093_HB3188

 
                                     LRB093 05878 EFG 05971 b

 1        AN ACT to revise the law by combining multiple enactments
 2    and making technical corrections.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  Nature of this Act.
 6        (a)  This Act may be cited  as  the  First  2003  General
 7    Revisory Act.
 8        (b)  This  Act  is  not  intended to make any substantive
 9    change in the law.  It reconciles conflicts that have  arisen
10    from  multiple  amendments and enactments and makes technical
11    corrections and revisions in the law.
12        This  Act  revises  and,  where  appropriate,   renumbers
13    certain Sections that have been added or amended by more than
14    one  Public Act.  In certain cases in which a repealed Act or
15    part of an Act has been replaced with a successor  law,  this
16    Act  incorporates amendments to the repealed Act or part into
17    the successor law.  This Act also  corrects  errors,  revises
18    cross-references, and deletes obsolete text.
19        (c)  In  this  Act,  the  reference  at  the  end of each
20    amended Section indicates the sources in the Session Laws  of
21    Illinois  that  were  used  in the preparation of the text of
22    that Section.  The text of the Section included in  this  Act
23    is  intended  to  reconcile  the  different  versions  of the
24    Section found in the Public Acts  included  in  the  list  of
25    sources, but may not include other versions of the Section to
26    be  found in Public Acts not included in the list of sources.
27    The list of sources is not a part of the text of the Section.
28        (d)  Public Acts 92-520 through 92-886 were considered in
29    the preparation of the combining revisories included in  this
30    Act.   Many of those combining revisories contain no striking
31    or underscoring because no additional changes are being  made
32    in the material that is being combined.
 
                            -2-      LRB093 05878 EFG 05971 b
 1        (5 ILCS 80/4.13 rep.)
 2        Section  4.   The  Regulatory  Sunset  Act  is amended by
 3    repealing Section 4.13.

 4        Section  5.  The Regulatory  Sunset  Act  is  amended  by
 5    changing Sections 4.22 and 4.23 as follows:

 6        (5 ILCS 80/4.22)
 7        Sec.  4.22.  Acts  Act  repealed on January 1, 2012.  The
 8    following Acts are Act is repealed on January 1, 2012:
 9        The Detection of Deception Examiners Act.
10        The Home Inspector License Act.
11        The Interior Design Title Act.
12        The Massage Licensing Act.
13        The Petroleum Equipment Contractors Licensing Act.
14        The Professional Boxing Act.
15        The Real Estate Appraiser Licensing Act of 2002.
16        The Water Well and Pump Installation Contractor's License
17    Act.
18    (Source: P.A. 92-104,  eff.  7-20-01;  92-180,  eff.  7-1-02;
19    92-239,  eff.  8-3-01;  92-453,  eff.  8-21-01;  92-499, eff.
20    1-1-02; 92-500, eff. 12-18-01; 92-618, eff. 7-11-02;  92-651,
21    eff. 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)

22        (5 ILCS 80/4.23)
23        Sec.  4.23.   Acts  and  Sections Act Section repealed on
24    January 1, 2013.  The following Acts and Sections of Acts are
25    Act Section is repealed on January 1, 2013:
26        The Dietetic and Nutrition Services Practice Act.
27        The Elevator Safety and Regulation Act.
28        The Funeral Directors and Embalmers Licensing Code.
29        The Naprapathic Practice Act.
30        The  Professional  Counselor  and  Clinical  Professional
31    Counselor Licensing Act.
 
                            -3-      LRB093 05878 EFG 05971 b
 1        The Wholesale Drug Distribution Licensing Act.
 2        Section 2.5 of the Illinois Plumbing License Law.
 3    (Source: P.A. 92-586, eff.  6-26-02;  92-641,  eff.  7-11-02;
 4    92-642,  eff.  7-11-02;  92-655,  eff.  7-16-02; 92-719, eff.
 5    7-25-02; 92-778, eff. 8-6-02; 92-873,  eff.  6-1-03;  revised
 6    1-18-03.)

 7        Section  6.  The Illinois Administrative Procedure Act is
 8    amended by changing Section 1-5 as follows:

 9        (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
10        Sec. 1-5.  Applicability.
11        (a)  This Act applies to every agency as defined in  this
12    Act.  Beginning  January 1, 1978, in case of conflict between
13    the provisions of this Act and the Act creating or conferring
14    power on an agency, this Act shall control.  If, however,  an
15    agency  (or its predecessor in the case of an agency that has
16    been consolidated or reorganized) has existing procedures  on
17    July  1, 1977, specifically for contested cases or licensing,
18    those existing provisions control, except that this exception
19    respecting contested cases and licensing does  not  apply  if
20    the  Act creating or conferring power on the agency adopts by
21    express reference the provisions of this Act.  Where the  Act
22    creating   or  conferring  power  on  an  agency  establishes
23    administrative procedures not  covered  by  this  Act,  those
24    procedures shall remain in effect.
25        (b)  The  provisions  of  this  Act  do  not apply to (i)
26    preliminary hearings, investigations, or practices  where  no
27    final  determinations affecting State funding are made by the
28    State Board of Education, (ii) legal  opinions  issued  under
29    Section  2-3.7 of the School Code, (iii) as to State colleges
30    and   universities,   their   disciplinary   and    grievance
31    proceedings,  academic  irregularity  and  capricious grading
32    proceedings, and admission standards and procedures, and (iv)
 
                            -4-      LRB093 05878 EFG 05971 b
 1    the  class  specifications  for  positions   and   individual
 2    position  descriptions  prepared  and  maintained  under  the
 3    Personnel  Code.   Those class specifications shall, however,
 4    be made reasonably available to the public for inspection and
 5    copying.  The provisions of this Act do not apply to hearings
 6    under Section 20 of  the  Uniform  Disposition  of  Unclaimed
 7    Property Act.
 8        (c)  Section  5-35 of this Act relating to procedures for
 9    rulemaking does not apply to the following:
10             (1)  Rules adopted by the  Pollution  Control  Board
11        that, in accordance with Section 7.2 of the Environmental
12        Protection  Act,  are  identical  in substance to federal
13        regulations   or   amendments   to   those    regulations
14        implementing  the  following:  Sections 3001, 3002, 3003,
15        3004, 3005, and 9003 of the  Solid  Waste  Disposal  Act;
16        Section  105 of the Comprehensive Environmental Response,
17        Compensation, and Liability Act of 1980; Sections 307(b),
18        307(c), 307(d), 402(b)(8), and 402(b)(9) of  the  Federal
19        Water   Pollution  Control  Act;  and  Sections  1412(b),
20        1414(c), 1417(a), 1421, and 1445(a) of the Safe  Drinking
21        Water Act.
22             (2)  Rules  adopted  by  the Pollution Control Board
23        that establish or amend standards  for  the  emission  of
24        hydrocarbons  and  carbon  monoxide from gasoline powered
25        motor  vehicles  subject  to  inspection  under   Section
26        13A-105 of the Vehicle Emissions Inspection Law and rules
27        adopted  under  Section  13B-20  of the Vehicle Emissions
28        Inspection Law of 1995.
29             (3)  Procedural  rules  adopted  by  the   Pollution
30        Control  Board  governing  requests  for exceptions under
31        Section 14.2 of the Environmental Protection Act.
32             (4)  The Pollution Control Board's  grant,  pursuant
33        to an adjudicatory determination, of an adjusted standard
34        for persons who can justify an adjustment consistent with
 
                            -5-      LRB093 05878 EFG 05971 b
 1        subsection   (a)  of  Section  27  of  the  Environmental
 2        Protection Act.
 3             (5)  Rules adopted by the  Pollution  Control  Board
 4        that  are  identical  in  substance  to  the  regulations
 5        adopted  by  the  Office  of the State Fire Marshal under
 6        clause (ii) of paragraph (b) of subsection (3) of Section
 7        2 of the Gasoline Storage Act.
 8        (d)  Pay  rates  established  under  Section  8a  of  the
 9    Personnel Code shall be amended or repealed pursuant  to  the
10    process  set  forth  in  Section 5-50 within 30 days after it
11    becomes necessary to do so due  to  a  conflict  between  the
12    rates  and  the  terms  of  a collective bargaining agreement
13    covering the compensation of  an  employee  subject  to  that
14    Code.
15        (e)  Section  10-45  of  this  Act shall not apply to any
16    hearing, proceeding, or investigation conducted under Section
17    13-515 of the Public Utilities Act.
18        (f)  Article 10  of  this  Act  does  not  apply  to  any
19    hearing,  proceeding, or investigation conducted by the State
20    Council for the  State  of  Illinois  created  under  Section
21    3-3-11.05  of  the  Unified  Code  of  Corrections  or by the
22    Interstate   Commission   Commision   for   Adult    Offender
23    Supervision  created  under  the Interstate Compact for Adult
24    Offender Supervision.
25    (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)

26        Section 7.  The State Records Act is amended by  changing
27    Section 7 as follows:

28        (5 ILCS 160/7) (from Ch. 116, par. 43.10)
29        Sec. 7. Powers and duties of the Secretary.:
30        (1)  The  Secretary,  whenever it appears to him to be in
31    the public interest, may accept  for  deposit  in  the  State
32    Archives  the  records of any agency or of the Legislative or
 
                            -6-      LRB093 05878 EFG 05971 b
 1    Judicial branches of the State government that are determined
 2    by him to  have  sufficient  historical  or  other  value  to
 3    warrant  the  permanent  preservation  of such records by the
 4    State of Illinois.;
 5        (2)  The Secretary may accept for deposit  in  the  State
 6    Archives  official papers, photographs, microfilm, electronic
 7    and digital records, drawings, maps, writings, and records of
 8    every  description  of  counties,   municipal   corporations,
 9    political  subdivisions and courts of this State, and records
10    of the federal government pertaining to Illinois,  when  such
11    materials  are  deemed  by  the  Secretary to have sufficient
12    historical  or  other  value  to  warrant   their   continued
13    preservation by the State of Illinois.
14        (3)  The  Secretary,  whenever  he deems it in the public
15    interest, may accept for deposit in the State Archives motion
16    picture films, still pictures, and sound recordings that  are
17    appropriate  for  preservation  by  the  State  government as
18    evidence of its organization, functions and policies.
19        (4)  The Secretary shall be responsible for the  custody,
20    use,  servicing  and  withdrawal  of  records transferred for
21    deposit in the State Archives.  The Secretary  shall  observe
22    any  rights,  limitations,  or  restrictions  imposed  by law
23    relating to the use of records, including the  provisions  of
24    the    Mental    Health    and   Developmental   Disabilities
25    Confidentiality Act which limit access to certain records  or
26    which permit access to certain records only after the removal
27    of  all  personally  identifiable data.  Access to restricted
28    records shall be at the direction  of  the  depositing  State
29    agency   or,   in  the  case  of  records  deposited  by  the
30    legislative or judicial branches of State government  at  the
31    direction   of  the  branch  which  deposited  them,  but  no
32    limitation on access to such records shall extend  more  than
33    75  years  after  the  creation  of  the  records,  except as
34    provided in the Mental Health and Developmental  Disabilities
 
                            -7-      LRB093 05878 EFG 05971 b
 1    Confidentiality   Act.    The   Secretary  shall  not  impose
 2    restrictions on the use of records that are defined by law as
 3    public records or as records open to public inspection.;
 4        (5)  The  Secretary  shall   make   provision   for   the
 5    preservation,   arrangement,   repair,   and  rehabilitation,
 6    duplication and reproduction, description, and exhibition  of
 7    records  deposited  in the State Archives as may be needed or
 8    appropriate.;
 9        (6)  The Secretary shall make or  reproduce  and  furnish
10    upon demand authenticated or unauthenticated copies of any of
11    the   documents,   photographic  material  or  other  records
12    deposited in the State Archives, the  public  examination  of
13    which   is   not   prohibited  by  statutory  limitations  or
14    restrictions or protected by copyright.  The Secretary  shall
15    charge a fee therefor in accordance with the schedule of fees
16    in  Section  5.5  of the Secretary of State Act 10 of "An Act
17    concerning fees and salaries, and  to  classify  the  several
18    counties  of  this  state  with  reference thereto," approved
19    March 29, 1872, as amended, except that  there  shall  be  no
20    charge  for  making  or  authentication  of  such  copies  or
21    reproductions  furnished  to  any department or agency of the
22    State for official use.  When any such copy  or  reproduction
23    is  authenticated  by the Great Seal of the State of Illinois
24    and is certified by the Secretary, or  in  his  name  by  his
25    authorized representative, such copy or reproduction shall be
26    admitted in evidence as if it were the original.
27        (7)  Any  official of the State of Illinois may turn over
28    to the Secretary of State, with his  consent,  for  permanent
29    preservation  in  the  State  Archives,  any  official books,
30    records, documents, original papers, or files, not in current
31    use in his office, taking a receipt therefor.
32        (8)  (Blank).
33        (9)  The Secretary may cooperate with the Illinois  State
34    Genealogical  Society, or its successor organization, for the
 
                            -8-      LRB093 05878 EFG 05971 b
 1    mutual  benefit  of  the  Society  and  the  Illinois   State
 2    Archives,  with the State Archives furnishing necessary space
 3    for the society to  carry  on  its  functions  and  keep  its
 4    records,  to  receive  publications  of  the  Illinois  State
 5    Genealogical  Society,  to  use members of the Illinois State
 6    Genealogical  Society  as  volunteers  in  various   archival
 7    projects   and  to  store  the  Illinois  State  Genealogical
 8    Society's film collections.
 9    (Source: P.A. 92-866, eff. 1-3-03; revised 1-20-03.)

10        Section 8.  The State Employees Group  Insurance  Act  of
11    1971 is amended by changing Sections 6.5 and 10 as follows:

12        (5 ILCS 375/6.5)
13        (Section scheduled to be repealed on July 1, 2004)
14        Sec.  6.5. Health benefits for TRS benefit recipients and
15    TRS dependent beneficiaries.
16        (a)  Purpose.  It is the purpose of this  amendatory  Act
17    of  1995  to  transfer  the  administration of the program of
18    health benefits established for benefit recipients and  their
19    dependent  beneficiaries  under  Article  16  of the Illinois
20    Pension  Code  to  the  Department  of   Central   Management
21    Services.
22        (b)  Transition provisions.  The Board of Trustees of the
23    Teachers'  Retirement System shall continue to administer the
24    health benefit program established under Article  16  of  the
25    Illinois  Pension  Code through December 31, 1995.  Beginning
26    January  1,  1996,  the  Department  of  Central   Management
27    Services  shall be responsible for administering a program of
28    health benefits for TRS benefit recipients and TRS  dependent
29    beneficiaries  under this Section.  The Department of Central
30    Management Services and the Teachers' Retirement System shall
31    cooperate  in  this  endeavor  and  shall  coordinate   their
32    activities   so   as   to  ensure  a  smooth  transition  and
 
                            -9-      LRB093 05878 EFG 05971 b
 1    uninterrupted health benefit coverage.
 2        (c)  Eligibility.  All persons who were enrolled  in  the
 3    Article  16  program  at  the  time  of the transfer shall be
 4    eligible to participate in the program established under this
 5    Section without any interruption  or  delay  in  coverage  or
 6    limitation    as    to   pre-existing   medical   conditions.
 7    Eligibility  to  participate  shall  be  determined  by   the
 8    Teachers'  Retirement  System.  Eligibility information shall
 9    be communicated  to  the  Department  of  Central  Management
10    Services in a format acceptable to the Department.
11        A TRS dependent beneficiary who is an unmarried child age
12    19  or  over  and mentally or physically handicapped does not
13    become ineligible to participate by reason  of  (i)  becoming
14    ineligible  to  be  claimed  as  a  dependent for Illinois or
15    federal income tax purposes or (ii) receiving earned  income,
16    so  long  as those earnings are insufficient for the child to
17    be fully self-sufficient.
18        (d)  Coverage.  The level  of  health  benefits  provided
19    under  this Section shall be similar to the level of benefits
20    provided by the program previously established under  Article
21    16 of the Illinois Pension Code.
22        Group  life  insurance  benefits  are not included in the
23    benefits to be provided to TRS  benefit  recipients  and  TRS
24    dependent beneficiaries under this Act.
25        The  program  of  health  benefits under this Section may
26    include any or all of the benefit limitations, including  but
27    not  limited  to a reduction in benefits based on eligibility
28    for  federal  medicare  benefits,  that  are  provided  under
29    subsection (a) of Section 6 of  this  Act  for  other  health
30    benefit programs under this Act.
31        (e)  Insurance  rates  and  premiums.  The Director shall
32    determine the insurance rates and premiums  for  TRS  benefit
33    recipients and TRS dependent beneficiaries, and shall present
34    to  the Teachers' Retirement System of the State of Illinois,
 
