this Act shall be deposited in the Optometric
17 Licensing and Disciplinary Board Fund, which is hereby
18 created as a special fund in the State Treasury, and shall be
19 used only for the administration of this Act, including: (a)
20 by the Board in the exercise of its powers and performance of
21 its duties, as such use is made by the Department with full
22 consideration of all recommendations of the Board; (b) for
23 costs directly related to license renewal of persons licensed
24 under this Act; and (c) for direct and allocable indirect
25 costs related to the public purposes of the Department of
26 Professional Regulation.
27 Moneys in the Fund may be transferred to the Professions
28 Indirect Cost Fund as authorized under Section 2105-300 61e
29 of the Department of Professional Regulation Law (20 ILCS
30 2105/2105-300) Civil Administrative Code of Illinois.
31 Money in the Optometric Licensing and Disciplinary Board
32 Fund may be invested and reinvested, with all earnings
HB0236 Engrossed -589- LRB9100031DJcdA
1 received from such investment to be deposited in the
2 Optometric Licensing and Disciplinary Board Fund and used for
3 the same purposes as fees deposited in such fund.
4 Any monies in the Optometric Examining and Disciplinary
5 Board Fund on the effective date of this Act shall be
6 transferred to the Optometric Licensing and Disciplinary
7 Board Fund.
8 Any obligations of the Optometric Examining and
9 Disciplinary Board Fund unpaid on the effective date of this
10 Act shall be paid from the Optometric Licensing and
11 Disciplinary Board Fund.
12 (Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96;
13 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
14 Section 5-345. The Pharmacy Practice Act of 1987 is
15 amended by changing Section 27 as follows:
16 (225 ILCS 85/27) (from Ch. 111, par. 4147)
17 Sec. 27. Fees. The following fees are not refundable.
18 (A) Certificate of pharmacy technician.
19 (1) The fee for application for a certificate of
20 registration as a pharmacy technician is $40.
21 (2) The fee for the renewal of a certificate of
22 registration as a pharmacy technician shall be calculated
23 at the rate of $25 per year.
24 (B) License as a pharmacist.
25 (1) The fee for application for a license is $75.
26 (2) In addition, applicants for any examination as
27 a registered pharmacist shall be required to pay, either
28 to the Department or to the designated testing service, a
29 fee covering the cost of determining an applicant's
30 eligibility and providing the examination. Failure to
31 appear for the examination on the scheduled date, at the
32 time and place specified, after the applicant's
HB0236 Engrossed -590- LRB9100031DJcdA
1 application for examination has been received and
2 acknowledged by the Department or the designated testing
3 service, shall result in the forfeiture of the
4 examination fee.
5 (3) The fee for a license as a registered
6 pharmacist registered or licensed under the laws of
7 another state or territory of the United States is $200.
8 (4) The fee upon the renewal of a license shall be
9 calculated at the rate of $75 per year.
10 (5) The fee for the restoration of a certificate
11 other than from inactive status is $10 plus all lapsed
12 renewal fees.
13 (6) Applicants for the preliminary diagnostic
14 examination shall be required to pay, either to the
15 Department or to the designated testing service, a fee
16 covering the cost of determining an applicant's
17 eligibility and providing the examination. Failure to
18 appear for the examination on the scheduled date, at the
19 time and place specified, after the application for
20 examination has been received and acknowledged by the
21 Department or the designated testing service, shall
22 result in the forfeiture of the examination fee.
23 (7) The fee to have the scoring of an examination
24 authorized by the Department reviewed and verified is $20
25 plus any fee charged by the applicable testing service.
26 (C) License as a pharmacy.
27 (1) The fee for application for a license for a
28 pharmacy under this Act is $100.
29 (2) The fee for the renewal of a license for a
30 pharmacy under this Act shall be calculated at the rate
31 of $100 per year.
32 (3) The fee for the change of a
33 pharmacist-in-charge is $25.
34 (D) General Fees.
HB0236 Engrossed -591- LRB9100031DJcdA
1 (1) The fee for the issuance of a duplicate
2 license, for the issuance of a replacement license for a
3 license that has been lost or destroyed or for the
4 issuance of a license with a change of name or address
5 other than during the renewal period is $20. No fee is
6 required for name and address changes on Department
7 records when no duplicate certification is issued.
8 (2) The fee for a certification of a registrant's
9 record for any purpose is $20.
10 (3) The fee to have the scoring of an examination
11 administered by the Department reviewed and verified is
12 $20.
13 (4) The fee for a wall certificate showing
14 licensure or registration shall be the actual cost of
15 producing the certificate.
16 (5) The fee for a roster of persons registered as
17 pharmacists or registered pharmacies in this State shall
18 be the actual cost of producing the roster.
19 (6) The fee for pharmacy licensing, disciplinary or
20 investigative records obtained pursuant to a subpoena is
21 $1 per page.
22 (E) Except as provided in subsection (F), all moneys
23 received by the Department under this Act shall be deposited
24 in the Illinois State Pharmacy Disciplinary Fund hereby
25 created in the State Treasury and shall be used only for the
26 following purposes: (a) by the State Board of Pharmacy in the
27 exercise of its powers and performance of its duties, as such
28 use is made by the Department upon the recommendations of the
29 State Board of Pharmacy, (b) for costs directly related to
30 license renewal of persons licensed under this Act, and (c)
31 for direct and allocable indirect costs related to the public
32 purposes of the Department of Professional Regulation.
33 Moneys in the Fund may be transferred to the Professions
34 Indirect Cost Fund as authorized under Section 2105-300 61e
HB0236 Engrossed -592- LRB9100031DJcdA
1 of the Department of Professional Regulation Law (20 ILCS
2 2105/2105-300) Civil Administrative Code of Illinois.
3 The moneys deposited in the Illinois State Pharmacy
4 Disciplinary Fund shall be invested to earn interest which
5 shall accrue to the Fund. The Department shall present to the
6 Board for its review and comment all appropriation requests
7 from the Illinois State Pharmacy Disciplinary Fund. The
8 Department shall give due consideration to any comments of
9 the Board in making appropriation requests.
10 (F) From the money received for license renewal fees, $5
11 from each pharmacist fee, and $2.50 from each pharmacy
12 technician fee, shall be set aside within the Illinois State
13 Pharmacy Disciplinary Fund for the purpose of supporting a
14 substance abuse program for pharmacists and pharmacy
15 technicians. The State Board of Pharmacy shall determine how
16 and to whom the money set aside under this subsection is
17 disbursed.
18 (G) (Blank).
19 (Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
20 89-626, eff. 8-9-96; 90-372, eff. 7-1-98.)
21 Section 5-350. The Podiatric Medical Practice Act of 1987
22 is amended by changing Section 19 as follows:
23 (225 ILCS 100/19) (from Ch. 111, par. 4819)
24 Sec. 19. Disciplinary Fund. All fees and fines received
25 by the Department under this Act shall be deposited in the
26 Illinois State Podiatric Disciplinary Fund, a special fund
27 created hereunder in the State Treasury. Of the moneys
28 deposited into the Illinois State Podiatric Disciplinary
29 Fund, 15% of the money received from the payment of renewal
30 fees shall be used for podiatric scholarships and residency
31 programs under the Podiatric Scholarship and Residency Act
32 and the remainder shall be appropriated to the Department for
HB0236 Engrossed -593- LRB9100031DJcdA
1 expenses of the Department and of the Podiatric Medical
2 Licensing Board and for podiatric scholarships and residency
3 programs under the Podiatric Scholarship and Residency Act.
4 Moneys in the Illinois State Podiatric Disciplinary Fund
5 may be invested and reinvested in investments authorized for
6 the investment of funds of the State Employees' Retirement
7 System of Illinois.
8 All earnings received from such investments shall be
9 deposited in the Illinois State Podiatric Disciplinary Fund
10 and may be used for the same purposes as fees deposited in
11 such fund.
12 Moneys in the Fund may be transferred to the Professions
13 Indirect Cost Fund as authorized under Section 2105-300 61e
14 of the Department of Professional Regulation Law (20 ILCS
15 2105/2105-300) Civil Administrative Code of Illinois.
16 Upon the completion of any audit of the Department as
17 prescribed by the Illinois State Auditing Act which includes
18 an audit of the Illinois State Podiatric Disciplinary Fund,
19 the Department shall make the audit open to inspection by any
20 interested person.
21 (Source: P.A. 89-204, eff. 1-1-96; 90-76, eff. 12-30-97;
22 90-372, eff. 7-1-98.)
23 Section 5-355. The Professional Boxing and Wrestling Act
24 is amended by changing Section 20 as follows:
25 (225 ILCS 105/20) (from Ch. 111, par. 5020)
26 Sec. 20. Stenographer; transcript. The Department, at
27 its expense, shall provide a stenographer to take down the
28 testimony and preserve a record of all proceedings at the
29 hearing of any case wherein a license or permit is subjected
30 to disciplinary action. The notice of hearing, complaint and
31 all other documents in the nature of pleadings and written
32 motions filed in the proceedings, the transcript of
HB0236 Engrossed -594- LRB9100031DJcdA
1 testimony, the report of the board and the orders of the
2 Department shall be the record of the proceedings. The
3 Department shall furnish a transcript of the record to any
4 person interested in the hearing upon payment of the fee
5 required under Section 2105-115 60f of the Department of
6 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
7 Administrative Code of Illinois.
8 (Source: P.A. 87-1031.)
9 Section 5-360. The Respiratory Care Practice Act is
10 amended by changing Section 110 as follows:
11 (225 ILCS 106/110)
12 Sec. 110. Record of proceedings; transcript. The
13 Department, at its expense, shall preserve the record of all
14 proceedings at a formal hearing of any case. The notice of
15 hearing, complaint, all other documents in the nature of
16 pleadings and written motions filed in the proceedings, the
17 transcript of testimony, the report of the Board and orders
18 of the Department shall be in the record of the proceedings.
19 The Department shall furnish a transcript of the record to
20 any person interested in the hearing upon payment of the fee
21 required under Section 2105-115 60f of the Department of
22 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
23 Administrative Code of Illinois.
24 (Source: P.A. 89-33, eff. 1-1-96.)
25 Section 5-365. The Professional Counselor and Clinical
26 Professional Counselor Licensing Act is amended by changing
27 Section 95 as follows:
28 (225 ILCS 107/95)
29 Sec. 95. Record of proceedings; transcript. The
30 Department, at its expense, shall preserve a record of all
HB0236 Engrossed -595- LRB9100031DJcdA
1 proceedings at the formal hearing of any case. The notice of
2 hearing, complaint, all other documents in the nature of
3 pleadings, written motions filed in the proceedings, the
4 transcript of testimony, the report of the Board and orders
5 of the Department shall be in the record of such proceeding.
6 The Department shall furnish a transcript of the record to
7 any person interested in the hearing upon payment of the fee
8 required under Section 2105-115 60f of the Department of
9 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 87-1011; 87-1269.)
12 Section 5-370. The Wholesale Drug Distribution Licensing
13 Act is amended by changing Section 35 as follows:
14 (225 ILCS 120/35) (from Ch. 111, par. 8301-35)
15 Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
16 (a) The following fees shall be imposed by the
17 Department and are not refundable.
18 (1) The fee for application for a certificate of
19 registration as a wholesale drug distributor is $200.
20 (2) The fee for the renewal of a certificate of
21 registration as a wholesale drug distributor is $200 per
22 year.
23 (3) The fee for the change of person responsible
24 for drugs is $50.
25 (4) The fee for the issuance of a duplicate license
26 to replace a license that has been lost or destroyed is
27 $25.
28 (5) The fee for certification of a registrant's
29 record for any purpose is $25.
30 (6) The fee for a roster of licensed wholesale drug
31 distributors shall be the actual cost of producing the
32 roster.
HB0236 Engrossed -596- LRB9100031DJcdA
1 (7) The fee for wholesale drug distributor
2 licensing, disciplinary, or investigative records
3 obtained under subpoena is $1 per page.
4 (b) All moneys received by the Department under this Act
5 shall be deposited into the Illinois State Pharmacy
6 Disciplinary Fund in the State Treasury and shall be used
7 only for the following purposes: (i) by the State Board of
8 Pharmacy in the exercise of its powers and performance of its
9 duties, as such use is made by the Department upon the
10 recommendations of the State Board of Pharmacy, (ii) for
11 costs directly related to license renewal of persons licensed
12 under this Act, and (iii) for direct and allocable indirect
13 costs related to the public purposes of the Department of
14 Professional Regulation. Moneys in the Fund may be
15 transferred to the Professions Indirect Cost Fund as
16 authorized by Section 2105-300 61e of the Department of
17 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
18 Administrative Code of Illinois.
19 The moneys deposited into the Illinois State Pharmacy
20 Disciplinary Fund shall be invested to earn interest which
21 shall accrue to the Fund.
22 The Department shall present to the Board for its review
23 and comment all appropriation requests from the Illinois
24 State Pharmacy Disciplinary Fund. The Department shall give
25 due consideration to any comments of the Board in making
26 appropriation requests.
27 (c) Any person who delivers a check or other payment to
28 the Department that is returned to the Department unpaid by
29 the financial institution upon which it is drawn shall pay to
30 the Department, in addition to the amount already owed to the
31 Department, a fine of $50. If the check or other payment was
32 for a renewal or issuance fee and that person practices
33 without paying the renewal fee or issuance fee and the fine
34 due, an additional fine of $100 shall be imposed. The fines
HB0236 Engrossed -597- LRB9100031DJcdA
1 imposed by this Section are in addition to any other
2 discipline provided under this Act for unlicensed practice or
3 practice on a nonrenewed license. The Department shall
4 notify the person that payment of fees and fines shall be
5 paid to the Department by certified check or money order
6 within 30 calendar days of the notification. If, after the
7 expiration of 30 days from the date of the notification, the
8 person has failed to submit the necessary remittance, the
9 Department shall automatically terminate the license or
10 certificate or deny the application, without hearing. If,
11 after termination or denial, the person seeks a license or
12 certificate, he or she shall apply to the Department for
13 restoration or issuance of the license or certificate and pay
14 all fees and fines due to the Department. The Department may
15 establish a fee for the processing of an application for
16 restoration of a license or certificate to pay all expenses
17 of processing this application. The Director may waive the
18 fines due under this Section in individual cases where the
19 Director finds that the fines would be unreasonable or
20 unnecessarily burdensome.
21 (d) The Department shall maintain a roster of the names
22 and addresses of all registrants and of all persons whose
23 licenses have been suspended or revoked. This roster shall
24 be available upon written request and payment of the required
25 fee.
26 (Source: P.A. 89-204, eff. 1-1-96.)
27 Section 5-375. The Illinois Architecture Practice Act of
28 1989 is amended by changing Sections 25 and 38 as follows:
29 (225 ILCS 305/25) (from Ch. 111, par. 1325)
30 Sec. 25. Stenographer; transcript. The Department, at
31 its expense, shall preserve a record of all proceedings at
32 the formal hearing of any case involving the refusal to
HB0236 Engrossed -598- LRB9100031DJcdA
1 restore, issue or renew a license, or the discipline of a
2 licensee. The notice of hearing, complaint and all other
3 documents in the nature of pleadings and written motions
4 filed in the proceedings, the transcript of testimony, the
5 report of the Board and the orders of the Department shall be
6 the record of the proceedings. The Department shall furnish
7 a transcript of the record to any person interested in the
8 hearing upon payment of the fee required by Section 2105-115
9 60f of the Department of Professional Regulation Law (20 ILCS
10 2105/2105-115) Civil Administrative Code of Illinois.
11 (Source: P.A. 86-702; 87-1031.)
12 (225 ILCS 305/38) (from Ch. 111, par. 1338)
13 Sec. 38. Fund; appropriations; investments; audits.
14 Moneys deposited in the Design Professionals Administration
15 and Investigation Fund shall be appropriated to the
16 Department exclusively for expenses of the Department and the
17 Board in the administration of this Act, the Illinois
18 Professional Land Surveyor Act of 1989, the Professional
19 Engineering Practice Act of 1989, and the Structural
20 Engineering Licensing Act of 1989. The expenses of the
21 Department under this Act shall be limited to the ordinary
22 and contingent expenses of the Design Professionals Dedicated
23 Employees within the Department as established under Section
24 2105-75 62.1 of the Department of Professional Regulation Law
25 (20 ILCS 2105/2105-75) Civil Administrative Code of Illinois
26 and other expenses related to the administration and
27 enforcement of this Act.
28 Moneys from the Fund may also be used for direct and
29 allocable indirect costs related to the public purposes of
30 the Department of Professional Regulation. Moneys in the
31 Fund may be transferred to the Professions Indirect Cost Fund
32 as authorized by Section 2105-300 61e of the Department of
33 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
HB0236 Engrossed -599- LRB9100031DJcdA
1 Administrative Code of Illinois.
2 All fines and penalties under Sections 22 and 36 shall be
3 deposited in the Design Professional Administration and
4 Investigation Fund.
5 Moneys in the Design Professional Administration and
6 Investigation Fund may be invested and reinvested, with all
7 earnings received from the investments to be deposited in the
8 Design Professionals Administration and Investigation Fund
9 and used for the same purposes as fees deposited in the Fund.
10 Upon the completion of any audit of the Department as
11 prescribed by the Illinois State Auditing Act that includes
12 an audit of the Design Professionals Administration and
13 Investigation Fund, the Department shall make the audit open
14 to inspection by any interested person. The copy of the
15 audit report required to be submitted to the Department by
16 this Section is an addition to copies of audit reports
17 required to be submitted to other State officers and agencies
18 by Section 3-14 of the Illinois State Auditing Act.
19 (Source: P.A. 89-204, eff. 1-1-96.)
20 Section 5-380. The Interior Design Profession Title Act
21 is amended by changing Section 30 as follows:
22 (225 ILCS 310/30) (from Ch. 111, par. 8230)
23 Sec. 30. Interior Design Administration and Investigation
24 Fund. All of the fees collected under this Act shall be
25 deposited in the Interior Design Administration and
26 Investigation Fund. The monies deposited in the Interior
27 Design Administration and Investigation Fund shall be
28 appropriated to the Department for expenses of the Department
29 and the Board in the administration of this Act. Monies in
30 the Interior Design Administration and Investigation Fund may
31 be invested and reinvested, with all earnings received from
32 such investment to be deposited in the Interior Design
HB0236 Engrossed -600- LRB9100031DJcdA
1 Administration and Investigation Fund and used for the same
2 purposes as fees deposited in the Fund.
3 Moneys from the Fund may also be used for direct and
4 allocable indirect costs related to the public purposes of
5 the Department of Professional Regulation. Moneys in the
6 Fund may be transferred to the Professions Indirect Cost Fund
7 as authorized by Section 2105-300 61e of the Department of
8 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
9 Administrative Code of Illinois.
10 Upon the completion of any audit of the Department as
11 prescribed by the Illinois State Auditing Act that includes
12 an audit of the Interior Design Administration and
13 Investigation Fund, the Department shall make the audit open
14 to inspection by any interested person. The copy of the audit
15 report required to be submitted to the Department by this
16 Section is in addition to copies of audit reports required to
17 be submitted to other State officers and agencies by Section
18 3-14 of the Illinois State Auditing Act.
19 (Source: P.A. 89-204, eff. 1-1-96.)
20 Section 5-385. The Illinois Landscape Architecture Act of
21 1989 is amended by changing Sections 15 and 20 as follows:
22 (225 ILCS 315/15) (from Ch. 111, par. 8115)
23 Sec. 15. Disposition of funds. All of the fees
24 collected pursuant to this Act shall be deposited in the
25 Landscape Architects' Administration and Investigation Fund.
26 The monies deposited in the Landscape Architects'
27 Administration and Investigation Fund shall be appropriated
28 to the Department for expenses of the Department in the
29 administration of this Act.
30 Moneys from the Fund may also be used for direct and
31 allocable indirect costs related to the public purposes of
32 the Department of Professional Regulation. Moneys in the
HB0236 Engrossed -601- LRB9100031DJcdA
1 Fund may be transferred to the Professions Indirect Cost Fund
2 as authorized by Section 2105-300 61e of the Department of
3 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
4 Administrative Code of Illinois.
5 Money deposited in the Landscape Architects'
6 Administration and Investigation Fund pursuant to this
7 Section may be invested and reinvested, with all earnings
8 received from such investment to be deposited in the
9 Landscape Architects' Administration and Investigation Fund
10 and used for the same purposes as fees deposited in such
11 fund.
12 (Source: P.A. 89-204, eff. 1-1-96.)
13 (225 ILCS 315/20) (from Ch. 111, par. 8120)
14 Sec. 20. Record of proceedings; transcript. The
15 Department, at its expense, shall preserve a record of all
16 proceedings at the formal hearing of any case involving the
17 refusal to restore, issue or renew a license, or the
18 discipline of a licensee. The notice of hearing, complaint
19 and all other documents in the nature of pleadings and
20 written motions filed in the proceedings, the transcript of
21 testimony, the report of the Board and the orders of the
22 Department shall be the record of the proceedings. The
23 Department shall furnish a transcript of the record to any
24 person interested in the hearing upon payment of the fee
25 required under Section 2105-115 60f of the Department of
26 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
27 Administrative Code of Illinois.
28 (Source: P.A. 87-1031; 88-363.)
29 Section 5-390. The Professional Engineering Practice Act
30 of 1989 is amended by changing Sections 27 and 44 as
31 follows:
HB0236 Engrossed -602- LRB9100031DJcdA
1 (225 ILCS 325/27) (from Ch. 111, par. 5227)
2 Sec. 27. Stenographer; transcript. The Department, at
3 its expense, shall preserve a record of all proceedings at
4 the formal hearing of any case involving the refusal to
5 issue, restore or renew a license or otherwise discipline a
6 registrant. The notice of hearing, complaint and all other
7 documents in the nature of pleadings and written motions
8 filed in the proceedings, the transcript of testimony, the
9 report of the Board and orders of the Department shall be in
10 the record of the proceeding. The Department shall furnish a
11 transcript of the record to any person interested in the
12 hearing upon payment of the fee required under Section
13 2105-115 60f of the Department of Professional Regulation Law
14 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
15 62.1 of the Department of Professional Regulation Law (20
30 ILCS 2105/2105-75) Civil Administrative Code of Illinois and
31 other expenses related to the administration and enforcement
32 of this Act.
33 Moneys from the Fund may also be used for direct and
HB0236 Engrossed -603- LRB9100031DJcdA
1 allocable indirect costs related to the public purposes of
2 the Department of Professional Regulation. Moneys in the
3 Fund may be transferred to the Professions Indirect Cost Fund
4 as authorized by Section 2105-300 61e of the Department of
5 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
6 Administrative Code of Illinois.
7 Moneys in the Design Professionals Administration and
8 Investigation Fund may be invested and reinvested with all
9 earnings received from the investments to be deposited in the
10 Design Professionals Administration and Investigation Fund
11 and used for the same purposes as fees deposited in the Fund.
12 All fines and penalties under Section 24 and Section 39
13 shall be deposited in the Design Professionals Administration
14 and Investigation Fund.
15 Upon the completion of any audit of the Department as
16 prescribed by the Illinois State Auditing Act that audit
17 includes an audit of the Design Professionals Administration
18 and Investigation Fund, the Department shall make the audit
19 report open to inspection by any interested person. The copy
20 of the audit report required to be submitted to the
21 Department by this Section is in addition to copies of audit
22 reports required to be submitted to other State officers and
23 agencies by Section 3-14 of the Illinois State Auditing Act.
24 (Source: P.A. 89-204, eff. 1-1-96.)
25 Section 5-395. The Illinois Professional Land Surveyor
26 Act of 1989 is amended by changing Sections 30 and 48 as
27 follows:
28 (225 ILCS 330/30) (from Ch. 111, par. 3280)
29 Sec. 30. Stenographer; transcript. The Department, at
30 its expense, shall provide a stenographer to take down the
31 testimony and preserve a record of all proceedings at the
32 hearing of any case where a license is revoked, suspended, or
HB0236 Engrossed -604- LRB9100031DJcdA
1 other disciplinary action is taken. The notice of hearing,
2 complaint and all other documents in the nature of pleadings
3 and written motions filed in the proceedings, the transcript
4 of testimony, the report of the Board and the orders of the
5 Department shall be the record of the proceedings. The
6 Department shall furnish a transcript of the record to any
7 person interested in the hearing upon payment of the fee
8 required under Section 2105-115 60f of the Department of
9 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 86-987; 87-1031.)
12 (225 ILCS 330/48) (from Ch. 111, par. 3298)
13 Sec. 48. Fund, appropriations, investments and audits.
14 The moneys deposited in the Design Professionals
15 Administration and Investigation Fund from fines and fees
16 under this Act shall be appropriated to the Department
17 exclusively for expenses of the Department and the Board in
18 the administration of this Act, the Illinois Architecture
19 Practice Act, the Professional Engineering Practice Act of
20 1989, and the Structural Engineering Licensing Act of 1989.
21 The expenses of the Department under this Act shall be
22 limited to the ordinary and contingent expenses of the Design
23 Professionals Dedicated Employees within the Department as
24 established under Section 2105-75 62.1 of the Department of
25 Professional Regulation Law (20 ILCS 2105/2105-75) Civil
26 Administrative Code of Illinois and other expenses related to
27 the administration and enforcement of this Act.
28 Moneys from the Fund may also be used for direct and
29 allocable indirect costs related to the public purposes of
30 the Department of Professional Regulation. Moneys in the
31 Fund may be transferred to the Professions Indirect Cost Fund
32 as authorized by Section 2105-300 61e of the Department of
33 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
HB0236 Engrossed -605- LRB9100031DJcdA
1 Administrative Code of Illinois.
2 Moneys in the Design Professionals Administration and
3 Investigation Fund may be invested and reinvested with all
4 earnings received from the investments to be deposited in the
5 Design Professionals Administration and Investigation Fund
6 and used for the same purposes as fees deposited in that
7 Fund.
8 Upon the completion of any audit of the Department as
9 prescribed by the Illinois State Auditing Act that includes
10 an audit of the Design Professionals Administration and
11 Investigation Fund, the Department shall make the audit open
12 to inspection by any interested person. The copy of the
13 audit report required to be submitted to the Department by
14 this Section is in addition to copies of audit reports
15 required to be submitted to other State officers and agencies
16 by Section 3-14 of the Illinois State Auditing Act.
17 (Source: P.A. 89-204, eff. 1-1-96.)
18 Section 5-400. The Illinois Roofing Industry Licensing
19 Act is amended by changing Section 9.2 as follows:
20 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
21 Sec. 9.2. The Department, at its expense, shall preserve
22 a record of all proceedings at the formal hearing of any
23 case. The notice of hearing, complaint and all other
24 documents in the nature of pleadings and written motions
25 filed in the proceedings, the transcript of testimony, the
26 report of the hearing officer and order of the Department
27 shall be the record of such proceeding. The Department shall
28 furnish a transcript of the record to any person interested
29 in the hearing upon payment of the fee required under Section
30 2105-115 60f of the Department of Professional Regulation Law
31 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
32 60f of the
16 Department of Professional Regulation Law (20 ILCS
17 2105/2105-115) Civil Administrative Code of Illinois.
18 (Source: P.A. 86-711; 87-1031.)
19 (225 ILCS 340/36) (from Ch. 111, par. 6636)
20 Sec. 36. Fund; appropriations; investments; audits.
21 Moneys collected under this Act and deposited in the Design
22 Professionals Administration and Investigation Fund shall be
23 appropriated to the Department exclusively for expenses of
24 the Department and the Board in the administration of this
25 Act, the Illinois Professional Land Surveyor Act of 1989, the
26 Professional Engineering Practice Act of 1989, and the
27 Illinois Architecture Practice Act. The expenses of the
28 Department under this Act shall be limited to the ordinary
29 and contingent expenses of the Design Professionals Dedicated
30 Employees within the Department as established under Section
31 2105-75 62.1 of the Department of Professional Regulation Law
HB0236 Engrossed -607- LRB9100031DJcdA
1 (20 ILCS 2105/2105-75) Civil Administrative Code of Illinois
2 and other expenses related to the administration and
3 enforcement of this Act.
4 Moneys from the Fund may also be used for direct and
5 allocable indirect costs related to the public purposes of
6 the Department of Professional Regulation. Moneys in the
7 Fund may be transferred to the Professions Indirect Cost Fund
8 as authorized by Section 2105-300 61e of the Department of
9 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
10 Administrative Code of Illinois.
11 Moneys in the Design Professionals Administration and
12 Investigation Fund may be invested and reinvested, with all
13 earnings received from the investments to be deposited in the
14 Design Professionals Administration and Investigation Fund
15 and used for the same purposes as fees deposited in the Fund.
16 All fines and penalties under Sections 20 and 34 shall be
17 deposited in the Design Professionals Administration and
18 Investigation Fund.
19 Upon the completion of any audit of the Department, as
20 prescribed by the Illinois State Auditing Act, that includes
21 an audit of the Design Professionals Administration and
22 Investigation Fund, the Department shall make the audit open
23 to inspection by any interested person. The copy of the
24 audit report required to be submitted to the Department by
25 this Section is in addition to copies of audit reports
26 required to be submitted to other State officers and agencies
27 by Section 3-14 of the Illinois State Auditing Act.
28 (Source: P.A. 89-204, eff. 1-1-96.)
29 Section 5-410. The Collection Agency Act is amended by
30 changing Section 17 as follows:
31 (225 ILCS 425/17)
32 Sec. 17. Record of hearing. The Department, at its
HB0236 Engrossed -608- LRB9100031DJcdA
1 expense, shall preserve a record of all proceedings at the
2 formal hearing of any case. The notice of hearing,
3 complaint, and other documents in the nature of pleadings and
4 written motions filed in the proceedings, the transcript of
5 testimony, the report of the Board, and orders of the
6 Department shall be in the record of the proceedings. The
7 Department shall furnish a transcript of the record to any
8 person interested in the hearing upon payment of the fee
9 required under Section 2105-115 60f of the Department of
10 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
11 Administrative Code of Illinois.
12 (Source: P.A. 89-387, eff. 1-1-96.)
13 Section 5-415. The Detection of Deception Examiners Act
14 is amended by changing Section 18 as follows:
15 (225 ILCS 430/18) (from Ch. 111, par. 2419)
16 Sec. 18. Stenographer; transcript; Committee report. The
17 Department, at its expense, shall provide a stenographer to
18 take down the testimony and preserve a record of all
19 proceedings at the hearing of any case involving the refusal
20 to issue or the suspension or revocation of a license. The
21 notice of hearing, complaint and all other documents in the
22 nature of pleadings and written motions filed in the
23 proceedings, the transcript of testimony, the report of the
24 Committee and orders of the Department shall be the records
25 of the proceedings. The Department shall furnish a transcript
26 of the record to any person or persons interested in the
27 hearing upon the payment of the fee required under Section
28 2105-115 60f of the Department of Professional Regulation Law
29 (20 ILCS 2105/2105-115) Civil Administrative Code of Illinois
30 61e of the Department of
6 Professional Regulation Law (20 ILCS 2105/2105-300) Civil
7 Administrative Code of Illinois.
8 (Source: P.A. 89-204, eff. 1-1-96.)
9 Section 5-430. The Illinois Feeder Swine Dealer Licensing
10 Act is amended by changing Section 16 as follows:
11 (225 ILCS 620/16) (from Ch. 111, par. 216)
12 Sec. 16. Each licensee hereunder, except persons licensed
13 under the Livestock Auction Market Law as now or hereafter
14 amended, shall file with the Department a bond in the amount
15 of $5,000, with the licensee as principal and a surety
16 company authorized to do business in Illinois as surety,
17 conditioned on the performance by such licensee of all duties
18 required by law of a feeder swine dealer. Such bond shall
19 provide that it may not be cancelled without 30 days written
20 notice of termination to the Department prior to the
21 effective date of such termination.
22 Instead of filing a bond, a licensee may deliver to the
23 Department a trust fund agreement showing he has deposited
24 with a bank or trust company either $5,000 in cash or
25 securities endorsed in blank by the owner thereof and having
26 a fair market value of at least $5,000. The form of the
27 trust fund agreement shall be prescribed by the Department.
28 The trust fund agreement shall be subject to the same
29 conditions as would the bond described in this Section. A
30 licensee desiring to terminate a trust fund agreement shall
31 submit to the Director a written request to do so. The trust
32 fund agreement shall terminate within 30 days after the
HB0236 Engrossed -611- LRB9100031DJcdA
1 Director's receipt of the request unless the Director
2 notifies the licensee of his objection to the termination.
3 The Director shall object to the termination of the trust
4 fund agreement where the possibility exists that an
5 obligation covered by the agreement might go unsatisfied.
6 The Director of Agriculture as trustee of the bond or the
7 trust fund described in this Section shall have the
8 authorities granted him in Section 205-410 40.23 of the
9 Department of Agriculture Law (20 ILCS 205/205-410) Civil
10 Administrative Code of Illinois and the rules adopted
11 pursuant thereto.
12 (Source: P.A. 83-760.)
13 Section 5-435. The Illinois Livestock Dealer Licensing
14 Act is amended by changing Section 2 as follows:
15 (225 ILCS 645/2) (from Ch. 111, par. 402)
16 Sec. 2. Necessity of license. No person shall engage in
17 the business of a livestock dealer in this State without a
18 license therefor issued by the Department.
19 A "commission firm" may be exempt from this Act if: it is
20 registered under the "Slaughter Livestock Buyers Act" as a
21 "slaughter livestock broker"; it requires all purchasers of
22 livestock to pay for such livestock before the close of the
23 next business day; it is a commission firm on a public
24 stockyard (St. Louis National Stockyards and Peoria Union
25 Stockyards); it buys or sells slaughter livestock on
26 commission basis only; it does business only on a named
27 public stockyard; and it has a bond on file with the United
28 States Department of Agriculture, Packers and Stockyards,
29 Agricultural Marketing Service, or any successor agency, in
30 an amount and conditioned upon such terms as meets the
31 conditions of Sections 201.30 and 201.31 of regulations
32 issued under the "Packers and Stockyards Act, 1921", as
HB0236 Engrossed -612- LRB9100031DJcdA
1 amended. A duplicate original of such bond filed with the
2 Department will meet the bond requirements of this Act, and
3 such bond shall be the State bond. The Director shall be
4 named as trustee in such bond and the Department shall be
5 named to receive a 30-day notice of cancellation. The
6 Director as trustee of the bond shall have the authorities
7 granted him in Section 205-410 40.23 of the Department of
8 Agriculture Law (20 ILCS 205/205-410) Civil Administrative
9 Code and the rules adopted pursuant thereto.
10 (Source: P.A. 89-154, eff. 7-19-95.)
11 Section 5-440. The Slaughter Livestock Buyers Act is
12 amended by changing Section 4.1 as follows:
13 (225 ILCS 655/4.1) (from Ch. 111, par. 505)
14 Sec. 4.1. The Director shall be named as trustee on any
15 bond required of any person subject to the Packers and
16 Stockyards Act of 1921, as amended in 1976, if the home
17 office or headquarters of that person is located within this
18 State. The Director shall have the authorities granted him
19 in Section 205-410 40.23 of "the Department of Agriculture
20 Law (20 ILCS 205/205-410) Civil Administrative Code of
21 Illinois" and the rules adopted pursuant thereto.
22 (Source: P.A. 81-195.)
23 Section 5-443. The Coal Mining Act is amended by
24 changing Section 1.15 as follows:
25 (225 ILCS 705/1.15) (from Ch. 96 1/2, par. 265)
26 Sec. 1.15. "Mining Board" or "Board" means the State
27 Mining Board in the Department of Natural Resources, Office
28 of Mines and Minerals, created by Section 5-155 5.04 of the
29 Departments of State Government Law (20 ILCS 5/5-155) Civil
30 Administrative Code of Illinois.
HB0236 Engrossed -613- LRB9100031DJcdA
1 (Source: P.A. 89-445, eff. 2-7-96.)
2 Section 5-444. The Fluorspar and Underground Limestone
3 Mines Act is amended by changing Section 3 as follows:
4 (225 ILCS 710/3) (from Ch. 96 1/2, par. 4204)
5 Sec. 3. Office of Inspector of Mines. The Office of
6 Inspector of Mines as created by this Act shall be under the
7 jurisdiction of the Department of Natural Resources to the
8 same purport and effect as all other mining operations
9 provided for by law, unless otherwise provided. The
10 Inspector of Mines appointed hereunder shall keep an office
11 within and as a part of the office of the Director of the
12 Office of Mines and Minerals, and whose necessary employees
13 shall be employed and paid in the same manner as is provided
14 for the employment and pay of the necessary employees of the
15 State departments under the Civil Administrative Code of
16 Illinois, and as is provided in Section 5-645 20 of the
17 Departments of State Government Law (20 ILCS 5/5-645 Civil
18 Administrative Code of Illinois.
19 (Source: P.A. 89-445, eff. 2-7-96.)
20 Section 5-445. The Professional Geologist Licensing Act
21 is amended by changing Section 95 as follows:
22 (225 ILCS 745/95)
23 Sec. 95. Record of proceedings; transcript. The
24 Department, at its expense, shall preserve a record of all
25 proceedings at the formal hearing of any case. The notice of
26 hearing, complaint, all other documents in the nature of
27 pleadings, written motions filed in the proceedings, the
28 transcripts of testimony, the report of the Board, and orders
29 of the Department shall be in the record of the proceeding.
30 The Department shall furnish a transcript of such record to
HB0236 Engrossed -614- LRB9100031DJcdA
1 any person interested in such hearing upon payment of the fee
2 required under Section 2105-115 60f of the Department of
3 Professional Regulation Law (20 ILCS 2105/2105-115) Civil
4 Administrative Code of Illinois.
5 (Source: P.A. 89-366, eff. 7-1-96.)
6 Section 5-450. The Illinois Horse Racing Act of 1975 is
7 amended by changing Sections 9, 28, and 31 as follows:
8 (230 ILCS 5/9) (from Ch. 8, par. 37-9)
9 Sec. 9. The Board shall have all powers necessary and
10 proper to fully and effectively execute the provisions of
11 this Act, including, but not limited to, the following:
12 (a) The Board is vested with jurisdiction and
13 supervision over all race meetings in this State, over all
14 licensees doing business in this State, over all occupation
15 licensees, and over all persons on the facilities of any
16 licensee. Such jurisdiction shall include the power to issue
17 licenses to the Illinois Department of Agriculture
18 authorizing the pari-mutuel system of wagering on harness and
19 Quarter Horse races held (1) at the Illinois State Fair in
20 Sangamon County, and (2) at the DuQuoin State Fair in Perry
21 County. The jurisdiction of the Board shall also include the
22 power to issue licenses to county fairs which are eligible to
23 receive funds pursuant to the Agricultural Fair Act, as now
24 or hereafter amended, or their agents, authorizing the
25 pari-mutuel system of wagering on horse races conducted at
26 the county fairs receiving such licenses. Such licenses
27 shall be governed by subsection (n) of this Section.
28 Upon application, the Board shall issue a license to the
29 Illinois Department of Agriculture to conduct harness and
30 Quarter Horse races at the Illinois State Fair and at the
31 DuQuoin State Fairgrounds during the scheduled dates of each
32 fair. The Board shall not require and the Department of
HB0236 Engrossed -615- LRB9100031DJcdA
1 Agriculture shall be exempt from the requirements of Sections
2 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e),
3 (e-5), (e-10), (f), (g), and (h) of Section 20, and Sections
4 21, 24 and 25. The Board and the Department of Agriculture
5 may extend any or all of these exemptions to any contractor
6 or agent engaged by the Department of Agriculture to conduct
7 its race meetings when the Board determines that this would
8 best serve the public interest and the interest of horse
9 racing.
10 Notwithstanding any provision of law to the contrary, it
11 shall be lawful for any licensee to operate pari-mutuel
12 wagering or contract with the Department of Agriculture to
13 operate pari-mutuel wagering at the DuQuoin State Fairgrounds
14 or for the Department to enter into contracts with a
15 licensee, employ its owners, employees or agents and employ
16 such other occupation licensees as the Department deems
17 necessary in connection with race meetings and wagerings.
18 (b) The Board is vested with the full power to
19 promulgate reasonable rules and regulations for the purpose
20 of administering the provisions of this Act and to prescribe
21 reasonable rules, regulations and conditions under which all
22 horse race meetings or wagering in the State shall be
23 conducted. Such reasonable rules and regulations are to
24 provide for the prevention of practices detrimental to the
25 public interest and to promote the best interests of horse
26 racing and to impose penalties for violations thereof.
27 (c) The Board, and any person or persons to whom it
28 delegates this power, is vested with the power to enter the
29 facilities and other places of business of any licensee to
30 determine whether there has been compliance with the
31 provisions of this Act and its rules and regulations.
32 (d) The Board, and any person or persons to whom it
33 delegates this power, is vested with the authority to
34 investigate alleged violations of the provisions of this Act,
HB0236 Engrossed -616- LRB9100031DJcdA
1 its reasonable rules and regulations, orders and final
2 decisions; the Board shall take appropriate disciplinary
3 action against any licensee or occupation licensee for
4 violation thereof or institute appropriate legal action for
5 the enforcement thereof.
6 (e) The Board, and any person or persons to whom it
7 delegates this power, may eject or exclude from any race
8 meeting or the facilities of any licensee, or any part
9 thereof, any occupation licensee or any other individual
10 whose conduct or reputation is such that his presence on
11 those facilities may, in the opinion of the Board, call into
12 question the honesty and integrity of horse racing or
13 wagering or interfere with the orderly conduct of horse
14 racing or wagering; provided, however, that no person shall
15 be excluded or ejected from the facilities of any licensee
16 solely on the grounds of race, color, creed, national origin,
17 ancestry, or sex. The power to eject or exclude an
18 occupation licensee or other individual may be exercised for
19 just cause by the licensee or the Board, subject to
20 subsequent hearing by the Board as to the propriety of said
21 exclusion.
22 (f) The Board is vested with the power to acquire,
23 establish, maintain and operate (or provide by contract to
24 maintain and operate) testing laboratories and related
25 facilities, for the purpose of conducting saliva, blood,
26 urine and other tests on the horses run or to be run in any
27 horse race meeting and to purchase all equipment and supplies
28 deemed necessary or desirable in connection with any such
29 testing laboratories and related facilities and all such
30 tests.
31 (g) The Board may require that the records, including
32 financial or other statements of any licensee or any person
33 affiliated with the licensee who is involved directly or
34 indirectly in the activities of any licensee as regulated
HB0236 Engrossed -617- LRB9100031DJcdA
1 under this Act to the extent that those financial or other
2 statements relate to such activities be kept in such manner
3 as prescribed by the Board, and that Board employees shall
4 have access to those records during reasonable business
5 hours. Within 120 days of the end of its fiscal year, each
6 licensee shall transmit to the Board an audit of the
7 financial transactions and condition of the licensee's total
8 operations. All audits shall be conducted by certified
9 public accountants. Each certified public accountant must be
10 registered in the State of Illinois under the Illinois Public
11 Accounting Act. The compensation for each certified public
12 accountant shall be paid directly by the licensee to the
13 certified public accountant. A licensee shall also submit
14 any other financial or related information the Board deems
15 necessary to effectively administer this Act and all rules,
16 regulations, and final decisions promulgated under this Act.
17 (h) The Board shall name and appoint in the manner
18 provided by the rules and regulations of the Board: an
19 Executive Director; a State director of mutuels; State
20 veterinarians and representatives to take saliva, blood,
21 urine and other tests on horses; licensing personnel; revenue
22 inspectors; and State seasonal employees (excluding admission
23 ticket sellers and mutuel clerks). All of those named and
24 appointed as provided in this subsection shall serve during
25 the pleasure of the Board; their compensation shall be
26 determined by the Board and be paid in the same manner as
27 other employees of the Board under this Act.
28 (i) The Board shall require that there shall be 3
29 stewards at each horse race meeting, at least 2 of whom shall
30 be named and appointed by the Board. Stewards appointed or
31 approved by the Board, while performing duties required by
32 this Act or by the Board, shall be entitled to the same
33 rights and immunities as granted to Board members and Board
34 employees in Section 10 of this Act.
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1 (j) The Board may discharge any Board employee who fails
2 or refuses for any reason to comply with the rules and
3 regulations of the Board, or who, in the opinion of the
4 Board, is guilty of fraud, dishonesty or who is proven to be
5 incompetent. The Board shall have no right or power to
6 determine who shall be officers, directors or employees of
7 any licensee, or their salaries except the Board may, by
8 rule, require that all or any officials or employees in
9 charge of or whose duties relate to the actual running of
10 races be approved by the Board.
11 (k) The Board is vested with the power to appoint
12 delegates to execute any of the powers granted to it under
13 this Section for the purpose of administering this Act and
14 any rules or regulations promulgated in accordance with this
15 Act.
16 (l) The Board is vested with the power to impose civil
17 penalties of up to $5,000 against an individual and up to
18 $10,000 against a licensee for each violation of any
19 provision of this Act, any rules adopted by the Board, any
20 order of the Board or any other action which, in the Board's
21 discretion, is a detriment or impediment to horse racing or
22 wagering.
23 (m) The Board is vested with the power to prescribe a
24 form to be used by licensees as an application for employment
25 for employees of each licensee.
26 (n) The Board shall have the power to issue a license to
27 any county fair, or its agent, authorizing the conduct of the
28 pari-mutuel system of wagering. The Board is vested with the
29 full power to promulgate reasonable rules, regulations and
30 conditions under which all horse race meetings licensed
31 pursuant to this subsection shall be held and conducted,
32 including rules, regulations and conditions for the conduct
33 of the pari-mutuel system of wagering. The rules,
34 regulations and conditions shall provide for the prevention
HB0236 Engrossed -619- LRB9100031DJcdA
1 of practices detrimental to the public interest and for the
2 best interests of horse racing, and shall prescribe penalties
3 for violations thereof. Any authority granted the Board
4 under this Act shall extend to its jurisdiction and
5 supervision over county fairs, or their agents, licensed
6 pursuant to this subsection. However, the Board may waive
7 any provision of this Act or its rules or regulations which
8 would otherwise apply to such county fairs or their agents.
9 (o) Whenever the Board is authorized or required by law
10 to consider some aspect of criminal history record
11 information for the purpose of carrying out its statutory
12 powers and responsibilities, then, upon request and payment
13 of fees in conformance with the requirements of subsection 22
14 of Section 2605-400 55a of the Department of State Police Law
15 (20 ILCS 2605/2605-400) Civil Administrative Code of Illinois
16 6.01a of "the Departments
16 of State Government Law (20 ILCS 5/5-530) Civil
17 Administrative Code of Illinois", as amended;
18 (10) for the expenses of the Department of Commerce
19 and Community Affairs under Sections 605-620, 605-625,
20 and 605-630 of the Department of Commerce and Community
21 Affairs Law (20 ILCS 605/605-620, 605/605-625, and
22 605/605-630) 6.18a, 46.24, 46.25 and 46.26 of "the Civil
23 Administrative Code of Illinois", as amended;
24 (11) for remodeling, expanding, and reconstructing
25 facilities destroyed by fire of any Fair and Exposition
26 Authority in counties with a population of 1,000,000 or
27 more inhabitants;
28 (12) for the purpose of assisting in the care and
29 general rehabilitation of disabled veterans of any war
30 and their surviving spouses and orphans;
31 (13) for expenses of the Department of State Police
32 for duties performed under this Act;
33 (14) for the Department of Agriculture for soil
34 surveys and soil and water conservation purposes;
HB0236 Engrossed -623- LRB9100031DJcdA
1 (15) for the Department of Agriculture for grants
2 to the City of Chicago for conducting the Chicagofest.
3 (k) To the extent that monies paid by the Board to the
4 Agricultural Premium Fund are in the opinion of the Governor
5 in excess of the amount necessary for the purposes herein
6 stated, the Governor shall notify the Comptroller and the
7 State Treasurer of such fact, who, upon receipt of such
8 notification, shall transfer such excess monies from the
9 Agricultural Premium Fund to the General Revenue Fund.
10 (Source: P.A. 89-16, eff. 5-30-95.)
11 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
12 Sec. 31. (a) The General Assembly declares that it is
13 the policy of this State to encourage the breeding of
14 standardbred horses in this State and the ownership of such
15 horses by residents of this State in order to provide for:
16 sufficient numbers of high quality standardbred horses to
17 participate in harness racing meetings in this State, and to
18 establish and preserve the agricultural and commercial
19 benefits of such breeding and racing industries to the State
20 of Illinois. It is the intent of the General Assembly to
21 further this policy by the provisions of this Section of this
22 Act.
23 (b) Each organization licensee conducting a harness
24 racing meeting pursuant to this Act shall provide for at
25 least two races each race program limited to Illinois
26 conceived and foaled horses. A minimum of 6 races shall be
27 conducted each week limited to Illinois conceived and foaled
28 horses. No horses shall be permitted to start in such races
29 unless duly registered under the rules of the Department of
30 Agriculture.
31 (c) Conditions of races under subsection (b) shall be
32 commensurate with past performance, quality and class of
33 Illinois conceived and foaled horses available. If, however,
HB0236 Engrossed -624- LRB9100031DJcdA
1 sufficient competition cannot be had among horses of that
2 class on any day, the races may, with consent of the Board,
3 be eliminated for that day and substitute races provided.
4 (d) There is hereby created a special fund of the State
5 Treasury to be known as the Illinois Standardbred Breeders
6 Fund.
7 During the calendar year 1981, and each year thereafter,
8 except as provided in subsection (g) of Section 27 of this
9 Act, eight and one-half per cent of all the monies received
10 by the State as privilege taxes on harness racing meetings
11 shall be paid into the Illinois Standardbred Breeders Fund.
12 (e) The Illinois Standardbred Breeders Fund shall be
13 administered by the Department of Agriculture with the
14 assistance and advice of the Advisory Board created in
15 subsection (f) of this Section.
16 (f) The Illinois Standardbred Breeders Fund Advisory
17 Board is hereby created. The Advisory Board shall consist of
18 the Director of the Department of Agriculture, who shall
19 serve as Chairman; the Superintendent of the Illinois State
20 Fair; a member of the Illinois Racing Board, designated by
21 it; a representative of the Illinois Standardbred Owners and
22 Breeders Association, recommended by it; a representative of
23 the Illinois Association of Agricultural Fairs, recommended
24 by it, such representative to be from a fair at which
25 Illinois conceived and foaled racing is conducted; a
26 representative of the organization licensees conducting
27 harness racing meetings, recommended by them and a
28 representative of the Illinois Harness Horsemen's
29 Association, recommended by it. Advisory Board members shall
30 serve for 2 years commencing January 1, of each odd numbered
31 year. If representatives of the Illinois Standardbred Owners
32 and Breeders Associations, the Illinois Association of
33 Agricultural Fairs, the Illinois Harness Horsemen's
34 Association, and the organization licensees conducting
HB0236 Engrossed -625- LRB9100031DJcdA
1 harness racing meetings have not been recommended by January
2 1, of each odd numbered year, the Director of the Department
3 of Agriculture shall make an appointment for the organization
4 failing to so recommend a member of the Advisory Board.
5 Advisory Board members shall receive no compensation for
6 their services as members but shall be reimbursed for all
7 actual and necessary expenses and disbursements incurred in
8 the execution of their official duties.
9 (g) No monies shall be expended from the Illinois
10 Standardbred Breeders Fund except as appropriated by the
11 General Assembly. Monies appropriated from the Illinois
12 Standardbred Breeders Fund shall be expended by the
13 Department of Agriculture, with the assistance and advice of
14 the Illinois Standardbred Breeders Fund Advisory Board for
15 the following purposes only:
16 1. To provide purses for races limited to Illinois
17 conceived and foaled horses at the State Fair.
18 2. To provide purses for races limited to Illinois
19 conceived and foaled horses at county fairs.
20 3. To provide purse supplements for races limited
21 to Illinois conceived and foaled horses conducted by
22 associations conducting harness racing meetings.
23 4. No less than 75% of all monies in the Illinois
24 Standardbred Breeders Fund shall be expended for purses
25 in 1, 2 and 3 as shown above.
26 5. In the discretion of the Department of
27 Agriculture to provide awards to harness breeders of
28 Illinois conceived and foaled horses which win races
29 conducted by organization licensees conducting harness
30 racing meetings. A breeder is the owner of a mare at the
31 time of conception. No more than 10% of all monies
32 appropriated from the Illinois Standardbred Breeders Fund
33 shall be expended for such harness breeders awards. No
34 more than 25% of the amount expended for harness breeders
HB0236 Engrossed -626- LRB9100031DJcdA
1 awards shall be expended for expenses incurred in the
2 administration of such harness breeders awards.
3 6. To pay for the improvement of racing facilities
4 located at the State Fair and County fairs.
5 7. To pay the expenses incurred in the
6 administration of the Illinois Standardbred Breeders
7 Fund.
8 8. To promote the sport of harness racing.
9 (h) Whenever the Governor finds that the amount in the
10 Illinois Standardbred Breeders Fund is more than the total of
11 the outstanding appropriations from such fund, the Governor
12 shall notify the State Comptroller and the State Treasurer of
13 such fact. The Comptroller and the State Treasurer, upon
14 receipt of such notification, shall transfer such excess
15 amount from the Illinois Standardbred Breeders Fund to the
16 General Revenue Fund.
17 (i) A sum equal to 12 1/2% of the first prize money of
18 every purse won by an Illinois conceived and foaled horse
19 shall be paid by the organization licensee conducting the
20 horse race meeting to the breeder of such winning horse from
21 the organization licensee's share of the money wagered. Such
22 payment shall not reduce any award to the owner of the horse
23 or reduce the taxes payable under this Act. Such payment
24 shall be delivered by the organization licensee at the end of
25 each race meeting.
26 (j) The Department of Agriculture shall, by rule, with
27 the assistance and advice of the Illinois Standardbred
28 Breeders Fund Advisory Board:
29 1. Qualify stallions for Illinois Standardbred Breeders
30 Fund breeding; such stallion shall be owned by a resident of
31 the State of Illinois or by an Illinois corporation all of
32 whose shareholders, directors, officers and incorporators are
33 residents of the State of Illinois. Such stallion shall
34 stand for service at and within the State of Illinois at the
HB0236 Engrossed -627- LRB9100031DJcdA
1 time of a foal's conception, and such stallion must not stand
2 for service at any place, nor may semen from such stallion be
3 transported, outside the State of Illinois during that
4 calendar year in which the foal is conceived and that the
5 owner of the stallion was for the 12 months prior, a resident
6 of Illinois. The articles of agreement of any partnership,
7 joint venture, limited partnership, syndicate, association or
8 corporation and any bylaws and stock certificates must
9 contain a restriction that provides that the ownership or
10 transfer of interest by any one of the persons a party to the
11 agreement can only be made to a person who qualifies as an
12 Illinois resident.
13 2. Provide for the registration of Illinois conceived
14 and foaled horses and no such horse shall compete in the
15 races limited to Illinois conceived and foaled horses unless
16 registered with the Department of Agriculture. The
17 Department of Agriculture may prescribe such forms as may be
18 necessary to determine the eligibility of such horses. No
19 person shall knowingly prepare or cause preparation of an
20 application for registration of such foals containing false
21 information. A mare (dam) must be in the state at least 30
22 days prior to foaling or remain in the State at least 30 days
23 at the time of foaling. Beginning with the 1996 breeding
24 season and for foals of 1997 and thereafter, a foal conceived
25 by transported fresh semen may be eligible for Illinois
26 conceived and foaled registration provided all breeding and
27 foaling requirements are met. The stallion must be qualified
28 for Illinois Standardbred Breeders Fund breeding at the time
29 of conception and the mare must be inseminated within the
30 State of Illinois. The foal must be dropped in Illinois and
31 properly registered with the Department of Agriculture in
32 accordance with this Act.
33 3. Provide that at least a 5 day racing program shall be
34 conducted at the State Fair each year, which program shall
HB0236 Engrossed -628- LRB9100031DJcdA
1 include at least the following races limited to Illinois
2 conceived and foaled horses: (a) a two year old Trot and
3 Pace, and Filly Division of each; (b) a three year old Trot
4 and Pace, and Filly Division of each; (c) an aged Trot and
5 Pace, and Mare Division of each.
6 4. Provide for the payment of nominating, sustaining and
7 starting fees for races promoting the sport of harness racing
8 and for the races to be conducted at the State Fair as
9 provided in subsection (j) 3 of this Section provided that
10 the nominating, sustaining and starting payment required from
11 an entrant shall not exceed 2% of the purse of such race.
12 All nominating, sustaining and starting payments shall be
13 held for the benefit of entrants and shall be paid out as
14 part of the respective purses for such races. Nominating,
15 sustaining and starting fees shall be held in trust accounts
16 for the purposes as set forth in this Act and in accordance
17 with Section 205-15 40.7 of "the Department of Agriculture
18 Law (20 ILCS 205/205-15) Civil Administrative Code of
19 Illinois".
20 5. Provide for the registration with the Department of
21 Agriculture of Colt Associations or county fairs desiring to
22 sponsor races at county fairs.
23 (k) The Department of Agriculture, with the advice and
24 assistance of the Illinois Standardbred Breeders Fund
25 Advisory Board, may allocate monies for purse supplements for
26 such races. In determining whether to allocate money and the
27 amount, the Department of Agriculture shall consider factors,
28 including but not limited to, the amount of money
29 appropriated for the Illinois Standardbred Breeders Fund
30 program, the number of races that may occur, and an
31 organizational licensee's purse structure. The
32 organizational licensee shall notify the Department of
33 Agriculture of the conditions and minimum purses for races
34 limited to Illinois conceived and foaled horses to be
HB0236 Engrossed -629- LRB9100031DJcdA
1 conducted by each organizational licensee conducting a
2 harness racing meeting for which purse supplements have been
3 negotiated.
4 (l) All races held at county fairs and the State Fair
5 which receive funds from the Illinois Standardbred Breeders
6 Fund shall be conducted in accordance with the rules of the
7 United States Trotting Association unless otherwise modified
8 by the Department of Agriculture.
9 (m) At all standardbred race meetings held or conducted
10 under authority of a license granted by the Board, and at all
11 standardbred races held at county fairs which are approved by
12 the Department of Agriculture or at the Illinois or DuQuoin
13 State Fairs, no one shall jog, train, warm up or drive a
14 standardbred horse unless he or she is wearing a protective
15 safety helmet, with the chin strap fastened and in place,
16 which meets the standards and requirements as set forth in
17 the 1984 Standard for Protective Headgear for Use in Harness
18 Racing and Other Equestrian Sports published by the Snell
19 Memorial Foundation, or any standards and requirements for
20 headgear the Illinois Racing Board may approve. Any other
21 standards and requirements so approved by the Board shall
22 equal or exceed those published by the Snell Memorial
23 Foundation. Any equestrian helmet bearing the Snell label
24 shall be deemed to have met those standards and requirements.
25 (Source: P.A. 89-16, eff. 5-30-95.)
26 Section 5-455. The Riverboat Gambling Act is amended by
27 changing Sections 5 and 22 as follows:
28 (230 ILCS 10/5) (from Ch. 120, par. 2405)
29 Sec. 5. Gaming Board.
30 (a) (1) There is hereby established within the
31 Department of Revenue an Illinois Gaming Board which shall
32 have the powers and duties specified in this Act, and all
HB0236 Engrossed -630- LRB9100031DJcdA
1 other powers necessary and proper to fully and effectively
2 execute this Act for the purpose of administering,
3 regulating, and enforcing the system of riverboat gambling
4 established by this Act. Its jurisdiction shall extend under
5 this Act to every person, association, corporation,
6 partnership and trust involved in riverboat gambling
7 operations in the State of Illinois.
8 (2) The Board shall consist of 5 members to be appointed
9 by the Governor with the advice and consent of the Senate,
10 one of whom shall be designated by the Governor to be
11 chairman. Each member shall have a reasonable knowledge of
12 the practice, procedure and principles of gambling
13 operations. Each member shall either be a resident of
14 Illinois or shall certify that he will become a resident of
15 Illinois before taking office. At least one member shall be
16 experienced in law enforcement and criminal investigation, at
17 least one member shall be a certified public accountant
18 experienced in accounting and auditing, and at least one
19 member shall be a lawyer licensed to practice law in
20 Illinois.
21 (3) The terms of office of the Board members shall be 3
22 years, except that the terms of office of the initial Board
23 members appointed pursuant to this Act will commence from the
24 effective date of this Act and run as follows: one for a
25 term ending July 1, 1991, 2 for a term ending July 1, 1992,
26 and 2 for a term ending July 1, 1993. Upon the expiration of
27 the foregoing terms, the successors of such members shall
28 serve a term for 3 years and until their successors are
29 appointed and qualified for like terms. Vacancies in the
30 Board shall be filled for the unexpired term in like manner
31 as original appointments. Each member of the Board shall be
32 eligible for reappointment at the discretion of the Governor
33 with the advice and consent of the Senate.
34 (4) Each member of the Board shall receive $300 for each
HB0236 Engrossed -631- LRB9100031DJcdA
1 day the Board meets and for each day the member conducts any
2 hearing pursuant to this Act. Each member of the Board shall
3 also be reimbursed for all actual and necessary expenses and
4 disbursements incurred in the execution of official duties.
5 (5) No person shall be appointed a member of the Board
6 or continue to be a member of the Board who is, or whose
7 spouse, child or parent is, a member of the board of
8 directors of, or a person financially interested in, any
9 gambling operation subject to the jurisdiction of this Board,
10 or any race track, race meeting, racing association or the
11 operations thereof subject to the jurisdiction of the
12 Illinois Racing Board. No Board member shall hold any other
13 public office for which he shall receive compensation other
14 than necessary travel or other incidental expenses. No
15 person shall be a member of the Board who is not of good
16 moral character or who has been convicted of, or is under
17 indictment for, a felony under the laws of Illinois or any
18 other state, or the United States.
19 (6) Any member of the Board may be removed by the
20 Governor for neglect of duty, misfeasance, malfeasance, or
21 nonfeasance in office.
22 (7) Before entering upon the discharge of the duties of
23 his office, each member of the Board shall take an oath that
24 he will faithfully execute the duties of his office according
25 to the laws of the State and the rules and regulations
26 adopted therewith and shall give bond to the State of
27 Illinois, approved by the Governor, in the sum of $25,000.
28 Every such bond, when duly executed and approved, shall be
29 recorded in the office of the Secretary of State. Whenever
30 the Governor determines that the bond of any member of the
31 Board has become or is likely to become invalid or
32 insufficient, he shall require such member forthwith to renew
33 his bond, which is to be approved by the Governor. Any
34 member of the Board who fails to take oath and give bond
HB0236 Engrossed -632- LRB9100031DJcdA
1 within 30 days from the date of his appointment, or who fails
2 to renew his bond within 30 days after it is demanded by the
3 Governor, shall be guilty of neglect of duty and may be
4 removed by the Governor. The cost of any bond given by any
5 member of the Board under this Section shall be taken to be a
6 part of the necessary expenses of the Board.
7 (8) Upon the request of the Board, the Department shall
8 employ such personnel as may be necessary to carry out the
9 functions of the Board. No person shall be employed to serve
10 the Board who is, or whose spouse, parent or child is, an
11 official of, or has a financial interest in or financial
12 relation with, any operator engaged in gambling operations
13 within this State or any organization engaged in conducting
14 horse racing within this State. Any employee violating these
15 prohibitions shall be subject to termination of employment.
16 (9) An Administrator shall perform any and all duties
17 that the Board shall assign him. The salary of the
18 Administrator shall be determined by the Board and approved
19 by the Director of the Department and, in addition, he shall
20 be reimbursed for all actual and necessary expenses incurred
21 by him in discharge of his official duties. The
22 Administrator shall keep records of all proceedings of the
23 Board and shall preserve all records, books, documents and
24 other papers belonging to the Board or entrusted to its care.
25 The Administrator shall devote his full time to the duties of
26 the office and shall not hold any other office or employment.
27 (b) The Board shall have general responsibility for the
28 implementation of this Act. Its duties include, without
29 limitation, the following:
30 (1) To decide promptly and in reasonable order all
31 license applications. Any party aggrieved by an action of
32 the Board denying, suspending, revoking, restricting or
33 refusing to renew a license may request a hearing before
34 the Board. A request for a hearing must be made to the
HB0236 Engrossed -633- LRB9100031DJcdA
1 Board in writing within 5 days after service of notice of
2 the action of the Board. Notice of the action of the
3 Board shall be served either by personal delivery or by
4 certified mail, postage prepaid, to the aggrieved party.
5 Notice served by certified mail shall be deemed complete
6 on the business day following the date of such mailing.
7 The Board shall conduct all requested hearings promptly
8 and in reasonable order;
9 (2) To conduct all hearings pertaining to civil
10 violations of this Act or rules and regulations
11 promulgated hereunder;
12 (3) To promulgate such rules and regulations as in
13 its judgment may be necessary to protect or enhance the
14 credibility and integrity of gambling operations
15 authorized by this Act and the regulatory process
16 hereunder;
17 (4) To provide for the establishment and collection
18 of all license and registration fees and taxes imposed by
19 this Act and the rules and regulations issued pursuant
20 hereto. All such fees and taxes shall be deposited into
21 the State Gaming Fund;
22 (5) To provide for the levy and collection of
23 penalties and fines for the violation of provisions of
24 this Act and the rules and regulations promulgated
25 hereunder. All such fines and penalties shall be
26 deposited into the Education Assistance Fund, created by
27 Public Act 86-0018, of the State of Illinois;
28 (6) To be present through its inspectors and agents
29 any time gambling operations are conducted on any
30 riverboat for the purpose of certifying the revenue
31 thereof, receiving complaints from the public, and
32 conducting such other investigations into the conduct of
33 the gambling games and the maintenance of the equipment
34 as from time to time the Board may deem necessary and
HB0236 Engrossed -634- LRB9100031DJcdA
1 proper;
2 (7) To review and rule upon any complaint by a
3 licensee regarding any investigative procedures of the
4 State which are unnecessarily disruptive of gambling
5 operations. The need to inspect and investigate shall be
6 presumed at all times. The disruption of a licensee's
7 operations shall be proved by clear and convincing
8 evidence, and establish that: (A) the procedures had no
9 reasonable law enforcement purposes, and (B) the
10 procedures were so disruptive as to unreasonably inhibit
11 gambling operations;
12 (8) To hold at least one meeting each quarter of
13 the fiscal year. In addition, special meetings may be
14 called by the Chairman or any 2 Board members upon 72
15 hours written notice to each member. All Board meetings
16 shall be subject to the Open Meetings Act. Three members
17 of the Board shall constitute a quorum, and 3 votes shall
18 be required for any final determination by the Board.
19 The Board shall keep a complete and accurate record of
20 all its meetings. A majority of the members of the Board
21 shall constitute a quorum for the transaction of any
22 business, for the performance of any duty, or for the
23 exercise of any power which this Act requires the Board
24 members to transact, perform or exercise en banc, except
25 that, upon order of the Board, one of the Board members
26 or an administrative law judge designated by the Board
27 may conduct any hearing provided for under this Act or by
28 Board rule and may recommend findings and decisions to
29 the Board. The Board member or administrative law judge
30 conducting such hearing shall have all powers and rights
31 granted to the Board in this Act. The record made at the
32 time of the hearing shall be reviewed by the Board, or a
33 majority thereof, and the findings and decision of the
34 majority of the Board shall constitute the order of the
HB0236 Engrossed -635- LRB9100031DJcdA
1 Board in such case;
2 (9) To maintain records which are separate and
3 distinct from the records of any other State board or
4 commission. Such records shall be available for public
5 inspection and shall accurately reflect all Board
6 proceedings;
7 (10) To file a written annual report with the
8 Governor on or before March 1 each year and such
9 additional reports as the Governor may request. The
10 annual report shall include a statement of receipts and
11 disbursements by the Board, actions taken by the Board,
12 and any additional information and recommendations which
13 the Board may deem valuable or which the Governor may
14 request;
15 (11) To review the patterns of wagering and wins
16 and losses by persons on riverboat gambling operations
17 under this Act, and make recommendation to the Governor
18 and the General Assembly, by January 31, 1992, as to
19 whether limits on wagering losses should be imposed; and
20 (12) To assume responsibility for the
21 administration and enforcement of the Bingo License and
22 Tax Act, the Charitable Games Act, and the Pull Tabs and
23 Jar Games Act if such responsibility is delegated to it
24 by the Director of Revenue.
25 (c) The Board shall have jurisdiction over and shall
26 supervise all gambling operations governed by this Act. The
27 Board shall have all powers necessary and proper to fully and
28 effectively execute the provisions of this Act, including,
29 but not limited to, the following:
30 (1) To investigate applicants and determine the
31 eligibility of applicants for licenses and to select
32 among competing applicants the applicants which best
33 serve the interests of the citizens of Illinois.
34 (2) To have jurisdiction and supervision over all
HB0236 Engrossed -636- LRB9100031DJcdA
1 riverboat gambling operations in this State and all
2 persons on riverboats where gambling operations are
3 conducted.
4 (3) To promulgate rules and regulations for the
5 purpose of administering the provisions of this Act and
6 to prescribe rules, regulations and conditions under
7 which all riverboat gambling in the State shall be
8 conducted. Such rules and regulations are to provide for
9 the prevention of practices detrimental to the public
10 interest and for the best interests of riverboat
11 gambling, including rules and regulations regarding the
12 inspection of such riverboats and the review of any
13 permits or licenses necessary to operate a riverboat
14 under any laws or regulations applicable to riverboats,
15 and to impose penalties for violations thereof.
16 (4) To enter the office, riverboats, facilities, or
17 other places of business of a licensee, where evidence of
18 the compliance or noncompliance with the provisions of
19 this Act is likely to be found.
20 (5) To investigate alleged violations of this Act
21 or the rules of the Board and to take appropriate
22 disciplinary action against a licensee or a holder of an
23 occupational license for a violation, or institute
24 appropriate legal action for enforcement, or both.
25 (6) To adopt standards for the licensing of all
26 persons under this Act, as well as for electronic or
27 mechanical gambling games, and to establish fees for such
28 licenses.
29 (7) To adopt appropriate standards for all
30 riverboats and facilities.
31 (8) To require that the records, including
32 financial or other statements of any licensee under this
33 Act, shall be kept in such manner as prescribed by the
34 Board and that any such licensee involved in the
HB0236 Engrossed -637- LRB9100031DJcdA
1 ownership or management of gambling operations submit to
2 the Board an annual balance sheet and profit and loss
3 statement, list of the stockholders or other persons
4 having a 1% or greater beneficial interest in the
5 gambling activities of each licensee, and any other
6 information the Board deems necessary in order to
7 effectively administer this Act and all rules,
8 regulations, orders and final decisions promulgated under
9 this Act.
10 (9) To conduct hearings, issue subpoenas for the
11 attendance of witnesses and subpoenas duces tecum for the
12 production of books, records and other pertinent
13 documents in accordance with the Illinois Administrative
14 Procedure Act, and to administer oaths and affirmations
15 to the witnesses, when, in the judgment of the Board, it
16 is necessary to administer or enforce this Act or the
17 Board rules.
18 (10) To prescribe a form to be used by any licensee
19 involved in the ownership or management of gambling
20 operations as an application for employment for their
21 employees.
22 (11) To revoke or suspend licenses, as the Board
23 may see fit and in compliance with applicable laws of the
24 State regarding administrative procedures, and to review
25 applications for the renewal of licenses. The Board may
26 suspend an owners license, without notice or hearing upon
27 a determination that the safety or health of patrons or
28 employees is jeopardized by continuing a riverboat's
29 operation. The suspension may remain in effect until the
30 Board determines that the cause for suspension has been
31 abated. The Board may revoke the owners license upon a
32 determination that the owner has not made satisfactory
33 progress toward abating the hazard.
34 (12) To eject or exclude or authorize the ejection
HB0236 Engrossed -638- LRB9100031DJcdA
1 or exclusion of, any person from riverboat gambling
2 facilities where such person is in violation of this Act,
3 rules and regulations thereunder, or final orders of the
4 Board, or where such person's conduct or reputation is
5 such that his presence within the riverboat gambling
6 facilities may, in the opinion of the Board, call into
7 question the honesty and integrity of the gambling
8 operations or interfere with orderly conduct thereof;
9 provided that the propriety of such ejection or exclusion
10 is subject to subsequent hearing by the Board.
11 (13) To require all licensees of gambling
12 operations to utilize a cashless wagering system whereby
13 all players' money is converted to tokens, electronic
14 cards, or chips which shall be used only for wagering in
15 the gambling establishment.
16 (14) To authorize the routes of a riverboat and the
17 stops which a riverboat may make.
18 (15) To suspend, revoke or restrict licenses, to
19 require the removal of a licensee or an employee of a
20 licensee for a violation of this Act or a Board rule or
21 for engaging in a fraudulent practice, and to impose
22 civil penalties of up to $5,000 against individuals and
23 up to $10,000 or an amount equal to the daily gross
24 receipts, whichever is larger, against licensees for each
25 violation of any provision of the Act, any rules adopted
26 by the Board, any order of the Board or any other action
27 which, in the Board's discretion, is a detriment or
28 impediment to riverboat gambling operations.
29 (16) To hire employees to gather information,
30 conduct investigations and carry out any other tasks
31 contemplated under this Act.
32 (17) To establish minimum levels of insurance to be
33 maintained by licensees.
34 (18) To authorize a licensee to sell or serve
HB0236 Engrossed -639- LRB9100031DJcdA
1 alcoholic liquors, wine or beer as defined in the Liquor
2 Control Act of 1934 on board a riverboat and to have
3 exclusive authority to establish the hours for sale and
4 consumption of alcoholic liquor on board a riverboat,
5 notwithstanding any provision of the Liquor Control Act
6 of 1934 or any local ordinance. The establishment of the
7 hours for sale and consumption of alcoholic liquor on
8 board a riverboat is an exclusive power and function of
9 the State. A home rule unit may not establish the hours
10 for sale and consumption of alcoholic liquor on board a
11 riverboat. This amendatory Act of 1991 is a denial and
12 limitation of home rule powers and functions under
13 subsection (h) of Section 6 of Article VII of the
14 Illinois Constitution.
15 (19) After consultation with the U.S. Army Corps of
16 Engineers, to establish binding emergency orders upon the
17 concurrence of a majority of the members of the Board
18 regarding the navigability of rivers in the event of
19 extreme weather conditions, acts of God or other extreme
20 circumstances.