                            -10-     LRB093 05878 EFG 05971 b
 1    by  April  15  of  each  calendar  year,   the   rate-setting
 2    methodology  (including but not limited to utilization levels
 3    and costs) used to determine the amount of  the  health  care
 4    premiums.
 5        For  Fiscal  Year 1996, the premium shall be equal to the
 6    premium actually charged in Fiscal Year 1995;  in  subsequent
 7    years,  the  premium  shall  never  be lower than the premium
 8    charged in Fiscal Year  1995.   For  Fiscal  Year  2003,  the
 9    premium shall not exceed 110% of the premium actually charged
10    in Fiscal Year 2002.  For Fiscal Year 2004, the premium shall
11    not  exceed  112%  of  the premium actually charged in Fiscal
12    Year 2003.
13        Rates and premiums may  be  based  in  part  on  age  and
14    eligibility for federal medicare coverage.  However, the cost
15    of  participation  for  a TRS dependent beneficiary who is an
16    unmarried child age 19 or over  and  mentally  or  physically
17    handicapped  shall  not  exceed  the cost for a TRS dependent
18    beneficiary who is  an  unmarried  child  under  age  19  and
19    participates  in  the  same  major  medical  or  managed care
20    program.
21        The cost of health benefits under the  program  shall  be
22    paid as follows:
23             (1)  For a TRS benefit recipient selecting a managed
24        care program, up to 75% of the total insurance rate shall
25        be paid from the Teacher Health Insurance Security Fund.
26             (2)  For a TRS benefit recipient selecting the major
27        medical   coverage  program,  up  to  50%  of  the  total
28        insurance rate shall be  paid  from  the  Teacher  Health
29        Insurance  Security  Fund  if  a  managed care program is
30        accessible, as determined  by  the  Teachers'  Retirement
31        System.
32             (3)  For a TRS benefit recipient selecting the major
33        medical   coverage  program,  up  to  75%  of  the  total
34        insurance rate shall be  paid  from  the  Teacher  Health
 
                            -11-     LRB093 05878 EFG 05971 b
 1        Insurance  Security Fund if a managed care program is not
 2        accessible, as determined  by  the  Teachers'  Retirement
 3        System.
 4             (4)  The balance of the rate of insurance, including
 5        the  entire  premium  of  any  coverage for TRS dependent
 6        beneficiaries that has been elected,  shall  be  paid  by
 7        deductions  authorized by the TRS benefit recipient to be
 8        withheld from his  or  her  monthly  annuity  or  benefit
 9        payment from the Teachers' Retirement System; except that
10        (i)  if  the  balance of the cost of coverage exceeds the
11        amount of the monthly annuity  or  benefit  payment,  the
12        difference  shall  be  paid  directly  to  the  Teachers'
13        Retirement  System by the TRS benefit recipient, and (ii)
14        all or part of the balance of the cost of  coverage  may,
15        at  the  school  board's option, be paid to the Teachers'
16        Retirement System by  the  school  board  of  the  school
17        district from which the TRS benefit recipient retired, in
18        accordance with Section 10-22.3b of the School Code.  The
19        Teachers'  Retirement  System  shall promptly deposit all
20        moneys withheld by or paid to it under  this  subdivision
21        (e)(4)  into  the Teacher Health Insurance Security Fund.
22        These moneys  shall  not  be  considered  assets  of  the
23        Retirement System.
24        (f)  Financing.   Beginning  July  1,  1995, all revenues
25    arising  from  the  administration  of  the  health   benefit
26    programs established under Article 16 of the Illinois Pension
27    Code  or  this  Section  shall  be deposited into the Teacher
28    Health Insurance Security Fund, which is hereby created as  a
29    nonappropriated  trust  fund  to  be  held  outside the State
30    Treasury,  with  the  State  Treasurer  as  custodian.    Any
31    interest  earned  on  moneys  in the Teacher Health Insurance
32    Security Fund shall be deposited into the Fund.
33        Moneys in the  Teacher  Health  Insurance  Security  Fund
34    shall  be  used  only  to pay the costs of the health benefit
 
                            -12-     LRB093 05878 EFG 05971 b
 1    program established under this Section, including  associated
 2    administrative  costs,  and  the  costs  associated  with the
 3    health benefit program established under Article  16  of  the
 4    Illinois   Pension  Code,  as  authorized  in  this  Section.
 5    Beginning July 1, 1995, the Department of Central  Management
 6    Services  may  make  expenditures  from  the  Teacher  Health
 7    Insurance Security Fund for those costs.
 8        After other funds authorized for the payment of the costs
 9    of the health benefit program established under Article 16 of
10    the  Illinois Pension Code are exhausted and until January 1,
11    1996 (or such later  date  as  may  be  agreed  upon  by  the
12    Director  of Central Management Services and the Secretary of
13    the  Teachers'  Retirement  System),  the  Secretary  of  the
14    Teachers' Retirement System may make  expenditures  from  the
15    Teacher Health Insurance Security Fund as necessary to pay up
16    to  75%  of the cost of providing health coverage to eligible
17    benefit recipients  (as  defined  in  Sections  16-153.1  and
18    16-153.3  of  the  Illinois Pension Code) who are enrolled in
19    the Article 16 health benefit program and to  facilitate  the
20    transfer  of  administration of the health benefit program to
21    the Department of Central Management Services.
22        (g)  Contract  for  benefits.   The  Director  shall   by
23    contract,  self-insurance,  or  otherwise  make available the
24    program of health benefits for  TRS  benefit  recipients  and
25    their  TRS  dependent  beneficiaries  that is provided for in
26    this Section.  The contract  or  other  arrangement  for  the
27    provision  of  these health benefits shall be on terms deemed
28    by the Director to be in the best interest of  the  State  of
29    Illinois  and  the  TRS  benefit recipients based on, but not
30    limited to, such criteria  as  administrative  cost,  service
31    capabilities  of  the  carrier  or  other contractor, and the
32    costs of the benefits.
33        (h)  Continuation and termination of program.  It is  the
34    intention  of the General Assembly that the program of health
 
                            -13-     LRB093 05878 EFG 05971 b
 1    benefits provided under this  Section  be  maintained  on  an
 2    ongoing, affordable basis through June 30, 2004.  The program
 3    of  health benefits provided under this Section is terminated
 4    on July 1, 2004.
 5        The  program  of  health  benefits  provided  under  this
 6    Section may be amended by the State and is not intended to be
 7    a pension or retirement benefit subject to  protection  under
 8    Article XIII, Section 5 of the Illinois Constitution.
 9        (i)  Repeal.  This Section is repealed on July 1, 2004.
10    (Source:  P.A.  92-505,  eff.  12-20-01; 92-862, eff. 1-3-03;
11    revised 1-10-03.)

12        (5 ILCS 375/10) (from Ch. 127, par. 530)
13        Sec. 10. Payments by State; premiums.
14        (a)  The   State   shall   pay   the   cost   of    basic
15    non-contributory  group life insurance and, subject to member
16    paid contributions set by the Department or required by  this
17    Section,  the  basic program of group health benefits on each
18    eligible member, except a member, not  otherwise  covered  by
19    this  Act,  who  has  retired as a participating member under
20    Article 2 of the Illinois Pension Code but is ineligible  for
21    the  retirement  annuity  under Section 2-119 of the Illinois
22    Pension Code, and part of each eligible member's and  retired
23    member's  premiums for health insurance coverage for enrolled
24    dependents as provided by Section 9.  The State shall pay the
25    cost of the basic program of group health benefits only after
26    benefits are reduced by the amount  of  benefits  covered  by
27    Medicare  for all members and dependents who are eligible for
28    benefits under Social Security  or  the  Railroad  Retirement
29    system  or  who  had  sufficient  Medicare-covered government
30    employment, except that  such  reduction  in  benefits  shall
31    apply  only  to  those  members  and dependents who (1) first
32    become eligible for such Medicare coverage on or  after  July
33    1,  1992;  or (2) are Medicare-eligible members or dependents
 
                            -14-     LRB093 05878 EFG 05971 b
 1    of a local government unit which began participation  in  the
 2    program on or after July 1, 1992; or (3) remain eligible for,
 3    but  no  longer receive Medicare coverage which they had been
 4    receiving on or  after  July  1,  1992.  The  Department  may
 5    determine  the aggregate level of the State's contribution on
 6    the basis of actual cost of  medical  services  adjusted  for
 7    age,  sex  or geographic or other demographic characteristics
 8    which affect the costs of such programs.
 9        The cost of participation in the basic program  of  group
10    health  benefits for the dependent or survivor of a living or
11    deceased retired employee who was formerly  employed  by  the
12    University  of  Illinois in the Cooperative Extension Service
13    and would be an annuitant but for the fact that he or she was
14    made ineligible to  participate  in  the  State  Universities
15    Retirement  System by clause (4) of subsection (a) of Section
16    15-107 of the Illinois Pension Code shall not be greater than
17    the cost of participation that would otherwise apply to  that
18    dependent  or  survivor  if  he  or she were the dependent or
19    survivor  of  an  annuitant  under  the  State   Universities
20    Retirement System.
21        (a-1)  Beginning  January  1,  1998,  for each person who
22    becomes a new SERS annuitant and participates  in  the  basic
23    program  of group health benefits, the State shall contribute
24    toward the cost of the annuitant's coverage under  the  basic
25    program  of  group  health  benefits an amount equal to 5% of
26    that cost for each full year of creditable service upon which
27    the annuitant's retirement annuity is based, up to a  maximum
28    of  100% for an annuitant with 20 or more years of creditable
29    service. The remainder of the cost of a new SERS  annuitant's
30    coverage  under  the  basic  program of group health benefits
31    shall be the responsibility of the annuitant.
32        (a-2)  Beginning January 1, 1998,  for  each  person  who
33    becomes  a  new  SERS  survivor and participates in the basic
34    program of group health benefits, the State shall  contribute
 
                            -15-     LRB093 05878 EFG 05971 b
 1    toward  the  cost  of the survivor's coverage under the basic
 2    program of group health benefits an amount  equal  to  5%  of
 3    that  cost  for  each full year of the deceased employee's or
 4    deceased  annuitant's  creditable  service   in   the   State
 5    Employees'  Retirement  System  of  Illinois  on  the date of
 6    death, up to a maximum of 100% for a survivor of an  employee
 7    or  annuitant  with  20  or more years of creditable service.
 8    The remainder of the cost of the new SERS survivor's coverage
 9    under the basic program of group health benefits shall be the
10    responsibility of the survivor.
11        (a-3)  Beginning January 1, 1998,  for  each  person  who
12    becomes  a  new  SURS annuitant and participates in the basic
13    program of group health benefits, the State shall  contribute
14    toward  the  cost of the annuitant's coverage under the basic
15    program of group health benefits an amount  equal  to  5%  of
16    that cost for each full year of creditable service upon which
17    the  annuitant's retirement annuity is based, up to a maximum
18    of 100% for an annuitant with 20 or more years of  creditable
19    service.  The remainder of the cost of a new SURS annuitant's
20    coverage under the basic program  of  group  health  benefits
21    shall be the responsibility of the annuitant.
22        (a-4)  (Blank).
23        (a-5)  Beginning  January  1,  1998,  for each person who
24    becomes a new SURS survivor and  participates  in  the  basic
25    program  of group health benefits, the State shall contribute
26    toward the cost of the survivor's coverage  under  the  basic
27    program  of  group  health  benefits an amount equal to 5% of
28    that cost for each full year of the  deceased  employee's  or
29    deceased   annuitant's   creditable   service  in  the  State
30    Universities Retirement System on the date of death, up to  a
31    maximum  of  100%  for a survivor of an employee or annuitant
32    with 20 or more years of creditable service.   The  remainder
33    of  the  cost  of  the new SURS survivor's coverage under the
34    basic  program  of  group  health  benefits  shall   be   the
 
                            -16-     LRB093 05878 EFG 05971 b
 1    responsibility of the survivor.
 2        (a-6)  Beginning  July  1,  1998,  for  each  person  who
 3    becomes  a  new  TRS  State annuitant and participates in the
 4    basic program of  group  health  benefits,  the  State  shall
 5    contribute  toward the cost of the annuitant's coverage under
 6    the basic program of group health benefits an amount equal to
 7    5% of that cost for each full year of creditable service as a
 8    teacher as defined in paragraph (2), (3), or (5)  of  Section
 9    16-106   of   the   Illinois  Pension  Code  upon  which  the
10    annuitant's retirement annuity is based, up to a  maximum  of
11    100%;  except  that the State contribution shall be 12.5% per
12    year (rather than  5%)  for  each  full  year  of  creditable
13    service  as  a  regional superintendent or assistant regional
14    superintendent of schools.  The remainder of the  cost  of  a
15    new TRS State annuitant's coverage under the basic program of
16    group  health  benefits  shall  be  the responsibility of the
17    annuitant.
18        (a-7)  Beginning  July  1,  1998,  for  each  person  who
19    becomes a new TRS State  survivor  and  participates  in  the
20    basic  program  of  group  health  benefits,  the State shall
21    contribute toward the cost of the survivor's  coverage  under
22    the basic program of group health benefits an amount equal to
23    5% of that cost for each full year of the deceased employee's
24    or  deceased  annuitant's  creditable service as a teacher as
25    defined in paragraph (2), (3), or (5) of  Section  16-106  of
26    the  Illinois  Pension  Code  on  the  date of death, up to a
27    maximum of 100%; except that the State contribution shall  be
28    12.5%  per  year  (rather  than 5%) for each full year of the
29    deceased  employee's  or  deceased   annuitant's   creditable
30    service  as  a  regional superintendent or assistant regional
31    superintendent of schools. The remainder of the cost  of  the
32    new  TRS State survivor's coverage under the basic program of
33    group health benefits shall  be  the  responsibility  of  the
34    survivor.
 
                            -17-     LRB093 05878 EFG 05971 b
 1        (a-8)  A  new SERS annuitant, new SERS survivor, new SURS
 2    annuitant, new SURS survivor, new TRS State annuitant, or new
 3    TRS State survivor may waive or  terminate  coverage  in  the
 4    program  of  group  health  benefits.   Any such annuitant or
 5    survivor who has waived or terminated coverage may enroll  or
 6    re-enroll in the program of group health benefits only during
 7    the  annual  benefit  choice  period,  as  determined  by the
 8    Director; except that in the event of termination of coverage
 9    due to nonpayment of premiums, the annuitant or survivor  may
10    not re-enroll in the program.
11        (a-9)  No  later  than  May  1 of each calendar year, the
12    Director of Central  Management  Services  shall  certify  in
13    writing  to  the  Executive Secretary of the State Employees'
14    Retirement System of Illinois the  amounts  of  the  Medicare
15    supplement health care premiums and the amounts of the health
16    care  premiums  for  all  other retirees who are not Medicare
17    eligible.
18        A separate calculation of the  premiums  based  upon  the
19    actual cost of each health care plan shall be so certified.
20        The Director of Central Management Services shall provide
21    to the Executive Secretary of the State Employees' Retirement
22    System  of  Illinois  such information, statistics, and other
23    data as he or she may require to review the  premium  amounts
24    certified by the Director of Central Management Services.
25        (b)  State employees who become eligible for this program
26    on  or  after January 1, 1980 in positions normally requiring
27    actual performance of duty not less than 1/2 of a normal work
28    period but not equal to that of a normal work  period,  shall
29    be  given  the  option  of  participating  in  the  available
30    program.  If  the  employee  elects coverage, the State shall
31    contribute on behalf of such employee  to  the  cost  of  the
32    employee's  benefit  and any applicable dependent supplement,
33    that sum which bears the same percentage as  that  percentage
34    of  time the employee regularly works when compared to normal
 
                            -18-     LRB093 05878 EFG 05971 b
 1    work period.
 2        (c)  The basic non-contributory coverage from  the  basic
 3    program  of group health benefits shall be continued for each
 4    employee not in pay status or on active service by reason  of
 5    (1) leave of absence due to illness or injury, (2) authorized
 6    educational  leave  of  absence  or  sabbatical leave, or (3)
 7    military leave with pay and  benefits.  This  coverage  shall
 8    continue  until  expiration of authorized leave and return to
 9    active service, but not to exceed 24 months for leaves  under
10    item (1) or (2). This 24-month limitation and the requirement
11    of  returning  to  active  service shall not apply to persons
12    receiving  ordinary  or  accidental  disability  benefits  or
13    retirement benefits through the appropriate State  retirement
14    system   or  benefits  under  the  Workers'  Compensation  or
15    Occupational Disease Act.
16        (d)  The  basic  group  life  insurance  coverage   shall
17    continue,  with full State contribution, where such person is
18    (1) absent  from  active  service  by  reason  of  disability
19    arising  from  any  cause  other  than self-inflicted, (2) on
20    authorized educational leave of absence or sabbatical  leave,
21    or (3) on military leave with pay and benefits.
22        (e)  Where  the  person is in non-pay status for a period
23    in excess of 30 days or on leave of absence,  other  than  by
24    reason  of  disability,  educational  or sabbatical leave, or
25    military  leave  with  pay  and  benefits,  such  person  may
26    continue coverage only by making personal  payment  equal  to
27    the amount normally contributed by the State on such person's
28    behalf.  Such  payments  and  coverage  may be continued: (1)
29    until such time as the person returns to  a  status  eligible
30    for  coverage  at State expense, but not to exceed 24 months,
31    (2) until such person's employment or annuitant  status  with
32    the  State  is  terminated,  or (3) for a maximum period of 4
33    years for members on military leave with pay and benefits and
34    military leave without pay and  benefits  (exclusive  of  any
 