21 (20) To delegate the execution of any of its powers
22 under this Act for the purpose of administering and
23 enforcing this Act and its rules and regulations
24 hereunder.
25 (21) To take any other action as may be reasonable
26 or appropriate to enforce this Act and rules and
27 regulations hereunder.
28 (d) The Board may seek and shall receive the cooperation
29 of the Department of State Police in conducting background
30 investigations of applicants and in fulfilling its
31 responsibilities under this Section. Costs incurred by the
32 Department of State Police as a result of such cooperation
33 shall be paid by the Board in conformance with the
34 requirements of subsection 22 of Section 2605-400 55a of the
HB0236 Engrossed -640- LRB9100031DJcdA
1 Department of State Police Law (20 ILCS 2605/2605-400) Civil
2 Administrative Code of Illinois.
3 (Source: P.A. 86-1029; 86-1389; 87-826.)
4 (230 ILCS 10/22) (from Ch. 120, par. 2422)
5 Sec. 22. Criminal history record information. Whenever
6 the Board is authorized or required by law to consider some
7 aspect of criminal history record information for the purpose
8 of carrying out its statutory powers and responsibilities,
9 the Board shall, in the form and manner required by the
10 Department of State Police and the Federal Bureau of
11 Investigation, cause to be conducted a criminal history
12 record investigation to obtain any information currently or
13 thereafter contained in the files of the Department of State
14 Police or the Federal Bureau of Investigation. The
15 Department of State Police shall provide, on the Board's
16 request, information concerning any criminal charges, and
17 their disposition, currently or thereafter filed against an
18 applicant for or holder of an occupational license.
19 Information obtained as a result of an investigation under
20 this Section shall be used in determining eligibility for an
21 occupational license under Section 9. Upon request and
22 payment of fees in conformance with the requirements of
23 subsection 22 of Section 2605-400 55a of the Department of
24 State Police Law (20 ILCS 2605/2605-400) Civil Administrative
25 Code of Illinois, the Department of State Police is
26 authorized to furnish, pursuant to positive identification,
27 such information contained in State files as is necessary to
28 fulfill the request.
29 (Source: P.A. 88-368.)
30 Section 5-460. The Liquor Control Act of 1934 is amended
31 by changing Sections 6-15 and 10-1 as follows:
HB0236 Engrossed -641- LRB9100031DJcdA
1 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
2 Sec. 6-15. No alcoholic liquors shall be sold or
3 delivered in any building belonging to or under the control
4 of the State or any political subdivision thereof except as
5 provided in this Act. The corporate authorities of any city,
6 village, incorporated town or township may provide by
7 ordinance, however, that alcoholic liquor may be sold or
8 delivered in any specifically designated building belonging
9 to or under the control of the municipality or township, or
10 in any building located on land under the control of the
11 municipality; provided that such township complies with all
12 applicable local ordinances in any incorporated area of the
13 township. Alcoholic liquors may be delivered to and sold at
14 any airport belonging to or under the control of a
15 municipality of more than 25,000 inhabitants, or in any
16 building owned by a park district organized under the Park
17 District Code, subject to the approval of the governing board
18 of the district, or in any building or on any golf course
19 owned by a forest preserve district organized under the
20 Downstate Forest Preserve District Act, subject to the
21 approval of the governing board of the district, or in
22 Bicentennial Park, or on the premises of the City of Mendota
23 Lake Park located adjacent to Route 51 in Mendota, Illinois,
24 or on the premises of Camden Park in Milan, Illinois, or in
25 the community center owned by the City of Loves Park that is
26 located at 1000 River Park Drive in Loves Park, Illinois, or,
27 in connection with the operation of an established food
28 serving facility during times when food is dispensed for
29 consumption on the premises, and at the following aquarium
30 and museums located in public parks: Art Institute of
31 Chicago, Chicago Academy of Sciences, Chicago Historical
32 Society, Field Museum of Natural History, Museum of Science
33 and Industry, DuSable Museum of African American History,
34 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
HB0236 Engrossed -642- LRB9100031DJcdA
1 Museum of Arts and Sciences in Peoria, or in connection with
2 the operation of the facilities of the Chicago Zoological
3 Society or the Chicago Horticultural Society on land owned by
4 the Forest Preserve District of Cook County, or in any
5 building located on land owned by the Chicago Park District
6 if approved by the Park District Commissioners, or on any
7 land used for a golf course or for recreational purposes and
8 owned by the Illinois International Port District if approved
9 by the District's governing board, or at any airport, golf
10 course, faculty center, or facility in which conference and
11 convention type activities take place belonging to or under
12 control of any State university or public community college
13 district, provided that with respect to a facility for
14 conference and convention type activities alcoholic liquors
15 shall be limited to the use of the convention or conference
16 participants or participants in cultural, political or
17 educational activities held in such facilities, and provided
18 further that the faculty or staff of the State university or
19 a public community college district, or members of an
20 organization of students, alumni, faculty or staff of the
21 State university or a public community college district are
22 active participants in the conference or convention, or by a
23 catering establishment which has rented facilities from a
24 board of trustees of a public community college district, or,
25 if approved by the District board, on land owned by the
26 Metropolitan Sanitary District of Greater Chicago and leased
27 to others for a term of at least 20 years. Nothing in this
28 Section precludes the sale or delivery of alcoholic liquor in
29 the form of original packaged goods in premises located at
30 500 S. Racine in Chicago belonging to the University of
31 Illinois and used primarily as a grocery store by a
32 commercial tenant during the term of a lease that predates
33 the University's acquisition of the premises; but the
34 University shall have no power or authority to renew,
HB0236 Engrossed -643- LRB9100031DJcdA
1 transfer, or extend the lease with terms allowing the sale of
2 alcoholic liquor; and the sale of alcoholic liquor shall be
3 subject to all local laws and regulations. After the
4 acquisition by Winnebago County of the property located at
5 404 Elm Street in Rockford, a commercial tenant who sold
6 alcoholic liquor at retail on a portion of the property under
7 a valid license at the time of the acquisition may continue
8 to do so for so long as the tenant and the County may agree
9 under existing or future leases, subject to all local laws
10 and regulations regarding the sale of alcoholic liquor. Each
11 facility shall provide dram shop liability in maximum
12 insurance coverage limits so as to save harmless the State,
13 municipality, State university, airport, golf course, faculty
14 center, facility in which conference and convention type
15 activities take place, park district, Forest Preserve
16 District, public community college district, aquarium,
17 museum, or sanitary district from all financial loss, damage
18 or harm. Alcoholic liquors may be sold at retail in buildings
19 of golf courses owned by municipalities in connection with
20 the operation of an established food serving facility during
21 times when food is dispensed for consumption upon the
22 premises. Alcoholic liquors may be delivered to and sold at
23 retail in any building owned by a fire protection district
24 organized under the Fire Protection District Act, provided
25 that such delivery and sale is approved by the board of
26 trustees of the district, and provided further that such
27 delivery and sale is limited to fundraising events and to a
28 maximum of 6 events per year.
29 Alcoholic liquor may be delivered to and sold at retail
30 in the Dorchester Senior Business Center owned by the Village
31 of Dolton if the alcoholic liquor is sold or dispensed only
32 in connection with organized functions for which the planned
33 attendance is 20 or more persons, and if the person or
34 facility selling or dispensing the alcoholic liquor has
HB0236 Engrossed -644- LRB9100031DJcdA
1 provided dram shop liability insurance in maximum limits so
2 as to hold harmless the Village of Dolton and the State from
3 all financial loss, damage and harm.
4 Alcoholic liquors may be delivered to and sold at retail
5 in any building used as an Illinois State Armory provided:
6 (i) the Adjutant General's written consent to the
7 issuance of a license to sell alcoholic liquor in such
8 building is filed with the Commission;
9 (ii) the alcoholic liquor is sold or dispensed only
10 in connection with organized functions held on special
11 occasions;
12 (iii) the organized function is one for which the
13 planned attendance is 25 or more persons; and
14 (iv) the facility selling or dispensing the
15 alcoholic liquors has provided dram shop liability
16 insurance in maximum limits so as to save harmless the
17 facility and the State from all financial loss, damage or
18 harm.
19 Alcoholic liquors may be delivered to and sold at retail
20 in the Chicago Civic Center, provided that:
21 (i) the written consent of the Public Building
22 Commission which administers the Chicago Civic Center is
23 filed with the Commission;
24 (ii) the alcoholic liquor is sold or dispensed only
25 in connection with organized functions held on special
26 occasions;
27 (iii) the organized function is one for which the
28 planned attendance is 25 or more persons;
29 (iv) the facility selling or dispensing the
30 alcoholic liquors has provided dram shop liability
31 insurance in maximum limits so as to hold harmless the
32 Civic Center, the City of Chicago and the State from all
33 financial loss, damage or harm; and
34 (v) all applicable local ordinances are complied
HB0236 Engrossed -645- LRB9100031DJcdA
1 with.
2 Alcoholic liquors may be delivered or sold in any
3 building belonging to or under the control of any city,
4 village or incorporated town where more than 75% of the
5 physical properties of the building is used for commercial or
6 recreational purposes, and the building is located upon a
7 pier extending into or over the waters of a navigable lake or
8 stream or on the shore of a navigable lake or stream.
9 Alcoholic liquor may be sold in buildings under the control
10 of the Department of Natural Resources when written consent
11 to the issuance of a license to sell alcoholic liquor in such
12 buildings is filed with the Commission by the Department of
13 Natural Resources. Notwithstanding any other provision of
14 this Act, alcoholic liquor sold by a United States Army Corps
15 of Engineers or Department of Natural Resources
16 concessionaire who was operating on June 1, 1991 for
17 on-premises consumption only is not subject to the provisions
18 of Articles IV and IX. Beer and wine may be sold on the
19 premises of the Joliet Park District Stadium owned by the
20 Joliet Park District when written consent to the issuance of
21 a license to sell beer and wine in such premises is filed
22 with the local liquor commissioner by the Joliet Park
23 District. Beer and wine may be sold in buildings on the
24 grounds of State veterans' homes when written consent to the
25 issuance of a license to sell beer and wine in such buildings
26 is filed with the Commission by the Department of Veterans'
27 Affairs, and the facility shall provide dram shop liability
28 in maximum insurance coverage limits so as to save the
29 facility harmless from all financial loss, damage or harm.
30 Such liquors may be delivered to and sold at any property
31 owned or held under lease by a Metropolitan Pier and
32 Exposition Authority or Metropolitan Exposition and
33 Auditorium Authority.
34 Beer and wine may be sold and dispensed at professional
HB0236 Engrossed -646- LRB9100031DJcdA
1 sporting events and at professional concerts and other
2 entertainment events conducted on premises owned by the
3 Forest Preserve District of Kane County, subject to the
4 control of the District Commissioners and applicable local
5 law, provided that dram shop liability insurance is provided
6 at maximum coverage limits so as to hold the District
7 harmless from all financial loss, damage and harm.
8 Nothing in this Section shall preclude the sale or
9 delivery of beer and wine at a State or county fair or the
10 sale or delivery of beer or wine at a city fair in any
11 otherwise lawful manner.
12 Alcoholic liquors may be sold at retail in buildings in
13 State parks under the control of the Department of Natural
14 Resources, provided:
15 a. the State park has overnight lodging facilities
16 with some restaurant facilities or, not having overnight
17 lodging facilities, has restaurant facilities which serve
18 complete luncheon and dinner or supper meals,
19 b. consent to the issuance of a license to sell
20 alcoholic liquors in the buildings has been filed with
21 the commission by the Department of Natural Resources,
22 and
23 c. the alcoholic liquors are sold by the State park
24 lodge or restaurant concessionaire only during the hours
25 from 11 o'clock a.m. until 12 o'clock midnight.
26 Notwithstanding any other provision of this Act,
27 alcoholic liquor sold by the State park or restaurant
28 concessionaire is not subject to the provisions of
29 Articles IV and IX.
30 Alcoholic liquors may be sold at retail in buildings on
31 properties under the control of the Historic Preservation
32 Agency provided:
33 a. the property has overnight lodging facilities
34 with some restaurant facilities or, not having overnight
HB0236 Engrossed -647- LRB9100031DJcdA
1 lodging facilities, has restaurant facilities which serve
2 complete luncheon and dinner or supper meals,
3 b. consent to the issuance of a license to sell
4 alcoholic liquors in the buildings has been filed with
5 the commission by the Historic Preservation Agency, and
6 c. the alcoholic liquors are sold by the lodge or
7 restaurant concessionaire only during the hours from 11
8 o'clock a.m. until 12 o'clock midnight.
9 The sale of alcoholic liquors pursuant to this Section
10 does not authorize the establishment and operation of
11 facilities commonly called taverns, saloons, bars, cocktail
12 lounges, and the like except as a part of lodge and
13 restaurant facilities in State parks or golf courses owned by
14 Forest Preserve Districts with a population of less than
15 3,000,000 or municipalities or park districts.
16 Alcoholic liquors may be sold at retail in the
17 Springfield Administration Building of the Department of
18 Transportation and the Illinois State Armory in Springfield;
19 provided, that the controlling government authority may
20 consent to such sales only if
21 a. the request is from a not-for-profit
22 organization;
23 b. such sales would not impede normal operations of
24 the departments involved;
25 c. the not-for-profit organization provides dram
26 shop liability in maximum insurance coverage limits and
27 agrees to defend, save harmless and indemnify the State
28 of Illinois from all financial loss, damage or harm;
29 d. no such sale shall be made during normal working
30 hours of the State of Illinois; and
31 e. the consent is in writing.
32 Alcoholic liquors may be sold at retail in buildings in
33 recreational areas of river conservancy districts under the
34 control of, or leased from, the river conservancy districts.
HB0236 Engrossed -648- LRB9100031DJcdA
1 Such sales are subject to reasonable local regulations as
2 provided in Article IV; however, no such regulations may
3 prohibit or substantially impair the sale of alcoholic
4 liquors on Sundays or Holidays.
5 Alcoholic liquors may be provided in long term care
6 facilities owned or operated by a county under Division 5-21
7 or 5-22 of the Counties Code, when approved by the facility
8 operator and not in conflict with the regulations of the
9 Illinois Department of Public Health, to residents of the
10 facility who have had their consumption of the alcoholic
11 liquors provided approved in writing by a physician licensed
12 to practice medicine in all its branches.
13 Alcoholic liquors may be delivered to and dispensed in
14 State housing assigned to employees of the Department of
15 Corrections. No person shall furnish or allow to be furnished
16 any alcoholic liquors to any prisoner confined in any jail,
17 reformatory, prison or house of correction except upon a
18 physician's prescription for medicinal purposes.
19 Alcoholic liquors may be sold at retail or dispensed at
20 the Willard Ice Building in Springfield, at the State Library
21 in Springfield, and at Illinois State Museum facilities by
22 (1) an agency of the State, whether legislative, judicial or
23 executive, provided that such agency first obtains written
24 permission to sell or dispense alcoholic liquors from the
25 controlling government authority, or by (2) a not-for-profit
26 organization, provided that such organization:
27 a. Obtains written consent from the controlling
28 government authority;
29 b. Sells or dispenses the alcoholic liquors in a
30 manner that does not impair normal operations of State
31 offices located in the building;
32 c. Sells or dispenses alcoholic liquors only in
33 connection with an official activity in the building;
34 d. Provides, or its catering service provides, dram
HB0236 Engrossed -649- LRB9100031DJcdA
1 shop liability insurance in maximum coverage limits and
2 in which the carrier agrees to defend, save harmless and
3 indemnify the State of Illinois from all financial loss,
4 damage or harm arising out of the selling or dispensing
5 of alcoholic liquors.
6 Nothing in this Act shall prevent a not-for-profit
7 organization or agency of the State from employing the
8 services of a catering establishment for the selling or
9 dispensing of alcoholic liquors at authorized functions.
10 The controlling government authority for the Willard Ice
11 Building in Springfield shall be the Director of the
12 Department of Revenue. The controlling government authority
13 for Illinois State Museum facilities shall be the Director of
14 the Illinois State Museum. The controlling government
15 authority for the State Library in Springfield shall be the
16 Secretary of State.
17 Alcoholic liquors may be delivered to and sold at retail
18 or dispensed at any facility, property or building under the
19 jurisdiction of the Historic Preservation Agency where the
20 delivery, sale or dispensing is by (1) an agency of the
21 State, whether legislative, judicial or executive, provided
22 that such agency first obtains written permission to sell or
23 dispense alcoholic liquors from a controlling government
24 authority, or by (2) a not-for-profit organization provided
25 that such organization:
26 a. Obtains written consent from the controlling
27 government authority;
28 b. Sells or dispenses the alcoholic liquors in a
29 manner that does not impair normal workings of State
30 offices or operations located at the facility, property
31 or building;
32 c. Sells or dispenses alcoholic liquors only in
33 connection with an official activity of the
34 not-for-profit organization in the facility, property or
HB0236 Engrossed -650- LRB9100031DJcdA
1 building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 The controlling government authority for the Historic
9 Preservation Agency shall be the Director of the Historic
10 Preservation Agency.
11 Alcoholic liquors may be sold at retail or dispensed at
12 the James R. Thompson Center in Chicago and 222 South College
13 Street in Springfield, Illinois by (1) a commercial tenant or
14 subtenant conducting business on the premises under a lease
15 made pursuant to Section 405-315 67.24 of the Department of
16 Central Management Services Law (20 ILCS 405/405-315) Civil
17 Administrative Code of Illinois, provided that such tenant or
18 subtenant who sells or dispenses alcoholic liquors shall
19 procure and maintain dram shop liability insurance in maximum
20 coverage limits and in which the carrier agrees to defend,
21 indemnify and save harmless the State of Illinois from all
22 financial loss, damage or harm arising out of the sale or
23 dispensing of alcoholic liquors, or by (2) an agency of the
24 State, whether legislative, judicial or executive, provided
25 that such agency first obtains written permission to sell or
26 dispense alcoholic liquors from the Director of Central
27 Management Services, or by (3) a not-for-profit organization,
28 provided that such organization:
29 a. Obtains written consent from the Department of
30 Central Management Services;
31 b. Sells or dispenses the alcoholic liquors in a
32 manner that does not impair normal operations of State
33 offices located in the building;
34 c. Sells or dispenses alcoholic liquors only in
HB0236 Engrossed -651- LRB9100031DJcdA
1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at functions authorized by
12 the Director of Central Management Services.
13 Alcoholic liquors may be sold or delivered at any
14 facility owned by the Illinois Sports Facilities Authority
15 provided that dram shop liability insurance has been made
16 available in a form, with such coverage and in such amounts
17 as the Authority reasonably determines is necessary.
18 Alcoholic liquors may be sold at retail or dispensed at
19 the Rockford State Office Building by (1) an agency of the
20 State, whether legislative, judicial or executive, provided
21 that such agency first obtains written permission to sell or
22 dispense alcoholic liquors from the Department of Central
23 Management Services, or by (2) a not-for-profit organization,
24 provided that such organization:
25 a. Obtains written consent from the Department of
26 Central Management Services;
27 b. Sells or dispenses the alcoholic liquors in a
28 manner that does not impair normal operations of State
29 offices located in the building;
30 c. Sells or dispenses alcoholic liquors only in
31 connection with an official activity in the building;
32 d. Provides, or its catering service provides, dram
33 shop liability insurance in maximum coverage limits and
34 in which the carrier agrees to defend, save harmless and
HB0236 Engrossed -652- LRB9100031DJcdA
1 indemnify the State of Illinois from all financial loss,
2 damage or harm arising out of the selling or dispensing
3 of alcoholic liquors.
4 Nothing in this Act shall prevent a not-for-profit
5 organization or agency of the State from employing the
6 services of a catering establishment for the selling or
7 dispensing of alcoholic liquors at functions authorized by
8 the Department of Central Management Services.
9 Alcoholic liquors may be sold or delivered in a building
10 that is owned by McLean County, situated on land owned by the
11 county in the City of Bloomington, and used by the McLean
12 County Historical Society if the sale or delivery is approved
13 by an ordinance adopted by the county board, and the
14 municipality in which the building is located may not
15 prohibit that sale or delivery, notwithstanding any other
16 provision of this Section. The regulation of the sale and
17 delivery of alcoholic liquor in a building that is owned by
18 McLean County, situated on land owned by the county, and used
19 by the McLean County Historical Society as provided in this
20 paragraph is an exclusive power and function of the State and
21 is a denial and limitation under Article VII, Section 6,
22 subsection (h) of the Illinois Constitution of the power of a
23 home rule municipality to regulate that sale and delivery.
24 Alcoholic liquors may be sold or delivered in any
25 building situated on land held in trust for any school
26 district organized under Article 34 of the School Code, if
27 the building is not used for school purposes and if the sale
28 or delivery is approved by the board of education.
29 Alcoholic liquors may be sold or delivered in buildings
30 owned by the Community Building Complex Committee of Boone
31 County, Illinois if the person or facility selling or
32 dispensing the alcoholic liquor has provided dram shop
33 liability insurance with coverage and in amounts that the
34 Committee reasonably determines are necessary.
HB0236 Engrossed -653- LRB9100031DJcdA
1 Alcoholic liquors may be sold or delivered in the
2 building located at 1200 Centerville Avenue in Belleville,
3 Illinois and occupied by either the Belleville Area Special
4 Education District or the Belleville Area Special Services
5 Cooperative.
6 (Source: P.A. 89-34, eff. 6-23-95; 89-262, eff. 8-10-95;
7 89-376, eff. 8-18-95; 89-445, eff. 2-7-96; 89-502, eff.
8 6-28-96; 89-544, eff. 7-19-96; 89-626, eff. 8-9-96; 90-14,
9 eff. 7-1-97.)
10 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
11 Sec. 10-1. Violations; penalties. Whereas a substantial
12 threat to the sound and careful control, regulation, and
13 taxation of the manufacture, sale, and distribution of
14 alcoholic liquors exists by virtue of individuals who
15 manufacture, import, distribute, or sell alcoholic liquors
16 within the State without having first obtained a valid
17 license to do so, and whereas such threat is especially
18 serious along the borders of this State, and whereas such
19 threat requires immediate correction by this Act, by active
20 investigation and prosecution by law enforcement officials
21 and prosecutors, and by prompt and strict enforcement through
22 the courts of this State to punish violators and to deter
23 such conduct in the future:
24 (a) Any person who manufactures, imports for
25 distribution or use, or distributes or sells alcoholic liquor
26 at any place within the State without having first obtained a
27 valid license to do so under the provisions of this Act shall
28 be guilty of a business offense and fined not more than
29 $1,000 for the first such offense and shall be guilty of a
30 Class 4 felony for each subsequent offense.
31 (b) (1) Any retailer, licensed in this State, who
32 knowingly causes to furnish, give, sell, or otherwise being
33 within the State, any alcoholic liquor destined to be used,
HB0236 Engrossed -654- LRB9100031DJcdA
1 distributed, consumed or sold in another state, unless such
2 alcoholic liquor was received in this State by a duly
3 licensed distributor, or importing distributors shall have
4 his license suspended for 7 days for the first offense and
5 for the second offense, shall have his license revoked by the
6 Commission.
7 (2) In the event the Commission receives a certified
8 copy of a final order from a foreign jurisdiction that an
9 Illinois retail licensee has been found to have violated that
10 foreign jurisdiction's laws, rules, or regulations concerning
11 the importation of alcoholic liquor into that foreign
12 jurisdiction, the violation may be grounds for the Commission
13 to revoke, suspend, or refuse to issue or renew a license, to
14 impose a fine, or to take any additional action provided by
15 this Act with respect to the Illinois retail license or
16 licensee. Any such action on the part of the Commission
17 shall be in accordance with this Act and implementing rules.
18 For the purposes of paragraph (2): (i) "foreign
19 jurisdiction" means a state, territory, or possession of the
20 United States, the District of Columbia, or the Commonwealth
21 of Puerto Rico, and (ii) "final order" means an order or
22 judgment of a court or administrative body that determines
23 the rights of the parties respecting the subject matter of
24 the proceeding, that remains in full force and effect, and
25 from which no appeal can be taken.
26 (c) Any person who shall make any false statement or
27 otherwise violates any of the provisions of this Act in
28 obtaining any license hereunder, or who having obtained a
29 license hereunder shall violate any of the provisions of this
30 Act with respect to the manufacture, possession, distribution
31 or sale of alcoholic liquor, or with respect to the
32 maintenance of the licensed premises, or shall violate any
33 other provision of this Act, shall for a first offense be
34 guilty of a petty offense and fined not more than $500, and
HB0236 Engrossed -655- LRB9100031DJcdA
1 for a second or subsequent offense shall be guilty of a Class
2 B misdemeanor.
3 (d) Each day any person engages in business as a
4 manufacturer, foreign importer, importing distributor,
5 distributor or retailer in violation of the provisions of
6 this Act shall constitute a separate offense.
7 (e) Any person, under the age of 21 years who, for the
8 purpose of buying, accepting or receiving alcoholic liquor
9 from a licensee, represents that he is 21 years of age or
10 over shall be guilty of a Class A misdemeanor.
11 (f) In addition to the penalties herein provided, any
12 person licensed as a wine-maker in either class who
13 manufactures more wine than authorized by his license shall
14 be guilty of a business offense and shall be fined $1 for
15 each gallon so manufactured.
16 (g) A person shall be exempt from prosecution for a
17 violation of this Act if he is a peace officer in the
18 enforcement of the criminal laws and such activity is
19 approved in writing by one of the following:
20 (1) In all counties, the respective State's
21 Attorney;
22 (2) The Director of State Police under Section
23 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
24 2605-115, 2605-120, 2605-130, 2605-140, 2605-190,
25 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
26 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
27 2605-335, 2605-340, 2605-350, 2605-355, 2605-360,
28 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
29 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or
30 2605-550 of the Department of State Police Law (20 ILCS
31 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,
32 2605/2605-105, 2605/2605-110, 2605/2605-115,
33 2605/2605-120, 2605/2605-130, 2605/2605-140,
34 2605/2605-190, 2605/2605-200, 2605/2605-205,
HB0236 Engrossed -656- LRB9100031DJcdA
1 2605/2605-210, 2605/2605-215, 2605/2605-250,
2 2605/2605-275, 2605/2605-300, 2605/2605-305,
3 2605/2605-315, 2605/2605-325, 2605/2605-335,
4 2605/2605-340, 2605/2605-350, 2605/2605-355,
5 2605/2605-360, 2605/2605-365, 2605/2605-375,
6 2605/2605-390, 2605/2605-400, 2605/2605-405,
7 2605/2605-420, 2605/2605-430, 2605/2605-435,
8 2605/2605-500, 2605/2605-525, or 2605/2605-550) Section
9 55a of The Civil Administrative Code of Illinois; or
10 (3) In cities over 1,000,000, the Superintendent of
11 Police.
12 (Source: P.A. 90-739, eff. 8-13-98.)
13 Section 5-465. The Personal Property Storage Act is
14 amended by changing Section 6 as follows:
15 (240 ILCS 10/6) (from Ch. 111 2/3, par. 124)
16 Sec. 6. Bond or legal liability insurance policy. Prior
17 to the issuance of a license, the personal property
18 warehouseman shall file with the Department a surety bond, or
19 legal liability insurance policy on a form prescribed by the
20 Department, signed by the warehouseman as principal and by a
21 responsible company authorized to execute surety bonds within
22 the State of Illinois. The bond shall contain provisions for
23 faithful performance by the applicant of his duties as a
24 warehouseman in accordance with this Act, the rules and
25 regulations thereof, and the "Uniform Commercial Code", as
26 now or hereafter amended. Such bond shall also contain
27 provisions for the payment of any loss or damage sustained by
28 any depositor of property stored.
29 The amount of such bond is determined upon the following
30 basis:
31 For less than 20,000 net square feet of floor space or
32 for less than 50,000 net cubic feet of volume devoted to the
HB0236 Engrossed -657- LRB9100031DJcdA
1 storage of personal property, $5,000;
2 For 20,000 and less than 50,000 net square feet of floor
3 space or for 50,000 and less than 100,000 net cubic feet of
4 volume devoted to the storage of personal property, $10,000;
5 For 50,000 and less than 100,000 net square feet of floor
6 space or for 100,000 and less than 200,000 net cubic feet of
7 volume devoted to the storage of personal property, $15,000;
8 For 100,000 and less than 200,000 net square feet of
9 floor space or for 200,000 and less than 300,000 net cubic
10 feet of volume devoted to the storage of personal property,
11 $20,000;
12 For 200,000 and less than 300,000 net square feet of
13 floor space or for 300,000 and less than 400,000 net cubic
14 feet of volume devoted to the storage of personal property,
15 $25,000; and
16 For 300,000 or more net square feet of floor space or for
17 400,000 or more net cubic feet of volume devoted to the
18 storage of personal property, $25,000 plus an additional
19 $5,000 for each additional 100,000 net square feet, or net
20 cubic feet of volume, or fraction thereof.
21 Such bond is to be made payable to the People of the
22 State of Illinois, for the use and benefit of all persons
23 aggrieved by the failure of the operator to comply with this
24 Act, and shall not be cancelled during the period for which
25 any license is issued, except upon at least 90 days' notice,
26 in writing, to the Department.
27 If bond other than a surety bond is filed, it must be
28 secured by real estate having a value of not less than double
29 the amount of such bond over and above all exemptions and
30 liens thereon. Such bond shall be recorded and be a lien on
31 the real estate for the amount thereof, and the recording
32 fees paid by the applicant or operator.
33 Any operator may, in lieu of a bond, file with the
34 Department a certified copy of a legal liability insurance
HB0236 Engrossed -658- LRB9100031DJcdA
1 policy or a certificate of deposit. The principal amount of
2 the legal liability insurance policy and the certificate of
3 deposit shall be the same as that required for a surety bond
4 under this Act. Any certificate of deposit filed with the
5 Department, in lieu of a surety bond, shall be payable to the
6 Director of the Department as Trustee and the interest
7 thereon shall be made payable to the purchaser thereof.
8 The legal liability insurance policy shall contain a loss
9 payable endorsement making such policy payable to the People
10 of the State of Illinois, with the Director of the Department
11 as Trustee. The legal liability insurance policy shall not
12 be cancelled during the period for which any license is
13 issued, except upon at least 90 days' notice in writing to
14 the Department. When in the discretion of the Department, the
15 legal liability insurance policy or the assets of a
16 warehouseman appear to be insufficient, when compared to his
17 storage obligations or to meet the bond requirements of the
18 United States, or any agency or corporation controlled by the
19 United States when they have a contract for storage with the
20 warehouseman, or for any other reason it may appear necessary
21 to the Department, the Department may require such additional
22 bond or legal liability insurance policy as may be reasonable
23 in the circumstances.
24 The Director of Agriculture as trustee of the bond or
25 policy shall have the authorities granted him in Section
26 205-410 40.23 of the Department of Agriculture Law (20 ILCS
27 205/205-410) Civil Administrative Code of Illinois and the
28 rules and regulations adopted pursuant thereto.
29 Failure to keep such bond or insurance policy in effect
30 is cause for the revocation of any license.
31 (Source: P.A. 83-1065.)
32 Section 5-470. The Grain Code is amended by changing
33 Sections 1-10, 1-15, and 20-25 as follows:
HB0236 Engrossed -659- LRB9100031DJcdA
1 (240 ILCS 40/1-10)
2 Sec. 1-10. Definitions. As used in this Act:
3 "Board" means the governing body of the Illinois Grain
4 Insurance Corporation.
5 "Certificate" means a document, other than the license,
6 issued by the Department that certifies that a grain dealer's
7 license has been issued and is in effect.
8 "Claimant" means:
9 (a) a person, including, without limitation, a lender:
10 (1) who possesses warehouse receipts issued from an
11 Illinois location covering grain owned or stored by a
12 failed warehouseman; or
13 (2) who has other written evidence of a storage
14 obligation of a failed warehouseman issued from an
15 Illinois location in favor of the holder, including, but
16 not limited to, scale tickets, settlement sheets, and
17 ledger cards; or
18 (3) who has loaned money to a warehouseman and was
19 to receive a warehouse receipt issued from an Illinois
20 location as security for that loan, who surrendered
21 warehouse receipts as part of a grain sale at an Illinois
22 location, or who delivered grain out of storage with the
23 warehouseman as part of a grain sale at an Illinois
24 location; and
25 (i) the grain dealer or warehouseman failed
26 within 21 days after the loan of money, the
27 surrender of warehouse receipts, or the delivery of
28 grain, as the case may be, and no warehouse receipt
29 was issued or payment in full was not made on the
30 grain sale, as the case may be; or
31 (ii) written notice was given by the person to
32 the Department within 21 days after the loan of
33 money, the surrender of warehouse receipts, or the
34 delivery of grain, as the case may be, stating that
HB0236 Engrossed -660- LRB9100031DJcdA
1 no warehouse receipt was issued or payment in full
2 made on the grain sale, as the case may be; or
3 (b) a producer not included in item (a)(3) in the
4 definition of "Claimant" who possesses evidence of the sale
5 at an Illinois location of grain delivered to a failed grain
6 dealer and who was not paid in full.
7 "Class I warehouseman" means a warehouseman who is
8 authorized to issue negotiable and non-negotiable warehouse
9 receipts.
10 "Class II warehouseman" means a warehouseman who is
11 authorized to issue only non-negotiable warehouse receipts.
12 "Code" means the Grain Code.
13 "Collateral" means:
14 (a) irrevocable letters of credit;
15 (b) certificates of deposit;
16 (c) cash or a cash equivalent; or
17 (d) any other property acceptable to the Department to
18 the extent there exists equity in that property. For the
19 purposes of this item (d), "equity" is the amount by which
20 the fair market value of the property exceeds the amount owed
21 to a creditor who has a valid, prior, perfected security
22 interest in or other lien on the property.
23 "Corporation" means the Illinois Grain Insurance
24 Corporation.
25 "Daily position record" means a grain inventory
26 accountability record maintained on a daily basis that
27 includes an accurate reflection of changes in grain
28 inventory, storage obligations, company-owned inventory by
29 commodity, and other information that is required by the
30 Department.
31 "Daily grain transaction report" means a record of the
32 daily transactions of a grain dealer showing the amount of
33 all grain received and shipped during each day and the amount
34 on hand at the end of each day.
HB0236 Engrossed -661- LRB9100031DJcdA
1 "Date of delivery of grain" means:
2 (a) the date grain is delivered to a grain dealer for
3 the purpose of sale;
4 (b) the date grain is delivered to a warehouseman for
5 the purpose of storage; or
6 (c) in reference to grain in storage with a
7 warehouseman, the date a warehouse receipt representing
8 stored grain is delivered to the issuer of the warehouse
9 receipt for the purpose of selling the stored grain or, if no
10 warehouse receipt was issued:
11 (1) the date the purchase price for stored grain is
12 established; or
13 (2) if sold by price later contract, the date of
14 the price later contract.
15 "Department" means the Illinois Department of
16 Agriculture.
17 "Depositor" means a person who has evidence of a storage
18 obligation from a warehouseman.
19 "Director", unless otherwise provided, means the Illinois
20 Director of Agriculture, or the Director's designee.
21 "Emergency storage" means space measured in bushels and
22 used for a period of time not to exceed 3 months for storage
23 of grain as a consequence of an emergency situation.
24 "Equity assets" means:
25 (a) The equity in any property of the licensee or failed
26 licensee, other than grain assets. For purposes of this item
27 (a):
28 (1) "equity" is the amount by which the fair market
29 value of the property exceeds the amount owed to a
30 creditor who has a valid security interest in or other
31 lien on the property that was perfected before the date
32 of failure of the licensee;
33 (2) a creditor is not deemed to have a valid
34 security interest or other lien on property if (i) the
HB0236 Engrossed -662- LRB9100031DJcdA
1 property can be directly traced as being from the sale of
2 grain by the licensee or failed licensee; (ii) the
3 security interest was taken as additional collateral on
4 account of an antecedent debt owed to the creditor; and
5 (iii) the security interest or other lien was perfected
6 (A) on or within 90 days before the date of failure of
7 the licensee or (B) when the creditor is a related
8 person, within one year of the date of failure of the
9 licensee.
10 "Failure" means, in reference to a licensee:
11 (a) a formal declaration of insolvency;
12 (b) a revocation of a license;
13 (c) a failure to apply for license renewal, leaving
14 indebtedness to claimants;
15 (d) a denial of license renewal, leaving indebtedness to
16 claimants; or
17 (e) a voluntary surrender of a license, leaving
18 indebtedness to claimants.
19 "Federal warehouseman" means a warehouseman licensed by
20 the United States government under the United States
21 Warehouse Act (7 U.S.C. 241 et seq.).
22 "Fund" means the Illinois Grain Insurance Fund.
23 "Grain" means corn, soybeans, wheat, oats, rye, barley,
24 grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
25 and other like agricultural commodities designated by rule.
26 "Grain assets" means:
27 (a) all grain owned and all grain stored by a licensee
28 or failed licensee, wherever located;
29 (b) redeposited grain of a licensee or failed licensee;
30 (c) identifiable proceeds including, but not limited to,
31 insurance proceeds received by or due to a licensee or failed
32 licensee resulting from the sale, exchange, destruction,
33 loss, theft, or other disposition of grain by the licensee or
34 failed licensee; or
HB0236 Engrossed -663- LRB9100031DJcdA
1 (d) assets in hedging or speculative margin accounts
2 held by commodity or security exchanges on behalf of a
3 licensee or failed licensee and any moneys due or to become
4 due to a licensee or failed licensee, less any secured
5 financing directly associated with those assets or moneys,
6 from any transactions on those exchanges.
7 For purposes of this Act, storage charges, drying
8 charges, price later contract service charges, and other
9 grain service charges received by or due to a licensee or
10 failed licensee shall not be deemed to be grain assets, nor
11 shall such charges be deemed to be proceeds from the sale or
12 other disposition of grain by a licensee or a failed
13 licensee, or to have been directly or indirectly traceable
14 from, to have resulted from, or to have been derived in whole
15 or in part from, or otherwise related to, the sale or other
16 disposition of grain by the licensee or failed licensee.
17 "Grain dealer" means a person who is licensed by the
18 Department to engage in the business of buying grain from
19 producers.
20 "Grain Indemnity Trust Account" means a trust account
21 established by the Director under Section 205-410 40.23 of
22 the Department of Agriculture Law (20 ILCS 205/205-410) Civil
23 Administrative Code of Illinois that is used for the receipt
24 and disbursement of moneys paid from the Fund and proceeds
25 from the liquidation of and collection upon grain assets,
26 equity assets, collateral, or guarantees of or relating to
27 failed licensees. The Grain Indemnity Trust Account shall be
28 used to pay valid claims, authorized refunds from the Fund,
29 and expenses incurred in preserving, liquidating, and
30 collecting upon grain assets, equity assets, collateral, and
31 guarantees relating to failed licensees.
32 "Guarantor" means a person who assumes all or part of the
33 obligations of a licensee to claimants.
34 "Guarantee" means a document executed by a guarantor by
HB0236 Engrossed -664- LRB9100031DJcdA
1 which the guarantor assumes all or part of the obligations of
2 a licensee to claimants.
3 "Incidental grain dealer" means a grain dealer who
4 purchases grain only in connection with a feed milling
5 operation and whose total purchases of grain from producers
6 during the grain dealer's fiscal year do not exceed $100,000.
7 "Licensed storage capacity" means the maximum grain
8 storage capacity measured in bushels approved by the
9 applicable licensing agency for use by a warehouseman.
10 "Licensee" means a grain dealer or warehouseman who is
11 licensed by the Department and a federal warehouseman that is
12 a participant in the Fund, under subsection (c) of Section
13 30-10.
14 "Official grain standards" means the official grade
15 designations as adopted by the United States Department of
16 Agriculture under the United States Grain Standards Act and
17 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
18 CFR 810.201 et seq.).
19 "Permanent storage capacity" means the capacity of
20 permanent structures available for storage of grain on a
21 regular and continuous basis and measured in bushels.
22 "Person" means any individual or entity, including, but
23 not limited to, a sole proprietorship, a partnership, a
24 corporation, a cooperative, an association, a limited
25 liability company, an estate, or a trust.
26 "Price later contract" means a written contract for the
27 sale of grain whereby any part of the purchase price may be
28 established by the seller after delivery of the grain to a
29 grain dealer according to a pricing formula contained in the
30 contract. Title to the grain passes to the grain dealer at
31 the time of delivery. The precise form and the general terms
32 and conditions of the contract shall be established by rule.
33 "Producer" means the owner, tenant, or operator of land
34 who has an interest in and receives all or part of the
HB0236 Engrossed -665- LRB9100031DJcdA
1 proceeds from the sale of the grain produced on the land.
2 "Producer protection holding corporation" means a holding
3 corporation to receive, hold title to, and liquidate assets
4 of or relating to a failed licensee, including assets in
5 reference to collateral or guarantees relating to a failed
6 licensee.
7 "Related persons" means affiliates of a licensee, key
8 persons of a licensee, owners of a licensee, and persons who
9 have control over a licensee. For the purposes of this
10 definition:
11 (a) "Affiliate" means a person who has direct or
12 indirect control of a licensee, is controlled by a
13 licensee, or is under common control with a licensee.
14 (b) "Key person" means an officer, a director, a
15 trustee, a partner, a proprietor, a manager, a managing
16 agent, or the spouse of a licensee. An officer or a
17 director of an entity organized or operating as a
18 cooperative, however, shall not be considered to be a
19 "key person".
20 (c) "Owner" means the holder of: over 10% of the
21 total combined voting power of a corporation or over 10%
22 of the total value of shares of all classes of stock of a
23 corporation; over a 10% interest in a partnership; over
24 10% of the value of a trust computed actuarially; or over
25 10% of the legal or beneficial interest in any other
26 business, association, endeavor, or entity that is a
27 licensee. For purposes of computing these percentages, a
28 holder is deemed to own stock or other interests in a
29 business entity whether the ownership is direct or
30 indirect.
31 (d) "Control" means the power to exercise authority
32 over or direct the management or policies of a business
33 entity.
34 (e) "Indirect" means an interest in a business held
HB0236 Engrossed -666- LRB9100031DJcdA
1 by the holder not through the holder's actual holdings in
2 the business, but through the holder's holdings in other
3 businesses.
4 (f) Notwithstanding any other provision of this
5 Act, the term "related person" does not include a lender,
6 secured party, or other lien holder solely by reason of
7 the existence of the loan, security interest, or lien, or
8 solely by reason of the lender, secured party, or other
9 lien holder having or exercising any right or remedy
10 provided by law or by agreement with a licensee or a
11 failed licensee.
12 "Successor agreement" means an agreement by which a
13 licensee succeeds to the grain obligations of a former
14 licensee.
15 "Temporary storage space" means space measured in bushels
16 and used for 6 months or less for storage of grain on a
17 temporary basis due to a need for additional storage in
18 excess of permanent storage capacity.
19 "Trust account" means the Grain Indemnity Trust Account.
20 "Valid claim" means a claim, submitted by a claimant,
21 whose amount and category have been determined by the
22 Department, to the extent that determination is not subject
23 to further administrative review or appeal.
24 "Warehouse" means a building, structure, or enclosure in
25 which grain is stored for the public for compensation,
26 whether grain of different owners is commingled or whether
27 identity of different lots of grain is preserved.
28 "Warehouse receipt" means a receipt for the storage of
29 grain issued by a warehouseman.
30 "Warehouseman" means a person who is licensed:
31 (a) by the Department to engage in the business of
32 storing grain for compensation; or
33 (b) under the United States Warehouse Act who
34 participates in the Fund under subsection (c) of Section
HB0236 Engrossed -667- LRB9100031DJcdA
1 30-10.
2 (Source: P.A. 89-287, eff. 1-1-96.)
3 (240 ILCS 40/1-15)
4 Sec. 1-15. Powers and duties of Director. The Director
5 has all powers necessary and proper to fully and effectively
6 execute the provisions of this Code and has the general duty
7 to implement this Code. The Director's powers and duties
8 include, but are not limited to, the following:
9 (1) The Director may, upon application, issue or refuse
10 to issue licenses under this Code, and the Director may
11 extend, renew, reinstate, suspend, revoke, or accept
12 voluntary surrender of licenses under this Code.
13 (2) The Director shall examine and inspect each licensee
14 at least once each calendar year. The Director may inspect
15 the premises used by a licensee at any time. The books,
16 accounts, records, and papers of a licensee are at all times
17 during business hours subject to inspection by the Director.
18 Each licensee may also be required to make reports of its
19 activities, obligations, and transactions that are deemed
20 necessary by the Director to determine whether the interests
21 of producers and the holders of warehouse receipts are
22 adequately protected and safeguarded. The Director may take
23 action or issue orders that in the opinion of the Director
24 are necessary to prevent fraud upon or discrimination against
25 producers or depositors by a licensee.
26 (3) The Director may, upon his or her initiative or upon
27 the written verified complaint of any person setting forth
28 facts that if proved would constitute grounds for a refusal
29 to issue or renew a license or for a suspension or revocation
30 of a license, investigate the actions of any person applying
31 for, holding, or claiming to hold a license or any related
32 party of that person.
33 (4) The Director (but not the Director's designee) may
HB0236 Engrossed -668- LRB9100031DJcdA
1 issue subpoenas and bring before the Department any person
2 and take testimony either at an administrative hearing or by
3 deposition with witness fees and mileage fees and in the same
4 manner as prescribed in the Code of Civil Procedure. The
5 Director or the Director's designee may administer oaths to
6 witnesses at any proceeding that the Department is authorized
7 by law to conduct. The Director (but not the Director's
8 designee) may issue subpoenas duces tecum to command the
9 production of records relating to a licensee, guarantor,
10 related business, related person, or related party. Subpoenas
11 are subject to the rules of the Department.
12 (5) Notwithstanding other judicial remedies, the
13 Director may file a complaint and apply for a temporary
14 restraining order or preliminary or permanent injunction
15 restraining or enjoining any person from violating or
16 continuing to violate this Code or its rules.
17 (6) The Director shall act as Trustee for the Trust
18 Account, act as Trustee over all collateral, guarantees,
19 grain assets, and equity assets held by the Department for
20 the benefit of claimants, and exercise certain powers and
21 perform related duties under Section 20-5 of this Code and
22 Section 205-410 40.23 of the Department of Agriculture Law
23 (20 ILCS 205/205-410) Civil Administrative Code of Illinois,
24 except that the provisions of the Trust and Trustees Act do
25 not apply to the Trust Account or any other trust created
26 under this Code.
27 (7) The Director shall personally serve as president of
28 the Corporation.
29 (8) The Director shall collect and deposit all monetary
30 penalties and assessments authorized under this Code into the
31 Fund.
32 (9) The Director may initiate any action necessary to
33 pay refunds from the Fund.
34 (10) The Director shall maintain a holding corporation
HB0236 Engrossed -669- LRB9100031DJcdA
1 to receive, hold title to, and liquidate assets of or
2 relating to a failed licensee, including assets in reference
3 to collateral or guarantees, and deposit the proceeds into
4 the Fund.
5 (11) The Director may initiate, participate in, or
6 withdraw from any proceedings to liquidate and collect upon
7 grain assets, equity assets, collateral, and guarantees
8 relating to a failed licensee, including, but not limited to,
9 all powers needed to carry out the provisions of Section
10 20-15.
11 (12) The Director, as Trustee or otherwise, may take any
12 action that may be reasonable or appropriate to enforce this
13 Code and its rules.
14 (Source: P.A. 89-287, eff. 1-1-96.)
15 (240 ILCS 40/20-25)
16 Sec. 20-25. Refusal of licensee to allow liquidation.
17 (a) If, after a failure, the failed licensee does not
18 transfer control of the grain assets to the Trustee, the
19 Director may, in conjunction with the authority granted in
20 this Code and in Section 205-410 40.23 of the Department of
21 Agriculture Law (20 ILCS 205/205-410) Civil Administrative
22 Code of Illinois, file a complaint and apply to a court of
23 competent jurisdiction for a temporary restraining order, a
24 preliminary injunction, or a permanent injunction to be
25 entered without bond to carry out the provisions of this
26 Code.
27 (b) If a party seeks relief from a court of competent
28 jurisdiction that would enjoin, restrain, stay, or otherwise
29 resist either (1) an administrative order of the Department
30 that suspends, revokes, or denies renewal of a license under
31 this Code or (2) an action brought by the Department relating
32 to liquidation of a licensee, the court shall require the
33 party requesting the relief to provide a bond as provided for
HB0236 Engrossed -670- LRB9100031DJcdA
1 in the Code of Civil Procedure. The bond shall be in an
2 amount adequate to assure that all producers and depositors
3 will be paid while the licensee is operating following
4 suspension, revocation, or denial of renewal of a license
5 under the judicial relief for grain sold to or stored with
6 the licensee. The bond shall be in a minimum amount
7 sufficient to satisfy all existing grain obligations of the
8 licensee for grain purchased, sold, or stored. In setting
9 the amount of the bond, the court shall consider increasing
10 the amount of the bond based upon a consideration of other
11 factors, including, but not limited to, the total dollar
12 amount of grain purchased annually by the licensee and the
13 value of the storage obligations of the licensee.
14 (Source: P.A. 89-287, eff. 1-1-96; 89-626, eff. 8-9-96.)
15 Section 5-475. The Illinois Public Aid Code is amended by
16 changing Sections 11-9 and 12-1 as follows:
17 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
18 (Text of Section after amendment by P.A. 90-590)
19 Sec. 11-9. Protection of records - Exceptions. For the
20 protection of applicants and recipients, the Illinois
21 Department, the county departments and local governmental
22 units and their respective officers and employees are
23 prohibited, except as hereinafter provided, from disclosing
24 the contents of any records, files, papers and
25 communications, except for purposes directly connected with
26 the administration of public aid under this Code.
27 In any judicial proceeding, except a proceeding directly
28 concerned with the administration of programs provided for in
29 this Code, such records, files, papers and communications,
30 and their contents shall be deemed privileged communications
31 and shall be disclosed only upon the order of the court,
32 where the court finds such to be necessary in the interest of
HB0236 Engrossed -671- LRB9100031DJcdA
1 justice.
2 The Illinois Department shall establish and enforce
3 reasonable rules and regulations governing the custody, use
4 and preservation of the records, papers, files, and
5 communications of the Illinois Department, the county
6 departments and local governmental units receiving State or
7 Federal funds or aid. The governing body of other local
8 governmental units shall in like manner establish and enforce
9 rules and regulations governing the same matters.
10 The contents of case files pertaining to recipients under
11 Articles IV, V, VI, and VII shall be made available without
12 subpoena or formal notice to the officers of any court, to
13 all law enforcing agencies, and to such other persons or
14 agencies as from time to time may be authorized by any court.
15 In particular, the contents of those case files shall be made
16 available upon request to a law enforcement agency for the
17 purpose of determining the current address of a recipient
18 with respect to whom an arrest warrant is outstanding.
19 Information shall also be disclosed to the Illinois State
20 Scholarship Commission pursuant to an investigation or audit
21 by the Illinois State Scholarship Commission of a delinquent
22 student loan or monetary award.
23 This Section does not prevent the Illinois Department and
24 local governmental units from reporting to appropriate law
25 enforcement officials the desertion or abandonment by a
26 parent of a child, as a result of which financial aid has
27 been necessitated under Articles IV, V, VI, or VII, or
28 reporting to appropriate law enforcement officials instances
29 in which a mother under age 18 has a child out of wedlock and
30 is an applicant for or recipient of aid under any Article of
31 this Code. The Illinois Department may provide by rule for
32 the county departments and local governmental units to
33 initiate proceedings under the Juvenile Court Act of 1987 to
34 have children declared to be neglected when they deem such
HB0236 Engrossed -672- LRB9100031DJcdA
1 action necessary to protect the children from immoral
2 influences present in their home or surroundings.
3 This Section does not preclude the full exercise of the
4 powers of the Board of Public Aid Commissioners to inspect
5 records and documents, as provided for all advisory boards
6 pursuant to Section 5-505 8 of the Departments of State
7 Government Law (20 ILCS 5/5-505) "The Civil Administrative
8 Code of Illinois", approved March 7, 1917, as amended.
9 This Section does not preclude exchanges of information
10 among the Illinois Department of Public Aid, the Department
11 of Human Services (as successor to the Department of Public
12 Aid), and the Illinois Department of Revenue for the purpose
13 of verifying sources and amounts of income and for other
14 purposes directly connected with the administration of this
15 Code and of the Illinois Income Tax Act.
16 The provisions of this Section and of Section 11-11 as
17 they apply to applicants and recipients of public aid under
18 Articles III, IV and V shall be operative only to the extent
19 that they do not conflict with any Federal law or regulation
20 governing Federal grants to this State for such programs.
21 The Illinois Department of Public Aid and the Department
22 of Human Services (as successor to the Illinois Department of
23 Public Aid) shall enter into an inter-agency agreement with
24 the Department of Children and Family Services to establish a
25 procedure by which employees of the Department of Children
26 and Family Services may have immediate access to records,
27 files, papers, and communications (except medical, alcohol or
28 drug assessment or treatment, mental health, or any other
29 medical records) of the Illinois Department, county
30 departments, and local governmental units receiving State or
31 federal funds or aid, if the Department of Children and
32 Family Services determines the information is necessary to
33 perform its duties under the Abused and Neglected Child
34 Reporting Act, the Child Care Act of 1969, and the Children
HB0236 Engrossed -673- LRB9100031DJcdA
1 and Family Services Act.
2 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
3 90-14, eff. 7-1-97; 90-590, eff. 1-1-00.)
4 (305 ILCS 5/12-1) (from Ch. 23, par. 12-1)
5 Sec. 12-1. Administration of Code; Illinois Department of
6 Public Aid.
7 (a) This Code shall be administered by the Department of
8 Human Services and the Illinois Department of Public Aid as
9 provided in the Department of Human Services Act.
10 (b) The Department of Public Aid shall be under the
11 supervision and direction of the Director of Public Aid, as
12 provided in Section 5-20 4 of the Departments of State
13 Government Law (20 ILCS 5/5-20) Civil Administrative Code of
14 Illinois. The Director shall be appointed pursuant to the
15 provisions of Section 5-605 12 and meet the qualifications of
16 Section 5-230 7.09 of that Law Code.
17 The Assistant Director of Public Aid, created by Section
18 5-165 5.13c of the Departments of State Government Law (20
19 ILCS 5/5-165) Civil Administrative Code of Illinois, shall be
20 appointed pursuant to the provisions of Section 5-605 12 of
21 that Law Code and shall meet the qualifications prescribed in
22 Section 5-230 of that Law 7.09 thereof.
23 The salaries of the Director and the Assistant Director
24 shall be those specified in Section 5-395 9.17 of the
25 Departments of State Government Law (20 ILCS 5/5-395) Civil
26 Administrative Code of Illinois.
27 The Illinois Department of Public Aid and the Director of
28 Public Aid shall comply with other provisions of the Civil
29 Administrative Code of Illinois which are generally
30 applicable to the several departments of the State Government
31 created by that Code.
32 (Source: P.A. 89-507, eff. 7-1-97.)
HB0236 Engrossed -674- LRB9100031DJcdA
1 Section 5-480. The Abused and Neglected Child Reporting
2 Act is amended by changing Section 7.4 as follows:
3 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
4 Sec. 7.4. (a) The Department shall be capable of
5 receiving reports of suspected child abuse or neglect 24
6 hours a day, 7 days a week. Whenever the Department receives
7 a report alleging that a child is a truant as defined in
8 Section 26-2a of The School Code, as now or hereafter
9 amended, the Department shall notify the superintendent of
10 the school district in which the child resides and the
11 appropriate superintendent of the educational service region.
12 The notification to the appropriate officials by the
13 Department shall not be considered an allegation of abuse or
14 neglect under this Act.
15 (b) (1) The following procedures shall be followed
16 in the investigation of all reports of suspected abuse or
17 neglect of a child, except as provided in subsection (c)
18 of this Section.
19 (2) If it appears that the immediate safety or
20 well-being of a child is endangered, that the family may
21 flee or the child disappear, or that the facts otherwise
22 so warrant, the Child Protective Service Unit shall
23 commence an investigation immediately, regardless of the
24 time of day or night. In all other cases, investigation
25 shall be commenced within 24 hours of receipt of the
26 report. Upon receipt of a report, the Child Protective
27 Service Unit shall make an initial investigation and an
28 initial determination whether the report is a good faith
29 indication of alleged child abuse or neglect.
30 (3) If the Unit determines the report is a good
31 faith indication of alleged child abuse or neglect, then
32 a formal investigation shall commence and, pursuant to
33 Section 7.12 of this Act, may or may not result in an
HB0236 Engrossed -675- LRB9100031DJcdA
1 indicated report. The formal investigation shall
2 include: direct contact with the subject or subjects of
3 the report as soon as possible after the report is
4 received; an evaluation of the environment of the child
5 named in the report and any other children in the same
6 environment; a determination of the risk to such children
7 if they continue to remain in the existing environments,
8 as well as a determination of the nature, extent and
9 cause of any condition enumerated in such report; the
10 name, age and condition of other children in the
11 environment; and an evaluation as to whether there would
12 be an immediate and urgent necessity to remove the child
13 from the environment if appropriate family preservation
14 services were provided. After seeing to the safety of
15 the child or children, the Department shall forthwith
16 notify the subjects of the report in writing, of the
17 existence of the report and their rights existing under
18 this Act in regard to amendment or expungement. To
19 fulfill the requirements of this Section, the Child
20 Protective Service Unit shall have the capability of
21 providing or arranging for comprehensive emergency
22 services to children and families at all times of the day
23 or night.
24 (4) If (i) at the conclusion of the Unit's initial
25 investigation of a report, the Unit determines the report
26 to be a good faith indication of alleged child abuse or
27 neglect that warrants a formal investigation by the Unit,
28 the Department, any law enforcement agency or any other
29 responsible agency and (ii) the person who is alleged to
30 have caused the abuse or neglect is employed or otherwise
31 engaged in an activity resulting in frequent contact with
32 children and the alleged abuse or neglect are in the
33 course of such employment or activity, then the
34 Department shall, except in investigations where the
HB0236 Engrossed -676- LRB9100031DJcdA
1 Director determines that such notification would be
2 detrimental to the Department's investigation, inform the
3 appropriate supervisor or administrator of that
4 employment or activity that the Unit has commenced a
5 formal investigation pursuant to this Act, which may or
6 may not result in an indicated report. The Department
7 shall also notify the person being investigated, unless
8 the Director determines that such notification would be
9 detrimental to the Department's investigation.
10 (c) In an investigation of a report of suspected abuse
11 or neglect of a child by a school employee at a school or on
12 school grounds, the Department shall make reasonable efforts
13 to follow the following procedures:
14 (1) Investigations involving teachers shall not, to
15 the extent possible, be conducted when the teacher is
16 scheduled to conduct classes. Investigations involving
17 other school employees shall be conducted so as to
18 minimize disruption of the school day. The school
19 employee accused of child abuse or neglect may have his
20 superior, his association or union representative and his
21 attorney present at any interview or meeting at which the
22 teacher or administrator is present. The accused school
23 employee shall be informed by a representative of the
24 Department, at any interview or meeting, of the accused
25 school employee's due process rights and of the steps in
26 the investigation process. The information shall include,
27 but need not necessarily be limited to the right, subject
28 to the approval of the Department, of the school employee
29 to confront the accuser, if the accuser is 14 years of
30 age or older, or the right to review the specific
31 allegations which gave rise to the investigation, and the
32 right to review all materials and evidence that have been
33 submitted to the Department in support of the allegation.
34 These due process rights shall also include the right of
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1 the school employee to present countervailing evidence
2 regarding the accusations.
3 (2) If a report of neglect or abuse of a child by a
4 teacher or administrator does not involve allegations of
5 sexual abuse or extreme physical abuse, the Child
6 Protective Service Unit shall make reasonable efforts to
7 conduct the initial investigation in coordination with
8 the employee's supervisor.
9 If the Unit determines that the report is a good
10 faith indication of potential child abuse or neglect, it
11 shall then commence a formal investigation under
12 paragraph (3) of subsection (b) of this Section.
13 (3) If a report of neglect or abuse of a child by a
14 teacher or administrator involves an allegation of sexual
15 abuse or extreme physical abuse, the Child Protective
16 Unit shall commence an investigation under paragraph (2)
17 of subsection (b) of this Section.
18 (d) If the Department has contact with an employer in
19 the course of its investigation, the Department shall notify
20 the employer, in writing, when a report is unfounded so that
21 any record of the investigation can be expunged from the
22 employee's personnel records. The Department shall also
23 notify the employee, in writing, that notification has been
24 sent to the employer informing the employer that the
25 Department's investigation has resulted in an unfounded
26 report.
27 (e) Upon request by the Department, the Department of
28 State Police and law enforcement agencies are authorized to
29 provide criminal history record information as defined in
30 the Illinois Uniform Conviction Information Act and
31 information maintained in the adjudicatory and dispositional
32 record system as defined in subdivision (A)19 of Section
33 2605-355 55a of the Department of State Police Law (20 ILCS
34 2605/2605-355) Civil Administrative Code of Illinois to
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1 properly designated employees of the Department of Children
2 and Family Services if the Department determines the
3 information is necessary to perform its duties under the
4 Abused and Neglected Child Reporting Act, the Child Care Act
5 of 1969, and the Children and Family Services Act. The
6 request shall be in the form and manner required by the
7 Department of State Police. Any information obtained by the
8 Department of Children and Family Services under this Section
9 is confidential and may not be transmitted outside the
10 Department of Children and Family Services other than to a
11 court of competent jurisdiction or unless otherwise
12 authorized by law. Any employee of the Department of Children
13 and Family Services who transmits confidential information in
14 violation of this Section or causes the information to be
15 transmitted in violation of this Section is guilty of a Class
16 A misdemeanor unless the transmittal of the information is
17 authorized by this Section or otherwise authorized by law.
18 (Source: P.A. 87-400; 88-614, eff. 9-7-94.)
19 Section 5-490. The Mental Health Hispanic Interpreter Act
20 is amended by changing Section 1 as follows:
21 (405 ILCS 75/1) (from Ch. 91 1/2, par. 1751)
22 Sec. 1. Every State-operated mental health and
23 developmental disability facility where at least 1% of total
24 annual admissions for inpatient or outpatient care consists
25 of recipients of Hispanic descent shall provide a qualified
26 interpreter when such recipient lacks proficiency in the
27 English language to such an extent that communication with
28 facility staff for purposes of receiving care or treatment is
29 prevented. An interpreter shall be provided at any time such
30 a recipient is admitted to a State-operated facility or seeks
31 or receives care or treatment at such a facility. The
32 administrator of each State-operated facility may utilize
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1 existing facility staff in complying with the requirements of
2 this Act. For purposes of this Act, "State-operated
3 facility" means a facility operated by a Department of State
4 government created under Section 5-15 3 of the Departments of
5 State Government Law (20 ILCS 5/5-15) Civil Administrative
6 Code of Illinois, or by a public university of this State.
7 (Source: P.A. 88-380.)
8 Section 5-495. The Illinois Rural/Downstate Health Act is
9 amended by changing Section 4 as follows:
10 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
11 Sec. 4. The Center shall have the authority:
12 (a) To assist rural communities and communities in
13 designated shortage areas by providing technical assistance
14 to community leaders in defining their specific health care
15 needs and identifying strategies to address those needs.
16 (b) To link rural communities and communities in
17 designated shortage areas with other units in the Department
18 or other State agencies which can assist in the solution of a
19 health care access problem.
20 (c) To maintain and disseminate information on
21 innovative health care strategies, either directly or
22 indirectly.
23 (d) To administer State or federal grant programs
24 relating to rural health or medically underserved areas
25 established by State or federal law for which funding has
26 been made available.
27 (e) To promote the development of primary care services
28 in rural areas and designated shortage areas. Subject to
29 available appropriations, the Department may annually award
30 grants of up to $300,000 each to enable the health services
31 in those areas to offer multi-service comprehensive
32 ambulatory care, thereby improving access to primary care
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1 services. Grants may cover operational and facility
2 construction and renovation expenses, including but not
3 limited to the cost of personnel, medical supplies and
4 equipment, patient transportation, and health provider
5 recruitment. The Department shall prescribe by rule standards
6 and procedures for the provision of local matching funds in
7 relation to each grant application. Grants provided under
8 this paragraph (e) shall be in addition to support and
9 assistance provided under subsection (a) of Section 2310-200
10 55.53(a) of the Department of Public Health Powers and Duties
11 Law (20 ILCS 2310/2310-200) Civil Administrative Code of
12 Illinois. Eligible applicants shall include, but not be
13 limited to, community-based organizations, hospitals, local
14 health departments, and Community Health Centers as defined
15 in Section 4.1 of the Illinois Rural Health Act.
16 (f) To annually provide grants from available
17 appropriations to hospitals located in medically underserved
18 areas or health manpower shortage areas as defined by the
19 United States Department of Health and Human Services, whose
20 governing boards include significant representation of
21 consumers of hospital services residing in the area served by
22 the hospital, and which agree not to discriminate in any way
23 against any consumer of hospital services based upon the
24 consumer's source of payment for those services. Grants that
25 may be awarded under this paragraph (f) shall be limited to
26 $500,000 and shall not exceed 50% of the total project need
27 indicated in each application. Expenses covered by the grants
28 may include but are not limited to facility renovation,
29 equipment acquisition and maintenance, recruitment of health
30 personnel, diversification of services, and joint venture
31 arrangements.
32 (g) To establish a recruitment center which shall
33 actively recruit physicians and other health care
34 practitioners to participate in the program, maintain
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1 contacts with participating practitioners, actively promote
2 health care professional practice in designated shortage
3 areas, assist in matching the skills of participating medical
4 students with the needs of community health centers in
5 designated shortage areas, and assist participating medical
6 students in locating in designated shortage areas.
7 (h) To assist communities in designated shortage areas
8 find alternative services or temporary health care providers
9 when existing health care providers are called into active
10 duty with the armed forces of the United States.
11 (i) To develop, in cooperation with the Illinois
12 Development Finance Authority, financing programs whose goals
13 and purposes shall be to provide moneys to carry out the
14 purpose of this Act, including, but not limited to, revenue
15 bond programs, revolving loan programs, equipment leasing
16 programs, and working cash programs. The Department may
17 transfer to the Illinois Development Finance Authority, into
18 an account outside of the State treasury, moneys in special
19 funds of the Department for the purposes of establishing
20 those programs. The disposition of any moneys so transferred
21 shall be determined by an interagency agreement.
22 (Source: P.A. 87-633; 88-535.)
23 Section 5-500. The Illinois Nuclear Safety Preparedness
24 Act is amended by changing Section 8 as follows:
25 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
26 Sec. 8. (a) The Illinois Nuclear Safety Preparedness
27 Program shall consist of an assessment of the potential
28 nuclear accidents, their radiological consequences, and the
29 necessary protective actions required to mitigate the effects
30 of such accidents. It shall include, but not necessarily be
31 limited to:
32 (1) Development of a remote effluent monitoring
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1 system capable of reliably detecting and quantifying
2 accidental radioactive releases from nuclear power plants
3 to the environment;
4 (2) Development of an environmental monitoring
5 program for nuclear facilities other than nuclear power
6 plants;
7 (3) Development of procedures for radiological
8 assessment and radiation exposure control for areas
9 surrounding each nuclear facility in Illinois;
10 (4) Radiological training of state and local
11 emergency response personnel in accordance with the
12 Department's responsibilities under the program;
13 (5) Participation in the development of accident
14 scenarios and in the exercising of fixed facility nuclear
15 emergency response plans;
16 (6) Development of mitigative emergency planning
17 standards including, but not limited to, standards
18 pertaining to evacuations, re-entry into evacuated areas,
19 contaminated foodstuffs and contaminated water supplies;
20 (7) Provision of specialized response equipment
21 necessary to accomplish this task;
22 (8) Implementation of the Boiler and Pressure
23 Vessel Safety program at nuclear steam-generating
24 facilities as mandated by subsection C of Section 2005-35
25 71 of the Department of Nuclear Safety Law (20 ILCS
26 2005/2005-35) Civil Administrative Code of Illinois;
27 (9) Development and implementation of a plan for
28 inspecting and escorting all shipments of spent nuclear
29 fuel, high-level radioactive waste, and transuranic waste
30 in Illinois; and
31 (10) Implementation of the program under the
32 Illinois Nuclear Facility Safety Act.
33 (b) The Department may incorporate data collected by the
34 operator of a nuclear facility into the Department's remote
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1 monitoring system.
2 (c) The owners of each nuclear power reactor in Illinois
3 shall provide the Department all system status signals which
4 initiate Emergency Action Level Declarations, actuate
5 accident mitigation and provide mitigation verification as
6 directed by the Department. The Department shall designate
7 by rule those system status signals that must be provided.
8 Signals providing indication of operating power level shall
9 also be provided. The owners of the nuclear power reactors
10 shall, at their expense, ensure that valid signals will be
11 provided continuously 24 hours a day.
12 All such signals shall be provided in a manner and at a
13 frequency specified by the Department for incorporation into
14 and augmentation of the remote effluent monitoring system
15 specified in subsection (a) (1) of this Section. Provision
16 shall be made for assuring that such system status and power
17 level signals shall be available to the Department during
18 reactor operation as well as throughout accidents and
19 subsequent recovery operations.
20 For nuclear reactors with operating licenses issued by
21 the Nuclear Regulatory Commission prior to the effective date
22 of this amendatory Act, such system status and power level
23 signals shall be provided to the Department by March 1, 1985.
24 For reactors without such a license on the effective date of
25 this amendatory Act, such signals shall be provided to the
26 Department prior to commencing initial fuel load for such
27 reactor. Nuclear reactors receiving their operating license
28 after the effective date of this amendatory Act, but before
29 July 1, 1985, shall provide such system status and power
30 level signals to the Department by September 1, 1985.
31 (Source: P.A. 90-601, eff. 6-26-98.)
32 Section 5-505. The Fireworks Regulation Act of Illinois
33 is amended by changing Section 21 as follows:
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1 (425 ILCS 30/21) (from Ch. 127 1/2, par. 121)
2 Sec. 21. The manner of conducting hearings provided for
3 in section 20 of this Act shall conform, as nearly as may be,
4 to the provisions governing hearings set forth in Sections
5 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, and
6 2105-125 60-c to 60-h, inclusive, of "the Department of
7 Professional Regulation Law (20 ILCS 2105/2105-100,
8 2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120,
9 and 2105/2105-125) Civil Administrative Code of Illinois,"
10 approved March 7, 1917, as amended.
11 (Source: Laws 1949, p. 715.)
12 Section 5-510. The Firearm Owners Identification Card Act
13 is amended by changing Section 15a as follows:
14 (430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
15 Sec. 15a. When this amendatory Act enacted by the
16 Seventy-Sixth General Assembly takes effect the records of
17 the Department of Public Safety relating to the
18 administration of the Act amended shall be transferred to the
19 Department of State Police. All Firearm Owner's
20 Identification Cards issued by the Department of Public
21 Safety shall be valid for the period for which they were
22 issued unless revoked or seized in the manner provided in the
23 Act amended. The Department of State Police as the successor
24 to the Department of Public Safety shall have the rights,
25 powers and duties provided in, and be subject to the
26 provisions of Sections 5-95, 5-700, and 5-705 32, 33 and 34
27 of "the Departments of State Government Law (20 ILCS 5/5-95,
28 5/5-700, and 5/5-705) Civil Administrative Code of Illinois".
29 (Source: P.A. 84-25.)
30 Section 5-515. The Illinois Fertilizer Act of 1961 is
31 amended by changing Section 6a as follows:
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1 (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
2 Sec. 6a. The Department is hereby authorized to
3 establish a program and expend appropriations for a
4 fertilizer research and education program dealing with the
5 relationship of fertilizer use to soil management, soil
6 fertility, plant nutrition problems, and for research on
7 environmental concerns which may be related to fertilizer
8 usage; for the dissemination of the results of such research;
9 and for other designated activities including educational
10 programs to promote the correct and effective usage of
11 fertilizer materials.
12 To assist in the development and administration of the
13 fertilizer research and education program, the Director is
14 authorized to establish a Fertilizer Research and Education
15 Council consisting of 9 persons. This council shall be
16 comprised of 3 persons representing the fertilizer industry,
17 3 persons representing crop production, and 2 persons
18 representing the public at large. In the appointment of
19 persons to the council, the Director shall consult with
20 representative persons and recognized organizations in the
21 respective fields concerning such appointments. The Director
22 or his representative from the Department shall act as
23 chairman of the council. The Director shall call meetings
24 thereof from time to time or when requested by 3 or more
25 appointed members of the council.
26 The responsibilities of the Fertilizer Research and
27 Education Council are to:
28 (a) solicit research and education projects consistent
29 with the scope of the established fertilizer research and
30 education program;
31 (b) review and arrange for peer review of all research
32 proposals for scientific merit and methods, and review or
33 arrange for the review of all proposals for their merit,
34 objective, methods and procedures;
HB0236 Engrossed -686- LRB9100031DJcdA
1 (c) evaluate the proposed budget for the projects and
2 make recommendations as necessary; and
3 (d) monitor the progress of projects and report at least
4 once each 6 months on each project's accomplishments to the
5 Director and Board of Agricultural Advisors.
6 The Fertilizer Research and Education Council shall at
7 least annually recommend projects to be approved and funded
8 including recommendations on continuation or cancellation of
9 authorized and ongoing projects to the Board of Agricultural
10 Advisors, which is created in Section 5-525 6.01 of the
11 Departments of State Government Law (20 ILCS 5/5-525) Civil
12 Administrative Code of Illinois. The Board of Agricultural
13 Advisors shall review the proposed projects and
14 recommendations of the Fertilizer Research and Education
15 Council and recommend to the Director what projects shall be
16 approved and their priority. In the case of authorized and
17 ongoing projects, the Board of Agricultural Advisors shall
18 recommend to the Director the continuation or cancellation of
19 such projects.
20 When the Director, the Board of Agricultural Advisors,
21 and the Fertilizer Research and Education Council approve a
22 project and subject to available appropriations, the Director
23 shall grant funds to the person originating the proposal.
24 (Source: P.A. 86-232.)