                            -19-     LRB093 05878 EFG 05971 b
 1    additional service imposed pursuant to law).
 2        (f)  The  Department  shall  establish by rule the extent
 3    to which other employee benefits will continue for persons in
 4    non-pay status or who are not in active service.
 5        (g)  The State shall  not  pay  the  cost  of  the  basic
 6    non-contributory  group  life  insurance,  program  of health
 7    benefits and other employee  benefits  for  members  who  are
 8    survivors  as defined by paragraphs (1) and (2) of subsection
 9    (q) of Section 3 of this Act.   The  costs  of  benefits  for
10    these  survivors  shall  be  paid  by the survivors or by the
11    University of Illinois Cooperative Extension Service, or  any
12    combination  thereof. However, the State shall pay the amount
13    of the reduction  in  the  cost  of  participation,  if  any,
14    resulting  from  the amendment to subsection (a) made by this
15    amendatory Act of the 91st General Assembly.
16        (h)  Those   persons   occupying   positions   with   any
17    department as a result of emergency appointments pursuant  to
18    Section  8b.8  of  the  Personnel Code who are not considered
19    employees under  this  Act  shall  be  given  the  option  of
20    participating in the programs of group life insurance, health
21    benefits  and other employee benefits.  Such persons electing
22    coverage may participate only by making payment equal to  the
23    amount  normally  contributed  by  the  State  for  similarly
24    situated  employees.  Such amounts shall be determined by the
25    Director.  Such payments and coverage may be continued  until
26    such  time as the person becomes an employee pursuant to this
27    Act or such person's appointment is terminated.
28        (i)  Any unit of local government  within  the  State  of
29    Illinois  may  apply  to  the Director to have its employees,
30    annuitants,  and  their  dependents  provided  group   health
31    coverage   under   this  Act  on  a  non-insured  basis.   To
32    participate, a unit of local government must agree to  enroll
33    all  of  its  employees, who may select coverage under either
34    the State group health benefits plan or a health  maintenance
 
                            -20-     LRB093 05878 EFG 05971 b
 1    organization  that  has  contracted  with  the  State  to  be
 2    available  as a health care provider for employees as defined
 3    in this Act.  A unit  of  local  government  must  remit  the
 4    entire  cost  of  providing  coverage  under  the State group
 5    health  benefits  plan  or,  for  coverage  under  a   health
 6    maintenance   organization,   an  amount  determined  by  the
 7    Director based on an analysis of  the  sex,  age,  geographic
 8    location,  or  other  relevant  demographic variables for its
 9    employees, except that the unit of local government shall not
10    be required to enroll those of its employees who are  covered
11    spouses or dependents under this plan or another group policy
12    or   plan  providing  health  benefits  as  long  as  (1)  an
13    appropriate  official  from  the  unit  of  local  government
14    attests that each employee not enrolled is a  covered  spouse
15    or dependent under this plan or another group policy or plan,
16    and  (2)  at  least 85% of the employees are enrolled and the
17    unit of local government remits the entire cost of  providing
18    coverage  to  those  employees,  except  that a participating
19    school district must  have  enrolled  at  least  85%  of  its
20    full-time  employees  who  have not waived coverage under the
21    district's group health plan by participating in a  component
22    of  the  district's  cafeteria  plan.  A participating school
23    district is not required to enroll a full-time  employee  who
24    has   waived  coverage  under  the  district's  health  plan,
25    provided that an appropriate official from the  participating
26    school  district  attests  that  the  full-time  employee has
27    waived coverage  by  participating  in  a  component  of  the
28    district's   cafeteria   plan.   For  the  purposes  of  this
29    subsection, "participating school district" includes  a  unit
30    of  local  government  whose  primary purpose is education as
31    defined by the Department's rules.
32        Employees of a participating unit of local government who
33    are not enrolled due to coverage under another  group  health
34    policy or plan may enroll in the event of a qualifying change
 
                            -21-     LRB093 05878 EFG 05971 b
 1    in   status,  special  enrollment,  special  circumstance  as
 2    defined by the Director, or during the annual Benefit  Choice
 3    Period.   A  participating  unit of local government may also
 4    elect to cover its annuitants.  Dependent coverage  shall  be
 5    offered on an optional basis, with the costs paid by the unit
 6    of  local  government,  its employees, or some combination of
 7    the two as determined by the unit of local  government.   The
 8    unit  of  local  government  shall  be responsible for timely
 9    collection and transmission of dependent premiums.
10        The Director shall annually determine  monthly  rates  of
11    payment, subject to the following constraints:
12             (1)  In  the first year of coverage, the rates shall
13        be  equal  to  the  amount  normally  charged  to   State
14        employees  for elected optional coverages or for enrolled
15        dependents coverages or other contributory coverages,  or
16        contributed by the State for basic insurance coverages on
17        behalf of its employees, adjusted for differences between
18        State  employees and employees of the local government in
19        age,  sex,  geographic   location   or   other   relevant
20        demographic  variables,  plus an amount sufficient to pay
21        for the  additional  administrative  costs  of  providing
22        coverage to employees of the unit of local government and
23        their dependents.
24             (2)  In subsequent years, a further adjustment shall
25        be  made  to  reflect  the  actual  prior  years'  claims
26        experience   of  the  employees  of  the  unit  of  local
27        government.
28        In the case of coverage  of  local  government  employees
29    under  a  health maintenance organization, the Director shall
30    annually determine  for  each  participating  unit  of  local
31    government the maximum monthly amount the unit may contribute
32    toward  that  coverage,  based on an analysis of (i) the age,
33    sex, geographic  location,  and  other  relevant  demographic
34    variables  of the unit's employees and (ii) the cost to cover
 
                            -22-     LRB093 05878 EFG 05971 b
 1    those employees under the State group health  benefits  plan.
 2    The  Director  may  similarly  determine  the maximum monthly
 3    amount each unit of local government  may  contribute  toward
 4    coverage   of   its  employees'  dependents  under  a  health
 5    maintenance organization.
 6        Monthly payments by the unit of local government  or  its
 7    employees   for   group   health   benefits  plan  or  health
 8    maintenance organization coverage shall be deposited  in  the
 9    Local Government Health Insurance Reserve Fund.
10        The  Local Government Health Insurance Reserve Fund shall
11    be a continuing fund not subject to fiscal year  limitations.
12    All  expenditures  from  this Fund shall be used for payments
13    for health  care  benefits  for  local  government,  domestic
14    violence  shelter  or  service,  and  rehabilitation facility
15    employees, annuitants, and dependents, and to  reimburse  the
16    Department or its administrative service organization for all
17    expenses  incurred  in  the  administration  of benefits.  No
18    other State funds may be used for these purposes.
19        A local government employer's participation or desire  to
20    participate  in a program created under this subsection shall
21    not  limit  that  employer's  duty  to   bargain   with   the
22    representative  of  any  collective  bargaining  unit  of its
23    employees.
24        (j)  Any rehabilitation  facility  within  the  State  of
25    Illinois  may  apply  to  the Director to have its employees,
26    annuitants, and  their  eligible  dependents  provided  group
27    health  coverage  under  this  Act on a non-insured basis. To
28    participate, a rehabilitation facility must agree  to  enroll
29    all  of  its employees and remit the entire cost of providing
30    such  coverage   for   its   employees,   except   that   the
31    rehabilitation facility shall not be required to enroll those
32    of  its employees who are covered spouses or dependents under
33    this plan or another group policy or  plan  providing  health
34    benefits  as  long  as  (1)  an appropriate official from the
 
                            -23-     LRB093 05878 EFG 05971 b
 1    rehabilitation  facility  attests  that  each  employee   not
 2    enrolled  is a covered spouse or dependent under this plan or
 3    another group policy or plan, and (2) at  least  85%  of  the
 4    employees are enrolled and the rehabilitation facility remits
 5    the  entire  cost  of  providing coverage to those employees.
 6    Employees of a participating rehabilitation facility who  are
 7    not  enrolled  due  to  coverage  under  another group health
 8    policy or plan may enroll in the event of a qualifying change
 9    in  status,  special  enrollment,  special  circumstance   as
10    defined  by the Director, or during the annual Benefit Choice
11    Period.  A participating  rehabilitation  facility  may  also
12    elect  to  cover  its annuitants. Dependent coverage shall be
13    offered on an optional basis, with  the  costs  paid  by  the
14    rehabilitation  facility,  its employees, or some combination
15    of the 2 as determined by the  rehabilitation  facility.  The
16    rehabilitation  facility  shall  be  responsible  for  timely
17    collection and transmission of dependent premiums.
18        The  Director shall annually determine quarterly rates of
19    payment, subject to the following constraints:
20             (1)  In the first year of coverage, the rates  shall
21        be   equal  to  the  amount  normally  charged  to  State
22        employees for elected optional coverages or for  enrolled
23        dependents  coverages  or other contributory coverages on
24        behalf of its employees, adjusted for differences between
25        State  employees  and  employees  of  the  rehabilitation
26        facility  in  age,  sex,  geographic  location  or  other
27        relevant demographic variables, plus an amount sufficient
28        to  pay  for  the  additional  administrative  costs   of
29        providing  coverage  to  employees  of the rehabilitation
30        facility and their dependents.
31             (2)  In subsequent years, a further adjustment shall
32        be  made  to  reflect  the  actual  prior  years'  claims
33        experience  of  the  employees  of   the   rehabilitation
34        facility.
 
                            -24-     LRB093 05878 EFG 05971 b
 1        Monthly  payments  by  the rehabilitation facility or its
 2    employees for group health benefits shall be deposited in the
 3    Local Government Health Insurance Reserve Fund.
 4        (k)  Any domestic violence shelter or service within  the
 5    State  of  Illinois  may  apply  to  the Director to have its
 6    employees, annuitants, and their  dependents  provided  group
 7    health  coverage  under  this Act on a non-insured basis.  To
 8    participate, a domestic  violence  shelter  or  service  must
 9    agree  to enroll all of its employees and pay the entire cost
10    of  providing   such   coverage   for   its   employees.    A
11    participating  domestic  violence  shelter  may also elect to
12    cover its annuitants.  Dependent coverage shall be offered on
13    an optional basis,  with  the  costs  paid  by  the  domestic
14    violence   shelter   or   service,  its  employees,  or  some
15    combination of the 2 as determined by the  domestic  violence
16    shelter or service.  The domestic violence shelter or service
17    shall  be  responsible for timely collection and transmission
18    of dependent premiums.
19        The Director shall annually determine rates  of  payment,
20    subject to the following constraints:
21             (1)  In  the first year of coverage, the rates shall
22        be  equal  to  the  amount  normally  charged  to   State
23        employees  for elected optional coverages or for enrolled
24        dependents coverages or other contributory  coverages  on
25        behalf of its employees, adjusted for differences between
26        State  employees  and  employees of the domestic violence
27        shelter or service in age, sex,  geographic  location  or
28        other  relevant  demographic  variables,  plus  an amount
29        sufficient to pay for the additional administrative costs
30        of  providing  coverage  to  employees  of  the  domestic
31        violence shelter or service and their dependents.
32             (2)  In subsequent years, a further adjustment shall
33        be  made  to  reflect  the  actual  prior  years'  claims
34        experience of the  employees  of  the  domestic  violence
 
                            -25-     LRB093 05878 EFG 05971 b
 1        shelter or service.
 2        Monthly  payments  by  the  domestic  violence shelter or
 3    service or its employees for group health insurance shall  be
 4    deposited  in  the  Local Government Health Insurance Reserve
 5    Fund.
 6        (l)  A  public  community  college  or  entity  organized
 7    pursuant to the Public Community College Act may apply to the
 8    Director initially to have only annuitants not covered  prior
 9    to July 1, 1992 by the district's health plan provided health
10    coverage   under  this  Act  on  a  non-insured  basis.   The
11    community  college  must  execute  a   2-year   contract   to
12    participate   in   the  Local  Government  Health  Plan.  Any
13    annuitant may enroll in the event of a qualifying  change  in
14    status,  special  enrollment, special circumstance as defined
15    by the Director, or during the annual Benefit Choice Period.
16        The Director shall annually determine  monthly  rates  of
17    payment  subject  to  the  following  constraints:  for those
18    community colleges with annuitants only enrolled, first  year
19    rates  shall be equal to the average cost to cover claims for
20    a  State   member   adjusted   for   demographics,   Medicare
21    participation,  and  other factors; and in the second year, a
22    further adjustment of rates shall  be  made  to  reflect  the
23    actual   first   year's  claims  experience  of  the  covered
24    annuitants.
25        (l-5)  The   provisions   of   subsection   (l)    become
26    inoperative on July 1, 1999.
27        (m)  The  Director shall adopt any rules deemed necessary
28    for implementation of this amendatory Act of 1989 (Public Act
29    86-978).
30    (Source: P.A. 91-280, eff.  7-23-99;  91-311;  eff.  7-29-99;
31    91-357,  eff.  7-29-99;  91-390,  eff.  7-30-99; 91-395, eff.
32    7-30-99; 91-617, eff. 8-19-99; 92-16, eff.  6-28-01;  revised
33    2-25-02.)
 
                            -26-     LRB093 05878 EFG 05971 b
 1        Section 9.  The Deposit of State Moneys Act is amended by
 2    changing Sections 7 and 22.5 as follows:

 3        (15 ILCS 520/7) (from Ch. 130, par. 26)
 4        Sec.  7.  (a)  Proposals  made  may either be approved or
 5    rejected by the State Treasurer.  A bank or savings and  loan
 6    association  whose  proposal is approved shall be eligible to
 7    become a State depositary for the class or classes  of  funds
 8    covered   by  its  proposal.  A  bank  or  savings  and  loan
 9    association whose  proposal  is  rejected  shall  not  be  so
10    eligible.    The  State  Treasurer  shall seek to have at all
11    times a total of not less than 20 banks or savings  and  loan
12    associations  which  are  approved  as State depositaries for
13    time deposits.
14        (b)  The State Treasurer may, in his discretion, accept a
15    proposal from an eligible institution which  provides  for  a
16    reduced  rate  of  interest  provided  that  such institution
17    documents  the  use  of   deposited   funds   for   community
18    development projects.
19        (b-5)  The State Treasurer may, in his or her discretion,
20    accept  a proposal from an eligible institution that provides
21    for  a  reduced  rate  of  interest,   provided   that   such
22    institution  agrees to expend an amount of money equal to the
23    amount of the  reduction  for  the  preservation  of  Cahokia
24    Mounds.
25        (c)  The  State  Treasurer may, in his or her discretion,
26    accept a proposal from an eligible institution that  provides
27    for  interest earnings on deposits of State moneys to be held
28    by the institution in  a  separate  account  that  the  State
29    Treasurer  may  use to secure up to 10% of any (i) home loans
30    to  Illinois  citizens  purchasing  a  home  in  Illinois  in
31    situations  where  the  participating  financial  institution
32    would  not  offer  the  borrower  a  home  loan   under   the
33    institution's   prevailing   credit   standards  without  the
 
                            -27-     LRB093 05878 EFG 05971 b
 1    incentive of a reduced rate of interest on deposits of  State
 2    moneys,  (ii)  existing  home  loans of Illinois citizens who
 3    have failed to make payments on a home loan as a result of  a
 4    financial hardship due to circumstances beyond the control of
 5    the  borrower  where  there is a reasonable prospect that the
 6    borrower will be able to resume full mortgage  payments,  and
 7    (iii)  loans  in  amounts  that  do  not exceed the amount of
 8    arrearage on a mortgage and that are  extended  to  enable  a
 9    borrower to become current on his or her mortgage obligation.
10        The   following   factors  shall  be  considered  by  the
11    participating financial institution to determine whether  the
12    financial hardship is due to circumstances beyond the control
13    of the borrower: (i) loss, reduction, or delay in the receipt
14    of  income because of the death or disability of a person who
15    contributed to the household income, (ii)  expenses  actually
16    incurred related to the uninsured damage or costly repairs to
17    the  mortgaged  premises  affecting  its  habitability, (iii)
18    expenses related to the death or illness  in  the  borrower's
19    household  or  of family members living outside the household
20    that reduce the amount of  household  income,  (iv)  loss  of
21    income  or  a  substantial increase in total housing expenses
22    because of divorce, abandonment, separation from a spouse, or
23    failure to support a spouse or  child,  (v)  unemployment  or
24    underemployment,  (vi)  loss,  reduction,  or  delay  in  the
25    receipt  of federal, State, or other government benefits, and
26    (vii) participation by the homeowner in  a  recognized  labor
27    action  such  as a strike.  In determining whether there is a
28    reasonable prospect that the borrower will be able to  resume
29    full   mortgage   payments,   the   participating   financial
30    institution   shall   consider  factors  including,  but  not
31    necessarily limited to the following: (i)  a  favorable  work
32    and  credit  history,  (ii)  the  borrower's  ability  to and
33    history of paying the mortgage when employed, (iii) the  lack
34    of  an  impediment  or disability that prevents reemployment,
 
                            -28-     LRB093 05878 EFG 05971 b
 1    (iv) new education and training opportunities,  (v)  non-cash
 2    benefits  that  may reduce household expenses, and (vi) other
 3    debts.
 4        For the purposes of this Section,  "home  loan"  means  a
 5    loan,  other  than  an  open-end  credit  plan  or  a reverse
 6    mortgage transaction, for which (i) the principal  amount  of
 7    the  loan  does  not  exceed  50% of the conforming loan size
 8    limit for a single-family dwelling as established  from  time
 9    to  time  by  the Federal National Mortgage Association, (ii)
10    the borrower is a natural person, (iii) the debt is  incurred
11    by  the borrower primarily for personal, family, or household
12    purposes, and (iv) the loan is secured by a mortgage or  deed
13    of  trust on real estate upon which there is located or there
14    is to be located a structure  designed  principally  for  the
15    occupancy  of  no more than 4 families and that is or will be
16    occupied  by  the  borrower  as  the   borrower's   principal
17    dwelling.
18        (d)  If there is an agreement between the State Treasurer
19    and an eligible institution that details the use of deposited
20    funds,  the  agreement  may  not  require  the gift of money,
21    goods, or services to a third party; this provision does  not
22    restrict the eligible institution from contracting with third
23    parties  in order to carry out the intent of the agreement or
24    restrict the State Treasurer from placing  requirements  upon
25    third-party   contracts   entered   into   by   the  eligible
26    institution.
27    (Source: P.A. 92-482,  eff.  8-23-01;  92-531,  eff.  2-8-02;
28    92-625, eff. 7-11-02; revised 8-26-02.)