25 Section 5-520. The Illinois Highway Code is amended by
26 changing Section 4-101.15 as follows:
27 (605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
28 Sec. 4-101.15. The Department of Central Management
29 Services shall procure for or in behalf of each State highway
30 employee, without cost to him, public liability insurance
31 protecting him against any liability arising out of his
32 employment to the extent of the insurance policy limits not
HB0236 Engrossed -687- LRB9100031DJcdA
1 exceeding $100,000 or include each such employee under a
2 self-insurance plan implemented under Section 405-105 64.1 of
3 the Department of Central Management Services Law (20 ILCS
4 405/405-105) Civil Administrative Code of Illinois.
5 (Source: P.A. 82-789.)
6 Section 5-525. The Illinois and Michigan Canal
7 Development Act is amended by changing Section 9 as follows:
8 (615 ILCS 45/9) (from Ch. 19, par. 37.19)
9 Sec. 9. The Department of Natural Resources, upon proper
10 application made thereto, is authorized, subject to the
11 approval of the Governor, to sell, transfer, or convey Canal
12 lands to any department or agency of the United States
13 Government or transfer jurisdiction and control over such
14 lands, pursuant to the provisions of Section 2705-550 49.12
15 of the Department of Transportation Law (20 ILCS
16 2705/2705-550) "Civil Administrative Code of Illinois" as
17 amended, to any department or agency of the State of Illinois
18 or convey to any political subdivision thereof, or any quasi
19 public board or agency having present or immediate future
20 need for said Canal land for public recreation, parks,
21 historic sites, or other projects of public nature upon such
22 terms as may be mutually agreed upon by the parties in
23 interest if such sale, transfer or conveyance is in
24 accordance with the master plan for the development and
25 management of the Canal. Said transfer, sale, or conveyance
26 shall contain such conditions and stipulations as the
27 Department may deem necessary to preserve the best interest
28 of the State of Illinois.
29 (Source: P.A. 89-445, eff. 2-7-96.)
30 Section 5-530. The Illinois Vehicle Code is amended by
31 changing Sections 2-119 and 10-101 as follows:
HB0236 Engrossed -688- LRB9100031DJcdA
1 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
2 Sec. 2-119. Disposition of fees and taxes.
3 (a) All moneys received from Salvage Certificates shall
4 be deposited in the Common School Fund in the State Treasury.
5 (b) Beginning January 1, 1990 and concluding December
6 31, 1994, of the money collected for each certificate of
7 title, duplicate certificate of title and corrected
8 certificate of title, $0.50 shall be deposited into the Used
9 Tire Management Fund. Beginning January 1, 1990 and
10 concluding December 31, 1994, of the money collected for each
11 certificate of title, duplicate certificate of title and
12 corrected certificate of title, $1.50 shall be deposited in
13 the Park and Conservation Fund. Beginning January 1, 1995,
14 of the money collected for each certificate of title,
15 duplicate certificate of title and corrected certificate of
16 title, $2 shall be deposited in the Park and Conservation
17 Fund. The moneys deposited in the Park and Conservation Fund
18 pursuant to this Section shall be used for the acquisition
19 and development of bike paths as provided for in Section
20 805-420 63a36 of the Department of Natural Resources
21 (Conservation) Law (20 ILCS 805/805-420) Civil Administrative
22 Code of Illinois. Except as otherwise provided in this Code,
23 all remaining moneys collected for certificates of title, and
24 all moneys collected for filing of security interests, shall
25 be placed in the General Revenue Fund in the State Treasury.
26 (c) All moneys collected for that portion of a driver's
27 license fee designated for driver education under Section
28 6-118 shall be placed in the Driver Education Fund in the
29 State Treasury.
30 (d) Beginning January 1, 1999, of the monies collected
31 as a registration fee for each motorcycle, motor driven cycle
32 and motorized pedalcycle, 27% of each annual registration fee
33 for such vehicle and 27% of each semiannual registration fee
34 for such vehicle is deposited in the Cycle Rider Safety
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1 Training Fund.
2 (e) Of the monies received by the Secretary of State as
3 registration fees or taxes or as payment of any other fee, as
4 provided in this Act, except fees received by the Secretary
5 under paragraph (7) of subsection (b) of Section 5-101 and
6 Section 5-109 of this Code, 37% shall be deposited into the
7 State Construction Fund.
8 (f) Of the total money collected for a CDL instruction
9 permit or original or renewal issuance of a commercial
10 driver's license (CDL) pursuant to the Uniform Commercial
11 Driver's License Act (UCDLA), $6 of the total fee for an
12 original or renewal CDL, and $6 of the total CDL instruction
13 permit fee when such permit is issued to any person holding a
14 valid Illinois driver's license, shall be paid into the
15 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
16 Information System/American Association of Motor Vehicle
17 Administrators network Trust Fund) and shall be used for the
18 purposes provided in Section 6z-23 of the State Finance Act.
19 (g) All remaining moneys received by the Secretary of
20 State as registration fees or taxes or as payment of any
21 other fee, as provided in this Act, except fees received by
22 the Secretary under paragraph (7) of subsection (b) of
23 Section 5-101 and Section 5-109 of this Code, shall be
24 deposited in the Road Fund in the State Treasury. Moneys in
25 the Road Fund shall be used for the purposes provided in
26 Section 8.3 of the State Finance Act.
27 (h) (Blank).
28 (i) (Blank).
29 (j) (Blank).
30 (k) There is created in the State Treasury a special
31 fund to be known as the Secretary of State Special License
32 Plate Fund. Money deposited into the Fund shall, subject to
33 appropriation, be used by the Office of the Secretary of
34 State (i) to help defray plate manufacturing and plate
HB0236 Engrossed -690- LRB9100031DJcdA
1 processing costs for the issuance and, when applicable,
2 renewal of any new or existing special registration plates
3 authorized under this Code and (ii) for grants made by the
4 Secretary of State to benefit Illinois Veterans Home
5 libraries.
6 On or before October 1, 1995, the Secretary of State
7 shall direct the State Comptroller and State Treasurer to
8 transfer any unexpended balance in the Special Environmental
9 License Plate Fund, the Special Korean War Veteran License
10 Plate Fund, and the Retired Congressional License Plate Fund
11 to the Secretary of State Special License Plate Fund.
12 (l) The Motor Vehicle Review Board Fund is created as a
13 special fund in the State Treasury. Moneys deposited into
14 the Fund under paragraph (7) of subsection (b) of Section
15 5-101 and Section 5-109 shall, subject to appropriation, be
16 used by the Office of the Secretary of State to administer
17 the Motor Vehicle Review Board, including without limitation
18 payment of compensation and all necessary expenses incurred
19 in administering the Motor Vehicle Review Board under the
20 Motor Vehicle Franchise Act.
21 (m) Effective July 1, 1996, there is created in the
22 State Treasury a special fund to be known as the Family
23 Responsibility Fund. Moneys deposited into the Fund shall,
24 subject to appropriation, be used by the Office of the
25 Secretary of State for the purpose of enforcing the Family
26 Financial Responsibility Law.
27 (n) The Illinois Fire Fighters' Memorial Fund is created
28 as a special fund in the State Treasury. Moneys deposited
29 into the Fund shall, subject to appropriation, be used by the
30 Office of the State Fire Marshal for construction of the
31 Illinois Fire Fighters' Memorial to be located at the State
32 Capitol grounds in Springfield, Illinois. Upon the
33 completion of the Memorial, the Office of the State Fire
34 Marshal shall certify to the State Treasurer that
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1 construction of the Memorial has been completed.
2 (o) Of the money collected for each certificate of title
3 for all-terrain vehicles and off-highway motorcycles, $17
4 shall be deposited into the Off-Highway Vehicle Trails Fund.
5 (Source: P.A. 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
6 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
7 8-9-96; 89-639, eff. 1-1-97; 90-14, eff. 7-1-97; 90-287, eff.
8 1-1-98; 90-622, eff. 1-1-99.)
9 (625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
10 Sec. 10-101. Insurance. (a) Any public entity or
11 corporation may insure against the liability imposed by law
12 and may insure persons who are legally entitled to recover
13 damages from owners and operators of uninsured motor vehicles
14 and hit-and-run motor vehicles because of bodily injury,
15 sickness or disease including death incurred while using a
16 motor vehicle of such public entity or corporation with any
17 insurance carrier duly authorized to transact business in
18 this State and the premium for such insurance shall be a
19 proper charge against the general fund or any applicable
20 special fund of such entity or corporation.
21 (b) Every employee of the State, who operates for
22 purposes of State business a vehicle not owned, leased or
23 controlled by the State shall procure insurance in the limit
24 of the amounts of liability not less than the amounts
25 required in Section 7-203 of this Act. The State may provide
26 such insurance for the benefit of, and without cost to, such
27 employees and may include such coverage in a plan of
28 self-insurance under Section 405-105 35.9 of "the Department
29 of Central Management Services Law (20 ILCS 405/405-105)
30 Civil Administrative Code of Illinois". The State may also
31 obtain uninsured or hit-and-run vehicle coverage, as defined
32 in Section 143a of the "Illinois Insurance Code". Any public
33 liability insurance furnished by the State under this
HB0236 Engrossed -692- LRB9100031DJcdA
1 Section shall be under the policy or policies contracted for
2 or under a self-insurance plan implemented by the Department
3 of Central Management Services pursuant to Section 405-105
4 64.1 of "the Department of Central Management Services Law
5 (20 ILCS 405/405-105) Civil Administrative Code of Illinois",
6 the costs for procuring such insurance to be charged,
7 collected and received as provided in that Section 25-105
8 64.1.
9 (Source: P.A. 82-789.)
10 Section 5-535. The Criminal Code of 1961 is amended by
11 changing Section 32-2 as follows:
12 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
13 Sec. 32-2. Perjury. (a) A person commits perjury when,
14 under oath or affirmation, in a proceeding or in any other
15 matter where by law such oath or affirmation is required, he
16 makes a false statement, material to the issue or point in
17 question, which he does not believe to be true.
18 (b) Proof of Falsity.
19 An indictment or information for perjury alleging that
20 the offender, under oath, has made contradictory statements,
21 material to the issue or point in question, in the same or in
22 different proceedings, where such oath or affirmation is
23 required, need not specify which statement is false. At the
24 trial, the prosecution need not establish which statement is
25 false.
26 (c) Admission of Falsity.
27 Where the contradictory statements are made in the same
28 continuous trial, an admission by the offender in that same
29 continuous trial of the falsity of a contradictory statement
30 shall bar prosecution therefor under any provisions of this
31 Code.
32 (d) A person shall be exempt from prosecution under
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1 subsection (a) of this Section if he is a peace officer who
2 uses a false or fictitious name in the enforcement of the
3 criminal laws, and such use is approved in writing as
4 provided in Section 10-1 of "The Liquor Control Act of 1934",
5 as amended, Section 5 of "An Act in relation to the use of an
6 assumed name in the conduct or transaction of business in
7 this State", approved July 17, 1941, as amended, or Section
8 2605-200 55a of the Department of State Police Law (20 ILCS
9 2605/2605-200) Civil Administrative Code of Illinois, as
10 amended. However, this exemption shall not apply to testimony
11 in judicial proceedings where the identity of the peace
12 officer is material to the issue, and he is ordered by the
13 court to disclose his identity.
14 (e) Sentence.
15 Perjury is a Class 3 felony.
16 (Source: P.A. 84-1308.)
17 Section 5-540. The Illinois Controlled Substances Act is
18 amended by changing Section 305 as follows:
19 (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
20 Sec. 305. (a) Before denying, refusing renewal of,
21 suspending or revoking a registration, the Department of
22 Professional Regulation shall serve upon the applicant or
23 registrant, by registered mail at the address in the
24 application or registration or by any other means authorized
25 under the Civil Practice Law or Rules of the Illinois Supreme
26 Court for the service of summons or subpoenas, a notice of
27 hearing to determine why registration should not be denied,
28 refused renewal, suspended or revoked. The notice shall
29 contain a statement of the basis therefor and shall call upon
30 the applicant or registrant to appear before the Department
31 of Professional Regulation at a reasonable time and place.
32 These proceedings shall be conducted in accordance with
HB0236 Engrossed -694- LRB9100031DJcdA
1 Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110,
2 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325 60, 60a,
3 60b, 60c, 60d, 60e, 60f, 60g, and 60h of the Department of
4 Professional Regulation Law (20 ILCS 2105/2105-5,
5 2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110,
6 2105/2105-115, 2105/2105-120, 2105/2105-125, 2105/2105-175,
7 and 2105/2105-325) Civil Administrative Code of Illinois,
8 without regard to any criminal prosecution or other
9 proceeding. Except as authorized in subsection (c),
10 proceedings to refuse renewal or suspend or revoke
11 registration shall not abate the existing registration, which
12 shall remain in effect until the Department of Professional
13 Regulation has held the hearing called for in the notice and
14 found, with input from the appropriate licensure or
15 disciplinary board, that the registration shall no longer
16 remain in effect.
17 (b) The Director may appoint an attorney duly licensed
18 to practice law in the State of Illinois to serve as the
19 hearing officer in any action to deny, refuse to renew,
20 suspend, or revoke, or take any other disciplinary action
21 with regard to a registration. The hearing officer shall
22 have full authority to conduct the hearing. The hearing
23 officer shall report his or her findings and recommendations
24 to the appropriate licensure or disciplinary board within 30
25 days after receiving the record. The Disciplinary Board
26 shall have 60 days from receipt of the report to review the
27 report of the hearing officer and present its findings of
28 fact, conclusions of law, and recommendations to the
29 Director.
30 (c) If the Department of Professional Regulation finds
31 that there is an imminent danger to the public health or
32 safety by the continued manufacture, distribution or
33 dispensing of controlled substances by the registrant, the
34 Department of Professional Regulation may, upon the issuance
HB0236 Engrossed -695- LRB9100031DJcdA
1 of a written ruling stating the reasons for such finding and
2 without notice or hearing, suspend such registrant. The
3 suspension shall continue in effect for not more than 14 days
4 during which time the registrant shall be given a hearing on
5 the issues involved in the suspension. If after the hearing,
6 and after input from the appropriate licensure or
7 disciplinary board, the Department of Professional Regulation
8 finds that the public health or safety requires the
9 suspension to remain in effect it shall so remain until the
10 ruling is terminated by its own terms or subsequent ruling or
11 is dissolved by a circuit court upon determination that the
12 suspension was wholly without basis in fact and law.
13 (d) If, after a hearing as provided in subsection (a),
14 the Department of Professional Regulation finds that a
15 registration should be refused renewal, suspended or revoked,
16 a written ruling to that effect shall be entered. The
17 Department of Professional Regulation's ruling shall remain
18 in effect until the ruling is terminated by its own terms or
19 subsequent ruling or is dissolved by a circuit court upon a
20 determination that the refusal to renew suspension or
21 revocation was wholly without basis in fact and law.
22 (Source: P.A. 88-142.)
23 Section 5-545. The Unified Code of Corrections is amended
24 by changing Sections 3-2-2, 3-5-3, and 3-11-1 as follows:
25 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
26 Sec. 3-2-2. Powers and Duties of the Department.
27 (1) In addition to the powers, duties and
28 responsibilities which are otherwise provided by law, the
29 Department shall have the following powers:
30 (a) To accept persons committed to it by the courts
31 of this State for care, custody, treatment and
32 rehabilitation.
HB0236 Engrossed -696- LRB9100031DJcdA
1 (b) To develop and maintain reception and
2 evaluation units for purposes of analyzing the custody
3 and rehabilitation needs of persons committed to it and
4 to assign such persons to institutions and programs under
5 its control or transfer them to other appropriate
6 agencies. In consultation with the Department of
7 Alcoholism and Substance Abuse (now the Department of
8 Human Services), the Department of Corrections shall
9 develop a master plan for the screening and evaluation of
10 persons committed to its custody who have alcohol or drug
11 abuse problems, and for making appropriate treatment
12 available to such persons; the Department shall report to
13 the General Assembly on such plan not later than April 1,
14 1987. The maintenance and implementation of such plan
15 shall be contingent upon the availability of funds.
16 (b-5) To develop, in consultation with the
17 Department of State Police, a program for tracking and
18 evaluating each inmate from commitment through release
19 for recording his or her gang affiliations, activities,
20 or ranks.
21 (c) To maintain and administer all State
22 correctional institutions and facilities under its
23 control and to establish new ones as needed. Pursuant to
24 its power to establish new institutions and facilities,
25 the Department may, with the written approval of the
26 Governor, authorize the Department of Central Management
27 Services to enter into an agreement of the type described
28 in subsection (d) of Section 405-300 67.02 of the
29 Department of Central Management Services Law (20 ILCS
30 405/405-300) Civil Administrative Code of Illinois. The
31 Department shall designate those institutions which shall
32 constitute the State Penitentiary System.
33 Pursuant to its power to establish new institutions
34 and facilities, the Department may authorize the
HB0236 Engrossed -697- LRB9100031DJcdA
1 Department of Central Management Services to accept bids
2 from counties and municipalities for the construction,
3 remodeling or conversion of a structure to be leased to
4 the Department of Corrections for the purposes of its
5 serving as a correctional institution or facility. Such
6 construction, remodeling or conversion may be financed
7 with revenue bonds issued pursuant to the Industrial
8 Building Revenue Bond Act by the municipality or county.
9 The lease specified in a bid shall be for a term of not
10 less than the time needed to retire any revenue bonds
11 used to finance the project, but not to exceed 40 years.
12 The lease may grant to the State the option to purchase
13 the structure outright.
14 Upon receipt of the bids, the Department may certify
15 one or more of the bids and shall submit any such bids to
16 the General Assembly for approval. Upon approval of a
17 bid by a constitutional majority of both houses of the
18 General Assembly, pursuant to joint resolution, the
19 Department of Central Management Services may enter into
20 an agreement with the county or municipality pursuant to
21 such bid.
22 (c-5) To build and maintain regional juvenile
23 detention centers and to charge a per diem to the
24 counties as established by the Department to defray the
25 costs of housing each minor in a center. In this
26 subsection (c-5), "juvenile detention center" means a
27 facility to house minors during pendency of trial who
28 have been transferred from proceedings under the Juvenile
29 Court Act of 1987 to prosecutions under the criminal laws
30 of this State in accordance with Section 5-805 of the
31 Juvenile Court Act of 1987, whether the transfer was by
32 operation of law or permissive under that Section. The
33 Department shall designate the counties to be served by
34 each regional juvenile detention center.
HB0236 Engrossed -698- LRB9100031DJcdA
1 (d) To develop and maintain programs of control,
2 rehabilitation and employment of committed persons within
3 its institutions.
4 (e) To establish a system of supervision and
5 guidance of committed persons in the community.
6 (f) To establish in cooperation with the Department
7 of Transportation to supply a sufficient number of
8 prisoners for use by the Department of Transportation to
9 clean up the trash and garbage along State, county,
10 township, or municipal highways as designated by the
11 Department of Transportation. The Department of
12 Corrections, at the request of the Department of
13 Transportation, shall furnish such prisoners at least
14 annually for a period to be agreed upon between the
15 Director of Corrections and the Director of
16 Transportation. The prisoners used on this program shall
17 be selected by the Director of Corrections on whatever
18 basis he deems proper in consideration of their term,
19 behavior and earned eligibility to participate in such
20 program - where they will be outside of the prison
21 facility but still in the custody of the Department of
22 Corrections. Prisoners convicted of first degree murder,
23 or a Class X felony, or armed violence, or aggravated
24 kidnapping, or criminal sexual assault, aggravated
25 criminal sexual abuse or a subsequent conviction for
26 criminal sexual abuse, or forcible detention, or arson,
27 or a prisoner adjudged a Habitual Criminal shall not be
28 eligible for selection to participate in such program.
29 The prisoners shall remain as prisoners in the custody of
30 the Department of Corrections and such Department shall
31 furnish whatever security is necessary. The Department of
32 Transportation shall furnish trucks and equipment for the
33 highway cleanup program and personnel to supervise and
34 direct the program. Neither the Department of Corrections
HB0236 Engrossed -699- LRB9100031DJcdA
1 nor the Department of Transportation shall replace any
2 regular employee with a prisoner.
3 (g) To maintain records of persons committed to it
4 and to establish programs of research, statistics and
5 planning.
6 (h) To investigate the grievances of any person
7 committed to the Department, to inquire into any alleged
8 misconduct by employees or committed persons, and to
9 investigate the assets of committed persons to implement
10 Section 3-7-6 of this Code; and for these purposes it may
11 issue subpoenas and compel the attendance of witnesses
12 and the production of writings and papers, and may
13 examine under oath any witnesses who may appear before
14 it; to also investigate alleged violations of a parolee's
15 or releasee's conditions of parole or release; and for
16 this purpose it may issue subpoenas and compel the
17 attendance of witnesses and the production of documents
18 only if there is reason to believe that such procedures
19 would provide evidence that such violations have
20 occurred.
21 If any person fails to obey a subpoena issued under
22 this subsection, the Director may apply to any circuit
23 court to secure compliance with the subpoena. The
24 failure to comply with the order of the court issued in
25 response thereto shall be punishable as contempt of
26 court.
27 (i) To appoint and remove the chief administrative
28 officers, and administer programs of training and
29 development of personnel of the Department. Personnel
30 assigned by the Department to be responsible for the
31 custody and control of committed persons or to
32 investigate the alleged misconduct of committed persons
33 or employees or alleged violations of a parolee's or
34 releasee's conditions of parole shall be conservators of
HB0236 Engrossed -700- LRB9100031DJcdA
1 the peace for those purposes, and shall have the full
2 power of peace officers outside of the facilities of the
3 Department in the protection, arrest, retaking and
4 reconfining of committed persons or where the exercise of
5 such power is necessary to the investigation of such
6 misconduct or violations.
7 (j) To cooperate with other departments and
8 agencies and with local communities for the development
9 of standards and programs for better correctional
10 services in this State.
11 (k) To administer all moneys and properties of the
12 Department.
13 (l) To report annually to the Governor on the
14 committed persons, institutions and programs of the
15 Department.
16 (l-5) In a confidential annual report to the
17 Governor, the Department shall identify all inmate gangs
18 by specifying each current gang's name, population and
19 allied gangs. The Department shall further specify the
20 number of top leaders identified by the Department for
21 each gang during the past year, and the measures taken by
22 the Department to segregate each leader from his or her
23 gang and allied gangs. The Department shall further
24 report the current status of leaders identified and
25 segregated in previous years. All leaders described in
26 the report shall be identified by inmate number or other
27 designation to enable tracking, auditing, and
28 verification without revealing the names of the leaders.
29 Because this report contains law enforcement intelligence
30 information collected by the Department, the report is
31 confidential and not subject to public disclosure.
32 (m) To make all rules and regulations and exercise
33 all powers and duties vested by law in the Department.
34 (n) To establish rules and regulations for
HB0236 Engrossed -701- LRB9100031DJcdA
1 administering a system of good conduct credits,
2 established in accordance with Section 3-6-3, subject to
3 review by the Prisoner Review Board.
4 (o) To administer the distribution of funds from
5 the State Treasury to reimburse counties where State
6 penal institutions are located for the payment of
7 assistant state's attorneys' salaries under Section
8 4-2001 of the Counties Code.
9 (p) To exchange information with the Department of
10 Human Services and the Illinois Department of Public Aid
11 for the purpose of verifying living arrangements and for
12 other purposes directly connected with the administration
13 of this Code and the Illinois Public Aid Code.
14 (q) To establish a diversion program.
15 The program shall provide a structured environment
16 for selected technical parole or mandatory supervised
17 release violators and committed persons who have violated
18 the rules governing their conduct while in work release.
19 This program shall not apply to those persons who have
20 committed a new offense while serving on parole or
21 mandatory supervised release or while committed to work
22 release.
23 Elements of the program shall include, but shall not
24 be limited to, the following:
25 (1) The staff of a diversion facility shall
26 provide supervision in accordance with required
27 objectives set by the facility.
28 (2) Participants shall be required to maintain
29 employment.
30 (3) Each participant shall pay for room and
31 board at the facility on a sliding-scale basis
32 according to the participant's income.
33 (4) Each participant shall:
34 (A) provide restitution to victims in
HB0236 Engrossed -702- LRB9100031DJcdA
1 accordance with any court order;
2 (B) provide financial support to his
3 dependents; and
4 (C) make appropriate payments toward any
5 other court-ordered obligations.
6 (5) Each participant shall complete community
7 service in addition to employment.
8 (6) Participants shall take part in such
9 counseling, educational and other programs as the
10 Department may deem appropriate.
11 (7) Participants shall submit to drug and
12 alcohol screening.
13 (8) The Department shall promulgate rules
14 governing the administration of the program.
15 (r) To enter into intergovernmental cooperation
16 agreements under which persons in the custody of the
17 Department may participate in a county impact
18 incarceration program established under Section 3-6038 or
19 3-15003.5 of the Counties Code.
20 (r-5) To enter into intergovernmental cooperation
21 agreements under which minors adjudicated delinquent and
22 committed to the Department of Corrections, Juvenile
23 Division, may participate in a county juvenile impact
24 incarceration program established under Section 3-6039 of
25 the Counties Code.
26 (r-10) To systematically and routinely identify
27 with respect to each streetgang active within the
28 correctional system: (1) each active gang; (2) every
29 existing inter-gang affiliation or alliance; and (3) the
30 current leaders in each gang. The Department shall
31 promptly segregate leaders from inmates who belong to
32 their gangs and allied gangs. "Segregate" means no
33 physical contact and, to the extent possible under the
34 conditions and space available at the correctional
HB0236 Engrossed -703- LRB9100031DJcdA
1 facility, prohibition of visual and sound communication.
2 For the purposes of this paragraph (r-10), "leaders"
3 means persons who:
4 (i) are members of a criminal streetgang;
5 (ii) with respect to other individuals within
6 the streetgang, occupy a position of organizer,
7 supervisor, or other position of management or
8 leadership; and
9 (iii) are actively and personally engaged in
10 directing, ordering, authorizing, or requesting
11 commission of criminal acts by others, which are
12 punishable as a felony, in furtherance of streetgang
13 related activity both within and outside of the
14 Department of Corrections.
15 "Streetgang", "gang", and "streetgang related" have the
16 meanings ascribed to them in Section 10 of the Illinois
17 Streetgang Terrorism Omnibus Prevention Act.
18 (s) To operate a super-maximum security
19 institution, in order to manage and supervise inmates who
20 are disruptive or dangerous and provide for the safety
21 and security of the staff and the other inmates.
22 (t) To monitor any unprivileged conversation or any
23 unprivileged communication, whether in person or by
24 mail, telephone, or other means, between an inmate who,
25 before commitment to the Department, was a member of an
26 organized gang and any other person without the need to
27 show cause or satisfy any other requirement of law before
28 beginning the monitoring, except as constitutionally
29 required. The monitoring may be by video, voice, or other
30 method of recording or by any other means. As used in
31 this subdivision (1)(t), "organized gang" has the meaning
32 ascribed to it in Section 10 of the Illinois Streetgang
33 Terrorism Omnibus Prevention Act.
34 As used in this subdivision (1)(t), "unprivileged
HB0236 Engrossed -704- LRB9100031DJcdA
1 conversation" or "unprivileged communication" means a
2 conversation or communication that is not protected by
3 any privilege recognized by law or by decision, rule, or
4 order of the Illinois Supreme Court.
5 (u) To establish a Women's and Children's
6 Pre-release Community Supervision Program for the purpose
7 of providing housing and services to eligible female
8 inmates, as determined by the Department, and their
9 newborn and young children.
10 (v) To do all other acts necessary to carry out the
11 provisions of this Chapter.
12 (2) The Department of Corrections shall by January 1,
13 1998, consider building and operating a correctional facility
14 within 100 miles of a county of over 2,000,000 inhabitants,
15 especially a facility designed to house juvenile participants
16 in the impact incarceration program.
17 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
18 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
19 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
20 eff. 12-31-96; 90-14, eff. 7-1-97; 90-590, eff. 1-1-99;
21 90-658, eff. 1-1-99; revised 9-16-98.)
22 (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
23 Sec. 3-5-3. Annual and other Reports. (a) The Director
24 shall make an annual report to the Governor under Section
25 5-650 25 of the Departments of State Government Law (20 ILCS
26 5/5-650) Civil Administrative Code of Illinois, concerning
27 the state and condition of all persons committed to the
28 Department, its institutions, facilities and programs, of all
29 moneys expended and received, and on what accounts expended
30 and received. The report may also include an abstract of all
31 reports made to the Department by individual institutions,
32 facilities or programs during the preceding year.
33 (b) The Director shall make an annual report to the
HB0236 Engrossed -705- LRB9100031DJcdA
1 Governor and to the State Legislature on any inadequacies in
2 the institutions, facilities or programs of the Department
3 and also such amendments to the laws of the State which in
4 his judgment are necessary in order to best advance the
5 purposes of this Code.
6 (c) The Director may require such reports from division
7 administrators, chief administrative officers and other
8 personnel as he deems necessary for the administration of the
9 Department.
10 (d) The Department of Corrections shall, by January 1,
11 1990, January 1, 1991, and every 2 years thereafter, transmit
12 to the Governor and the General Assembly a 5 year long range
13 planning document for adult female offenders under the
14 Department's supervision. The document shall detail how the
15 Department plans to meet the housing, educational/training,
16 Correctional Industries and programming needs of the
17 escalating adult female offender population.
18 (Source: P.A. 86-1001.)
19 (730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
20 Sec. 3-11-1. Furloughs. (a) The Department may extend
21 the limits of the place of confinement of a committed person
22 under prescribed conditions, so that he may leave such place
23 on a furlough. Whether or not such person is to be
24 accompanied on furlough shall be determined by the chief
25 administrative officer. The Department may make an
26 appropriate charge for the necessary expenses of accompanying
27 a person on furlough. Such furloughs may be granted for a
28 period of time not to exceed 14 days, for any of the
29 following purposes:
30 (1) to visit a spouse, child (including a stepchild or
31 adopted child), parent (including a stepparent or foster
32 parent), grandparent (including stepgrandparent) or brother
33 or sister who is seriously ill or to attend the funeral of
HB0236 Engrossed -706- LRB9100031DJcdA
1 any such person; or
2 (2) to obtain medical, psychiatric or psychological
3 services when adequate services are not otherwise available;
4 or
5 (3) to make contacts for employment; or
6 (4) to secure a residence upon release on parole or
7 discharge; or
8 (5) to visit such person's family; or
9 (6) to appear before various educational panels, study
10 groups, educational units, and other groups whose purpose is
11 obtaining an understanding of the results, causes and
12 prevention of crime and criminality, including appearances on
13 television and radio programs.
14 (b) Furloughs may be granted for any period of time
15 under paragraph 13 of Section 2605-525 55a of the Department
16 of State Police Law (20 ILCS 2605/2605-525) Civil
17 Administrative Code of Illinois.
18 (c) In any case where the person furloughed is not to be
19 accompanied on furlough, the Department of Corrections shall
20 give prior notice of the intended furlough to the State's
21 Attorney of the county from which the offender was sentenced
22 originally, the State's Attorney of the county where the
23 furlough is to occur, and to the Sheriff of the county where
24 the furlough is to occur. Said prior notice is to be in
25 writing except in situations where the reason for the
26 furlough is of such an emergency nature that previous written
27 notice would not be possible. In such cases, oral notice of
28 the furlough shall occur.
29 (Source: P.A. 86-820.)
30 Section 5-550. The Illinois Human Rights Act is amended
31 by changing Section 7-105 as follows:
32 (775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
HB0236 Engrossed -707- LRB9100031DJcdA
1 Sec. 7-105. Equal Employment Opportunities; Affirmative
2 Action. In order to establish and effectuate the policies of
3 equal employment opportunity and affirmative action, the
4 Department shall, with respect to state executive
5 departments, boards, commissions and instrumentalities and
6 any party to a public contract:
7 (A) Policies; Rules; Regulations. Establish equal
8 employment opportunity and affirmative action policies, rules
9 and regulations which specify plans, programs and reporting
10 procedures. Such rules may provide for exemptions or
11 modifications as may be necessary to assure the continuity of
12 federal requirements in State agencies supported in whole or
13 in part by federal funds.
14 (B) Minimum Compliance Criteria. Establish minimum
15 compliance criteria and procedures for evaluating equal
16 employment opportunity and affirmative action programs and
17 plans.
18 (C) Technical Assistance. Provide technical assistance,
19 training, and advice for the establishment and implementation
20 of required programs.
21 (D) Meetings. Hold meetings at least annually with the
22 head of each State agency and when necessary with any party
23 to a public contract to:
24 (1) Review equal employment opportunity plans and
25 progress, performance and problems in meeting equal
26 opportunity goals.
27 (2) Recommend appropriate changes to the plans and
28 procedures and the methods employed to implement the
29 plans.
30 (E) Report. Include within its annual report, filed
31 pursuant to Section 5-650 25 of the Departments of State
32 Government Law (20 ILCS 5/5-650) Civil Administrative Code,
33 the progress, performance, and problems of meeting equal
34 opportunity goals, and the identity of any State agency which
HB0236 Engrossed -708- LRB9100031DJcdA
1 fails to comply with the requirements of this Act and the
2 circumstances surrounding such violation.
3 (F) Personnel Operations. Periodically review personnel
4 operations of State agencies to assure their conformity with
5 this Act and the agency's plan.
6 (G) Equal Employment Opportunity Officers. Approve the
7 appointment of equal employment opportunity officers hired
8 pursuant to subparagraph (4) of paragraph (B) of Section
9 2-105.
10 (H) Enforcement. Require State agencies which fail to
11 meet their affirmative action and equal employment
12 opportunity goals by equal employment opportunity category to
13 establish necessary training programs for preparation and
14 promotion of the category of individuals affected by the
15 failure. An agency required to establish training programs
16 under this subsection shall do so in cooperation with the
17 Department of Central Management Services as provided in
18 Section 405-125 67.31 of the Department of Central Management
19 Services Law (20 ILCS 405/405-125) Civil Administrative Code
20 of Illinois.
21 The Department by rule or regulation shall provide for
22 the implementation of this subsection. Such rules or
23 regulations shall prescribe but not be limited to the
24 following:
25 (1) the circumstances and conditions which
26 constitute an agency's failure to meet its affirmative
27 action and equal employment opportunity goals;
28 (2) the time period for measuring success or
29 failure in reaching affirmative action and equal
30 employment opportunity goals; and
31 (3) that training programs shall be limited to
32 State employees.
33 This subsection shall not be construed to conflict with
34 any contract between the State and any party which is
HB0236 Engrossed -709- LRB9100031DJcdA
1 approved and ratified by or on September 11, 1990.
2 (Source: P.A. 86-1411; 86-1475.)
3 Section 5-555. The Assumed Business Name Act is amended
4 by changing Section 5 as follows:
5 (805 ILCS 405/5) (from Ch. 96, par. 8)
6 Sec. 5. Any person or persons carrying on, conducting or
7 transacting business as aforesaid, who shall fail to comply
8 with the provisions of this Act, shall be guilty of a Class C
9 misdemeanor, and each day any person or persons conducts
10 business in violation of this Act shall be deemed a separate
11 offense.
12 A person shall be exempt from prosecution for a violation
13 of this Act if he is a peace officer who uses a false or
14 fictitious business name in the enforcement of the criminal
15 laws; provided such use is approved in writing by one of the
16 following:
17 (a) In all counties, the respective State's Attorney;
18 (b) The Director of State Police under Section 2605-200
19 55a of the Department of State Police Law (20 ILCS
20 2605/2605-200) Civil Administrative Code of Illinois; or
21 (c) In cities over 1,000,000, the Superintendent of
22 Police.
23 (Source: P.A. 84-25.)
24 Section 5-560. The Uniform Commercial Code is amended by
25 changing Section 1-104a as follows:
26 (810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a)
27 Sec. 1-104a. Legislative Intent. If any provision of this
28 Act conflicts with Section 205-410 40.23 of the Department of
29 Agriculture Law (20 ILCS 205/205-410) Civil Administrative
30 Code of Illinois, the provisions of that Section 205-410
HB0236 Engrossed -710- LRB9100031DJcdA
1 40.23 of the Civil Administrative Code of Illinois control.
2 If any provision of this Act conflicts with the Grain Code,
3 the provisions of the Grain Code control.
4 (Source: P.A. 89-287, eff. 1-1-96.)
5 Section 5-565. The Employee Arbitration Act is amended by
6 changing Section 4 as follows:
7 (820 ILCS 35/4) (from Ch. 10, par. 22)
8 Sec. 4. Upon receipt of the application, and after such
9 notice, the Department shall proceed as before provided. The
10 decision, in the discretion of the Director of Labor, may be
11 published in the annual report to be made to the Governor on
12 or before the first day of December of each year, as required
13 by Section 5-650 25 of "the Departments of State Government
14 Law (20 ILCS 5/5-650) Civil Administrative Code of Illinois",
15 approved March 17, 1917, as amended.
16 (Source: Laws 1951, p. 447.)
17 Section 5-575. The Unemployment Insurance Act is amended
18 by changing Sections 243 and 1511 as follows:
19 (820 ILCS 405/243) (from Ch. 48, par. 353)
20 Sec. 243. "Board of Review" means the Board of Review
21 created by Section 5-125 5 of "the Departments of State
22 Government Law (20 ILCS 5/5-125) Civil Administrative Code of
23 Illinois," approved March 7, 1917, as amended.
24 (Source: Laws 1951, p. 32.)
25 (820 ILCS 405/1511) (from Ch. 48, par. 581)
26 Sec. 1511. Study of experience rating. The Employment
27 Security Advisory Board, created by Section 5-540 6.28 of the
28 Departments of State Government Law (20 ILCS 5/5-540) Civil
29 Administrative Code of Illinois, is hereby authorized and
HB0236 Engrossed -711- LRB9100031DJcdA
1 directed to study and examine the present provisions of this
2 Act providing for experience rating, in order to determine
3 whether the rates of contribution will operate to replenish
4 the amount of benefits paid and to determine the effect of
5 experience rating upon labor and industry in this State.
6 The Board shall submit its findings and recommendations
7 based thereon to the General Assembly. The Board may employ
8 such experts and assistants as may be necessary to carry out
9 the provisions of this Section. All expenses incurred in the
10 making of this study, including the preparation and
11 submission of its findings and recommendations, shall be paid
12 in the same manner as is provided for the payment of costs of
13 administration of this Act.
14 (Source: P.A. 90-372, eff. 7-1-98.)
15 ARTICLE 10. REPEALS
16 (20 ILCS 605/46.20 rep.)
17 Section 10-5. The Civil Administrative Code of Illinois
18 is amended by repealing Section 46.20.
19 ARTICLE 95. NO ACCELERATION OR DELAY
20 Section 95-5. No acceleration or delay. Where this Act
21 makes changes in a statute that is represented in this Act by
22 text that is not yet or no longer in effect (for example, a
23 Section represented by multiple versions), the use of that
24 text does not accelerate or delay the taking effect of (i)
25 the changes made by this Act or (ii) provisions derived from
26 any other Public Act.
27 ARTICLE 98. DISPOSITION AND DERIVATION TABLES
28 Section 98-1. Explanation. This Article is included
HB0236 Engrossed -712- LRB9100031DJcdA
1 only for informational purposes to show the following:
2 (1) How Sections of the Civil Administrative Code of
3 Illinois as amended through Public Act 90-795 and revised
4 by the Legislative Reference Bureau through October 28,
5 1998 are disposed of into that Code as renumbered and
6 rearranged by this Act.
7 (2) How Sections of the Civil Administrative Code of
8 Illinois as renumbered and rearranged by this Act are
9 derived from that Code as amended through Public Act
10 90-795 and revised by the Legislative Reference Bureau
11 through October 28, 1998.
12 This Article is repealed on the effective date of this
13 Act.
14 Section 98-5. Disposition table.
15 OLD AS CODIFIED BY THIS ACT
16 5 ILCS 620/42...................... 5 ILCS 620/250-5
17 15 ILCS 20/38...................... 15 ILCS 20/50-5
18 15 ILCS 20/38.1.................... 15 ILCS 20/50-10
19 15 ILCS 20/38.2.................... 15 ILCS 20/50-15
20 15 ILCS 20/38.3.................... 15 ILCS 20/50-20
21 20 ILCS 5/1........................ 20 ILCS 5/1-1
22 20 ILCS 5/2........................ 20 ILCS 5/5-5
23 20 ILCS 5/2.1...................... 20 ILCS 5/5-10
24 20 ILCS 5/3........................ 20 ILCS 5/5-15
25 20 ILCS 5/4........................ 20 ILCS 5/5-20
26 20 ILCS 5/5........................ 20 ILCS 5/5-100
27 20 ILCS 5/5.01a.................... 20 ILCS 5/5-190
28 20 ILCS 5/5.02..................... 20 ILCS 5/5-110
29 20 ILCS 5/5.03..................... 20 ILCS 5/5-145
30 20 ILCS 5/5.04..................... 20 ILCS 5/5-155
31 20 ILCS 5/5.05..................... 20 ILCS 5/5-185
HB0236 Engrossed -713- LRB9100031DJcdA
1 20 ILCS 5/5.07..................... 20 ILCS 5/5-170
2 20 ILCS 5/5.09..................... 20 ILCS 5/5-150
3 20 ILCS 5/5.10..................... 20 ILCS 5/5-140
4 20 ILCS 5/5.11..................... 20 ILCS 5/5-180
5 20 ILCS 5/5.12..................... 20 ILCS 5/5-175
6 20 ILCS 5/5.13b.................... 20 ILCS 5/5-130
7 20 ILCS 5/5.13c.................... 20 ILCS 5/5-165
8 20 ILCS 5/5.13e.................... 20 ILCS 5/5-115
9 20 ILCS 5/5.13g.................... 20 ILCS 5/5-120
10 20 ILCS 5/5.13h.................... 20 ILCS 5/5-160
11 20 ILCS 5/5.13i.................... 20 ILCS 5/5-125
12 20 ILCS 5/5.13j.................... 20 ILCS 5/5-135
13 20 ILCS 5/5.14..................... 20 ILCS 5/5-105
14 20 ILCS 5/6........................ 20 ILCS 5/5-500
15 20 ILCS 5/6.01..................... 20 ILCS 5/5-525
16 20 ILCS 5/6.01a.................... 20 ILCS 5/5-530
17 20 ILCS 5/6.02..................... 20 ILCS 5/5-555
18 20 ILCS 5/6.02a.................... 20 ILCS 5/5-570
19 20 ILCS 5/6.04..................... 20 ILCS 5/5-545
20 20 ILCS 5/6.06..................... 20 ILCS 5/5-565
21 20 ILCS 5/6.08..................... 20 ILCS 5/5-560
22 20 ILCS 5/6.15..................... 20 ILCS 5/5-535
23 20 ILCS 5/6.23..................... 20 ILCS 5/5-550
24 20 ILCS 5/6.27..................... 20 ILCS 5/5-520
25 20 ILCS 5/6.28..................... 20 ILCS 5/5-540
26 20 ILCS 5/7.01..................... 20 ILCS 5/5-540
27 20 ILCS 5/7.03..................... 20 ILCS 5/5-235
28 20 ILCS 5/7.04..................... 20 ILCS 5/5-225
29 20 ILCS 5/7.04a.................... 20 ILCS 5/5-570
30 20 ILCS 5/7.06..................... 20 ILCS 5/5-215
31 20 ILCS 5/7.07b.................... 20 ILCS 5/5-220
32 20 ILCS 5/7.08..................... 20 ILCS 5/5-210
33 20 ILCS 5/7.09..................... 20 ILCS 5/5-230
34 20 ILCS 5/7.11..................... 20 ILCS 5/5-200
HB0236 Engrossed -714- LRB9100031DJcdA
1 20 ILCS 5/8........................ 20 ILCS 5/5-505
2 20 ILCS 5/8.1...................... 20 ILCS 5/5-510
3 20 ILCS 5/9........................ 20 ILCS 5/5-300
4 20 ILCS 5/9.01..................... 20 ILCS 5/5-305
5 20 ILCS 5/9.02..................... 20 ILCS 5/5-315
6 20 ILCS 5/9.03..................... 20 ILCS 5/5-365
7 20 ILCS 5/9.04..................... 20 ILCS 5/5-380
8 20 ILCS 5/9.05..................... 20 ILCS 5/5-415
9 20 ILCS 5/9.05a.................... 20 ILCS 5/5-355
10 20 ILCS 5/9.07..................... 20 ILCS 5/5-400
11 20 ILCS 5/9.08..................... 20 ILCS 5/5-390
12 20 ILCS 5/9.09..................... 20 ILCS 5/5-375
13 20 ILCS 5/9.10..................... 20 ILCS 5/5-360
14 20 ILCS 5/9.11..................... 20 ILCS 5/5-410
15 20 ILCS 5/9.11a.................... 20 ILCS 5/5-335
16 20 ILCS 5/9.12..................... 20 ILCS 5/5-405
17 20 ILCS 5/9.15..................... 20 ILCS 5/5-345
18 20 ILCS 5/9.16..................... 20 ILCS 5/5-325
19 20 ILCS 5/9.17..................... 20 ILCS 5/5-395
20 20 ILCS 5/9.18..................... 20 ILCS 5/5-330
21 20 ILCS 5/9.19..................... 20 ILCS 5/5-320
22 20 ILCS 5/9.21..................... 20 ILCS 5/5-310
23 20 ILCS 5/9.22..................... 20 ILCS 5/5-420
24 20 ILCS 5/9.24..................... 20 ILCS 5/5-350
25 20 ILCS 5/9.25..................... 20 ILCS 5/5-385
26 20 ILCS 5/9.29..................... 20 ILCS 310/310-5
27 20 ILCS 5/9.30..................... 20 ILCS 5/5-340
28 20 ILCS 5/9.31..................... 20 ILCS 5/5-370
29 20 ILCS 5/10....................... 20 ILCS 5/5-515
30 20 ILCS 5/11....................... 20 ILCS 5/5-600
31 20 ILCS 5/12....................... 20 ILCS 5/5-605
32 20 ILCS 5/13....................... 20 ILCS 5/5-610
33 20 ILCS 5/14....................... 20 ILCS 5/5-615
34 20 ILCS 5/15....................... 20 ILCS 5/5-620
HB0236 Engrossed -715- LRB9100031DJcdA
1 20 ILCS 5/16....................... 20 ILCS 5/5-625
2 20 ILCS 5/17....................... 20 ILCS 5/5-630
3 20 ILCS 5/18....................... 20 ILCS 5/5-635
4 20 ILCS 5/19....................... 20 ILCS 5/5-640
5 20 ILCS 5/20....................... 20 ILCS 5/5-645
6 20 ILCS 5/25....................... 20 ILCS 5/5-650
7 20 ILCS 5/26....................... 20 ILCS 5/5-655
8 20 ILCS 5/29....................... rep. 7-1-98, P.A. 90-572
9 20 ILCS 5/30....................... rep. 7-1-98, P.A. 90-572
10 20 ILCS 5/31....................... 20 ILCS 5/5-660
11 20 ILCS 5/32....................... 20 ILCS 5/5-700
12 20 ILCS 5/33....................... 20 ILCS 5/5-705
13 20 ILCS 5/34....................... 20 ILCS 5/5-95
14 20 ILCS 5/34.1..................... 20 ILCS 405/405-400
15 20 ILCS 5/34.2..................... 20 ILCS 1005/1005-150
16 20 ILCS 5/51....................... 20 ILCS 5/5-675
17 20 ILCS 110/69..................... 20 ILCS 110/110-5
18 20 ILCS 205/40..................... 20 ILCS 205/205-10
19 20 ILCS 205/40.4................... 20 ILCS 205/205-300
20 20 ILCS 205/40.6................... 20 ILCS 205/205-345
21 20 ILCS 205/40.7................... 20 ILCS 205/205-15
22 20 ILCS 205/40.7a.................. 20 ILCS 205/205-20
23 20 ILCS 205/40.7b.................. 20 ILCS 205/205-27
24 20 ILCS 205/40.8................... 20 ILCS 205/205-15
25 20 ILCS 205/40.9................... 20 ILCS 205/205-30
26 20 ILCS 205/40.10.................. 20 ILCS 205/205-35
27 20 ILCS 205/40.11.................. 20 ILCS 205/205-100
28 20 ILCS 205/40.12.................. 20 ILCS 205/205-305
29 20 ILCS 205/40.13.................. 20 ILCS 205/205-205
30 20 ILCS 205/40.14.................. 20 ILCS 205/205-25
31 20 ILCS 205/40.15.................. 20 ILCS 205/205-420
32 20 ILCS 205/40.16.................. 20 ILCS 205/205-200
33 20 ILCS 205/40.17.................. 20 ILCS 205/205-315
HB0236 Engrossed -716- LRB9100031DJcdA
1 20 ILCS 205/40.18.................. 20 ILCS 205/205-320
2 20 ILCS 205/40.19.................. 20 ILCS 205/205-325
3 20 ILCS 205/40.20.................. 20 ILCS 205/205-400
4 20 ILCS 205/40.21.................. 20 ILCS 205/205-335
5 20 ILCS 205/40.22.................. 20 ILCS 205/205-405
6 20 ILCS 205/40.23.................. 20 ILCS 205/205-410
7 20 ILCS 205/40.24.................. 20 ILCS 205/205-105
8 20 ILCS 205/40.25.................. 20 ILCS 205/205-350
9 20 ILCS 205/40.26.................. 20 ILCS 205/205-355
10 20 ILCS 205/40.27.................. 20 ILCS 205/205-55
11 20 ILCS 205/40.28.................. 20 ILCS 205/205-110
12 20 ILCS 205/40.31.................. 20 ILCS 205/205-40
13 20 ILCS 205/40.32.................. 20 ILCS 205/205-330
14 20 ILCS 205/40.33.................. 20 ILCS 205/205-310
15 20 ILCS 205/40.34.................. 20 ILCS 205/205-430
16 20 ILCS 205/40.35.................. 20 ILCS 205/205-60
17 20 ILCS 205/40.36.................. 20 ILCS 205/205-45
18 20 ILCS 205/40.37.................. 20 ILCS 205/205-425
19 20 ILCS 205/40.38.................. 20 ILCS 205/205-115
20 20 ILCS 205/40.39.................. 20 ILCS 205/205-340
21 20 ILCS 205/40.40.................. 20 ILCS 205/205-50
22 20 ILCS 205/40.42.................. 20 ILCS 205/205-415
23 20 ILCS 405/35.2................... 20 ILCS 405/405-5
24 20 ILCS 405/35.3................... 20 ILCS 405/405-10
25 20 ILCS 405/35.4................... 20 ILCS 405/405-15
26 20 ILCS 405/35.7................... 20 ILCS 405/405-20
27 20 ILCS 405/35.7a.................. 20 ILCS 405/405-250
28 20 ILCS 405/35.7b.................. rep. 7-1-98, P.A. 90-572
29 20 ILCS 405/35.7c.................. 20 ILCS 405/405-260
30 20 ILCS 405/35.8................... 20 ILCS 405/405-255
31 20 ILCS 405/35.9................... 20 ILCS 405/405-220
32 20 ILCS 405/64..................... 20 ILCS 405/405-100
33 20 ILCS 405/64.1................... 20 ILCS 405/405-105
34 20 ILCS 405/64.2................... 20 ILCS 405/405-110
HB0236 Engrossed -717- LRB9100031DJcdA
1 20 ILCS 405/64.3................... 20 ILCS 405/405-115
2 20 ILCS 405/67..................... 20 ILCS 405/405-200
3 20 ILCS 405/67.01.................. rep. 7-1-98, P.A. 90-572
4 20 ILCS 405/67.02.................. 20 ILCS 405/405-300
5 20 ILCS 405/67.04.................. rep. 7-1-98, P.A. 90-572
6 20 ILCS 405/67.05.................. 20 ILCS 405/405-240
7 20 ILCS 405/67.06.................. 20 ILCS 405/405-305
8 20 ILCS 405/67.07.................. 20 ILCS 405/405-310
9 20 ILCS 405/67.08.................. 20 ILCS 405/405-265
10 20 ILCS 405/67.09.................. 20 ILCS 405/405-225
11 20 ILCS 405/67.15.................. 20 ILCS 405/405-280
12 20 ILCS 405/67.16.................. 20 ILCS 405/405-285
13 20 ILCS 405/67.18.................. 20 ILCS 405/405-270
14 20 ILCS 405/67.20.................. 20 ILCS 405/405-30
15 20 ILCS 405/67.21.................. 20 ILCS 405/405-210
16 20 ILCS 405/67.22.................. 20 ILCS 405/405-215
17 20 ILCS 405/67.23.................. 20 ILCS 405/405-230
18 20 ILCS 405/67.24.................. 20 ILCS 405/405-315
19 20 ILCS 405/67.25.................. 20 ILCS 405/405-320
20 20 ILCS 405/67.26.................. 20 ILCS 405/405-325
21 20 ILCS 405/67.27.................. 20 ILCS 405/405-190
22 20 ILCS 405/67.28.................. 20 ILCS 405/405-130
23 20 ILCS 405/67.29.................. 20 ILCS 405/405-120
24 20 ILCS 405/67.30.................. 20 ILCS 405/405-295
25 20 ILCS 405/67.31.................. 20 ILCS 405/405-125
26 20 ILCS 405/67.32.................. 20 ILCS 405/405-290
27 20 ILCS 405/67.33.................. 20 ILCS 405/405-275
28 20 ILCS 405/67.34.................. 20 ILCS 405/405-25
29 20 ILCS 405/67.35.................. 20 ILCS 405/405-500
30 20 ILCS 510/65..................... 20 ILCS 510/510-10
31 20 ILCS 510/65.1................... 20 ILCS 510/510-15
32 20 ILCS 510/65.2................... 20 ILCS 510/510-200
33 20 ILCS 510/65.3................... 20 ILCS 510/510-95
34 20 ILCS 510/65.4................... 20 ILCS 510/510-20
HB0236 Engrossed -718- LRB9100031DJcdA
1 20 ILCS 510/65.5................... 20 ILCS 510/510-25
2 20 ILCS 510/65.6................... 20 ILCS 510/510-30
3 20 ILCS 510/65.7................... 20 ILCS 510/510-35
4 20 ILCS 510/65.8................... 20 ILCS 510/510-100
5 20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-5
6 20 ILCS 605/46.1, in part.......... 20 ILCS 605/605-10
7 20 ILCS 605/46.2................... 20 ILCS 605/605-300
8 20 ILCS 605/46.3................... 20 ILCS 605/605-310
9 20 ILCS 605/46.4................... 20 ILCS 605/605-330
10 20 ILCS 605/46.4a.................. 20 ILCS 605/605-335
11 20 ILCS 605/46.5................... 20 ILCS 605/605-320
12 20 ILCS 605/46.5a.................. 20 ILCS 605/605-405
13 20 ILCS 605/46.6................... 20 ILCS 605/605-700
14 20 ILCS 605/46.6a.................. 20 ILCS 605/605-705
15 20 ILCS 605/46.6b.................. 20 ILCS 605/605-900
16 20 ILCS 605/46.6c.................. 20 ILCS 605/605-710
17 20 ILCS 605/46.7................... 20 ILCS 605/605-200
18 20 ILCS 605/46.9................... 20 ILCS 605/605-210
19 20 ILCS 605/46.10.................. 20 ILCS 605/605-490
20 20 ILCS 605/46.11.................. 20 ILCS 605/605-85
21 20 ILCS 605/46.12.................. 20 ILCS 605/605-350
22 20 ILCS 605/46.13.................. 20 ILCS 605/605-500
23 20 ILCS 605/46.13a................. 20 ILCS 605/605-515
24 20 ILCS 605/46.14.................. 20 ILCS 605/605-610
25 20 ILCS 605/46.15.................. 20 ILCS 605/605-505
26 20 ILCS 605/46.16.................. 20 ILCS 605/605-720
27 20 ILCS 605/46.17.................. 20 ILCS 605/605-315
28 20 ILCS 605/46.19.................. 20 ILCS 605/605-495
29 20 ILCS 605/46.19a, subsec. (1).... 20 ILCS 605/605-800
30 20 ILCS 605/46.19a, subsec. (2).... 20 ILCS 605/605-355
31 20 ILCS 605/46.19a, subsec. (3).... 20 ILCS 605/605-360
32 20 ILCS 605/46.19a, subsec. (4).... 20 ILCS 605/605-365
33 20 ILCS 605/46.19a, subsec. (5).... 20 ILCS 605/605-805
34 20 ILCS 605/46.19a, subsec. (6).... 20 ILCS 605/605-810
HB0236 Engrossed -719- LRB9100031DJcdA
1 20 ILCS 605/46.19a, subsec. (7).... 20 ILCS 605/605-815
2 20 ILCS 605/46.19c................. 20 ILCS 605/605-400
3 20 ILCS 605/46.19d................. 20 ILCS 605/605-410
4 20 ILCS 605/46.19e................. 20 ILCS 605/605-615
5 20 ILCS 605/46.19f................. 20 ILCS 605/605-600
6 20 ILCS 605/46.19g................. 20 ILCS 605/605-450
7 20 ILCS 605/46.19h................. 20 ILCS 605/605-510
8 20 ILCS 605/46.19i................. 20 ILCS 605/605-325
9 20 ILCS 605/46.19j................. 20 ILCS 605/605-415
10 20 ILCS 605/46.20.................. repealed
11 20 ILCS 605/46.21.................. 20 ILCS 605/605-55
12 20 ILCS 605/46.22.................. 20 ILCS 605/605-15
13 20 ILCS 605/46.24.................. 20 ILCS 605/605-620
14 20 ILCS 605/46.25.................. 20 ILCS 605/605-625
15 20 ILCS 605/46.26.................. 20 ILCS 605/605-630
16 20 ILCS 605/46.27.................. 20 ILCS 605/605-930
17 20 ILCS 605/46.28.................. 20 ILCS 605/605-370
18 20 ILCS 605/46.29.................. 20 ILCS 605/605-20
19 20 ILCS 605/46.30a................. 20 ILCS 605/605-25
20 20 ILCS 605/46.32.................. 20 ILCS 605/605-935
21 20 ILCS 605/46.32a, subsec. (a).... 20 ILCS 605/605-850
22 20 ILCS 605/46.32a, subsec. (b).... 20 ILCS 605/605-855
23 20 ILCS 605/46.32a, subsec. (c).... 20 ILCS 605/605-860
24 20 ILCS 605/46.33.................. 20 ILCS 605/605-100
25 20 ILCS 605/46.34.................. 20 ILCS 605/605-110
26 20 ILCS 605/46.35.................. 20 ILCS 605/605-105
27 20 ILCS 605/46.36.................. 20 ILCS 605/605-115
28 20 ILCS 605/46.37.................. 20 ILCS 605/605-940
29 20 ILCS 605/46.37a................. 20 ILCS 605/605-990
30 20 ILCS 605/46.38.................. 20 ILCS 605/605-945
31 20 ILCS 605/46.38a................. 20 ILCS 605/605-950
32 20 ILCS 605/46.39.................. 20 ILCS 605/605-205
33 20 ILCS 605/46.40.................. 20 ILCS 605/605-995
34 20 ILCS 605/46.41.................. 20 ILCS 605/605-30
HB0236 Engrossed -720- LRB9100031DJcdA
1 20 ILCS 605/46.41b................. 20 ILCS 605/605-905
2 20 ILCS 605/46.42.................. 20 ILCS 605/605-95
3 20 ILCS 605/46.43.................. 20 ILCS 605/605-35
4 20 ILCS 605/46.44.................. 20 ILCS 605/605-305
5 20 ILCS 605/46.45.................. 20 ILCS 605/605-915
6 20 ILCS 605/46.47.................. 20 ILCS 605/605-920
7 20 ILCS 605/46.48.................. 20 ILCS 605/605-925
8 20 ILCS 605/46.49.................. 20 ILCS 605/605-820
9 20 ILCS 605/46.50.................. rep. 7-1-98, P.A. 90-372
10 20 ILCS 605/46.51.................. 20 ILCS 605/605-50
11 20 ILCS 605/46.52.................. 20 ILCS 605/605-65
12 20 ILCS 605/46.53.................. 20 ILCS 605/605-75
13 20 ILCS 605/46.54.................. 20 ILCS 605/605-340
14 20 ILCS 605/46.55.................. 20 ILCS 605/605-525
15 20 ILCS 605/46.56.................. 20 ILCS 605/605-910
16 20 ILCS 605/46.57.................. 20 ILCS 605/605-605
17 20 ILCS 605/46.58.................. 20 ILCS 605/605-375
18 20 ILCS 605/46.59.................. 20 ILCS 605/605-715
19 20 ILCS 605/46.60.................. 20 ILCS 605/605-380
20 20 ILCS 605/46.62.................. 20 ILCS 605/605-385
21 20 ILCS 605/46.63.................. 20 ILCS 605/605-520
22 20 ILCS 605/46.65.................. 20 ILCS 605/605-825
23 20 ILCS 605/46.66.................. 20 ILCS 605/605-675
24 20 ILCS 605/46.67.................. 20 ILCS 605/605-345
25 20 ILCS 605/46.68.................. 20 ILCS 605/605-875
26 20 ILCS 605/46.69.................. 20 ILCS 605/605-575
27 20 ILCS 605/47.2................... 20 ILCS 605/605-40
28 20 ILCS 605/47.3................... 20 ILCS 605/605-328
29 20 ILCS 805/63a.................... 20 ILCS 805/805-10
30 20 ILCS 805/63a1................... 20 ILCS 805/805-100
31 20 ILCS 805/63a2................... 20 ILCS 805/805-105
32 20 ILCS 805/63a3................... 20 ILCS 805/805-110
33 20 ILCS 805/63a4................... 20 ILCS 805/805-115
34 20 ILCS 805/63a5................... 20 ILCS 805/805-120
HB0236 Engrossed -721- LRB9100031DJcdA
1 20 ILCS 805/63a6................... 20 ILCS 805/805-235
2 20 ILCS 805/63a7................... 20 ILCS 805/805-260
3 20 ILCS 805/63a8................... 20 ILCS 805/805-130
4 20 ILCS 805/63a9................... 20 ILCS 805/805-530
5 20 ILCS 805/63a10.................. 20 ILCS 805/805-255
6 20 ILCS 805/63a11.................. 20 ILCS 805/805-520
7 20 ILCS 805/63a12.................. 20 ILCS 805/805-500
8 20 ILCS 805/63a13.................. 20 ILCS 805/805-510
9 20 ILCS 805/63a13-1................ 20 ILCS 805/805-200
10 20 ILCS 805/63a14.................. 20 ILCS 805/805-330
11 20 ILCS 805/63a15.................. 20 ILCS 805/805-525
12 20 ILCS 805/63a17.................. 20 ILCS 805/805-215
13 20 ILCS 805/63a18.................. 20 ILCS 805/805-230
14 20 ILCS 805/63a19.................. 20 ILCS 805/805-225
15 20 ILCS 805/63a20.................. 20 ILCS 805/805-250
16 20 ILCS 805/63a21.................. 20 ILCS 805/805-300
17 20 ILCS 805/63a21.1................ 20 ILCS 805/805-335
18 20 ILCS 805/63a21.2................ 20 ILCS 805/805-315
19 20 ILCS 805/63a21.3................ 20 ILCS 805/805-320
20 20 ILCS 805/63a22.................. 20 ILCS 805/805-400
21 20 ILCS 805/63a23.................. 20 ILCS 805/805-305
22 20 ILCS 805/63a24.................. 20 ILCS 805/805-310
23 20 ILCS 805/63a25.................. 20 ILCS 805/805-325
24 20 ILCS 805/63a26.................. 20 ILCS 805/805-270
25 20 ILCS 805/63a27.................. 20 ILCS 805/805-275
26 20 ILCS 805/63a28.................. 20 ILCS 805/805-515
27 20 ILCS 805/63a29.................. 20 ILCS 805/805-205
28 20 ILCS 805/63a30.................. 20 ILCS 805/805-405
29 20 ILCS 805/63a31.................. 20 ILCS 805/805-505
30 20 ILCS 805/63a32.................. 20 ILCS 805/805-410
31 20 ILCS 805/63a33.................. 20 ILCS 805/805-210
32 20 ILCS 805/63a34.................. 20 ILCS 805/805-220
33 20 ILCS 805/63a35.................. rep. 7-1-98, P.A. 90-372
34 20 ILCS 805/63a36.................. 20 ILCS 805/805-420
HB0236 Engrossed -722- LRB9100031DJcdA
1 20 ILCS 805/63a37.................. 20 ILCS 805/805-15
2 20 ILCS 805/63a38.................. 20 ILCS 805/805-30
3 20 ILCS 805/63a39.................. 20 ILCS 805/805-265
4 20 ILCS 805/63a40.................. 20 ILCS 805/805-35
5 20 ILCS 805/63a41.................. 20 ILCS 805/805-40
6 20 ILCS 805/63b.................... 20 ILCS 805/805-240
7 20 ILCS 805/63b1................... 20 ILCS 805/805-125
8 20 ILCS 805/63b1.2................. 20 ILCS 805/805-80
9 20 ILCS 805/63b2.1................. 20 ILCS 805/805-245
10 20 ILCS 805/63b2.2................. 20 ILCS 805/805-535
11 20 ILCS 805/63b2.3................. 20 ILCS 805/805-425
12 20 ILCS 805/63b2.4................. 20 ILCS 805/805-430
13 20 ILCS 805/63b2.5................. 20 ILCS 805/805-435
14 20 ILCS 805/63b2.6................. 20 ILCS 805/805-540
15 20 ILCS 805/63b2.7................. rep. 7-1-98, P.A. 90-372
16 20 ILCS 805/63b2.8................. 20 ILCS 805/805-25
17 20 ILCS 805/63b2.9................. 20 ILCS 805/805-70
18 20 ILCS 1005/43a................... 20 ILCS 1005/1005-10
19 20 ILCS 1005/43a.01................ 20 ILCS 1005/1005-100
20 20 ILCS 1005/43a.02................ 20 ILCS 1005/1005-15
21 20 ILCS 1005/43a.03................ 20 ILCS 1005/1005-30
22 20 ILCS 1005/43a.04................ 20 ILCS 1005/1005-20
23 20 ILCS 1005/43a.05................ 20 ILCS 1005/1005-25
24 20 ILCS 1005/43a.06................ 20 ILCS 1005/1005-45
25 20 ILCS 1005/43a.07................ 20 ILCS 1005/1005-35
26 20 ILCS 1005/43a.08................ 20 ILCS 1005/1005-40
27 20 ILCS 1005/43a.09................ 20 ILCS 1005/1005-105
28 20 ILCS 1005/43a.10................ 20 ILCS 1005/1005-115
29 20 ILCS 1005/43a.11................ 20 ILCS 1005/1005-50
30 20 ILCS 1005/43a.12................ 20 ILCS 1005/1005-75
31 20 ILCS 1005/43a.13................ 20 ILCS 1005/1005-120
32 20 ILCS 1005/43a.14................ 20 ILCS 1005/1005-130
33 20 ILCS 1005/44a................... 20 ILCS 1005/1005-110
HB0236 Engrossed -723- LRB9100031DJcdA
1 20 ILCS 1405/56.................... 20 ILCS 1405/1405-5
2 20 ILCS 1405/56.1.................. 20 ILCS 1405/1405-10
3 20 ILCS 1405/56.2.................. 20 ILCS 1405/1405-15
4 20 ILCS 1505/43.................... 20 ILCS 1505/1505-10
5 20 ILCS 1505/43.01................. rep. 7-1-98, P.A. 90-372
6 20 ILCS 1505/43.03................. rep. 7-1-98, P.A. 90-372
7 20 ILCS 1505/43.04................. rep. 7-1-98, P.A. 90-372
8 20 ILCS 1505/43.05................. rep. 7-1-98, P.A. 90-372
9 20 ILCS 1505/43.07................. 20 ILCS 1505/1505-15
10 20 ILCS 1505/43.08................. 20 ILCS 1505/1505-30
11 20 ILCS 1505/43.09................. 20 ILCS 1505/1505-25
12 20 ILCS 1505/43.10................. 20 ILCS 1505/1505-35
13 20 ILCS 1505/43.12................. 20 ILCS 1505/1505-40
14 20 ILCS 1505/43.13................. 20 ILCS 1505/1505-20
15 20 ILCS 1505/43.15a................ 20 ILCS 1505/1505-45
16 20 ILCS 1505/43.16................. 20 ILCS 1505/1505-50
17 20 ILCS 1505/43.17................. 20 ILCS 1505/1505-120
18 20 ILCS 1505/43.19................. rep. 7-1-98, P.A. 90-372
19 20 ILCS 1505/43.20................. 20 ILCS 1505/1505-150
20 20 ILCS 1505/43.21................. 20 ILCS 1505/1505-200
21 20 ILCS 1710/53, subsec. (a),
22 in part............................ 20 ILCS 1710/1710-10
23 20 ILCS 1710/53, subdiv. (a)1...... 20 ILCS 1710/1710-15
24 20 ILCS 1710/53, subdiv. (a)2...... 20 ILCS 1710/1710-20
25 20 ILCS 1710/53, subdiv. (a)3...... 20 ILCS 1710/1710-25
26 20 ILCS 1710/53, subdiv. (a)4...... 20 ILCS 1710/1710-20
27 20 ILCS 1710/53, subdiv. (a)5...... 20 ILCS 1710/1710-50
28 20 ILCS 1710/53, subsec. (b)....... 20 ILCS 1710/1710-75
29 20 ILCS 1710/53a................... 20 ILCS 1710/1710-30
30 20 ILCS 1710/53d................... 20 ILCS 1710/1710-100
31 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-10
32 20 ILCS 1905/45, par. 1............ 20 ILCS 1905/1905-15
33 20 ILCS 1905/45, par. 2............ 20 ILCS 1905/1905-20
HB0236 Engrossed -724- LRB9100031DJcdA
1 20 ILCS 1905/45, par. 3............ 20 ILCS 1905/1905-25
2 20 ILCS 1905/45, par. 4............ 20 ILCS 1905/1905-30
3 20 ILCS 1905/45, par. 5............ 20 ILCS 1905/1905-45
4 20 ILCS 1905/45, par. 6............ 20 ILCS 1905/1905-200
5 20 ILCS 1905/45, par. 7............ 20 ILCS 1905/1905-50,
6 subsec. (a)
7 20 ILCS 1905/45, par. 8............ 20 ILCS 1905/1905-50,
8 subsec. (b)
9 20 ILCS 1905/45, par. 9............ 20 ILCS 1905/1905-100
10 20 ILCS 1905/45, par. 10........... 20 ILCS 1905/1905-40
11 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-150
12 20 ILCS 1905/45, in part........... 20 ILCS 1905/1905-90
13 20 ILCS 1905/45.1.................. 20 ILCS 1905/1905-110
14 20 ILCS 1905/45.2.................. 20 ILCS 1905/1905-105
15 20 ILCS 1905/46.................... 20 ILCS 1905/1905-75
16 20 ILCS 1905/47.................... 20 ILCS 1905/1905-35
17 20 ILCS 2005/71, subsec. A......... 20 ILCS 2005/2005-10
18 20 ILCS 2005/71, subsec. B......... 20 ILCS 2005/2005-15
19 20 ILCS 2005/71, subsec. C......... 20 ILCS 2005/2005-35
20 20 ILCS 2005/71, subsec. D......... 20 ILCS 2005/2005-40
21 20 ILCS 2005/71, subsec. E......... 20 ILCS 2005/2005-25
22 20 ILCS 2005/71, subsec. F......... 20 ILCS 2005/2005-65
23 20 ILCS 2005/71, subsec. G......... 20 ILCS 2005/2005-70
24 20 ILCS 2005/71, subsec. H......... 20 ILCS 2005/2005-20
25 20 ILCS 2005/71, subsec. I......... 20 ILCS 2005/2005-75
26 20 ILCS 2005/71, subsec. J......... 20 ILCS 2005/2005-50
27 20 ILCS 2005/71, subsec. K......... 20 ILCS 2005/2005-45
28 20 ILCS 2005/71, subsec. L......... 20 ILCS 2005/2005-55
29 20 ILCS 2005/71, subsec. M......... 20 ILCS 2005/2005-60
30 20 ILCS 2005/71, subsec. N......... 20 ILCS 2005/2005-80
31 20 ILCS 2005/71, subsec. O......... 20 ILCS 2005/2005-85
32 20 ILCS 2005/72.................... 20 ILCS 2005/2005-30
33 20 ILCS 2105/60.................... 20 ILCS 2105/2105-15
HB0236 Engrossed -725- LRB9100031DJcdA
1 20 ILCS 2105/60.01................. 20 ILCS 2105/2105-25
2 20 ILCS 2105/60.1.................. 20 ILCS 2105/2105-200
3 20 ILCS 2105/60.2.................. 20 ILCS 2105/2105-210
4 20 ILCS 2105/60.3.................. 20 ILCS 2105/2105-205
5 20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-175
6 20 ILCS 2105/60a, in part.......... 20 ILCS 2105/2105-325
7 20 ILCS 2105/60b................... 20 ILCS 2105/2105-5
8 20 ILCS 2105/60c................... 20 ILCS 2105/2105-100
9 20 ILCS 2105/60d................... 20 ILCS 2105/2105-105
10 20 ILCS 2105/60e................... 20 ILCS 2105/2105-110
11 20 ILCS 2105/60f................... 20 ILCS 2105/2105-115
12 20 ILCS 2105/60g................... 20 ILCS 2105/2105-120
13 20 ILCS 2105/60h................... 20 ILCS 2105/2105-125
14 20 ILCS 2105/60m................... 20 ILCS 2105/2105-150
15 20 ILCS 2105/60n................... 20 ILCS 2105/2105-155
16 20 ILCS 2105/61.................... 20 ILCS 2105/2105-40
17 20 ILCS 2105/61a................... 20 ILCS 2105/2105-215
18 20 ILCS 2105/61b................... 20 ILCS 2105/2105-220
19 20 ILCS 2105/61c................... 20 ILCS 2105/2105-55
20 20 ILCS 2105/61d................... 20 ILCS 2105/2105-10
21 20 ILCS 2105/61e................... 20 ILCS 2105/2105-300
22 20 ILCS 2105/61f (formerly 110 ILCS
23 355/62.1; revised 10-28-98)........ 20 ILCS 2105/2105-75
24 20 ILCS 2205/48a................... 20 ILCS 2205/2205-5
25 20 ILCS 2205/48b................... 20 ILCS 2205/2205-10
26 20 ILCS 2310/55.................... 20 ILCS 2310/2310-10