29        (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
30        Sec.  22.5.  Permitted  investments.  The State Treasurer
31    may, with the approval of the Governor, invest  and  reinvest
32    any  State  money  in  the  treasury which is  not needed for
33    current  expenditures  due  or  about  to  become   due,   in
 
                            -29-     LRB093 05878 EFG 05971 b
 1    obligations  of  the United States government or its agencies
 2    or of National Mortgage Associations established by or  under
 3    the  National  Housing  Act,  1201 U.S.C. 1701 et seq., or in
 4    mortgage participation  certificates  representing  undivided
 5    interests  in  specified, first-lien conventional residential
 6    Illinois   mortgages   that   are   underwritten,    insured,
 7    guaranteed,  or  purchased  by the Federal Home Loan Mortgage
 8    Corporation or in Affordable Housing Program Trust Fund Bonds
 9    or Notes as defined in and issued pursuant  to  the  Illinois
10    Housing  Development  Act.   All  such  obligations  shall be
11    considered as cash and may be delivered over  as  cash  by  a
12    State Treasurer to his successor.
13        The  State  Treasurer  may,  with  the  approval  of  the
14    Governor,  purchase  any  state  bonds  with any money in the
15    State Treasury that has been  set  aside  and  held  for  the
16    payment   of  the principal of and interest on the bonds. The
17    bonds shall be considered as cash and may be  delivered  over
18    as cash by the State Treasurer to his successor.
19        The  State  Treasurer  may,  with  the  approval  of  the
20    Governor, invest or reinvest any  State money in the treasury
21    that  is  not  needed for current expenditure due or about to
22    become due, or any money in the State Treasury that has  been
23    set  aside  and  held for the payment of the principal of and
24    the interest on any  State  bonds,  in  shares,  withdrawable
25    accounts, and investment certificates of savings and building
26    and  loan  associations,  incorporated under the laws of this
27    State or any other state or under  the  laws  of  the  United
28    States;  provided, however, that investments may be made only
29    in those savings and loan or building and  loan  associations
30    the  shares  and  withdrawable  accounts  or   other forms of
31    investment securities of which are  insured  by  the  Federal
32    Deposit Insurance Corporation.
33        The  State  Treasurer  may  not invest State money in any
34    savings and loan or building and loan  association  unless  a
 
                            -30-     LRB093 05878 EFG 05971 b
 1    commitment  by  the  savings  and loan (or building and loan)
 2    association, executed by the  president  or  chief  executive
 3    officer  of  that association,  is submitted in the following
 4    form:
 5             The .................. Savings and Loan (or Building
 6        and Loan) Association pledges not  to reject  arbitrarily
 7        mortgage  loans  for  residential  properties  within any
 8        specific part of the community served by the savings  and
 9        loan  (or  building and loan) association because  of the
10        location of the  property.   The  savings  and  loan  (or
11        building and loan) association also pledges to make loans
12        available on low and moderate income residential property
13        throughout  the  community within the limits of its legal
14        restrictions and prudent financial practices.
15        The  State  Treasurer  may,  with  the  approval  of  the
16    Governor, invest or reinvest, at a price not to  exceed  par,
17    any  State  money  in  the  treasury  that  is not needed for
18    current expenditures due or about to become due, or any money
19    in the State Treasury  that has been set aside and  held  for
20    the  payment  of  the principal of and interest on  any State
21    bonds, in bonds issued by counties or municipal  corporations
22    of the State of Illinois.
23        The  State  Treasurer  may,  with  the  approval  of  the
24    Governor,  invest or reinvest any State money in the Treasury
25    which is not needed for current expenditure, due or about  to
26    become due, or any money in the State Treasury which has been
27    set  aside  and  held for the payment of the principal of and
28    the interest on any State bonds, in participations in  loans,
29    the  principal  of which participation is fully guaranteed by
30    an agency or instrumentality of the United States government;
31    provided,  however,  that  such   loan   participations   are
32    represented  by  certificates  issued only by banks which are
33    incorporated under the laws of this State or any other  state
34    or  under  the laws of the United States, and such banks, but
 
                            -31-     LRB093 05878 EFG 05971 b
 1    not the loan participation certificates, are insured  by  the
 2    Federal Deposit Insurance Corporation.
 3        The  State  Treasurer  may,  with  the  approval  of  the
 4    Governor,  invest or reinvest any State money in the Treasury
 5    that is not needed for current expenditure, due or  about  to
 6    become  due, or any money in the State Treasury that has been
 7    set aside and held for the payment of the  principal  of  and
 8    the interest on any State bonds, in any of the following:
 9             (1)  Bonds,  notes,  certificates  of  indebtedness,
10        Treasury  bills,  or  other  securities  now or hereafter
11        issued that are guaranteed by the full faith  and  credit
12        of  the  United  States  of  America  as to principal and
13        interest.
14             (2)  Bonds,  notes,  debentures,  or  other  similar
15        obligations  of  the  United  States  of   America,   its
16        agencies, and instrumentalities.
17             (2.5)  Bonds,  notes,  debentures,  or other similar
18        obligations of a foreign government that  are  guaranteed
19        by  the  full  faith  and credit of that government as to
20        principal  and  interest,  but  only   if   the   foreign
21        government  has  not  defaulted  and  has met its payment
22        obligations in a timely manner on all similar obligations
23        for a period of at least 25 years immediately before  the
24        time of acquiring those obligations.
25             (3)  Interest-bearing        savings       accounts,
26        interest-bearing      certificates      of       deposit,
27        interest-bearing  time deposits, or any other investments
28        constituting direct obligations of any bank as defined by
29        the Illinois Banking Act.
30             (4)  Interest-bearing  accounts,   certificates   of
31        deposit,  or  any  other  investments constituting direct
32        obligations  of  any  savings   and   loan   associations
33        incorporated  under  the  laws of this State or any other
34        state or under the laws of the United States.
 
                            -32-     LRB093 05878 EFG 05971 b
 1             (5)  Dividend-bearing    share    accounts,    share
 2        certificate accounts, or class of  share  accounts  of  a
 3        credit  union  chartered  under the laws of this State or
 4        the laws of the United  States;  provided,  however,  the
 5        principal  office  of  the  credit  union must be located
 6        within the State of Illinois.
 7             (6)  Bankers'  acceptances  of  banks  whose  senior
 8        obligations are rated in the top 2 rating categories by 2
 9        national rating agencies and maintain that rating  during
10        the term of the investment.
11             (7)  Short-term    obligations    of    corporations
12        organized  in  the  United  States  with assets exceeding
13        $500,000,000 if (i) the obligations are rated at the time
14        of purchase at  one  of  the  3  highest  classifications
15        established  by  at  least 2 standard rating services and
16        mature not later than 180 days from the date of purchase,
17        (ii) the purchases do not exceed 10% of the corporation's
18        outstanding obligations, and (iii) no more than one-third
19        of the public agency's funds are invested  in  short-term
20        obligations of corporations.
21             (8)  Money  market mutual funds registered under the
22        Investment  Company  Act  of  1940,  provided  that   the
23        portfolio  of  the money market mutual fund is limited to
24        obligations described in this Section and  to  agreements
25        to repurchase such obligations.
26             (9)  The  Public Treasurers' Investment Pool created
27        under Section 17 of the State Treasurer Act or in a  fund
28        managed, operated, and administered by a bank.
29             (10)  Repurchase agreements of government securities
30        having  the  meaning set out in the Government Securities
31        Act of 1986 subject to the provisions of that Act and the
32        regulations issued thereunder.
33             (11)  Investments  made  in  accordance   with   the
34        Technology Development Act.
 
                            -33-     LRB093 05878 EFG 05971 b
 1        For  purposes  of  this Section, "agencies" of the United
 2    States Government includes:
 3             (i)  the federal land  banks,  federal  intermediate
 4        credit banks, banks for cooperatives, federal farm credit
 5        banks,  or  any  other  entity  authorized  to issue debt
 6        obligations under the Farm Credit Act of 1971 (12  U.S.C.
 7        2001 et seq.) and Acts amendatory thereto;
 8             (ii)  the  federal  home  loan banks and the federal
 9        home loan mortgage corporation;
10             (iii)  the Commodity Credit Corporation; and
11             (iv)  any other agency created by Act of Congress.
12        The Treasurer may, with the  approval  of  the  Governor,
13    lend  any  securities  acquired  under  this  Act.   However,
14    securities  may be lent under this Section only in accordance
15    with  Federal  Financial  Institution   Examination   Council
16    guidelines and only if the securities are collateralized at a
17    level  sufficient  to  assure  the  safety of the securities,
18    taking into account market value fluctuation.  The securities
19    may be collateralized by cash or collateral acceptable  under
20    Sections 11 and 11.1.
21    (Source: P.A.  92-546,  eff.  1-1-03;  92-851,  eff. 8-26-02;
22    revised 9-19-02.)

23        Section 9.5.  The Children and  Family  Services  Act  is
24    amended by changing Section 7 as follows:

25        (20 ILCS 505/7) (from Ch. 23, par. 5007)
26        Sec. 7.  Placement of children; considerations.
27        (a)  In  placing any child under this Act, the Department
28    shall place such child, as far as possible, in the  care  and
29    custody  of some individual holding the same religious belief
30    as the parents of the child, or with some child care facility
31    which is operated by persons of like religious faith  as  the
32    parents of such child.
 
                            -34-     LRB093 05878 EFG 05971 b
 1        (b)  In  placing  a  child under this Act, the Department
 2    may place a child with  a  relative  if  the  Department  has
 3    reason   to  believe  that  the  relative  will  be  able  to
 4    adequately provide for the child's safety and welfare.    The
 5    Department  may  not  place a child with a relative, with the
 6    exception of certain circumstances which  may  be  waived  as
 7    defined by the Department in rules, if the results of a check
 8    of  the  Law  Enforcement Agencies Agency Data System (LEADS)
 9    identifies a prior criminal conviction of the relative or any
10    adult member of the  relative's  household  for  any  of  the
11    following offenses under the Criminal Code of 1961:
12             (1)  murder;
13             (1.1)  solicitation of murder;
14             (1.2)  solicitation of murder for hire;
15             (1.3)  intentional homicide of an unborn child;
16             (1.4)  voluntary manslaughter of an unborn child;
17             (1.5)  involuntary manslaughter;
18             (1.6)  reckless homicide;
19             (1.7)  concealment of a homicidal death;
20             (1.8)  involuntary manslaughter of an unborn child;
21             (1.9)  reckless homicide of an unborn child;
22             (1.10)  drug-induced homicide;
23             (2)  a sex offense under Article 11, except offenses
24        described in Sections 11-7, 11-8, 11-12, and 11-13;
25             (3)  kidnapping;
26             (3.1)  aggravated unlawful restraint;
27             (3.2)  forcible detention;
28             (3.3)  aiding and abetting child abduction;
29             (4)  aggravated kidnapping;
30             (5)  child abduction;
31             (6)  aggravated battery of a child;
32             (7)  criminal sexual assault;
33             (8)  aggravated criminal sexual assault;
34             (8.1)  predatory criminal sexual assault of a child;
 
                            -35-     LRB093 05878 EFG 05971 b
 1             (9)  criminal sexual abuse;
 2             (10)  aggravated sexual abuse;
 3             (11)  heinous battery;
 4             (12)  aggravated battery with a firearm;
 5             (13)  tampering with food, drugs, or cosmetics;
 6             (14)  drug-induced infliction of great bodily harm;
 7             (15)  aggravated stalking;
 8             (16)  home invasion;
 9             (17)  vehicular invasion;
10             (18)  criminal transmission of HIV;
11             (19)  criminal  abuse  or  neglect  of an elderly or
12        disabled person;
13             (20)  child abandonment;
14             (21)  endangering the life or health of a child;
15             (22)  ritual mutilation;
16             (23)  ritualized abuse of a child;
17             (24)  an offense in any other state the elements  of
18        which  are similar and bear a substantial relationship to
19        any of the foregoing offenses.
20    For the purpose of this subsection, "relative" shall  include
21    any  person,  21 years of age or over, other than the parent,
22    who (i) is currently related to  the  child  in  any  of  the
23    following  ways  by  blood or adoption: grandparent, sibling,
24    great-grandparent, uncle, aunt, nephew, niece, first  cousin,
25    second cousin, godparent, great-uncle, or great-aunt; or (ii)
26    is  the  spouse  of  such a relative; or (iii) is the child's
27    step-father,   step-mother,   or   adult   step-brother    or
28    step-sister; "relative" also includes a person related in any
29    of  the  foregoing  ways to a sibling of a child, even though
30    the person is not related to the child, when  the  child  and
31    its sibling are placed together with that person.  A relative
32    with  whom a child is placed pursuant to this subsection may,
33    but is not required to,  apply  for  licensure  as  a  foster
34    family home pursuant to the Child Care Act of 1969; provided,
 
                            -36-     LRB093 05878 EFG 05971 b
 1    however,  that as of July 1, 1995, foster care payments shall
 2    be made only to licensed foster family homes pursuant to  the
 3    terms of Section 5 of this Act.
 4        (c)  In  placing  a  child under this Act, the Department
 5    shall ensure  that  the  child's  health,  safety,  and  best
 6    interests  are  met in making a family foster care placement.
 7    The Department shall consider the  individual  needs  of  the
 8    child  and the capacity of the prospective foster or adoptive
 9    parents to meet the needs of the child. When a child must  be
10    placed  outside  his  or  her  home and cannot be immediately
11    returned to his or her parents or guardian, a  comprehensive,
12    individualized assessment shall be performed of that child at
13    which  time the needs of the child shall be determined.  Only
14    if race,  color,  or  national  origin  is  identified  as  a
15    legitimate  factor  in  advancing  the child's best interests
16    shall it be considered.   Race,  color,  or  national  origin
17    shall  not  be  routinely  considered  in  making a placement
18    decision.  The Department shall make special efforts for  the
19    diligent   recruitment   of  potential  foster  and  adoptive
20    families that reflect the ethnic and racial diversity of  the
21    children  for  whom  foster  and  adoptive  homes are needed.
22    "Special efforts" shall include contacting and  working  with
23    community  organizations  and religious organizations and may
24    include contracting with those organizations, utilizing local
25    media and other  local  resources,  and  conducting  outreach
26    activities.
27        (c-1)  At  the  time  of  placement, the Department shall
28    consider concurrent  planning,  as  described  in  subsection
29    (l-1)  of  Section  5,  so  that  permanency may occur at the
30    earliest opportunity.  Consideration should be given so  that
31    if  reunification  fails or is delayed, the placement made is
32    the best available placement to provide  permanency  for  the
33    child.
34        (d)  The  Department  may accept gifts, grants, offers of
 
                            -37-     LRB093 05878 EFG 05971 b
 1    services, and other contributions to use  in  making  special
 2    recruitment efforts.
 3        (e)  The  Department  in  placing children in adoptive or
 4    foster care homes may not, in any policy or practice relating
 5    to the placement of children for  adoption  or  foster  care,
 6    discriminate  against  any  child  or prospective adoptive or
 7    foster parent on the basis of race.
 8    (Source: P.A.  92-192,  eff.  1-1-02;  92-328,  eff.  1-1-02;
 9    92-334, eff. 8-10-01; 92-651, eff. 7-11-02; revised 2-17-03.)

10        Section  10.  The Illinois Enterprise Zone Act is amended
11    by changing Section 5.5 as follows:

12        (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
13        Sec. 5.5.  High Impact Business.
14        (a)  In order  to  respond  to  unique  opportunities  to
15    assist   in   the   encouragement,  development,  growth  and
16    expansion  of  the  private  sector   through   large   scale
17    investment   and  development  projects,  the  Department  is
18    authorized  to  receive  and  approve  applications  for  the
19    designation of "High Impact Businesses" in  Illinois  subject
20    to the following conditions:
21             (1)  such  applications may be submitted at any time
22        during the year;
23             (2)  such business is not located, at  the  time  of
24        designation, in an enterprise zone designated pursuant to
25        this Act;
26             (3) (A)  the  business  intends  to  make  a minimum
27             investment of $12,000,000 which will  be  placed  in
28             service  in qualified property and intends to create
29             500  full-time  equivalent  jobs  at  a   designated
30             location  in  Illinois  or intends to make a minimum
31             investment of $30,000,000 which will  be  placed  in
32             service  in qualified property and intends to retain
 
                            -38-     LRB093 05878 EFG 05971 b
 1             1,500 full-time jobs at  a  designated  location  in
 2             Illinois.  The business must certify in writing that
 3             the investments would not be placed  in  service  in
 4             qualified  property  and  the  job  creation  or job
 5             retention would not occur without  the  tax  credits
 6             and  exemptions  set forth in subsection (b) of this
 7             Section.  The  terms   "placed   in   service"   and
 8             "qualified  property"  have  the  same  meanings  as
 9             described  in  subsection  (h) of Section 201 of the
10             Illinois Income Tax Act; or
11                  (B)  the business intends to  establish  a  new
12             electric   generating   facility   at  a  designated
13             location  in  Illinois.   "New  electric  generating
14             facility", for purposes of  this  Section,  means  a
15             newly-constructed  electric  generation  plant  or a
16             newly-constructed generation capacity  expansion  at
17             an existing electric generation plant, including the
18             transmission  lines  and  associated  equipment that
19             transfers  electricity  from  points  of  supply  to
20             points  of  delivery,  and  for   which   such   new
21             foundation  construction  commenced  not sooner than
22             July 1, 2001.  Such facility shall  be  designed  to
23             provide   baseload  electric  generation  and  shall
24             operate on a continuous basis throughout  the  year;
25             and   shall   have  an  aggregate  rated  generating
26             capacity of at least 1,000  megawatts  for  all  new
27             units  at  one  site  if  it uses natural gas as its
28             primary fuel  and  foundation  construction  of  the
29             facility  is  commenced  on  or  before December 31,
30             2004, or shall have an  aggregate  rated  generating
31             capacity of at least 400 megawatts for all new units
32             at  one  site  if it uses coal or gases derived from
33             coal as its  primary  fuel  and  shall  support  the
34             creation  of  at  least 150 new Illinois coal mining
 
                            -39-     LRB093 05878 EFG 05971 b
 1             jobs.  The business must certify in writing that the
 2             investments necessary to establish  a  new  electric
 3             generating  facility  would not be placed in service
 4             and the job creation in the case  of  a  coal-fueled
 5             plant  would  not  occur without the tax credits and
 6             exemptions set forth in  subsection  (b-5)  of  this
 7             Section.   The term "placed in service" has the same
 8             meaning as described in subsection  (h)  of  Section
 9             201 of the Illinois Income Tax Act; or
10                  (C)  the    business   intends   to   establish
11             production  operations   at   a   new   coal   mine,
12             re-establish  production operations at a closed coal
13             mine, or expand production at an existing coal  mine
14             at a designated location in Illinois not sooner than
15             July   1,   2001;   provided   that  the  production
16             operations  result  in  the  creation  of  150   new
17             Illinois   coal   mining   jobs   as   described  in
18             subdivision (a)(3)(B) of this Section,  and  further
19             provided  that  the coal extracted from such mine is
20             utilized  as  the  predominant  source  for  a   new
21             electric  generating  facility.  The  business  must
22             certify in writing that the investments necessary to
23             establish  a  new,  expanded,  or reopened coal mine
24             would not be placed in service and the job  creation
25             would   not   occur  without  the  tax  credits  and
26             exemptions set forth in  subsection  (b-5)  of  this
27             Section.   The term "placed in service" has the same
28             meaning as described in subsection  (h)  of  Section
29             201 of the Illinois Income Tax Act; or
30                  (D)  the  business  intends  to  construct  new
31             transmission    facilities   or   upgrade   existing
32             transmission facilities at designated  locations  in
33             Illinois,   for  which  construction  commenced  not
34             sooner than July 1, 2001.  For the purposes of  this
 
                            -40-     LRB093 05878 EFG 05971 b
 1             Section,     "transmission     facilities"     means
 2             transmission  lines  with  a  voltage  rating of 115
 3             kilovolts or above, including associated  equipment,
 4             that  transfer  electricity from points of supply to
 5             points of delivery and that transmit a  majority  of
 6             the   electricity   generated   by  a  new  electric
 7             generating facility  designated  as  a  High  Impact
 8             Business  in  accordance  with  this  Section.   The
 9             business   must   certify   in   writing   that  the
10             investments necessary to construct new  transmission
11             facilities    or   upgrade   existing   transmission
12             facilities would not be placed  in  service  without
13             the   tax   credits  and  exemptions  set  forth  in
14             subsection (b-5) of this Section.  The term  "placed
15             in  service"  has  the  same meaning as described in
16             subsection (h) of Section 201 of the Illinois Income
17             Tax Act; and
18             (4)  no later than 90 days after an  application  is
19        submitted,  the  Department shall notify the applicant of
20        the Department's determination of  the  qualification  of
21        the proposed High Impact Business under this Section.
22        (b)  Businesses  designated  as  High  Impact  Businesses
23    pursuant  to  subdivision  (a)(3)(A)  of  this  Section shall
24    qualify for the  credits  and  exemptions  described  in  the
25    following  Acts:  Section  9-222  and Section 9-222.1A of the
26    Public Utilities Act, subsection (h) of Section  201  of  the
27    Illinois  Income  Tax Act,; and, Section 1d of the Retailers'
28    Occupation  Tax  Act;,  provided  that  these   credits   and
29    exemptions  described  in  these Acts shall not be authorized
30    until  the  minimum  investments  set  forth  in  subdivision
31    (a)(3)(A) of this Section have  been  placed  in  service  in
32    qualified  properties  and,  in  the  case  of the exemptions
33    described in the Public Utilities Act and Section 1d  of  the
34    Retailers'   Occupation   Tax   Act,  the  minimum  full-time
 
                            -41-     LRB093 05878 EFG 05971 b
 1    equivalent jobs or full-time jobs set  forth  in  subdivision
 2    (a)(3)(A)  of  this  Section  have  been created or retained.
 3    Businesses designated as High Impact  Businesses  under  this
 4    Section  shall  also  qualify  for the exemption described in
 5    Section 5l of the Retailers' Occupation Tax Act.  The  credit
 6    provided  in  subsection  (h)  of Section 201 of the Illinois
 7    Income  Tax  Act  shall  be  applicable  to  investments   in
 8    qualified  property  as set forth in subdivision (a)(3)(A) of
 9    this Section.
10        (b-5)  Businesses designated as  High  Impact  Businesses
11    pursuant  to subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D)
12    of this Section shall qualify for the credits and  exemptions
13    described   in   the  following  Acts:   Section  51  of  the
14    Retailers' Occupation Tax  Act,  Section  9-222  and  Section
15    9-222.1A  of  the Public Utilities Act, and subsection (h) of
16    Section 201 of the Illinois  Income  Tax  Act;  however,  the
17    credits  and  exemptions  authorized  under Section 9-222 and
18    Section 9-222.1A of the Public Utilities Act, and  subsection
19    (h)  of  Section 201 of the Illinois Income Tax Act shall not
20    be authorized until the new electric generating facility, the
21    new transmission facility, or the new, expanded, or  reopened
22    coal   mine  is  operational,  except  that  a  new  electric
23    generating facility whose primary fuel source is natural  gas
24    is  eligible  only  for the exemption under Section 5l of the
25    Retailers' Occupation Tax Act.
26        (c)  High  Impact   Businesses   located   in   federally
27    designated foreign trade zones or sub-zones are also eligible
28    for   additional   credits,   exemptions  and  deductions  as
29    described in the following Acts: Section  9-221  and  Section
30    9-222.1  of  the  Public Utilities Act; and subsection (g) of
31    Section 201, and Section 203 of the Illinois Income Tax Act.
32        (d)  Existing  Illinois  businesses   which   apply   for
33    designation  as  a  High  Impact  Business  must  provide the
34    Department  with  the  prospective  plan  for   which   1,500
 
                            -42-     LRB093 05878 EFG 05971 b
 1    full-time  jobs  would  be  eliminated  in the event that the
 2    business is not designated.
 3        (e)  New proposed facilities which apply for  designation
 4    as  High  Impact  Business  must  provide the Department with
 5    proof of alternative non-Illinois sites which  would  receive
 6    the  proposed  investment  and job creation in the event that
 7    the business is not designated as a High Impact Business.
 8        (f)  In the event that a business is  designated  a  High
 9    Impact  Business  and it is later determined after reasonable
10    notice and an opportunity for a hearing as provided under the
11    Illinois Administrative  Procedure  Act,  that  the  business
12    would  have  placed  in  service  in  qualified  property the
13    investments and created or retained the requisite  number  of
14    jobs  without  the  benefits  of  the  High  Impact  Business
15    designation,  the Department shall be required to immediately
16    revoke  the  designation  and  notify  the  Director  of  the
17    Department of Revenue who shall begin proceedings to  recover
18    all  wrongfully  exempted  State  taxes  with  interest.  The
19    business shall  also  be  ineligible  for  all  State  funded
20    Department programs for a period of 10 years.
21        (g)  The  Department  shall revoke a High Impact Business
22    designation if the participating  business  fails  to  comply
23    with the terms and conditions of the designation.
24        (h)  Prior  to  designating  a  business,  the Department
25    shall  provide  the  members  of  the  General  Assembly  and
26    Illinois Economic and Fiscal Commission with a report setting
27    forth  the  terms  and  conditions  of  the  designation  and
28    guarantees that have  been  received  by  the  Department  in
29    relation to the proposed business being designated.
30    (Source:  P.A.  91-914,  eff.  7-7-00;  92-12,  eff.  7-1-01;
31    revised 3-7-02.)

32        Section  11.  The Illinois Health Facilities Planning Act
33    is amended by changing Section 3 as follows:
 
                            -43-     LRB093 05878 EFG 05971 b
 1        (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
 2        (Section scheduled to be repealed on July 1, 2003)
 3        Sec. 3.  As used in this Act:
 4        "Health care facilities" means and includes the following
 5    facilities and organizations:
 6             1.  An ambulatory surgical treatment center required
 7        to  be  licensed  pursuant  to  the  Ambulatory  Surgical
 8        Treatment Center Act;
 9             2.  An  institution,  place,  building,  or   agency
10        required   to   be  licensed  pursuant  to  the  Hospital
11        Licensing Act;
12             3.  Skilled  and   intermediate   long   term   care
13        facilities licensed under the Nursing Home Care Act;
14             3.  Skilled   and   intermediate   long   term  care
15        facilities licensed under the Nursing Home Care Act;
16             4.  Hospitals, nursing  homes,  ambulatory  surgical
17        treatment  centers,  or  kidney disease treatment centers
18        maintained by the  State  or  any  department  or  agency
19        thereof;
20             5.  Kidney  disease  treatment  centers, including a
21        free-standing hemodialysis unit; and
22             6.  An institution, place, building,  or  room  used
23        for  the  performance  of  outpatient surgical procedures
24        that is leased, owned, or operated by or on behalf of  an
25        out-of-state facility.
26        No  federally  owned  facility  shall  be  subject to the
27    provisions of  this  Act,  nor  facilities  used  solely  for
28    healing by prayer or spiritual means.
29        No  facility  licensed  under  the  Supportive Residences
30    Licensing Act or the Assisted Living and Shared  Housing  Act
31    shall be subject to the provisions of this Act.
32        A  facility  designated  as  a supportive living facility
33    that is in  good  standing  with  the  demonstration  project
34    established  under Section 5-5.01a of the Illinois Public Aid
 
                            -44-     LRB093 05878 EFG 05971 b
 1    Code shall not be subject to the provisions of this Act.
 2        This Act does not apply  to  facilities  granted  waivers
 3    under Section 3-102.2 of the Nursing Home Care Act.  However,
 4    if  a  demonstration  project  under  that  Act applies for a
 5    certificate of need to convert  to  a  nursing  facility,  it
 6    shall meet the licensure and certificate of need requirements
 7    in effect as of the date of application.
 8        This Act shall not apply to the closure of an entity or a
 9    portion of an entity licensed under the Nursing Home Care Act
10    that  elects  to convert, in whole or in part, to an assisted
11    living or shared housing  establishment  licensed  under  the
12    Assisted Living and Shared Housing Establishment Act.
13        With  the  exception  of  those  health  care  facilities
14    specifically  included  in  this Section, nothing in this Act
15    shall be intended to include facilities operated as a part of
16    the practice of a physician or  other  licensed  health  care
17    professional,  whether  practicing in his individual capacity
18    or within the legal structure of any partnership, medical  or
19    professional   corporation,   or  unincorporated  medical  or
20    professional group. Further, this  Act  shall  not  apply  to
21    physicians  or  other  licensed  health  care  professional's
22    practices  where  such practices are carried out in a portion
23    of a health care facility under  contract  with  such  health
24    care facility by a physician or by other licensed health care
25    professionals,  whether practicing in his individual capacity
26    or within the legal structure of any partnership, medical  or
27    professional   corporation,   or  unincorporated  medical  or
28    professional groups.  This Act shall apply to construction or
29    modification  and  to  establishment  by  such  health   care
30    facility  of  such  contracted  portion  which  is subject to
31    facility licensing requirements, irrespective  of  the  party
32    responsible   for   such   action   or   attendant  financial
33    obligation.
34        "Person" means any one or  more  natural  persons,  legal
 
                            -45-     LRB093 05878 EFG 05971 b
 1    entities,  governmental  bodies  other  than  federal, or any
 2    combination thereof.
 3        "Consumer" means any person other than a person (a) whose
 4    major  occupation  currently  involves  or   whose   official
 5    capacity   within   the  last  12  months  has  involved  the
 6    providing, administering or financing of any type  of  health
 7    care  facility,  (b) who is engaged in health research or the
 8    teaching of health, (c) who has a material financial interest
 9    in any activity which involves the  providing,  administering
10    or  financing of any type of health care facility, or (d) who
11    is or ever has been a member of the immediate family  of  the
12    person defined by (a), (b), or (c).
13        "State Board" means the Health Facilities Planning Board.
14        "Construction  or  modification" means the establishment,
15    erection,     building,      alteration,      reconstruction,
16    modernization,   improvement,   extension,   discontinuation,
17    change  of ownership, of or by a health care facility, or the
18    purchase or acquisition by or through a health care  facility
19    of   equipment  or  service  for  diagnostic  or  therapeutic
20    purposes or for facility administration or operation, or  any
21    capital  expenditure  made  by  or on behalf of a health care
22    facility  which  exceeds  the  capital  expenditure  minimum;
23    however, any capital expenditure made by or on  behalf  of  a
24    health  care facility for the construction or modification of
25    a facility licensed under  the  Assisted  Living  and  Shared
26    Housing Act shall be excluded from any obligations under this
27    Act.
28        "Establish"  means  the  construction  of  a  health care
29    facility or  the  replacement  of  an  existing  facility  on
30    another site.
31        "Major  medical  equipment" means medical equipment which
32    is used  for  the  provision  of  medical  and  other  health
33    services and which costs in excess of the capital expenditure
34    minimum,  except  that  such  term  does  not include medical
 
                            -46-     LRB093 05878 EFG 05971 b
 1    equipment acquired by or on behalf of a  clinical  laboratory
 2    to  provide  clinical  laboratory  services  if  the clinical
 3    laboratory is independent  of  a  physician's  office  and  a
 4    hospital  and it has been determined under Title XVIII of the
 5    Social Security Act to meet the  requirements  of  paragraphs
 6    (10) and (11) of Section 1861(s) of such Act.  In determining
 7    whether  medical  equipment  has  a  value  in  excess of the
 8    capital expenditure minimum, the value of  studies,  surveys,
 9    designs,  plans,  working drawings, specifications, and other
10    activities essential to the  acquisition  of  such  equipment
11    shall be included.
12        "Capital  Expenditure" means an expenditure:  (A) made by
13    or on behalf of a health care facility (as such a facility is
14    defined in this Act); and (B) which under generally  accepted
15    accounting  principles  is  not  properly  chargeable  as  an
16    expense of operation and maintenance, or is made to obtain by
17    lease  or comparable arrangement any facility or part thereof
18    or any equipment for a facility or part;  and  which  exceeds
19    the capital expenditure minimum.
20        For  the  purpose  of  this  paragraph,  the  cost of any
21    studies,   surveys,   designs,   plans,   working   drawings,
22    specifications,  and  other  activities  essential   to   the
23    acquisition,  improvement,  expansion,  or replacement of any
24    plant or equipment with respect to which  an  expenditure  is
25    made  shall  be  included  in determining if such expenditure
26    exceeds  the  capital  expenditures  minimum.  Donations   of
27    equipment  or  facilities  to a health care facility which if
28    acquired directly by such facility would be subject to review
29    under this Act shall be considered capital expenditures,  and
30    a  transfer  of  equipment  or  facilities for less than fair
31    market value shall be considered a  capital  expenditure  for
32    purposes  of  this  Act  if  a  transfer  of the equipment or
33    facilities at fair market value would be subject to review.
34        "Capital expenditure  minimum"  means  $6,000,000,  which
 