27 20 ILCS 2310/55.02................. 20 ILCS 2310/2310-15
28 20 ILCS 2310/55.04................. 20 ILCS 2310/2310-530
29 20 ILCS 2310/55.05................. 20 ILCS 2310/2310-25
30 20 ILCS 2310/55.06................. 20 ILCS 2310/2310-555
31 20 ILCS 2310/55.07................. 20 ILCS 2310/2310-500
32 20 ILCS 2310/55.08................. 20 ILCS 2310/2310-505
33 20 ILCS 2310/55.09................. 20 ILCS 2310/2310-90
HB0236 Engrossed -726- LRB9100031DJcdA
1 20 ILCS 2310/55.10................. 20 ILCS 2310/2310-575
2 20 ILCS 2310/55.11................. 20 ILCS 2310/2310-580
3 20 ILCS 2310/55.12................. 20 ILCS 2310/2310-30
4 20 ILCS 2310/55.13................. 20 ILCS 2310/2310-250
5 20 ILCS 2310/55.14................. 20 ILCS 2310/2310-55
6 20 ILCS 2310/55.15................. 20 ILCS 2310/2310-510
7 20 ILCS 2310/55.16................. 20 ILCS 2310/2310-100
8 20 ILCS 2310/55.17................. 20 ILCS 2310/2310-20
9 20 ILCS 2310/55.18................. 20 ILCS 2310/2310-105
10 20 ILCS 2310/55.19................. 20 ILCS 2310/2310-50
11 20 ILCS 2310/55.20................. 20 ILCS 2310/2310-545
12 20 ILCS 2310/55.21................. 20 ILCS 2310/2310-535
13 20 ILCS 2310/55.22................. 20 ILCS 2310/2310-60
14 20 ILCS 2310/55.23................. 20 ILCS 2310/2310-355
15 20 ILCS 2310/55.24................. 20 ILCS 2310/2310-155
16 20 ILCS 2310/55.25................. 20 ILCS 2310/2310-110
17 20 ILCS 2310/55.26................. 20 ILCS 2310/2310-65
18 20 ILCS 2310/55.27................. 20 ILCS 2310/2310-35
19 20 ILCS 2310/55.28................. 20 ILCS 2310/2310-40
20 20 ILCS 2310/55.29................. 20 ILCS 2310/2310-45
21 20 ILCS 2310/55.30................. 20 ILCS 2310/2310-170
22 20 ILCS 2310/55.31................. 20 ILCS 2310/2310-540
23 20 ILCS 2310/55.31a................ 20 ILCS 2310/2310-385
24 20 ILCS 2310/55.31b................ 20 ILCS 2310/2310-365
25 20 ILCS 2310/55.36................. 20 ILCS 2310/2310-375
26 20 ILCS 2310/55.37................. 20 ILCS 2310/2310-135
27 20 ILCS 2310/55.37a................ 20 ILCS 2310/2310-140
28 20 ILCS 2310/55.38................. 20 ILCS 2310/2310-75
29 20 ILCS 2310/55.39................. 20 ILCS 2310/2310-195
30 20 ILCS 2310/55.40................. 20 ILCS 2310/2310-550
31 20 ILCS 2310/55.41................. 20 ILCS 2310/2310-315
32 20 ILCS 2310/55.42................. 20 ILCS 2310/2310-410
33 20 ILCS 2310/55.43................. 20 ILCS 2310/2310-335
34 20 ILCS 2310/55.44................. 20 ILCS 2310/2310-435
HB0236 Engrossed -727- LRB9100031DJcdA
1 20 ILCS 2310/55.45................. 20 ILCS 2310/2310-325
2 20 ILCS 2310/55.46................. 20 ILCS 2310/2310-330
3 20 ILCS 2310/55.49................. 20 ILCS 2310/2310-345
4 20 ILCS 2310/55.51................. 20 ILCS 2310/2310-185
5 20 ILCS 2310/55.52................. 20 ILCS 2310/2310-380
6 20 ILCS 2310/55.53................. 20 ILCS 2310/2310-200
7 20 ILCS 2310/55.54................. 20 ILCS 2310/2310-440
8 20 ILCS 2310/55.55................. 20 ILCS 2310/2310-405
9 20 ILCS 2310/55.56................. 20 ILCS 2310/2310-320
10 20 ILCS 2310/55.57................. 20 ILCS 2310/2310-205
11 20 ILCS 2310/55.58................. 20 ILCS 2310/2310-225
12 20 ILCS 2310/55.61................. 20 ILCS 2310/2310-275
13 20 ILCS 2310/55.62................. 20 ILCS 2310/2310-215
14 20 ILCS 2310/55.62a................ 20 ILCS 2310/2310-210
15 20 ILCS 2310/55.63................. 20 ILCS 2310/2310-235
16 20 ILCS 2310/55.64................. 20 ILCS 2310/2310-305
17 20 ILCS 2310/55.65................. 20 ILCS 2310/2310-390
18 20 ILCS 2310/55.66................. 20 ILCS 2310/2310-425
19 20 ILCS 2310/55.67................. 20 ILCS 2310/2310-230
20 20 ILCS 2310/55.68................. 20 ILCS 2310/2310-340
21 20 ILCS 2310/55.69................. 20 ILCS 2310/2310-430
22 20 ILCS 2310/55.70................. 20 ILCS 2310/2310-350
23 20 ILCS 2310/55.71................. 20 ILCS 2310/2310-445
24 20 ILCS 2310/55.72................. 20 ILCS 2310/2310-395
25 20 ILCS 2310/55.73................. 20 ILCS 2310/2310-220
26 20 ILCS 2310/55.74................. 20 ILCS 2310/2310-420
27 20 ILCS 2310/55.75................. 20 ILCS 2310/2310-255
28 20 ILCS 2310/55.76................. 20 ILCS 2310/2310-370
29 20 ILCS 2310/55.78................. 20 ILCS 2310/2310-300
30 20 ILCS 2310/55.79................. 20 ILCS 2310/2310-310
31 20 ILCS 2310/55.80................. 20 ILCS 2310/2310-360
32 20 ILCS 2310/55.81................. 20 ILCS 2310/2310-415
33 20 ILCS 2310/55.82................. 20 ILCS 2310/2310-130
34 20 ILCS 2310/55.83................. 20 ILCS 2310/2310-400
HB0236 Engrossed -728- LRB9100031DJcdA
1 20 ILCS 2310/55.84................. 20 ILCS 2310/2310-442
2 20 ILCS 2310/55.85................. 20 ILCS 2310/2310-392
3 20 ILCS 2310/55.86................. 20 ILCS 2310/2310-352
4 20 ILCS 2310/55.87................. 20 ILCS 2310/2310-560
5 20 ILCS 2310/55.88................. 20 ILCS 2310/2310-565
6 20 ILCS 2310/55.89................. 20 ILCS 2310/2310-80
7 20 ILCS 2310/55.90................. 20 ILCS 2310/2310-397
8 20 ILCS 2505/39b................... 20 ILCS 2505/2505-10
9 20 ILCS 2505/39b1.................. 20 ILCS 2505/2505-15
10 20 ILCS 2505/39b2.................. 20 ILCS 2505/2505-20
11 20 ILCS 2505/39b3.................. 20 ILCS 2505/2505-25
12 20 ILCS 2505/39b4.................. 20 ILCS 2505/2505-30
13 20 ILCS 2505/39b5.................. 20 ILCS 2505/2505-35
14 20 ILCS 2505/39b6.................. 20 ILCS 2505/2505-40
15 20 ILCS 2505/39b7.................. 20 ILCS 2505/2505-45
16 20 ILCS 2505/39b8.................. rep. 7-1-98, P.A. 90-372
17 20 ILCS 2505/39b9.................. rep. 7-1-98, P.A. 90-372
18 20 ILCS 2505/39b10................. 20 ILCS 2505/2505-60
19 20 ILCS 2505/39b11................. 20 ILCS 2505/2505-500
20 20 ILCS 2505/39b12................. 20 ILCS 2505/2505-65
21 20 ILCS 2505/39b13................. 20 ILCS 2505/2505-700
22 20 ILCS 2505/39b14................. 20 ILCS 2505/2505-705
23 20 ILCS 2505/39b15................. 20 ILCS 2505/2505-300
24 20 ILCS 2505/39b15.1............... 20 ILCS 2505/2505-305
25 20 ILCS 2505/39b15.2............... 20 ILCS 2505/2505-310
26 20 ILCS 2505/39b16................. 20 ILCS 2505/2505-315
27 20 ILCS 2505/39b17................. 20 ILCS 2505/2505-320
28 20 ILCS 2505/39b18................. 20 ILCS 2505/2505-450
29 20 ILCS 2505/39b19................. 20 ILCS 2505/2505-795
30 20 ILCS 2505/39b20................. 20 ILCS 2505/2505-505
31 20 ILCS 2505/39b20.1............... 20 ILCS 2505/2505-510
32 20 ILCS 2505/39b21................. 20 ILCS 2505/2505-600
33 20 ILCS 2505/39b22................. 20 ILCS 2505/2505-605
34 20 ILCS 2505/39b23................. 20 ILCS 2505/2505-730
HB0236 Engrossed -729- LRB9100031DJcdA
1 20 ILCS 2505/39b24................. 20 ILCS 2505/2505-70
2 20 ILCS 2505/39b25................. rep. 7-1-98, P.A. 90-372
3 20 ILCS 2505/39b26................. 20 ILCS 2505/2505-80
4 20 ILCS 2505/39b27................. 20 ILCS 2505/2505-85
5 20 ILCS 2505/39b28................. 20 ILCS 2505/2505-90
6 20 ILCS 2505/39b29................. 20 ILCS 2505/2505-95
7 20 ILCS 2505/39b30................. 20 ILCS 2505/2505-100
8 20 ILCS 2505/39b31................. 20 ILCS 2505/2505-105
9 20 ILCS 2505/39b32................. 20 ILCS 2505/2505-475
10 20 ILCS 2505/39b33................. 20 ILCS 2505/2505-790
11 20 ILCS 2505/39b34................. rep. 7-1-98, P.A. 90-372
12 20 ILCS 2505/39b35................. 20 ILCS 2505/2505-625
13 20 ILCS 2505/39b35.1............... 20 ILCS 2505/2505-340
14 20 ILCS 2505/39b36................. 20 ILCS 2505/2505-630
15 20 ILCS 2505/39b46................. rep. 7-1-98, P.A. 90-372
16 20 ILCS 2505/39b47................. 20 ILCS 2505/2505-380
17 20 ILCS 2505/39b48................. 20 ILCS 2505/2505-360
18 20 ILCS 2505/39b49................. 20 ILCS 2505/2505-400
19 20 ILCS 2505/39b50................. 20 ILCS 2505/2505-675
20 20 ILCS 2505/39b51................. 20 ILCS 2505/2505-550
21 20 ILCS 2505/39b52................. 20 ILCS 2505/2505-650
22 20 ILCS 2505/39b53................. 20 ILCS 2505/2505-575
23 20 ILCS 2505/39b54................. 20 ILCS 2505/2505-425
24 20 ILCS 2505/39c................... 20 ILCS 2505/2505-250
25 20 ILCS 2505/39c-1................. 20 ILCS 2505/2505-210
26 20 ILCS 2505/39c-1a................ 20 ILCS 2505/2505-200
27 20 ILCS 2505/39c-1b................ 20 ILCS 2505/2505-205
28 20 ILCS 2505/39c-1c................ 20 ILCS 2505/2505-405
29 20 ILCS 2505/39c-2................. 20 ILCS 2505/2505-175
30 20 ILCS 2505/39c-3................. 20 ILCS 2505/2505-215
31 20 ILCS 2505/39c-4................. 20 ILCS 2505/2505-190
32 20 ILCS 2505/39e................... 20 ILCS 2505/2505-275
33 20 ILCS 2605/55a, subsec. (A),
34 in part............................ 20 ILCS 2605/2605-10
HB0236 Engrossed -730- LRB9100031DJcdA
1 20 ILCS 2605/55a, subdiv. (A)1..... 20 ILCS 2605/2605-100
2 20 ILCS 2605/55a, subdiv. (A)2..... 20 ILCS 2605/2605-105
3 20 ILCS 2605/55a, subdiv. (A)3..... 20 ILCS 2605/2605-110
4 20 ILCS 2605/55a, subdiv. (A)4..... 20 ILCS 2605/2605-200
5 20 ILCS 2605/55a, subdiv. (A)5..... 20 ILCS 2605/2605-300
6 20 ILCS 2605/55a, subdiv. (A)6..... 20 ILCS 2605/2605-500
7 20 ILCS 2605/55a, subdiv. (A)7..... 20 ILCS 2605/2605-430
8 20 ILCS 2605/55a, subdiv. (A)8..... 20 ILCS 2605/2605-140
9 20 ILCS 2605/55a, subdiv. (A)9..... 20 ILCS 2605/2605-115
10 20 ILCS 2605/55a, subdiv. (A)10.... 20 ILCS 2605/2605-120
11 20 ILCS 2605/55a, subdiv. (A)11.... 20 ILCS 2605/2605-190
12 20 ILCS 2605/55a, subdiv. (A)12.... 20 ILCS 2605/2605-550
13 20 ILCS 2605/55a, subdiv. (A)13.... 20 ILCS 2605/2605-525
14 20 ILCS 2605/55a, subdiv. (A)14.... 20 ILCS 2605/2605-215
15 20 ILCS 2605/55a, subdiv. (A)15.... 20 ILCS 2605/2605-250
16 20 ILCS 2605/55a, subdiv. (A)16.... 20 ILCS 2605/2605-420
17 20 ILCS 2605/55a, subdiv. (A)17.... 20 ILCS 2605/2605-205
18 20 ILCS 2605/55a, subdiv. (A)18.... 20 ILCS 2605/2605-350
19 20 ILCS 2605/55a, subdiv. (A)19.... 20 ILCS 2605/2605-355
20 20 ILCS 2605/55a, subdiv. (A)20.... 20 ILCS 2605/2605-360
21 20 ILCS 2605/55a, subdiv. (A)21.... 20 ILCS 2605/2605-365
22 20 ILCS 2605/55a, subdiv. (A)22.... 20 ILCS 2605/2605-400
23 20 ILCS 2605/55a, subdiv. (A)23.... 20 ILCS 2605/2605-130
24 20 ILCS 2605/55a, subdiv. (A)24.... 20 ILCS 2605/2605-375
25 20 ILCS 2605/55a, subdiv. (A)25.... 20 ILCS 2605/2605-325
26 20 ILCS 2605/55a, subdiv. (A)26.... 20 ILCS 2605/2605-15
27 20 ILCS 2605/55a, subdiv. (A)27.... 20 ILCS 2605/2605-435
28 20 ILCS 2605/55a, subdiv. (A)28.... 20 ILCS 2605/2605-335
29 20 ILCS 2605/55a, subdiv. (A)29.... 20 ILCS 2605/2605-210
30 20 ILCS 2605/55a, subdiv. (A)30.... 20 ILCS 2605/2605-275
31 20 ILCS 2605/55a, subdiv. (A)31.... 20 ILCS 2605/2605-390
32 20 ILCS 2605/55a, subdiv. (A)32.... 20 ILCS 2605/2605-340
33 20 ILCS 2605/55a, subdiv. (A)33.... 20 ILCS 2605/2605-405
34 20 ILCS 2605/55a, subdiv. (A)34.... 20 ILCS 2605/2605-315
HB0236 Engrossed -731- LRB9100031DJcdA
1 20 ILCS 2605/55a, subdiv. (A)35.... 20 ILCS 2605/2605-377
2 20 ILCS 2605/55a, subdiv. (A)36.... 20 ILCS 2605/2605-320
3 20 ILCS 2605/55a, subsec. (B)...... 20 ILCS 2605/2605-305
4 20 ILCS 2605/55a, subsec. (C)...... 20 ILCS 2605/2605-75
5 20 ILCS 2605/55a-1................. 20 ILCS 2605/2605-25
6 20 ILCS 2605/55a-2................. 20 ILCS 2605/2605-30
7 20 ILCS 2605/55a-3................. 20 ILCS 2605/2605-35
8 20 ILCS 2605/55a-4................. 20 ILCS 2605/2605-40
9 20 ILCS 2605/55a-5................. 20 ILCS 2605/2605-45
10 20 ILCS 2605/55a-6................. 20 ILCS 2605/2605-50
11 20 ILCS 2605/55a-7................. 20 ILCS 2605/2605-220
12 20 ILCS 2605/55a-8................. 20 ILCS 2605/2605-380
13 20 ILCS 2605/55b................... 20 ILCS 2605/2605-505
14 20 ILCS 2605/55c................... 20 ILCS 2605/2605-135
15 20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-10
16 20 ILCS 2705/49, in part........... 20 ILCS 2705/2705-15,
17 subsec. (a)
18 20 ILCS 2705/49.01a................ 20 ILCS 2705/2705-100
19 20 ILCS 2705/49.02a................ 20 ILCS 2705/2705-225
20 20 ILCS 2705/49.06a................ 20 ILCS 2705/2705-105
21 20 ILCS 2705/49.06b................ 20 ILCS 2705/2705-285
22 20 ILCS 2705/49.07a................ 20 ILCS 2705/2705-110
23 20 ILCS 2705/49.08a................ 20 ILCS 2705/2705-115
24 20 ILCS 2705/49.11................. 20 ILCS 2705/2705-120
25 20 ILCS 2705/49.12................. 20 ILCS 2705/2705-550
26 20 ILCS 2705/49.13................. 20 ILCS 2705/2705-555
27 20 ILCS 2705/49.14................. 20 ILCS 2705/2705-255
28 20 ILCS 2705/49.15................. 20 ILCS 2705/2705-210
29 20 ILCS 2705/49.15a................ 20 ILCS 2705/2705-510
30 20 ILCS 2705/49.16................. 20 ILCS 2705/2705-200
31 20 ILCS 2705/49.17................. 20 ILCS 2705/2705-240
32 20 ILCS 2705/49.18................. 20 ILCS 2705/2705-300
33 20 ILCS 2705/49.19................. 20 ILCS 2705/2705-305
34 20 ILCS 2705/49.19a................ 20 ILCS 2705/2705-310
HB0236 Engrossed -732- LRB9100031DJcdA
1 20 ILCS 2705/49.19b................ 20 ILCS 2705/2705-315
2 20 ILCS 2705/49.20................. 20 ILCS 2705/2705-245
3 20 ILCS 2705/49.21................. 20 ILCS 2705/2705-205
4 20 ILCS 2705/49.22................. 20 ILCS 2705/2705-125
5 20 ILCS 2705/49.23................. 20 ILCS 2705/2705-15,
6 subsec. (b)
7 20 ILCS 2705/49.24................. 20 ILCS 2705/2705-175
8 20 ILCS 2705/49.25a................ 20 ILCS 2705/2705-400
9 20 ILCS 2705/49.25b................ 20 ILCS 2705/2705-405
10 20 ILCS 2705/49.25c................ 20 ILCS 2705/2705-410
11 20 ILCS 2705/49.25d................ 20 ILCS 2705/2705-415
12 20 ILCS 2705/49.25e................ 20 ILCS 2705/2705-420
13 20 ILCS 2705/49.25f................ 20 ILCS 2705/2705-425
14 20 ILCS 2705/49.25g................ 20 ILCS 2705/2705-430
15 20 ILCS 2705/49.25g-1.............. 20 ILCS 2705/2705-435
16 20 ILCS 2705/49.25h................ 20 ILCS 2705/2705-440
17 20 ILCS 2705/49.25h-1.............. 20 ILCS 2705/2705-450
18 20 ILCS 2705/49.25i................ 20 ILCS 2705/2705-445
19 20 ILCS 2705/49.25j................ 20 ILCS 2705/2705-275
20 20 ILCS 2705/49.26................. 20 ILCS 2705/2705-350
21 20 ILCS 2705/49.27................. 20 ILCS 2705/2705-215
22 20 ILCS 2705/49.28................. 20 ILCS 2705/2705-575
23 20 ILCS 2705/49.29................. 20 ILCS 2705/2705-500
24 20 ILCS 2705/49.30................. 20 ILCS 2705/2705-505
25 20 ILCS 2705/49.31................. 20 ILCS 2705/2705-90
26 20 ILCS 2705/49.32................. rep. 7-1-98, P.A. 90-372
27 20 ILCS 2705/49.33................. 20 ILCS 2705/2705-265
28 20 ILCS 2705/49.34................. 20 ILCS 2705/2705-375
29 110 ILCS 355/62.................... 110 ILCS 355/3000-5
30 110 ILCS 355/62.1.................. see 20 ILCS 2105/61f
31 Section 98-10. Derivation table.
32 AS CODIFIED BY THIS ACT OLD
HB0236 Engrossed -733- LRB9100031DJcdA
1 20 ILCS 5/1-1..........................20 ILCS 5/1
2 20 ILCS 5/1-5..........................new
3 20 ILCS 5/5-1..........................new
4 20 ILCS 5/5-5..........................20 ILCS 5/2
5 20 ILCS 5/5-10.........................20 ILCS 5/2.1
6 20 ILCS 5/5-15.........................20 ILCS 5/3
7 20 ILCS 5/5-20.........................20 ILCS 5/4
8 20 ILCS 5/5-95.........................20 ILCS 5/34
9 20 ILCS 5/5-100........................20 ILCS 5/5
10 20 ILCS 5/5-105........................20 ILCS 5/5.14
11 20 ILCS 5/5-110........................20 ILCS 5/5.02
12 20 ILCS 5/5-115........................20 ILCS 5/5.13e
13 20 ILCS 5/5-120........................20 ILCS 5/5.13g
14 20 ILCS 5/5-125........................20 ILCS 5/5.13i
15 20 ILCS 5/5-130........................20 ILCS 5/5.13b
16 20 ILCS 5/5-135........................20 ILCS 5/5.13j
17 20 ILCS 5/5-140........................20 ILCS 5/5.10
18 20 ILCS 5/5-145........................20 ILCS 5/5.03
19 20 ILCS 5/5-150........................20 ILCS 5/5.09
20 20 ILCS 5/5-155........................20 ILCS 5/5.04
21 20 ILCS 5/5-160........................20 ILCS 5/5.13h
22 20 ILCS 5/5-165........................20 ILCS 5/5.13c
23 20 ILCS 5/5-170........................20 ILCS 5/5.07
24 20 ILCS 5/5-175........................20 ILCS 5/5.12
25 20 ILCS 5/5-180........................20 ILCS 5/5.11
26 20 ILCS 5/5-185........................20 ILCS 5/5.05
27 20 ILCS 5/5-190........................20 ILCS 5/5.01a
28 20 ILCS 5/5-200........................20 ILCS 5/7.11
29 20 ILCS 5/5-210........................20 ILCS 5/7.08
30 20 ILCS 5/5-215........................20 ILCS 5/7.06
31 20 ILCS 5/5-220........................20 ILCS 5/7.07b
32 20 ILCS 5/5-225........................20 ILCS 5/7.04
33 20 ILCS 5/5-230........................20 ILCS 5/7.09
34 20 ILCS 5/5-235........................20 ILCS 5/7.03
HB0236 Engrossed -734- LRB9100031DJcdA
1 20 ILCS 5/5-300........................20 ILCS 5/9
2 20 ILCS 5/5-305........................20 ILCS 5/9.01
3 20 ILCS 5/5-310........................20 ILCS 5/9.21
4 20 ILCS 5/5-315........................20 ILCS 5/9.02
5 20 ILCS 5/5-320........................20 ILCS 5/9.19
6 20 ILCS 5/5-325........................20 ILCS 5/9.16
7 20 ILCS 5/5-330........................20 ILCS 5/9.18
8 20 ILCS 5/5-335........................20 ILCS 5/9.11a
9 20 ILCS 5/5-340........................20 ILCS 5/9.30
10 20 ILCS 5/5-345........................20 ILCS 5/9.15
11 20 ILCS 5/5-350........................20 ILCS 5/9.24
12 20 ILCS 5/5-355........................20 ILCS 5/9.05a
13 20 ILCS 5/5-360........................20 ILCS 5/9.10
14 20 ILCS 5/5-365........................20 ILCS 5/9.03
15 20 ILCS 5/5-370........................20 ILCS 5/9.31
16 20 ILCS 5/5-375........................20 ILCS 5/9.09
17 20 ILCS 5/5-380........................20 ILCS 5/9.04
18 20 ILCS 5/5-385........................20 ILCS 5/9.25
19 20 ILCS 5/5-390........................20 ILCS 5/9.08
20 20 ILCS 5/5-395........................20 ILCS 5/9.17
21 20 ILCS 5/5-400........................20 ILCS 5/9.07
22 20 ILCS 5/5-405........................20 ILCS 5/9.12
23 20 ILCS 5/5-410........................20 ILCS 5/9.11
24 20 ILCS 5/5-415........................20 ILCS 5/9.05
25 20 ILCS 5/5-420........................20 ILCS 5/9.22
26 20 ILCS 5/5-500........................20 ILCS 5/6
27 20 ILCS 5/5-505........................20 ILCS 5/8
28 20 ILCS 5/5-510........................20 ILCS 5/8.1
29 20 ILCS 5/5-515........................20 ILCS 5/10
30 20 ILCS 5/5-520........................20 ILCS 5/6.27
31 20 ILCS 5/5-525........................20 ILCS 5/6.01
32 20 ILCS 5/5-530........................20 ILCS 5/6.01a
33 20 ILCS 5/5-535........................20 ILCS 5/6.15
34 20 ILCS 5/5-540........................20 ILCS 5/6.28
HB0236 Engrossed -735- LRB9100031DJcdA
1 and 5/7.01
2 20 ILCS 5/5-545........................20 ILCS 5/6.04
3 20 ILCS 5/5-550........................20 ILCS 5/6.23
4 20 ILCS 5/5-555........................20 ILCS 5/6.02
5 20 ILCS 5/5-560........................20 ILCS 5/6.08
6 20 ILCS 5/5-565........................20 ILCS 5/6.06
7 20 ILCS 5/5-570........................20 ILCS 5/6.02a
8 and 5/7.04a
9 20 ILCS 5/5-600........................20 ILCS 5/11
10 20 ILCS 5/5-605........................20 ILCS 5/12
11 20 ILCS 5/5-610........................20 ILCS 5/13
12 20 ILCS 5/5-615........................20 ILCS 5/14
13 20 ILCS 5/5-620........................20 ILCS 5/15
14 20 ILCS 5/5-625........................20 ILCS 5/16
15 20 ILCS 5/5-630........................20 ILCS 5/17
16 20 ILCS 5/5-635........................20 ILCS 5/18
17 20 ILCS 5/5-640........................20 ILCS 5/19
18 20 ILCS 5/5-645........................20 ILCS 5/20
19 20 ILCS 5/5-650........................20 ILCS 5/25
20 20 ILCS 5/5-655........................20 ILCS 5/26
21 20 ILCS 5/5-660........................20 ILCS 5/31
22 20 ILCS 5/5-675........................20 ILCS 5/51
23 20 ILCS 5/5-700........................20 ILCS 5/32
24 20 ILCS 5/5-705........................20 ILCS 5/33
25 15 ILCS 20/50-1........................new
26 15 ILCS 20/50-5........................15 ILCS 20/38
27 15 ILCS 20/50-10.......................15 ILCS 20/38.1
28 15 ILCS 20/50-15.......................15 ILCS 20/38.2
29 15 ILCS 20/50-20.......................15 ILCS 20/38.3
30 20 ILCS 110/110-1......................new
31 20 ILCS 110/110-5......................20 ILCS 110/69
32 20 ILCS 205/205-1......................new
33 20 ILCS 205/205-5......................new
HB0236 Engrossed -736- LRB9100031DJcdA
1 20 ILCS 205/205-10.....................20 ILCS 205/40
2 20 ILCS 205/205-15.....................20 ILCS 205/40.7
3 and 205/40.8
4 20 ILCS 205/205-20.....................20 ILCS 205/40.7a
5 20 ILCS 205/205-25.....................20 ILCS 205/40.14
6 20 ILCS 205/205-27.....................20 ILCS 205/40.7b
7 20 ILCS 205/205-30.....................20 ILCS 205/40.9
8 20 ILCS 205/205-35.....................20 ILCS 205/40.10
9 20 ILCS 205/205-40.....................20 ILCS 205/40.31
10 20 ILCS 205/205-45.....................20 ILCS 205/40.36
11 20 ILCS 205/205-50.....................20 ILCS 205/40.40
12 20 ILCS 205/205-55.....................20 ILCS 205/40.27
13 20 ILCS 205/205-60.....................20 ILCS 205/40.35
14 20 ILCS 205/205-100....................20 ILCS 205/40.11
15 20 ILCS 205/205-105....................20 ILCS 205/40.24
16 20 ILCS 205/205-110....................20 ILCS 205/40.28
17 20 ILCS 205/205-115....................20 ILCS 205/40.38
18 20 ILCS 205/205-200....................20 ILCS 205/40.16
19 20 ILCS 205/205-205....................20 ILCS 205/40.13
20 20 ILCS 205/205-300....................20 ILCS 205/40.4
21 20 ILCS 205/205-305....................20 ILCS 205/40.12
22 20 ILCS 205/205-310....................20 ILCS 205/40.33
23 20 ILCS 205/205-315....................20 ILCS 205/40.17
24 20 ILCS 205/205-320....................20 ILCS 205/40.18
25 20 ILCS 205/205-325....................20 ILCS 205/40.19
26 20 ILCS 205/205-330....................20 ILCS 205/40.32
27 20 ILCS 205/205-335....................20 ILCS 205/40.21
28 20 ILCS 205/205-340....................20 ILCS 205/40.39
29 20 ILCS 205/205-345....................20 ILCS 205/40.6
30 20 ILCS 205/205-350....................20 ILCS 205/40.25
31 20 ILCS 205/205-355....................20 ILCS 205/40.26
32 20 ILCS 205/205-400....................20 ILCS 205/40.20
33 20 ILCS 205/205-405....................20 ILCS 205/40.22
34 20 ILCS 205/205-410....................20 ILCS 205/40.23
HB0236 Engrossed -737- LRB9100031DJcdA
1 20 ILCS 205/205-415....................20 ILCS 205/40.42
2 20 ILCS 205/205-420....................20 ILCS 205/40.15
3 20 ILCS 205/205-425....................20 ILCS 205/40.37
4 20 ILCS 205/205-430....................20 ILCS 205/40.34
5 5 ILCS 620/250-1.......................new
6 5 ILCS 620/250-5.......................5 ILCS 620/42
7 20 ILCS 310/310-1......................new
8 20 ILCS 310/310-5......................20 ILCS 5/9.29
9 20 ILCS 405/405-1......................new
10 20 ILCS 405/405-5......................20 ILCS 405/35.2
11 20 ILCS 405/405-10.....................20 ILCS 405/35.3
12 20 ILCS 405/405-15.....................20 ILCS 405/35.4
13 20 ILCS 405/405-20.....................20 ILCS 405/35.7
14 20 ILCS 405/405-25.....................20 ILCS 405/67.34
15 20 ILCS 405/405-30.....................20 ILCS 405/67.20
16 20 ILCS 405/405-100....................20 ILCS 405/64
17 20 ILCS 405/405-105....................20 ILCS 405/64.1
18 20 ILCS 405/405-110....................20 ILCS 405/64.2
19 20 ILCS 405/405-115....................20 ILCS 405/64.3
20 20 ILCS 405/405-120....................20 ILCS 405/67.29
21 20 ILCS 405/405-125....................20 ILCS 405/67.31
22 20 ILCS 405/405-130....................20 ILCS 405/67.28
23 20 ILCS 405/405-190....................20 ILCS 405/67.27
24 20 ILCS 405/405-200....................20 ILCS 405/67
25 20 ILCS 405/405-210....................20 ILCS 405/67.21
26 20 ILCS 405/405-215....................20 ILCS 405/67.22
27 20 ILCS 405/405-220....................20 ILCS 405/35.9
28 20 ILCS 405/405-225....................20 ILCS 405/67.09
29 20 ILCS 405/405-230....................20 ILCS 405/67.23
30 20 ILCS 405/405-240....................20 ILCS 405/67.05
31 20 ILCS 405/405-250....................20 ILCS 405/35.7a
32 20 ILCS 405/405-255....................20 ILCS 405/35.8
33 20 ILCS 405/405-260....................20 ILCS 405/35.7c
HB0236 Engrossed -738- LRB9100031DJcdA
1 20 ILCS 405/405-265....................20 ILCS 405/67.08
2 20 ILCS 405/405-270....................20 ILCS 405/67.18
3 20 ILCS 405/405-275....................20 ILCS 405/67.33
4 20 ILCS 405/405-280....................20 ILCS 405/67.15
5 20 ILCS 405/405-285....................20 ILCS 405/67.16
6 20 ILCS 405/405-290....................20 ILCS 405/67.32
7 20 ILCS 405/405-295....................20 ILCS 405/67.30
8 20 ILCS 405/405-300....................20 ILCS 405/67.02
9 20 ILCS 405/405-305....................20 ILCS 405/67.06
10 20 ILCS 405/405-310....................20 ILCS 405/67.07
11 20 ILCS 405/405-315....................20 ILCS 405/67.24
12 20 ILCS 405/405-320....................20 ILCS 405/67.25
13 20 ILCS 405/405-325....................20 ILCS 405/67.26
14 20 ILCS 405/405-400....................20 ILCS 5/34.1
15 20 ILCS 405/405-500....................20 ILCS 405/67.35
16 20 ILCS 510/510-1......................new
17 20 ILCS 510/510-5......................new
18 20 ILCS 510/510-10.....................20 ILCS 510/65
19 20 ILCS 510/510-15.....................20 ILCS 510/65.1
20 20 ILCS 510/510-20.....................20 ILCS 510/65.4
21 20 ILCS 510/510-25.....................20 ILCS 510/65.5
22 20 ILCS 510/510-30.....................20 ILCS 510/65.6
23 20 ILCS 510/510-35.....................20 ILCS 510/65.7
24 20 ILCS 510/510-95.....................20 ILCS 510/65.3
25 20 ILCS 510/510-100....................20 ILCS 510/65.8
26 20 ILCS 510/510-200....................20 ILCS 510/65.2
27 20 ILCS 605/605-1......................new
28 20 ILCS 605/605-5......................20 ILCS 605/46.1,
29 in part
30 20 ILCS 605/605-10.....................20 ILCS 605/46.1,
31 in part
32 20 ILCS 605/605-15.....................20 ILCS 605/46.22
33 20 ILCS 605/605-20.....................20 ILCS 605/46.29
HB0236 Engrossed -739- LRB9100031DJcdA
1 20 ILCS 605/605-25.....................20 ILCS 605/46.30a
2 20 ILCS 605/605-30.....................20 ILCS 605/46.41
3 20 ILCS 605/605-35.....................20 ILCS 605/46.43
4 20 ILCS 605/605-40.....................20 ILCS 605/47.2
5 20 ILCS 605/605-50.....................20 ILCS 605/46.51
6 20 ILCS 605/605-55.....................20 ILCS 605/46.21
7 20 ILCS 605/605-65.....................20 ILCS 605/46.52
8 20 ILCS 605/605-75.....................20 ILCS 605/46.53
9 20 ILCS 605/605-85.....................20 ILCS 605/46.11
10 20 ILCS 605/605-95.....................20 ILCS 605/46.42
11 20 ILCS 605/605-100....................20 ILCS 605/46.33
12 20 ILCS 605/605-105....................20 ILCS 605/46.35
13 20 ILCS 605/605-110....................20 ILCS 605/46.34
14 20 ILCS 605/605-115....................20 ILCS 605/46.36
15 20 ILCS 605/605-200....................20 ILCS 605/46.7
16 20 ILCS 605/605-205....................20 ILCS 605/46.39
17 20 ILCS 605/605-210....................20 ILCS 605/46.9
18 20 ILCS 605/605-300....................20 ILCS 605/46.2
19 20 ILCS 605/605-305....................20 ILCS 605/46.44
20 20 ILCS 605/605-310....................20 ILCS 605/46.3
21 20 ILCS 605/605-315....................20 ILCS 605/46.17
22 20 ILCS 605/605-320....................20 ILCS 605/46.5
23 20 ILCS 605/605-325....................20 ILCS 605/46.19i
24 20 ILCS 605/605-328....................20 ILCS 605/47.3
25 20 ILCS 605/605-330....................20 ILCS 605/46.4
26 20 ILCS 605/605-335....................20 ILCS 605/46.4a
27 20 ILCS 605/605-340....................20 ILCS 605/46.54
28 20 ILCS 605/605-345....................20 ILCS 605/46.67
29 20 ILCS 605/605-350....................20 ILCS 605/46.12
30 20 ILCS 605/605-355....................20 ILCS 605/46.19a,
31 subsec. (2)
32 20 ILCS 605/605-360....................20 ILCS 605/46.19a,
33 subsec. (3)
34 20 ILCS 605/605-365....................20 ILCS 605/46.19a,
HB0236 Engrossed -740- LRB9100031DJcdA
1 subsec. (4)
2 20 ILCS 605/605-370....................20 ILCS 605/46.28
3 20 ILCS 605/605-375....................20 ILCS 605/46.58
4 20 ILCS 605/605-380....................20 ILCS 605/46.60
5 20 ILCS 605/605-385....................20 ILCS 605/46.62
6 20 ILCS 605/605-400....................20 ILCS 605/46.19c
7 20 ILCS 605/605-405....................20 ILCS 605/46.5a
8 20 ILCS 605/605-410....................20 ILCS 605/46.19d
9 20 ILCS 605/605-415....................20 ILCS 605/46.19j
10 20 ILCS 605/605-450....................20 ILCS 605/46.19g