                            -47-     LRB093 05878 EFG 05971 b
 1    shall  be  annually  adjusted  to  reflect  the  increase  in
 2    construction  costs  due  to  inflation,  for  major  medical
 3    equipment  and  for all other capital expenditures; provided,
 4    however,  that  when  a  capital  expenditure  is   for   the
 5    construction  or modification of a health and fitness center,
 6    "capital expenditure minimum" means the  capital  expenditure
 7    minimum for all other capital expenditures in effect on March
 8    1,  2000,  which  shall  be  annually adjusted to reflect the
 9    increase in construction costs due to inflation.
10        "Non-clinical service area" means an  area  (i)  for  the
11    benefit  of  the patients, visitors, staff, or employees of a
12    health care facility and (ii) not  directly  related  to  the
13    diagnosis,  treatment, or rehabilitation of persons receiving
14    services  from  the  health  care  facility.    "Non-clinical
15    service areas" include, but are not limited to, chapels; gift
16    shops;  news stands; computer systems; tunnels, walkways, and
17    elevators; telephone systems; projects to  comply  with  life
18    safety   codes;   educational  facilities;  student  housing;
19    patient,  employee,  staff,   and   visitor   dining   areas;
20    administration   and   volunteer  offices;  modernization  of
21    structural components (such as roof replacement  and  masonry
22    work);  boiler repair or replacement; vehicle maintenance and
23    storage facilities; parking  facilities;  mechanical  systems
24    for  heating,  ventilation,  and  air  conditioning;  loading
25    docks;  and  repair  or  replacement of carpeting, tile, wall
26    coverings, window  coverings  or  treatments,  or  furniture.
27    Solely  for  the  purpose  of  this definition, "non-clinical
28    service area" does not include health and fitness centers.
29        "Areawide" means a major area of the State delineated  on
30    a  geographic,  demographic,  and functional basis for health
31    planning and for health service and having within it  one  or
32    more local areas for health planning and health service.  The
33    term  "region",  as contrasted with the term "subregion", and
34    the word "area"  may  be  used  synonymously  with  the  term
 
                            -48-     LRB093 05878 EFG 05971 b
 1    "areawide".
 2        "Local"  means  a subarea of a delineated major area that
 3    on a geographic, demographic, and  functional  basis  may  be
 4    considered   to  be  part  of  such  major  area.   The  term
 5    "subregion" may be used synonymously with the term "local".
 6        "Areawide health planning organization" or "Comprehensive
 7    health planning organization" means the health systems agency
 8    designated by the Secretary, Department of Health  and  Human
 9    Services or any successor agency.
10        "Local  health  planning  organization" means those local
11    health planning organizations that are designated as such  by
12    the  areawide health planning organization of the appropriate
13    area.
14        "Physician"  means  a  person  licensed  to  practice  in
15    accordance with the Medical Practice Act of 1987, as amended.
16        "Licensed  health  care  professional"  means  a   person
17    licensed  to  practice  a  health  profession under pertinent
18    licensing statutes of the State of Illinois.
19        "Director" means the  Director of the Illinois Department
20    of Public Health.
21        "Agency" means the Illinois Department of Public Health.
22        "Comprehensive health  planning"  means  health  planning
23    concerned  with  the  total  population  and  all  health and
24    associated problems that affect the well-being of people  and
25    that encompasses health services, health manpower, and health
26    facilities;  and  the coordination among these and with those
27    social,  economic,  and  environmental  factors  that  affect
28    health.
29        "Alternative health  care  model"  means  a  facility  or
30    program authorized under the Alternative Health Care Delivery
31    Act.
32        "Out-of-state  facility"  means a person that is both (i)
33    licensed as a hospital or as  an  ambulatory  surgery  center
34    under  the  laws  of  another  state  or  that qualifies as a
 
                            -49-     LRB093 05878 EFG 05971 b
 1    hospital or an ambulatory surgery  center  under  regulations
 2    adopted  pursuant  to  the  Social  Security Act and (ii) not
 3    licensed under the Ambulatory Surgical Treatment Center  Act,
 4    the  Hospital  Licensing  Act,  or the Nursing Home Care Act.
 5    Affiliates of out-of-state  facilities  shall  be  considered
 6    out-of-state  facilities.   Affiliates  of  Illinois licensed
 7    health care facilities 100% owned  by  an  Illinois  licensed
 8    health  care  facility,  its  parent,  or Illinois physicians
 9    licensed to practice medicine in all its branches  shall  not
10    be  considered  out-of-state  facilities.   Nothing  in  this
11    definition  shall  be  construed  to include an office or any
12    part of  an  office  of  a  physician  licensed  to  practice
13    medicine in all its branches in Illinois that is not required
14    to be licensed under the Ambulatory Surgical Treatment Center
15    Act.
16    (Source: P.A.   90-14,  eff.  7-1-97;  91-656,  eff.  1-1-01;
17    91-782, eff. 6-9-00; revised 11-6-02.)

18        Section 12.  The  Legislative  Commission  Reorganization
19    Act of 1984 is amended by changing Section 10-3 as follows:

20        (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
21        Sec. 10-3. The Legislative Research Unit may administer a
22    legislative  staff  internship  program in cooperation with a
23    university  in  the  state  designated  by  the   Legislative
24    Research   Unit.    For   the  purpose  of  advising  in  the
25    administration  of  such  a  program,  there  is  created   a
26    sponsoring   committee   for  legislative  staff  internships
27    consisting of the chairman of the Legislative  Research  Unit
28    or a member designated by him, the President of the Senate or
29    a  Senator  designated  by  him,  the Speaker of the House of
30    Representatives or a Representative designated  by  him,  the
31    Minority Leader of the Senate or a Senator designated by him,
32    and  the Minority Leader of the House of Representatives or a
 
                            -50-     LRB093 05878 EFG 05971 b
 1    Representative designated by him, as plenary members, and  as
 2    associate members, one person from the academic staff of each
 3    university  designated  by the Legislative Research Unit as a
 4    cooperating university and agreeing to cooperate, such person
 5    to be appointed by the  ranking  academic  official  of  such
 6    university.      Until  the  Legislative  Research  Unit,  by
 7    resolution,   determines    otherwise,    such    cooperating
 8    universities  are Northwestern University, Illinois Institute
 9    of Technology, University of Chicago, University of Illinois,
10    Roosevelt University,  Western  Illinois  University,  Loyola
11    University  of  Chicago, Southern Illinois University, DePaul
12    University, Eastern Illinois  University,  Northern  Illinois
13    University,   Sangamon   State   University  of  Illinois  at
14    Springfield,  and  Illinois  State   University.    Associate
15    members  shall  serve  at  the  pleasure  of their respective
16    appointing authorities.  Members of the sponsoring  committee
17    shall serve without compensation, but shall be reimbursed for
18    necessary  expenses  in  connection  with  the performance of
19    their duties.
20    (Source: P.A. 83-1257; revised 11-6-02.)


21        (30 ILCS 105/5.230 rep.)
22        Section  13.   The  State  Finance  Act  is  amended   by
23    repealing Section 5.230.


24        Section  13.1.   The  State  Finance  Act  is  amended by
25    setting forth and renumbering multiple versions  of  Sections
26    5.545,  5.552,  5.567,  5.570, and 5.571 and changing Section
27    6z-43 as follows:

28        (30 ILCS 105/5.545)
29        Sec. 5.545.  The Digital Divide Elimination Fund.
 
                            -51-     LRB093 05878 EFG 05971 b
 1    (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)

 2        (30 ILCS 105/5.552)
 3        Sec. 5.552.  The ICCB Adult Education Fund.
 4    (Source: P.A. 92-49, eff. 7-9-01; 92-651, eff. 7-11-02.)

 5        (30 ILCS 105/5.567)
 6        Sec. 5.567.  The Secretary of State Police Services Fund.
 7    (Source: P.A. 92-501, eff. 12-19-01; 92-651, eff. 7-11-02.)

 8        (30 ILCS 105/5.569)
 9        Sec. 5.569 5.570.  The National Guard Grant Fund.
10    (Source: P.A. 92-589, eff. 7-1-02; revised 8-27-02.)

11        (30 ILCS 105/5.570)
12        Sec. 5.570.  The Illinois Student  Assistance  Commission
13    Contracts and Grants Fund.
14    (Source: P.A. 92-597, eff. 6-28-02.)

15        (30 ILCS 105/5.571)
16        Sec. 5.571.  The Career and Technical Education Fund.
17    (Source: P.A. 92-597, eff. 6-28-02.)

18        (30 ILCS 105/5.572)
19        Sec.  5.572  5.570.  The  Presidential Library and Museum
20    Operating Fund.
21    (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)

22        (30 ILCS 105/5.573)
23        Sec. 5.573 5.571.  The Family Care Fund.
24    (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)

25        (30 ILCS 105/5.574)
26        Sec.  5.574  5.570.  The  Transportation  Safety  Highway
 
                            -52-     LRB093 05878 EFG 05971 b
 1    Hire-back Fund.
 2    (Source: P.A. 92-619, eff. 1-1-03; revised 8-27-02.)

 3        (30 ILCS 105/5.575)
 4        Sec. 5.575 5.570.  The McKinley Bridge Fund.
 5    (Source: P.A. 92-679, eff. 7-16-02; revised 8-27-02.)

 6        (30 ILCS 105/5.576)
 7        Sec. 5.576 5.570.  The Illinois Century  Network  Special
 8    Purposes Fund.
 9    (Source: P.A. 92-691, eff. 7-18-02; revised 8-27-02.)

10        (30 ILCS 105/5.577)
11        Sec. 5.577 5.545.  The Hospice Fund.
12    (Source: P.A. 92-693, eff. 1-1-03; revised 8-27-02.)

13        (30 ILCS 105/5.578)
14        Sec. 5.578 5.552.  Lewis and Clark Bicentennial Fund.
15    (Source: P.A. 92-694, eff. 1-1-03; revised 8-27-02.)

16        (30 ILCS 105/5.579)
17        Sec. 5.579 5.570.  The Public Broadcasting Fund.
18    (Source: P.A. 92-695, eff. 1-1-03; revised 8-27-02.)

19        (30 ILCS 105/5.580)
20        Sec. 5.580 5.570.  The Park District Youth Program Fund.
21    (Source: P.A. 92-697, eff. 7-19-02; revised 8-27-02.)

22        (30 ILCS 105/5.581)
23        Sec.   5.581   5.570.    The  Professional  Sports  Teams
24    Education Fund.
25    (Source: P.A. 92-699, eff. 1-1-03; revised 8-27-02.)

26        (30 ILCS 105/5.582)
 
                            -53-     LRB093 05878 EFG 05971 b
 1        Sec. 5.582 5.570. The Illinois Pan Hellenic Trust Fund.
 2    (Source: P.A. 92-702, eff. 1-1-03; revised 8-27-02.)

 3        (30 ILCS 105/5.583)
 4        Sec. 5.583 5.567.  The September 11th Fund.
 5    (Source: P.A. 92-704, eff. 7-19-02; revised 8-27-02.)

 6        (30 ILCS 105/5.584)
 7        Sec. 5.584 5.570.  The Illinois Route 66 Heritage Project
 8    Fund.
 9    (Source: P.A. 92-706, eff. 1-1-03; revised 8-27-02.)

10        (30 ILCS 105/5.585)
11        Sec. 5.585 5.570.  The Stop Neuroblastoma Fund.
12    (Source: P.A. 92-711, eff. 7-19-02; revised 8-27-02.)

13        (30 ILCS 105/5.586)
14        Sec. 5.586 5.570.  The Lawyers' Assistance Program Fund.
15    (Source: P.A. 92-747, eff. 7-31-02; revised 8-27-02.)

16        (30 ILCS 105/5.587)
17        Sec. 5.587 5.570.  The Local Planning Fund.
18    (Source: P.A. 92-768, eff. 8-6-02; revised 8-27-02.)

19        (30 ILCS 105/5.588)
20        Sec.  5.588  5.570.  The  Multiple  Sclerosis  Assistance
21    Fund.
22    (Source: P.A. 92-772, eff. 8-6-02; revised 8-27-02.)

23        (30 ILCS 105/5.589)
24        Sec. 5.589 5.570.   The  Innovations  in  Long-term  Care
25    Quality Demonstration Grants Fund.
26    (Source: P.A. 92-784, eff. 8-6-02; revised 8-27-02.)
 
                            -54-     LRB093 05878 EFG 05971 b
 1        (30 ILCS 105/5.590)
 2        (This  Section  may contain text from a Public Act with a
 3    delayed effective date)
 4        Sec. 5.590 5.570.  The End Stage Renal  Disease  Facility
 5    Licensing Fund.
 6    (Source: P.A. 92-794, eff. 7-1-03; revised 8-27-02.)

 7        (30 ILCS 105/5.591)
 8        Sec. 5.591 5.570.  The Restricted Call Registry Fund.
 9    (Source: P.A. 92-795, eff. 8-9-02; revised 8-27-02.)

10        (30 ILCS 105/5.592)
11        Sec.  5.592  5.570.  The  Illinois Military Family Relief
12    Fund.
13    (Source: P.A. 92-886, eff. 2-7-03; revised 2-17-03.)

14        (30 ILCS 105/6z-43)
15        Sec. 6z-43. Tobacco Settlement Recovery Fund.
16        (a)  There is created in the  State  Treasury  a  special
17    fund  to  be  known  as the Tobacco Settlement Recovery Fund,
18    into which shall be deposited all monies paid  to  the  State
19    pursuant  to  (1)  the Master Settlement Agreement entered in
20    the case of People of the State of Illinois v. Philip Morris,
21    et al. (Circuit Court of Cook County, No. 96-L13146) and  (2)
22    any  settlement  with or judgment against any tobacco product
23    manufacturer other  than  one  participating  in  the  Master
24    Settlement Agreement in satisfaction of any released claim as
25    defined  in  the  Master Settlement Agreement, as well as any
26    other monies as  provided  by  law.   All  earnings  on  Fund
27    investments  shall  be  deposited  into  the  Fund.  Upon the
28    creation of the Fund, the State Comptroller shall  order  the
29    State  Treasurer to transfer into the Fund any monies paid to
30    the State as described in item (1) or  (2)  of  this  Section
31    before  the  creation of the Fund plus any interest earned on
 
                            -55-     LRB093 05878 EFG 05971 b
 1    the investment of those monies.  The Treasurer may invest the
 2    moneys in the Fund in the same manner, in the same  types  of
 3    investments,  and subject to the same limitations provided in
 4    the Illinois Pension Code for the investment of pension funds
 5    other than those established under Article  3  or  4  of  the
 6    Code.
 7        (b)  As  soon  as  may  be practical after June 30, 2001,
 8    upon notification from and at the direction of the  Governor,
 9    the  State  Comptroller  shall direct and the State Treasurer
10    shall  transfer  the  unencumbered  balance  in  the  Tobacco
11    Settlement Recovery Fund as of June 30, 2001,  as  determined
12    by  the  Governor,  into  the Budget Stabilization Fund.  The
13    Treasurer may invest the moneys in the  Budget  Stabilization
14    Fund  in  the  same manner, in the same types of investments,
15    and subject to the same limitations provided in the  Illinois
16    Pension  Code  for the investment of pension funds other than
17    those established under Article 3 or 4 of the Code.
18        (c)  In addition to any other deposits authorized by law,
19    after any delivery of any bonds as authorized by Section  7.5
20    of  the  General  Obligation  Bond  Act  for  deposits to the
21    General  Revenue  Fund  and  the  Budget  Stabilization  Fund
22    (referred to as "tobacco  securitization  general  obligation
23    bonds"),  the  Governor  shall certify, on or before June 30,
24    2003 and June 30  of  each  year  thereafter,  to  the  State
25    Comptroller and State Treasurer the total amount of principal
26    of,  interest  on, and premium, if any, due on those bonds in
27    the next fiscal year beginning with  amounts  due  in  fiscal
28    year  2004.  As soon as practical after the annual payment of
29    tobacco settlement moneys to the Tobacco Settlement  Recovery
30    Fund  as  described  in item (1) of subsection (a), the State
31    Treasurer and  State  Comptroller  shall  transfer  from  the
32    Tobacco  Settlement  Recovery  Fund to the General Obligation
33    Bond Retirement and Interest Fund the amount certified by the
34    Governor, plus any cumulative deficiency in  those  transfers
 
                            -56-     LRB093 05878 EFG 05971 b
 1    for prior years.
 2        (d)   (c)  All  federal  financial  participation  moneys
 3    received pursuant to expenditures  from  the  Fund  shall  be
 4    deposited into the Fund.
 5    (Source:  P.A.  91-646,  eff.  11-19-99; 91-704, eff. 7-1-00;
 6    91-797,  eff.  6-9-00;  92-11,  eff.  6-11-01;  92-16,   eff.
 7    6-28-01;  92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised
 8    9-3-02.)

 9        Section 14.  The General Obligation Bond Act  is  amended
10    by changing Section 2 as follows:

11        (30 ILCS 330/2) (from Ch. 127, par. 652)
12        Sec.  2.  Authorization for Bonds.  The State of Illinois
13    is authorized to issue, sell and provide for  the  retirement
14    of  General Obligation Bonds of the State of Illinois for the
15    categories and specific  purposes  expressed  in  Sections  2
16    through 8 of this Act, in the total amount of $17,658,149,369
17    $16,908,149,369 $16,015,007,500.
18        The  bonds authorized in this Section 2 and in Section 16
19    of this Act are herein called "Bonds".
20        Of the total amount of Bonds authorized in this  Act,  up
21    to  $2,200,000,000 in aggregate original principal amount may
22    be issued and  sold  in  accordance  with  the  Baccalaureate
23    Savings Act in the form of General Obligation College Savings
24    Bonds.
25        Of  the  total amount of Bonds authorized in this Act, up
26    to $300,000,000 in aggregate original principal amount may be
27    issued and sold in accordance with the Retirement Savings Act
28    in the form of General Obligation Retirement Savings Bonds.
29        The issuance and sale of Bonds pursuant  to  the  General
30    Obligation  Bond Act is an economical and efficient method of
31    financing the capital and  general  operating  needs  of  the
32    State.   This Act will permit the issuance of a multi-purpose
 
                            -57-     LRB093 05878 EFG 05971 b
 1    General Obligation Bond  with  uniform  terms  and  features.
 2    This  will  not  only lower the cost of registration but also
 3    reduce the overall cost of  issuing  debt  by  improving  the
 4    marketability of Illinois General Obligation Bonds.
 5    (Source:  P.A.  91-39,  eff.  6-15-99;  91-53,  eff  6-30-99;
 6    91-710,  eff.  5-17-00;  92-13,  eff.  6-22-01;  92-596, eff.
 7    6-28-02; 92-598, eff. 6-28-02; revised 10-8-02.)

 8        Section 15.  The State Mandates Act is amended by setting
 9    forth,  renumbering,  and  changing  multiple   versions   of
10    Sections 8.25 and 8.26 as follows:

11        (30 ILCS 805/8.25)
12        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
13    and 8 of this Act, no reimbursement by the State is  required
14    for  the  implementation of any mandate created by Public Act
15    92-36, 92-50, 92-52, 92-53, 92-166, 92-281,  92-382,  92-388,
16    92-416, 92-424, or 92-465.
17    (Source:  P.A.  92-36,  eff.  6-28-01;  92-50,  eff. 7-12-01;
18    92-52,  eff.  7-12-01;  92-53,  eff.  7-12-01;  92-166,  eff.
19    1-1-02; 92-281, eff. 8-7-01; 92-382,  eff.  8-16-01;  92-388,
20    eff.  1-1-02;  92-416,  eff.  8-17-01;  92-424, eff. 8-17-01;
21    92-465, eff. 1-1-02; 92-651, eff. 7-11-02.)

22        (30 ILCS 805/8.26)
23        Sec. 8.26 8.25. Exempt mandate.  Notwithstanding Sections
24    6 and 8 of  this  Act,  no  reimbursement  by  the  State  is
25    required  for  the  implementation  of any mandate created by
26    Public Act 92-505, 92-533, 92-599,  92-602,  92-609,  92-616,
27    92-631,  92-705,  92-733,  92-767, 92-779, 92-844, or 92-846.
28    this amendatory Act of the 92nd General Assembly.
29    (Source: P.A. 92-505, eff. 12-20-01;  92-533,  eff.  3-14-02;
30    92-599,  eff.  6-28-02;  92-602,  eff.  7-1-02;  92-609, eff.
31    7-1-02; 92-616, eff. 7-8-02; 92-631,  eff.  7-11-02;  92-705,
 
                            -58-     LRB093 05878 EFG 05971 b
 1    eff.  7-19-02;  92-733,  eff.  7-25-02;  92-767, eff. 8-6-02;
 2    92-779, eff.  8-6-02;  92-844,  eff.  8-23-02;  92-846,  eff.
 3    8-23-02; revised 10-25-02.)

 4        Section  16.   The  Illinois Income Tax Act is amended by
 5    changing Sections 203, 509, and 510 as follows:

 6        (35 ILCS 5/203) (from Ch. 120, par. 2-203)
 7        Sec. 203.  Base income defined.
 8        (a)  Individuals.
 9             (1)  In general.  In the case of an individual, base
10        income means an amount equal to the  taxpayer's  adjusted
11        gross   income  for  the  taxable  year  as  modified  by
12        paragraph (2).
13             (2)  Modifications.   The  adjusted   gross   income
14        referred  to in paragraph (1) shall be modified by adding
15        thereto the sum of the following amounts:
16                  (A)  An amount equal to  all  amounts  paid  or
17             accrued  to  the  taxpayer  as interest or dividends
18             during the taxable year to the extent excluded  from
19             gross  income  in  the computation of adjusted gross
20             income, except stock dividends of  qualified  public
21             utilities   described   in  Section  305(e)  of  the
22             Internal Revenue Code;
23                  (B)  An amount  equal  to  the  amount  of  tax
24             imposed  by  this  Act  to  the extent deducted from
25             gross income in the computation  of  adjusted  gross
26             income for the taxable year;
27                  (C)  An  amount  equal  to  the amount received
28             during the taxable year as a recovery or  refund  of
29             real   property  taxes  paid  with  respect  to  the
30             taxpayer's principal residence under the Revenue Act
31             of 1939 and for which  a  deduction  was  previously
32             taken  under  subparagraph (L) of this paragraph (2)
 
                            -59-     LRB093 05878 EFG 05971 b
 1             prior to July 1, 1991, the retrospective application
 2             date of Article 4 of Public Act 87-17.  In the  case
 3             of  multi-unit  or  multi-use  structures  and  farm
 4             dwellings,  the  taxes  on  the taxpayer's principal
 5             residence shall be that portion of the  total  taxes
 6             for  the  entire  property  which is attributable to
 7             such principal residence;
 8                  (D)  An amount  equal  to  the  amount  of  the
 9             capital  gain deduction allowable under the Internal
10             Revenue Code, to  the  extent  deducted  from  gross
11             income in the computation of adjusted gross income;
12                  (D-5)  An amount, to the extent not included in
13             adjusted  gross income, equal to the amount of money
14             withdrawn by the taxpayer in the taxable year from a
15             medical care savings account and the interest earned
16             on the account in the taxable year of  a  withdrawal
17             pursuant  to  subsection  (b)  of  Section 20 of the
18             Medical Care Savings Account Act or  subsection  (b)
19             of  Section  20  of the Medical Care Savings Account
20             Act of 2000;
21                  (D-10)  For taxable years ending after December
22             31,  1997,  an  amount   equal   to   any   eligible
23             remediation  costs  that  the individual deducted in
24             computing adjusted gross income and  for  which  the
25             individual  claims  a credit under subsection (l) of
26             Section 201;
27                  (D-15)  For taxable years 2001 and  thereafter,
28             an  amount equal to the bonus depreciation deduction
29             (30%  of  the  adjusted  basis  of   the   qualified
30             property) taken on the taxpayer's federal income tax
31             return  for the taxable year under subsection (k) of
32             Section 168 of the Internal Revenue Code; and
33                  (D-16)  If the taxpayer reports a capital  gain
34             or  loss on the taxpayer's federal income tax return
 
                            -60-     LRB093 05878 EFG 05971 b
 1             for the taxable year based on a sale or transfer  of
 2             property  for which the taxpayer was required in any
 3             taxable year to make an addition modification  under
 4             subparagraph  (D-15),  then  an  amount equal to the
 5             aggregate amount of  the  deductions  taken  in  all
 6             taxable years under subparagraph (Z) with respect to
 7             that property.;
 8                  The  taxpayer  is required to make the addition
 9             modification under this subparagraph only once  with
10             respect to any one piece of property;. and
11                  (D-20)  (D-15)  For  taxable years beginning on
12             or  after  January  1,  2002,  in  the  case  of   a
13             distribution  from a qualified tuition program under
14             Section 529 of the Internal Revenue Code, other than
15             (i) a  distribution  from  a  College  Savings  Pool
16             created  under  Section  16.5 of the State Treasurer
17             Act or (ii) a distribution from the Illinois Prepaid
18             Tuition Trust Fund, an amount equal  to  the  amount
19             excluded    from    gross   income   under   Section
20             529(c)(3)(B);
21        and by deducting from the total so obtained  the  sum  of
22        the following amounts:
23                  (E)  For  taxable  years ending before December
24             31, 2001, any  amount  included  in  such  total  in
25             respect  of  any  compensation  (including  but  not
26             limited  to  any  compensation  paid or accrued to a
27             serviceman while a prisoner of  war  or  missing  in
28             action)  paid  to  a  resident by reason of being on
29             active duty in the Armed Forces of the United States
30             and in respect of any compensation paid  or  accrued
31             to  a  resident who as a governmental employee was a
32             prisoner of war or missing in action, and in respect
33             of any compensation paid to a resident  in  1971  or
34             thereafter for annual training performed pursuant to
 
                            -61-     LRB093 05878 EFG 05971 b
 1             Sections  502  and 503, Title 32, United States Code
 2             as a member of  the  Illinois  National  Guard.  For
 3             taxable  years ending on or after December 31, 2001,
 4             any amount included in such total in respect of  any
 5             compensation  (including  but  not  limited  to  any
 6             compensation paid or accrued to a serviceman while a
 7             prisoner  of  war  or  missing  in action) paid to a
 8             resident  by  reason  of  being  a  member  of   any
 9             component  of  the Armed Forces of the United States
10             and in respect of any compensation paid  or  accrued
11             to  a  resident who as a governmental employee was a
12             prisoner of war or missing in action, and in respect
13             of any compensation paid to a resident  in  2001  or
14             thereafter  by  reason  of  being  a  member  of the
15             Illinois National  Guard.  The  provisions  of  this
16             amendatory  Act  of  the  92nd  General Assembly are
17             exempt from the provisions of Section 250;
18                  (F)  An amount equal to all amounts included in
19             such total pursuant to the  provisions  of  Sections
20             402(a),  402(c), 403(a), 403(b), 406(a), 407(a), and
21             408 of the Internal Revenue  Code,  or  included  in
22             such  total as distributions under the provisions of
23             any retirement or disability plan for  employees  of
24             any  governmental  agency  or  unit,  or  retirement
25             payments  to  retired  partners,  which payments are
26             excluded  in  computing  net  earnings   from   self
27             employment  by  Section 1402 of the Internal Revenue
28             Code and regulations adopted pursuant thereto;
29                  (G)  The valuation limitation amount;
30                  (H)  An amount equal to the amount of  any  tax
31             imposed  by  this  Act  which  was  refunded  to the
32             taxpayer and included in such total for the  taxable
33             year;
34                  (I)  An amount equal to all amounts included in
 
                            -62-     LRB093 05878 EFG 05971 b
 1             such total pursuant to the provisions of Section 111
 2             of  the Internal Revenue Code as a recovery of items
 3             previously deducted from adjusted  gross  income  in
 4             the computation of taxable income;
 5                  (J)  An   amount   equal   to  those  dividends
 6             included  in  such  total  which  were  paid  by   a
 7             corporation which conducts business operations in an
 8             Enterprise  Zone or zones created under the Illinois
 9             Enterprise Zone Act, and conducts substantially  all
10             of its operations in an Enterprise Zone or zones;
11                  (K)  An   amount   equal   to  those  dividends
12             included  in  such  total  that  were  paid   by   a
13             corporation  that  conducts business operations in a
14             federally designated Foreign Trade Zone or  Sub-Zone
15             and  that  is  designated  a  High  Impact  Business
16             located   in   Illinois;   provided  that  dividends
17             eligible for the deduction provided in  subparagraph
18             (J) of paragraph (2) of this subsection shall not be
19             eligible  for  the  deduction  provided  under  this
20             subparagraph (K);
21                  (L)  For  taxable  years  ending after December
22             31, 1983, an amount equal  to  all  social  security
23             benefits  and  railroad retirement benefits included
24             in such total pursuant to Sections 72(r) and  86  of
25             the Internal Revenue Code;
26                  (M)  With   the   exception   of   any  amounts
27             subtracted under subparagraph (N), an  amount  equal
28             to  the  sum of all amounts disallowed as deductions
29             by (i)  Sections  171(a)  (2),  and  265(2)  of  the
30             Internal  Revenue  Code of 1954, as now or hereafter
31             amended, and all amounts of  expenses  allocable  to
32             interest  and   disallowed  as deductions by Section
33             265(1) of the Internal Revenue Code of 1954, as  now
34             or  hereafter  amended;  and  (ii) for taxable years
 
                            -63-     LRB093 05878 EFG 05971 b
 1             ending  on  or  after  August  13,  1999,   Sections
 2             171(a)(2),  265,  280C,  and  832(b)(5)(B)(i) of the
 3             Internal  Revenue  Code;  the  provisions  of   this
 4             subparagraph  are  exempt  from  the  provisions  of
 5             Section 250;
 6                  (N)  An amount equal to all amounts included in
 7             such  total  which  are exempt from taxation by this
 8             State  either  by  reason   of   its   statutes   or
 9             Constitution  or  by  reason  of  the  Constitution,
10             treaties  or statutes of the United States; provided
11             that, in the case of any statute of this State  that
12             exempts   income   derived   from   bonds  or  other
13             obligations from the tax imposed under this Act, the
14             amount exempted shall be the interest  net  of  bond
15             premium amortization;
16                  (O)  An  amount  equal to any contribution made
17             to a job training project  established  pursuant  to
18             the Tax Increment Allocation Redevelopment Act;
19                  (P)  An  amount  equal  to  the  amount  of the
20             deduction used to compute  the  federal  income  tax
21             credit  for  restoration of substantial amounts held
22             under claim of right for the taxable  year  pursuant
23             to  Section  1341  of  the  Internal Revenue Code of
24             1986;
25                  (Q)  An amount equal to any amounts included in
26             such  total,  received  by  the   taxpayer   as   an
27             acceleration  in  the  payment of life, endowment or
28             annuity benefits in advance of the time  they  would
29             otherwise  be payable as an indemnity for a terminal
30             illness;
31                  (R)  An amount  equal  to  the  amount  of  any
32             federal  or  State  bonus  paid  to  veterans of the
33             Persian Gulf War;
34                  (S)  An  amount,  to  the  extent  included  in
 
                            -64-     LRB093 05878 EFG 05971 b
 1             adjusted gross income, equal  to  the  amount  of  a
 2             contribution  made  in the taxable year on behalf of
 3             the taxpayer  to  a  medical  care  savings  account
 4             established  under  the Medical Care Savings Account
 5             Act or the Medical Care Savings Account Act of  2000
 6             to  the  extent  the contribution is accepted by the
 7             account administrator as provided in that Act;
 8                  (T)  An  amount,  to  the  extent  included  in
 9             adjusted  gross  income,  equal  to  the  amount  of
10             interest earned in the taxable  year  on  a  medical
11             care  savings  account established under the Medical
12             Care Savings Account Act or the Medical Care Savings
13             Account Act of 2000 on behalf of the taxpayer, other
14             than interest added pursuant to item (D-5)  of  this
15             paragraph (2);
16                  (U)  For one taxable year beginning on or after
17             January 1, 1994, an amount equal to the total amount
18             of  tax  imposed  and paid under subsections (a) and
19             (b) of Section 201 of  this  Act  on  grant  amounts
20             received  by  the  taxpayer  under  the Nursing Home
21             Grant Assistance Act during the  taxpayer's  taxable
22             years 1992 and 1993;
23                  (V)  Beginning  with  tax  years  ending  on or
24             after December 31, 1995 and ending  with  tax  years
25             ending  on  or  before  December 31, 2004, an amount
26             equal to the amount paid by  a  taxpayer  who  is  a
27             self-employed  taxpayer, a partner of a partnership,
28             or a shareholder in a Subchapter S  corporation  for
29             health  insurance  or  long-term  care insurance for
30             that  taxpayer  or   that   taxpayer's   spouse   or
31             dependents,  to  the extent that the amount paid for
32             that health insurance or  long-term  care  insurance
33             may  be  deducted  under Section 213 of the Internal
34             Revenue Code of 1986, has not been deducted  on  the
 