11 20 ILCS 605/605-490....................20 ILCS 605/46.10
12 20 ILCS 605/605-495....................20 ILCS 605/46.19
13 20 ILCS 605/605-500....................20 ILCS 605/46.13
14 20 ILCS 605/605-505....................20 ILCS 605/46.15
15 20 ILCS 605/605-510....................20 ILCS 605/46.19h
16 20 ILCS 605/605-515....................20 ILCS 605/46.13a
17 20 ILCS 605/605-520....................20 ILCS 605/46.63
18 20 ILCS 605/605-525....................20 ILCS 605/46.55
19 20 ILCS 605/605-575....................20 ILCS 605/46.69
20 20 ILCS 605/605-600....................20 ILCS 605/46.19f
21 20 ILCS 605/605-605....................20 ILCS 605/46.57
22 20 ILCS 605/605-610....................20 ILCS 605/46.14
23 20 ILCS 605/605-615....................20 ILCS 605/46.19e
24 20 ILCS 605/605-620....................20 ILCS 605/46.24
25 20 ILCS 605/605-625....................20 ILCS 605/46.25
26 20 ILCS 605/605-630....................20 ILCS 605/46.26
27 20 ILCS 605/605-675....................20 ILCS 605/46.66
28 20 ILCS 605/605-700....................20 ILCS 605/46.6
29 20 ILCS 605/605-705....................20 ILCS 605/46.6a
30 20 ILCS 605/605-710....................20 ILCS 605/46.6c
31 20 ILCS 605/605-715....................20 ILCS 605/46.59
32 20 ILCS 605/605-720....................20 ILCS 605/46.16
33 20 ILCS 605/605-800....................20 ILCS 605/46.19a,
34 subsec. (1)
HB0236 Engrossed -741- LRB9100031DJcdA
1 20 ILCS 605/605-805....................20 ILCS 605/46.19a,
2 subsec. (5)
3 20 ILCS 605/605-810....................20 ILCS 605/46.19a,
4 subsec. (6)
5 20 ILCS 605/605-815....................20 ILCS 605/46.19a,
6 subsec. (7)
7 20 ILCS 605/605-820....................20 ILCS 605/46.49
8 20 ILCS 605/605-825....................20 ILCS 605/46.65
9 20 ILCS 605/605-850....................20 ILCS 605/46.32a,
10 subsec. (a)
11 20 ILCS 605/605-855....................20 ILCS 605/46.32a,
12 subsec. (b)
13 20 ILCS 605/605-860....................20 ILCS 605/46.32a,
14 subsec. (c)
15 20 ILCS 605/605-875....................20 ILCS 605/46.68
16 20 ILCS 605/605-900....................20 ILCS 605/46.6b
17 20 ILCS 605/605-905....................20 ILCS 605/46.41b
18 20 ILCS 605/605-910....................20 ILCS 605/46.56
19 20 ILCS 605/605-915....................20 ILCS 605/46.45
20 20 ILCS 605/605-920....................20 ILCS 605/46.47
21 20 ILCS 605/605-925....................20 ILCS 605/46.48
22 20 ILCS 605/605-930....................20 ILCS 605/46.27
23 20 ILCS 605/605-935....................20 ILCS 605/46.32
24 20 ILCS 605/605-940....................20 ILCS 605/46.37
25 20 ILCS 605/605-945....................20 ILCS 605/46.38
26 20 ILCS 605/605-950....................20 ILCS 605/46.38a
27 20 ILCS 605/605-990....................20 ILCS 605/46.37a
28 20 ILCS 605/605-995....................20 ILCS 605/46.40
29 20 ILCS 805/805-1......................new
30 20 ILCS 805/805-5......................new
31 20 ILCS 805/805-10.....................20 ILCS 805/63a
32 20 ILCS 805/805-15.....................20 ILCS 805/63a37
33 20 ILCS 805/805-25.....................20 ILCS 805/63b2.8
34 20 ILCS 805/805-30.....................20 ILCS 805/63a38
HB0236 Engrossed -742- LRB9100031DJcdA
1 20 ILCS 805/805-35.....................20 ILCS 805/63a40
2 20 ILCS 805/805-40.....................20 ILCS 805/63a41
3 20 ILCS 805/805-70.....................20 ILCS 805/63b2.9
4 20 ILCS 805/805-80.....................20 ILCS 805/63b1.2
5 20 ILCS 805/805-100....................20 ILCS 805/63a1
6 20 ILCS 805/805-105....................20 ILCS 805/63a2
7 20 ILCS 805/805-110....................20 ILCS 805/63a3
8 20 ILCS 805/805-115....................20 ILCS 805/63a4
9 20 ILCS 805/805-120....................20 ILCS 805/63a5
10 20 ILCS 805/805-125....................20 ILCS 805/63b1
11 20 ILCS 805/805-130....................20 ILCS 805/63a8
12 20 ILCS 805/805-200....................20 ILCS 805/63a13-1
13 20 ILCS 805/805-205....................20 ILCS 805/63a29
14 20 ILCS 805/805-210....................20 ILCS 805/63a33
15 20 ILCS 805/805-215....................20 ILCS 805/63a17
16 20 ILCS 805/805-220....................20 ILCS 805/63a34
17 20 ILCS 805/805-225....................20 ILCS 805/63a19
18 20 ILCS 805/805-230....................20 ILCS 805/63a18
19 20 ILCS 805/805-235....................20 ILCS 805/63a6
20 20 ILCS 805/805-240....................20 ILCS 805/63b
21 20 ILCS 805/805-245....................20 ILCS 805/63b2.1
22 20 ILCS 805/805-250....................20 ILCS 805/63a20
23 20 ILCS 805/805-255....................20 ILCS 805/63a10
24 20 ILCS 805/805-260....................20 ILCS 805/63a7
25 20 ILCS 805/805-265....................20 ILCS 805/63a39
26 20 ILCS 805/805-270....................20 ILCS 805/63a26
27 20 ILCS 805/805-275....................20 ILCS 805/63a27
28 20 ILCS 805/805-300....................20 ILCS 805/63a21
29 20 ILCS 805/805-305....................20 ILCS 805/63a23
30 20 ILCS 805/805-310....................20 ILCS 805/63a24
31 20 ILCS 805/805-315....................20 ILCS 805/63a21.2
32 20 ILCS 805/805-320....................20 ILCS 805/63a21.3
33 20 ILCS 805/805-325....................20 ILCS 805/63a25
34 20 ILCS 805/805-330....................20 ILCS 805/63a14
HB0236 Engrossed -743- LRB9100031DJcdA
1 20 ILCS 805/805-335....................20 ILCS 805/63a21.1
2 20 ILCS 805/805-400....................20 ILCS 805/63a22
3 20 ILCS 805/805-405....................20 ILCS 805/63a30
4 20 ILCS 805/805-410....................20 ILCS 805/63a32
5 20 ILCS 805/805-420....................20 ILCS 805/63a36
6 20 ILCS 805/805-425....................20 ILCS 805/63b2.3
7 20 ILCS 805/805-430....................20 ILCS 805/63b2.4
8 20 ILCS 805/805-435....................20 ILCS 805/63b2.5
9 20 ILCS 805/805-500....................20 ILCS 805/63a12
10 20 ILCS 805/805-505....................20 ILCS 805/63a31
11 20 ILCS 805/805-510....................20 ILCS 805/63a13
12 20 ILCS 805/805-515....................20 ILCS 805/63a28
13 20 ILCS 805/805-520....................20 ILCS 805/63a11
14 20 ILCS 805/805-525....................20 ILCS 805/63a15
15 20 ILCS 805/805-530....................20 ILCS 805/63a9
16 20 ILCS 805/805-535....................20 ILCS 805/63b2.2
17 20 ILCS 805/805-540....................20 ILCS 805/63b2.6
18 20 ILCS 1005/1005-1....................new
19 20 ILCS 1005/1005-5....................new
20 20 ILCS 1005/1005-10...................20 ILCS 1005/43a
21 20 ILCS 1005/1005-15...................20 ILCS 1005/43a.02
22 20 ILCS 1005/1005-20...................20 ILCS 1005/43a.04
23 20 ILCS 1005/1005-25...................20 ILCS 1005/43a.05
24 20 ILCS 1005/1005-30...................20 ILCS 1005/43a.03
25 20 ILCS 1005/1005-35...................20 ILCS 1005/43a.07
26 20 ILCS 1005/1005-40...................20 ILCS 1005/43a.08
27 20 ILCS 1005/1005-45...................20 ILCS 1005/43a.06
28 20 ILCS 1005/1005-50...................20 ILCS 1005/43a.11
29 20 ILCS 1005/1005-75...................20 ILCS 1005/43a.12
30 20 ILCS 1005/1005-100..................20 ILCS 1005/43a.01
31 20 ILCS 1005/1005-105..................20 ILCS 1005/43a.09
32 20 ILCS 1005/1005-110..................20 ILCS 1005/44a
33 20 ILCS 1005/1005-115..................20 ILCS 1005/43a.10
34 20 ILCS 1005/1005-120..................20 ILCS 1005/43a.13
HB0236 Engrossed -744- LRB9100031DJcdA
1 20 ILCS 1005/1005-130..................20 ILCS 1005/43a.14
2 20 ILCS 1005/1005-150..................20 ILCS 5/34.2
3 20 ILCS 1405/1405-1....................new
4 20 ILCS 1405/1405-5....................20 ILCS 1405/56
5 20 ILCS 1405/1405-10...................20 ILCS 1405/56.1
6 20 ILCS 1405/1405-15...................20 ILCS 1405/56.2
7 20 ILCS 1505/1505-1....................new
8 20 ILCS 1505/1505-5....................new
9 20 ILCS 1505/1505-10...................20 ILCS 1505/43
10 20 ILCS 1505/1505-15...................20 ILCS 1505/43.07
11 20 ILCS 1505/1505-20...................20 ILCS 1505/43.13
12 20 ILCS 1505/1505-25...................20 ILCS 1505/43.09
13 20 ILCS 1505/1505-30...................20 ILCS 1505/43.08
14 20 ILCS 1505/1505-35...................20 ILCS 1505/43.10
15 20 ILCS 1505/1505-40...................20 ILCS 1505/43.12
16 20 ILCS 1505/1505-45...................20 ILCS 1505/43.15a
17 20 ILCS 1505/1505-50...................20 ILCS 1505/43.16
18 20 ILCS 1505/1505-120..................20 ILCS 1505/43.17
19 20 ILCS 1505/1505-150..................20 ILCS 1505/43.20
20 20 ILCS 1505/1505-200..................20 ILCS 1505/43.21
21 20 ILCS 1710/1710-1....................new
22 20 ILCS 1710/1710-5....................new
23 20 ILCS 1710/1710-10...................20 ILCS 1710/53,
24 subsec. (a),in part
25 20 ILCS 1710/1710-15...................20 ILCS 1710/53,
26 subdiv. (a)1
27 20 ILCS 1710/1710-20...................20 ILCS 1710/53,
28 subdivs. (a)2 and (a)4
29 20 ILCS 1710/1710-25...................20 ILCS 1710/53,
30 subdiv. (a)3
31 20 ILCS 1710/1710-30...................20 ILCS 1710/53a
32 20 ILCS 1710/1710-50...................20 ILCS 1710/53,
33 subdiv. (a)5
HB0236 Engrossed -745- LRB9100031DJcdA
1 20 ILCS 1710/1710-75...................20 ILCS 1710/53,
2 subsec. (b)
3 20 ILCS 1710/1710-100..................20 ILCS 1710/53d
4 20 ILCS 1905/1905-1....................new
5 20 ILCS 1905/1905-5....................new
6 20 ILCS 1905/1905-10...................20 ILCS 1905/45,
7 in part
8 20 ILCS 1905/1905-15...................20 ILCS 1905/45,
9 par. 1
10 20 ILCS 1905/1905-20...................20 ILCS 1905/45,
11 par. 2
12 20 ILCS 1905/1905-25...................20 ILCS 1905/45,
13 par. 3
14 20 ILCS 1905/1905-30...................20 ILCS 1905/45,
15 par. 4
16 20 ILCS 1905/1905-35...................20 ILCS 1905/47
17 20 ILCS 1905/1905-40...................20 ILCS 1905/45,
18 par. 10
19 20 ILCS 1905/1905-45...................20 ILCS 1905/45,
20 par. 5
21 20 ILCS 1905/1905-50...................20 ILCS 1905/45,
22 pars. 7 and 8
23 20 ILCS 1905/1905-75...................20 ILCS 1905/46
24 20 ILCS 1905/1905-90...................20 ILCS 1905/45,
25 in part
26 20 ILCS 1905/1905-100..................20 ILCS 1905/45,
27 par. 9
28 20 ILCS 1905/1905-105..................20 ILCS 1905/45.2
29 20 ILCS 1905/1905-110..................20 ILCS 1905/45.1
30 20 ILCS 1905/1905-150..................20 ILCS 1905/45,
31 in part
32 20 ILCS 1905/1905-200..................20 ILCS 1905/45,
33 par. 6
HB0236 Engrossed -746- LRB9100031DJcdA
1 20 ILCS 2005/2005-1....................new
2 20 ILCS 2005/2005-5....................new
3 20 ILCS 2005/2005-10...................20 ILCS 2005/71,
4 subsec. A
5 20 ILCS 2005/2005-15...................20 ILCS 2005/71,
6 subsec. B
7 20 ILCS 2005/2005-20...................20 ILCS 2005/71,
8 subsec. H
9 20 ILCS 2005/2005-25...................20 ILCS 2005/71,
10 subsec. E
11 20 ILCS 2005/2005-30...................20 ILCS 2005/72
12 20 ILCS 2005/2005-35...................20 ILCS 2005/71,
13 subsec. C
14 20 ILCS 2005/2005-40...................20 ILCS 2005/71,
15 subsec. D
16 20 ILCS 2005/2005-45...................20 ILCS 2005/71,
17 subsec. K
18 20 ILCS 2005/2005-50...................20 ILCS 2005/71,
19 subsec. J
20 20 ILCS 2005/2005-55...................20 ILCS 2005/71,
21 subsec. L
22 20 ILCS 2005/2005-60...................20 ILCS 2005/71,
23 subsec. M
24 20 ILCS 2005/2005-65...................20 ILCS 2005/71,
25 subsec. F
26 20 ILCS 2005/2005-70...................20 ILCS 2005/71,
27 subsec. G
28 20 ILCS 2005/2005-75...................20 ILCS 2005/71,
29 subsec. I
30 20 ILCS 2005/2005-80...................20 ILCS 2005/71,
31 subsec. N
32 20 ILCS 2005/2005-85...................20 ILCS 2005/71,
33 subsec. O
34 20 ILCS 2105/2105-1....................new
HB0236 Engrossed -747- LRB9100031DJcdA
1 20 ILCS 2105/2105-5....................20 ILCS 2105/60b
2 20 ILCS 2105/2105-10...................20 ILCS 2105/61d
3 20 ILCS 2105/2105-15...................20 ILCS 2105/60
4 20 ILCS 2105/2105-25...................20 ILCS 2105/60.01
5 20 ILCS 2105/2105-40...................20 ILCS 2105/61
6 20 ILCS 2105/2105-55...................20 ILCS 2105/61c
7 20 ILCS 2105/2105-75...................20 ILCS 2105/61f
8 (formerly 110 ILCS
9 355/62.1; revised
10 10-28-98)
11 20 ILCS 2105/2105-100..................20 ILCS 2105/60c
12 20 ILCS 2105/2105-105..................20 ILCS 2105/60d
13 20 ILCS 2105/2105-110..................20 ILCS 2105/60e
14 20 ILCS 2105/2105-115..................20 ILCS 2105/60f
15 20 ILCS 2105/2105-120..................20 ILCS 2105/60g
16 20 ILCS 2105/2105-125..................20 ILCS 2105/60h
17 20 ILCS 2105/2105-150..................20 ILCS 2105/60m
18 20 ILCS 2105/2105-155..................20 ILCS 2105/60n
19 20 ILCS 2105/2105-175..................20 ILCS 2105/60a,
20 in part
21 20 ILCS 2105/2105-200..................20 ILCS 2105/60.1
22 20 ILCS 2105/2105-205..................20 ILCS 2105/60.3
23 20 ILCS 2105/2105-210..................20 ILCS 2105/60.2
24 20 ILCS 2105/2105-215..................20 ILCS 2105/61a
25 20 ILCS 2105/2105-220..................20 ILCS 2105/61b
26 20 ILCS 2105/2105-300..................20 ILCS 2105/61e
27 20 ILCS 2105/2105-325..................20 ILCS 2105/60a,
28 in part
29 20 ILCS 2205/2205-1....................new
30 20 ILCS 2205/2205-5....................20 ILCS 2205/48a
31 20 ILCS 2205/2205-10...................20 ILCS 2205/48b
32 20 ILCS 2310/2310-1....................new
33 20 ILCS 2310/2310-5....................new
HB0236 Engrossed -748- LRB9100031DJcdA
1 20 ILCS 2310/2310-10...................20 ILCS 2310/55
2 20 ILCS 2310/2310-15...................20 ILCS 2310/55.02
3 20 ILCS 2310/2310-20...................20 ILCS 2310/55.17
4 20 ILCS 2310/2310-25...................20 ILCS 2310/55.05
5 20 ILCS 2310/2310-30...................20 ILCS 2310/55.12
6 20 ILCS 2310/2310-35...................20 ILCS 2310/55.27
7 20 ILCS 2310/2310-40...................20 ILCS 2310/55.28
8 20 ILCS 2310/2310-45...................20 ILCS 2310/55.29
9 20 ILCS 2310/2310-50...................20 ILCS 2310/55.19
10 20 ILCS 2310/2310-55...................20 ILCS 2310/55.14
11 20 ILCS 2310/2310-60...................20 ILCS 2310/55.22
12 20 ILCS 2310/2310-65...................20 ILCS 2310/55.26
13 20 ILCS 2310/2310-75...................20 ILCS 2310/55.38
14 20 ILCS 2310/2310-80...................20 ILCS 2310/55.89
15 20 ILCS 2310/2310-90...................20 ILCS 2310/55.09
16 20 ILCS 2310/2310-100..................20 ILCS 2310/55.16
17 20 ILCS 2310/2310-105..................20 ILCS 2310/55.18
18 20 ILCS 2310/2310-110..................20 ILCS 2310/55.25
19 20 ILCS 2310/2310-130..................20 ILCS 2310/55.82
20 20 ILCS 2310/2310-135..................20 ILCS 2310/55.37
21 20 ILCS 2310/2310-140..................20 ILCS 2310/55.37a
22 20 ILCS 2310/2310-155..................20 ILCS 2310/55.24
23 20 ILCS 2310/2310-170..................20 ILCS 2310/55.30
24 20 ILCS 2310/2310-185..................20 ILCS 2310/55.51
25 20 ILCS 2310/2310-195..................20 ILCS 2310/55.39
26 20 ILCS 2310/2310-200..................20 ILCS 2310/55.53
27 20 ILCS 2310/2310-205..................20 ILCS 2310/55.57
28 20 ILCS 2310/2310-210..................20 ILCS 2310/55.62a
29 20 ILCS 2310/2310-215..................20 ILCS 2310/55.62
30 20 ILCS 2310/2310-220..................20 ILCS 2310/55.73
31 20 ILCS 2310/2310-225..................20 ILCS 2310/55.58
32 20 ILCS 2310/2310-230..................20 ILCS 2310/55.67
33 20 ILCS 2310/2310-235..................20 ILCS 2310/55.63
34 20 ILCS 2310/2310-250..................20 ILCS 2310/55.13
HB0236 Engrossed -749- LRB9100031DJcdA
1 20 ILCS 2310/2310-255..................20 ILCS 2310/55.75
2 20 ILCS 2310/2310-275..................20 ILCS 2310/55.61
3 20 ILCS 2310/2310-300..................20 ILCS 2310/55.78
4 20 ILCS 2310/2310-305..................20 ILCS 2310/55.64
5 20 ILCS 2310/2310-310..................20 ILCS 2310/55.79
6 20 ILCS 2310/2310-315..................20 ILCS 2310/55.41
7 20 ILCS 2310/2310-320..................20 ILCS 2310/55.56
8 20 ILCS 2310/2310-325..................20 ILCS 2310/55.45
9 20 ILCS 2310/2310-330..................20 ILCS 2310/55.46
10 20 ILCS 2310/2310-335..................20 ILCS 2310/55.43
11 20 ILCS 2310/2310-340..................20 ILCS 2310/55.68
12 20 ILCS 2310/2310-345..................20 ILCS 2310/55.49
13 20 ILCS 2310/2310-350..................20 ILCS 2310/55.70
14 20 ILCS 2310/2310-352..................20 ILCS 2310/55.86
15 20 ILCS 2310/2310-355..................20 ILCS 2310/55.23
16 20 ILCS 2310/2310-360..................20 ILCS 2310/55.80
17 20 ILCS 2310/2310-365..................20 ILCS 2310/55.31b
18 20 ILCS 2310/2310-370..................20 ILCS 2310/55.76
19 20 ILCS 2310/2310-375..................20 ILCS 2310/55.36
20 20 ILCS 2310/2310-380..................20 ILCS 2310/55.52
21 20 ILCS 2310/2310-385..................20 ILCS 2310/55.31a
22 20 ILCS 2310/2310-390..................20 ILCS 2310/55.65
23 20 ILCS 2310/2310-392..................20 ILCS 2310/55.85
24 20 ILCS 2310/2310-395..................20 ILCS 2310/55.72
25 20 ILCS 2310/2310-397..................20 ILCS 2310/55.90
26 20 ILCS 2310/2310-400..................20 ILCS 2310/55.83
27 20 ILCS 2310/2310-405..................20 ILCS 2310/55.55
28 20 ILCS 2310/2310-410..................20 ILCS 2310/55.42
29 20 ILCS 2310/2310-415..................20 ILCS 2310/55.81
30 20 ILCS 2310/2310-420..................20 ILCS 2310/55.74
31 20 ILCS 2310/2310-425..................20 ILCS 2310/55.66
32 20 ILCS 2310/2310-430..................20 ILCS 2310/55.69
33 20 ILCS 2310/2310-435..................20 ILCS 2310/55.44
34 20 ILCS 2310/2310-440..................20 ILCS 2310/55.54
HB0236 Engrossed -750- LRB9100031DJcdA
1 20 ILCS 2310/2310-442..................20 ILCS 2310/55.84
2 20 ILCS 2310/2310-445..................20 ILCS 2310/55.71
3 20 ILCS 2310/2310-500..................20 ILCS 2310/55.07
4 20 ILCS 2310/2310-505..................20 ILCS 2310/55.08
5 20 ILCS 2310/2310-510..................20 ILCS 2310/55.15
6 20 ILCS 2310/2310-530..................20 ILCS 2310/55.04
7 20 ILCS 2310/2310-535..................20 ILCS 2310/55.21
8 20 ILCS 2310/2310-540..................20 ILCS 2310/55.31
9 20 ILCS 2310/2310-545..................20 ILCS 2310/55.20
10 20 ILCS 2310/2310-550..................20 ILCS 2310/55.40
11 20 ILCS 2310/2310-555..................20 ILCS 2310/55.06
12 20 ILCS 2310/2310-560..................20 ILCS 2310/55.87
13 20 ILCS 2310/2310-565..................20 ILCS 2310/55.88
14 20 ILCS 2310/2310-575..................20 ILCS 2310/55.10
15 20 ILCS 2310/2310-580..................20 ILCS 2310/55.11
16 20 ILCS 2505/2505-1....................new
17 20 ILCS 2505/2505-5....................new
18 20 ILCS 2505/2505-10...................20 ILCS 2505/39b
19 20 ILCS 2505/2505-15...................20 ILCS 2505/39b1
20 20 ILCS 2505/2505-20...................20 ILCS 2505/39b2
21 20 ILCS 2505/2505-25...................20 ILCS 2505/39b3
22 20 ILCS 2505/2505-30...................20 ILCS 2505/39b4
23 20 ILCS 2505/2505-35...................20 ILCS 2505/39b5
24 20 ILCS 2505/2505-40...................20 ILCS 2505/39b6
25 20 ILCS 2505/2505-45...................20 ILCS 2505/39b7
26 20 ILCS 2505/2505-60...................20 ILCS 2505/39b10
27 20 ILCS 2505/2505-65...................20 ILCS 2505/39b12
28 20 ILCS 2505/2505-70...................20 ILCS 2505/39b24
29 20 ILCS 2505/2505-80...................20 ILCS 2505/39b26
30 20 ILCS 2505/2505-85...................20 ILCS 2505/39b27
31 20 ILCS 2505/2505-90...................20 ILCS 2505/39b28
32 20 ILCS 2505/2505-95...................20 ILCS 2505/39b29
33 20 ILCS 2505/2505-100..................20 ILCS 2505/39b30
34 20 ILCS 2505/2505-105..................20 ILCS 2505/39b31
HB0236 Engrossed -751- LRB9100031DJcdA
1 20 ILCS 2505/2505-175..................20 ILCS 2505/39c-2
2 20 ILCS 2505/2505-190..................20 ILCS 2505/39c-4
3 20 ILCS 2505/2505-200..................20 ILCS 2505/39c-1a
4 20 ILCS 2505/2505-205..................20 ILCS 2505/39c-1b
5 20 ILCS 2505/2505-210..................20 ILCS 2505/39c-1
6 20 ILCS 2505/2505-215..................20 ILCS 2505/39c-3
7 20 ILCS 2505/2505-250..................20 ILCS 2505/39c
8 20 ILCS 2505/2505-275..................20 ILCS 2505/39e
9 20 ILCS 2505/2505-300..................20 ILCS 2505/39b15
10 20 ILCS 2505/2505-305..................20 ILCS 2505/39b15.1
11 20 ILCS 2505/2505-310..................20 ILCS 2505/39b15.2
12 20 ILCS 2505/2505-315..................20 ILCS 2505/39b16
13 20 ILCS 2505/2505-320..................20 ILCS 2505/39b17
14 20 ILCS 2505/2505-340..................20 ILCS 2505/39b35.1
15 20 ILCS 2505/2505-360..................20 ILCS 2505/39b48
16 20 ILCS 2505/2505-380..................20 ILCS 2505/39b47
17 20 ILCS 2505/2505-400..................20 ILCS 2505/39b49
18 20 ILCS 2505/2505-405..................20 ILCS 2505/39c-1c
19 20 ILCS 2505/2505-425..................20 ILCS 2505/39b54
20 20 ILCS 2505/2505-450..................20 ILCS 2505/39b18
21 20 ILCS 2505/2505-475..................20 ILCS 2505/39b32
22 20 ILCS 2505/2505-500..................20 ILCS 2505/39b11
23 20 ILCS 2505/2505-505..................20 ILCS 2505/39b20
24 20 ILCS 2505/2505-510..................20 ILCS 2505/39b20.1
25 20 ILCS 2505/2505-550..................20 ILCS 2505/39b51
26 20 ILCS 2505/2505-575..................20 ILCS 2505/39b53
27 20 ILCS 2505/2505-600..................20 ILCS 2505/39b21
28 20 ILCS 2505/2505-605..................20 ILCS 2505/39b22
29 20 ILCS 2505/2505-625..................20 ILCS 2505/39b35
30 20 ILCS 2505/2505-630..................20 ILCS 2505/39b36
31 20 ILCS 2505/2505-650..................20 ILCS 2505/39b52
32 20 ILCS 2505/2505-675..................20 ILCS 2505/39b50
33 20 ILCS 2505/2505-700..................20 ILCS 2505/39b13
34 20 ILCS 2505/2505-705..................20 ILCS 2505/39b14
HB0236 Engrossed -752- LRB9100031DJcdA
1 20 ILCS 2505/2505-730..................20 ILCS 2505/39b23
2 20 ILCS 2505/2505-790..................20 ILCS 2505/39b33
3 20 ILCS 2505/2505-795..................20 ILCS 2505/39b19
4 20 ILCS 2605/2605-1....................new
5 20 ILCS 2605/2605-5....................new
6 20 ILCS 2605/2605-10...................20 ILCS 2605/55a,
7 subsec. (A), in part
8 20 ILCS 2605/2605-15...................20 ILCS 2605/55a,
9 subdiv. (A)26
10 20 ILCS 2605/2605-25...................20 ILCS 2605/55a-1
11 20 ILCS 2605/2605-30...................20 ILCS 2605/55a-2
12 20 ILCS 2605/2605-35...................20 ILCS 2605/55a-3
13 20 ILCS 2605/2605-40...................20 ILCS 2605/55a-4
14 20 ILCS 2605/2605-45...................20 ILCS 2605/55a-5
15 20 ILCS 2605/2605-50...................20 ILCS 2605/55a-6
16 20 ILCS 2605/2605-75...................20 ILCS 2605/55a,
17 subsec. (C)
18 20 ILCS 2605/2605-100..................20 ILCS 2605/55a,
19 subdiv. (A)1
20 20 ILCS 2605/2605-105..................20 ILCS 2605/55a,
21 subdiv. (A)2
22 20 ILCS 2605/2605-110..................20 ILCS 2605/55a,
23 subdiv. (A)3
24 20 ILCS 2605/2605-115..................20 ILCS 2605/55a,
25 subdiv. (A)9
26 20 ILCS 2605/2605-120..................20 ILCS 2605/55a,
27 subdiv. (A)10
28 20 ILCS 2605/2605-130..................20 ILCS 2605/55a,
29 subdiv. (A)23
30 20 ILCS 2605/2605-135..................20 ILCS 2605/55c
31 20 ILCS 2605/2605-140..................20 ILCS 2605/55a,
32 subdiv. (A)8
33 20 ILCS 2605/2605-190..................20 ILCS 2605/55a,
34 subdiv. (A)11
HB0236 Engrossed -753- LRB9100031DJcdA
1 20 ILCS 2605/2605-200..................20 ILCS 2605/55a,
2 subdiv. (A)4
3 20 ILCS 2605/2605-205..................20 ILCS 2605/55a,
4 subdiv. (A)17
5 20 ILCS 2605/2605-210..................20 ILCS 2605/55a,
6 subdiv. (A)29
7 20 ILCS 2605/2605-215..................20 ILCS 2605/55a,
8 subdiv. (A)14
9 20 ILCS 2605/2605-220..................20 ILCS 2605/55a-7
10 20 ILCS 2605/2605-250..................20 ILCS 2605/55a,
11 subdiv. (A)15
12 20 ILCS 2605/2605-275..................20 ILCS 2605/55a,
13 subdiv. (A)30
14 20 ILCS 2605/2605-300..................20 ILCS 2605/55a,
15 subdiv. (A)5
16 20 ILCS 2605/2605-305..................20 ILCS 2605/55a,
17 subsec. (B)
18 20 ILCS 2605/2605-315..................20 ILCS 2605/55a,
19 subdiv. (A)34
20 20 ILCS 2605/2605-320..................20 ILCS 2605/55a,
21 subdiv. (A)36
22 20 ILCS 2605/2605-325..................20 ILCS 2605/55a,
23 subdiv. (A)25
24 20 ILCS 2605/2605-335..................20 ILCS 2605/55a,
25 subdiv. (A)28
26 20 ILCS 2605/2605-340..................20 ILCS 2605/55a,
27 subdiv. (A)32
28 20 ILCS 2605/2605-350..................20 ILCS 2605/55a,
29 subdiv. (A)18
30 20 ILCS 2605/2605-355..................20 ILCS 2605/55a,
31 subdiv. (A)19
32 20 ILCS 2605/2605-360..................20 ILCS 2605/55a,
33 subdiv. (A)20
34 20 ILCS 2605/2605-365..................20 ILCS 2605/55a,
HB0236 Engrossed -754- LRB9100031DJcdA
1 subdiv. (A)21
2 20 ILCS 2605/2605-375..................20 ILCS 2605/55a,
3 subdiv. (A)24
4 20 ILCS 2605/2605-377..................20 ILCS 2605/55a,
5 subdiv. (A)35
6 20 ILCS 2605/2605-380..................20 ILCS 2605/55a-8
7 20 ILCS 2605/2605-390..................20 ILCS 2605/55a,
8 subdiv. (A)31
9 20 ILCS 2605/2605-400..................20 ILCS 2605/55a,
10 subdiv. (A)22
11 20 ILCS 2605/2605-405..................20 ILCS 2605/55a,
12 subdiv. (A)33
13 20 ILCS 2605/2605-420..................20 ILCS 2605/55a,
14 subdiv. (A)16
15 20 ILCS 2605/2605-430..................20 ILCS 2605/55a,
16 subdiv. (A)7
17 20 ILCS 2605/2605-435..................20 ILCS 2605/55a,
18 subdiv. (A)27
19 20 ILCS 2605/2605-500..................20 ILCS 2605/55a,
20 subdiv. (A)6
21 20 ILCS 2605/2605-505..................20 ILCS 2605/55b
22 20 ILCS 2605/2605-525..................20 ILCS 2605/55a,
23 subdiv. (A)13
24 20 ILCS 2605/2605-550..................20 ILCS 2605/55a,
25 subdiv. (A)12
26 20 ILCS 2705/2705-1....................new
27 20 ILCS 2705/2705-5....................new
28 20 ILCS 2705/2705-10...................20 ILCS 2705/49,
29 in part
30 20 ILCS 2705/2705-15...................20 ILCS 2705/49,
31 in part, and 2705/49.23
32 20 ILCS 2705/2705-90...................20 ILCS 2705/49.31
33 20 ILCS 2705/2705-100..................20 ILCS 2705/49.01a
34 20 ILCS 2705/2705-105..................20 ILCS 2705/49.06a
HB0236 Engrossed -755- LRB9100031DJcdA
1 20 ILCS 2705/2705-110..................20 ILCS 2705/49.07a
2 20 ILCS 2705/2705-115..................20 ILCS 2705/49.08a
3 20 ILCS 2705/2705-120..................20 ILCS 2705/49.11
4 20 ILCS 2705/2705-125..................20 ILCS 2705/49.22
5 20 ILCS 2705/2705-175..................20 ILCS 2705/49.24
6 20 ILCS 2705/2705-200..................20 ILCS 2705/49.16
7 20 ILCS 2705/2705-205..................20 ILCS 2705/49.21
8 20 ILCS 2705/2705-210..................20 ILCS 2705/49.15
9 20 ILCS 2705/2705-215..................20 ILCS 2705/49.27
10 20 ILCS 2705/2705-225..................20 ILCS 2705/49.02a
11 20 ILCS 2705/2705-240..................20 ILCS 2705/49.17
12 20 ILCS 2705/2705-245..................20 ILCS 2705/49.20
13 20 ILCS 2705/2705-255..................20 ILCS 2705/49.14
14 20 ILCS 2705/2705-265..................20 ILCS 2705/49.33
15 20 ILCS 2705/2705-275..................20 ILCS 2705/49.25j
16 20 ILCS 2705/2705-285..................20 ILCS 2705/49.06b
17 20 ILCS 2705/2705-300..................20 ILCS 2705/49.18
18 20 ILCS 2705/2705-305..................20 ILCS 2705/49.19
19 20 ILCS 2705/2705-310..................20 ILCS 2705/49.19a
20 20 ILCS 2705/2705-315..................20 ILCS 2705/49.19b
21 20 ILCS 2705/2705-350..................20 ILCS 2705/49.26
22 20 ILCS 2705/2705-375..................20 ILCS 2705/49.34
23 20 ILCS 2705/2705-400..................20 ILCS 2705/49.25a
24 20 ILCS 2705/2705-405..................20 ILCS 2705/49.25b
25 20 ILCS 2705/2705-410..................20 ILCS 2705/49.25c
26 20 ILCS 2705/2705-415..................20 ILCS 2705/49.25d
27 20 ILCS 2705/2705-420..................20 ILCS 2705/49.25e
28 20 ILCS 2705/2705-425..................20 ILCS 2705/49.25f
29 20 ILCS 2705/2705-430..................20 ILCS 2705/49.25g
30 20 ILCS 2705/2705-435..................20 ILCS 2705/49.25g-1
31 20 ILCS 2705/2705-440..................20 ILCS 2705/49.25h
32 20 ILCS 2705/2705-445..................20 ILCS 2705/49.25i
33 20 ILCS 2705/2705-450..................20 ILCS 2705/49.25h-1
34 20 ILCS 2705/2705-500..................20 ILCS 2705/49.29
HB0236 Engrossed -756- LRB9100031DJcdA
1 20 ILCS 2705/2705-505..................20 ILCS 2705/49.30
2 20 ILCS 2705/2705-510..................20 ILCS 2705/49.15a
3 20 ILCS 2705/2705-550..................20 ILCS 2705/49.12
4 20 ILCS 2705/2705-575..................20 ILCS 2705/49.28
5 110 ILCS 355/3000-1....................new
6 110 ILCS 355/3000-5....................110 ILCS 355/62
7 ARTICLE 99. EFFECTIVE DATE
8 Section 99-5. Effective date. This Act takes effect
9 January 1, 2000.
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