                            -65-     LRB093 05878 EFG 05971 b
 1             federal  income tax return of the taxpayer, and does
 2             not exceed the taxable income attributable  to  that
 3             taxpayer's   income,   self-employment   income,  or
 4             Subchapter S  corporation  income;  except  that  no
 5             deduction  shall  be  allowed under this item (V) if
 6             the taxpayer  is  eligible  to  participate  in  any
 7             health insurance or long-term care insurance plan of
 8             an  employer  of  the  taxpayer  or  the  taxpayer's
 9             spouse.   The  amount  of  the  health insurance and
10             long-term care insurance subtracted under this  item
11             (V)  shall be determined by multiplying total health
12             insurance and long-term care insurance premiums paid
13             by the taxpayer times a number that  represents  the
14             fractional  percentage  of eligible medical expenses
15             under Section 213 of the Internal  Revenue  Code  of
16             1986 not actually deducted on the taxpayer's federal
17             income tax return;
18                  (W)  For  taxable  years  beginning on or after
19             January  1,  1998,  all  amounts  included  in   the
20             taxpayer's  federal gross income in the taxable year
21             from amounts converted from a regular IRA to a  Roth
22             IRA. This paragraph is exempt from the provisions of
23             Section 250;
24                  (X)  For  taxable  year 1999 and thereafter, an
25             amount equal to the amount of any (i) distributions,
26             to the extent includible in gross income for federal
27             income tax purposes, made to the taxpayer because of
28             his or her status as a  victim  of  persecution  for
29             racial  or  religious reasons by Nazi Germany or any
30             other Axis regime or as an heir of  the  victim  and
31             (ii)  items  of  income, to the extent includible in
32             gross  income  for  federal  income  tax   purposes,
33             attributable  to, derived from or in any way related
34             to assets stolen from,  hidden  from,  or  otherwise
 
                            -66-     LRB093 05878 EFG 05971 b
 1             lost  to  a  victim  of  persecution  for  racial or
 2             religious reasons by Nazi Germany or any other  Axis
 3             regime immediately prior to, during, and immediately
 4             after  World  War II, including, but not limited to,
 5             interest on the  proceeds  receivable  as  insurance
 6             under policies issued to a victim of persecution for
 7             racial  or  religious reasons by Nazi Germany or any
 8             other Axis regime by  European  insurance  companies
 9             immediately  prior  to  and  during  World  War  II;
10             provided,  however,  this  subtraction  from federal
11             adjusted gross  income  does  not  apply  to  assets
12             acquired  with such assets or with the proceeds from
13             the sale of such  assets;  provided,  further,  this
14             paragraph shall only apply to a taxpayer who was the
15             first  recipient of such assets after their recovery
16             and who is a victim of  persecution  for  racial  or
17             religious  reasons by Nazi Germany or any other Axis
18             regime or as an heir of the victim.  The  amount  of
19             and  the  eligibility  for  any  public  assistance,
20             benefit,  or  similar entitlement is not affected by
21             the  inclusion  of  items  (i)  and  (ii)  of   this
22             paragraph  in  gross  income  for federal income tax
23             purposes.  This  paragraph  is   exempt   from   the
24             provisions of Section 250;
25                  (Y)  For  taxable  years  beginning on or after
26             January 1, 2002, moneys contributed in  the  taxable
27             year to a College Savings Pool account under Section
28             16.5 of the State Treasurer Act, except that amounts
29             excluded    from    gross   income   under   Section
30             529(c)(3)(C)(i) of the Internal Revenue  Code  shall
31             not  be  considered  moneys  contributed  under this
32             subparagraph (Y).  This subparagraph (Y)  is  exempt
33             from the provisions of Section 250;
34                  (Z)  For taxable years 2001 and thereafter, for
 
                            -67-     LRB093 05878 EFG 05971 b
 1             the  taxable  year  in  which the bonus depreciation
 2             deduction  (30%  of  the  adjusted  basis   of   the
 3             qualified  property)  is  taken  on  the  taxpayer's
 4             federal  income  tax  return under subsection (k) of
 5             Section 168 of the Internal  Revenue  Code  and  for
 6             each  applicable  taxable year thereafter, an amount
 7             equal to "x", where:
 8                       (1)  "y"  equals   the   amount   of   the
 9                  depreciation  deduction  taken  for the taxable
10                  year  on  the  taxpayer's  federal  income  tax
11                  return  on  property  for   which   the   bonus
12                  depreciation  deduction  (30%  of  the adjusted
13                  basis of the qualified property) was  taken  in
14                  any year under subsection (k) of Section 168 of
15                  the  Internal  Revenue  Code, but not including
16                  the bonus depreciation deduction; and
17                       (2)  "x" equals "y" multiplied by  30  and
18                  then  divided  by  70  (or  "y"  multiplied  by
19                  0.429).
20                  The   aggregate   amount  deducted  under  this
21             subparagraph in all taxable years for any one  piece
22             of  property  may not exceed the amount of the bonus
23             depreciation deduction (30% of the adjusted basis of
24             the qualified property) taken on  that  property  on
25             the  taxpayer's  federal  income  tax  return  under
26             subsection  (k)  of  Section  168  of  the  Internal
27             Revenue Code; and
28                  (AA)  If the taxpayer reports a capital gain or
29             loss on the taxpayer's federal income tax return for
30             the  taxable  year  based  on  a sale or transfer of
31             property for which the taxpayer was required in  any
32             taxable  year to make an addition modification under
33             subparagraph (D-15), then an amount  equal  to  that
34             addition modification.
 
                            -68-     LRB093 05878 EFG 05971 b
 1                  The  taxpayer  is allowed to take the deduction
 2             under this subparagraph only once  with  respect  to
 3             any one piece of property; and
 4                  (BB) (Z)  Any amount included in adjusted gross
 5             income, other than salary, received by a driver in a
 6             ridesharing arrangement using a motor vehicle.

 7        (b)  Corporations.
 8             (1)  In general.  In the case of a corporation, base
 9        income  means  an  amount equal to the taxpayer's taxable
10        income for the taxable year as modified by paragraph (2).
11             (2)  Modifications.  The taxable income referred  to
12        in  paragraph (1) shall be modified by adding thereto the
13        sum of the following amounts:
14                  (A)  An amount equal to  all  amounts  paid  or
15             accrued   to   the  taxpayer  as  interest  and  all
16             distributions  received  from  regulated  investment
17             companies during the  taxable  year  to  the  extent
18             excluded  from  gross  income  in the computation of
19             taxable income;
20                  (B)  An amount  equal  to  the  amount  of  tax
21             imposed  by  this  Act  to  the extent deducted from
22             gross income in the computation  of  taxable  income
23             for the taxable year;
24                  (C)  In  the  case  of  a  regulated investment
25             company, an amount equal to the excess  of  (i)  the
26             net  long-term  capital  gain  for the taxable year,
27             over (ii) the amount of the capital  gain  dividends
28             designated   as  such  in  accordance  with  Section
29             852(b)(3)(C) of the Internal Revenue  Code  and  any
30             amount  designated under Section 852(b)(3)(D) of the
31             Internal Revenue Code, attributable to  the  taxable
32             year (this amendatory Act of 1995 (Public Act 89-89)
33             is  declarative  of  existing  law  and is not a new
34             enactment);
 
                            -69-     LRB093 05878 EFG 05971 b
 1                  (D)  The  amount  of  any  net  operating  loss
 2             deduction taken in arriving at taxable income, other
 3             than a net operating loss  carried  forward  from  a
 4             taxable year ending prior to December 31, 1986;
 5                  (E)  For taxable years in which a net operating
 6             loss  carryback  or carryforward from a taxable year
 7             ending prior to December 31, 1986 is an  element  of
 8             taxable income under paragraph (1) of subsection (e)
 9             or  subparagraph  (E) of paragraph (2) of subsection
10             (e), the  amount  by  which  addition  modifications
11             other  than  those provided by this subparagraph (E)
12             exceeded subtraction modifications in  such  earlier
13             taxable year, with the following limitations applied
14             in the order that they are listed:
15                       (i)  the addition modification relating to
16                  the  net operating loss carried back or forward
17                  to the  taxable  year  from  any  taxable  year
18                  ending  prior  to  December  31,  1986 shall be
19                  reduced by the amount of addition  modification
20                  under  this  subparagraph  (E) which related to
21                  that net operating loss  and  which  was  taken
22                  into  account in calculating the base income of
23                  an earlier taxable year, and
24                       (ii)  the addition  modification  relating
25                  to  the  net  operating  loss  carried  back or
26                  forward to the taxable year  from  any  taxable
27                  year  ending  prior  to December 31, 1986 shall
28                  not exceed the  amount  of  such  carryback  or
29                  carryforward;
30                  For  taxable  years  in  which  there  is a net
31             operating loss carryback or carryforward  from  more
32             than one other taxable year ending prior to December
33             31, 1986, the addition modification provided in this
34             subparagraph  (E)  shall  be  the sum of the amounts
 
                            -70-     LRB093 05878 EFG 05971 b
 1             computed   independently   under    the    preceding
 2             provisions  of  this  subparagraph (E) for each such
 3             taxable year;
 4                  (E-5)  For taxable years ending after  December
 5             31,   1997,   an   amount   equal  to  any  eligible
 6             remediation costs that the corporation  deducted  in
 7             computing  adjusted  gross  income and for which the
 8             corporation claims a credit under subsection (l)  of
 9             Section 201;
10                  (E-10)  For  taxable years 2001 and thereafter,
11             an amount equal to the bonus depreciation  deduction
12             (30%   of   the  adjusted  basis  of  the  qualified
13             property) taken on the taxpayer's federal income tax
14             return for the taxable year under subsection (k)  of
15             Section 168 of the Internal Revenue Code; and
16                  (E-11)  If  the taxpayer reports a capital gain
17             or loss on the taxpayer's federal income tax  return
18             for  the taxable year based on a sale or transfer of
19             property for which the taxpayer was required in  any
20             taxable  year to make an addition modification under
21             subparagraph (E-10), then an  amount  equal  to  the
22             aggregate  amount  of  the  deductions  taken in all
23             taxable years under subparagraph (T) with respect to
24             that property.;
25                  The taxpayer is required to make  the  addition
26             modification  under this subparagraph only once with
27             respect to any one piece of property;
28        and by deducting from the total so obtained  the  sum  of
29        the following amounts:
30                  (F)  An  amount  equal to the amount of any tax
31             imposed by  this  Act  which  was  refunded  to  the
32             taxpayer  and included in such total for the taxable
33             year;
34                  (G)  An amount equal to any amount included  in
 
                            -71-     LRB093 05878 EFG 05971 b
 1             such  total under Section 78 of the Internal Revenue
 2             Code;
 3                  (H)  In the  case  of  a  regulated  investment
 4             company,  an  amount  equal  to the amount of exempt
 5             interest dividends as defined in subsection (b)  (5)
 6             of Section 852 of the Internal Revenue Code, paid to
 7             shareholders for the taxable year;
 8                  (I)  With   the   exception   of   any  amounts
 9             subtracted under subparagraph (J), an  amount  equal
10             to  the  sum of all amounts disallowed as deductions
11             by  (i)  Sections  171(a)  (2),  and  265(a)(2)  and
12             amounts disallowed as interest  expense  by  Section
13             291(a)(3)  of  the  Internal Revenue Code, as now or
14             hereafter  amended,  and  all  amounts  of  expenses
15             allocable to interest and disallowed  as  deductions
16             by  Section  265(a)(1) of the Internal Revenue Code,
17             as now or hereafter amended; and  (ii)  for  taxable
18             years  ending  on or after August 13, 1999, Sections
19             171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
20             of the Internal Revenue Code; the provisions of this
21             subparagraph  are  exempt  from  the  provisions  of
22             Section 250;
23                  (J)  An amount equal to all amounts included in
24             such total which are exempt from  taxation  by  this
25             State   either   by   reason   of  its  statutes  or
26             Constitution  or  by  reason  of  the  Constitution,
27             treaties or statutes of the United States;  provided
28             that,  in the case of any statute of this State that
29             exempts  income  derived   from   bonds   or   other
30             obligations from the tax imposed under this Act, the
31             amount  exempted  shall  be the interest net of bond
32             premium amortization;
33                  (K)  An  amount  equal   to   those   dividends
34             included   in  such  total  which  were  paid  by  a
 
                            -72-     LRB093 05878 EFG 05971 b
 1             corporation which conducts business operations in an
 2             Enterprise Zone or zones created under the  Illinois
 3             Enterprise  Zone  Act and conducts substantially all
 4             of its operations in an Enterprise Zone or zones;
 5                  (L)  An  amount  equal   to   those   dividends
 6             included   in   such  total  that  were  paid  by  a
 7             corporation that conducts business operations  in  a
 8             federally  designated Foreign Trade Zone or Sub-Zone
 9             and  that  is  designated  a  High  Impact  Business
10             located  in  Illinois;   provided   that   dividends
11             eligible  for the deduction provided in subparagraph
12             (K) of paragraph 2 of this subsection shall  not  be
13             eligible  for  the  deduction  provided  under  this
14             subparagraph (L);
15                  (M)  For  any  taxpayer  that  is  a  financial
16             organization within the meaning of Section 304(c) of
17             this  Act,  an  amount  included  in  such  total as
18             interest income from a loan or loans  made  by  such
19             taxpayer  to  a  borrower, to the extent that such a
20             loan is secured by property which  is  eligible  for
21             the Enterprise Zone Investment Credit.  To determine
22             the  portion  of  a loan or loans that is secured by
23             property eligible for a  Section  201(f)  investment
24             credit  to the borrower, the entire principal amount
25             of the loan or loans between the  taxpayer  and  the
26             borrower  should  be  divided  into the basis of the
27             Section  201(f)  investment  credit  property  which
28             secures the loan or loans, using  for  this  purpose
29             the original basis of such property on the date that
30             it  was  placed  in  service in the Enterprise Zone.
31             The subtraction modification available  to  taxpayer
32             in  any  year  under  this  subsection shall be that
33             portion of the total interest paid by  the  borrower
34             with  respect  to  such  loan  attributable  to  the
 
                            -73-     LRB093 05878 EFG 05971 b
 1             eligible  property  as calculated under the previous
 2             sentence;
 3                  (M-1)  For any taxpayer  that  is  a  financial
 4             organization within the meaning of Section 304(c) of
 5             this  Act,  an  amount  included  in  such  total as
 6             interest income from a loan or loans  made  by  such
 7             taxpayer  to  a  borrower, to the extent that such a
 8             loan is secured by property which  is  eligible  for
 9             the  High  Impact  Business  Investment  Credit.  To
10             determine the portion of a loan  or  loans  that  is
11             secured  by  property  eligible for a Section 201(h)
12             investment  credit  to  the  borrower,  the   entire
13             principal  amount  of  the loan or loans between the
14             taxpayer and the borrower should be divided into the
15             basis  of  the  Section  201(h)  investment   credit
16             property  which secures the loan or loans, using for
17             this purpose the original basis of such property  on
18             the  date  that  it  was  placed  in  service  in  a
19             federally  designated Foreign Trade Zone or Sub-Zone
20             located in Illinois.  No taxpayer that  is  eligible
21             for  the  deduction  provided in subparagraph (M) of
22             paragraph (2) of this subsection shall  be  eligible
23             for  the  deduction provided under this subparagraph
24             (M-1).  The subtraction  modification  available  to
25             taxpayers in any year under this subsection shall be
26             that  portion  of  the  total  interest  paid by the
27             borrower with respect to such loan  attributable  to
28             the   eligible  property  as  calculated  under  the
29             previous sentence;
30                  (N)  Two times any contribution made during the
31             taxable year to a designated  zone  organization  to
32             the  extent that the contribution (i) qualifies as a
33             charitable  contribution  under  subsection  (c)  of
34             Section 170 of the Internal Revenue  Code  and  (ii)
 
                            -74-     LRB093 05878 EFG 05971 b
 1             must,  by  its terms, be used for a project approved
 2             by the Department of Commerce and Community  Affairs
 3             under  Section  11  of  the Illinois Enterprise Zone
 4             Act;
 5                  (O)  An amount equal to: (i)  85%  for  taxable
 6             years  ending  on or before December 31, 1992, or, a
 7             percentage equal to the percentage  allowable  under
 8             Section  243(a)(1)  of  the Internal Revenue Code of
 9             1986 for taxable years  ending  after  December  31,
10             1992,  of  the amount by which dividends included in
11             taxable income and received from a corporation  that
12             is  not  created  or organized under the laws of the
13             United States or any state or political  subdivision
14             thereof,  including,  for taxable years ending on or
15             after  December  31,  1988,  dividends  received  or
16             deemed  received  or  paid  or  deemed  paid   under
17             Sections  951  through  964  of the Internal Revenue
18             Code, exceed the amount of the modification provided
19             under subparagraph (G)  of  paragraph  (2)  of  this
20             subsection  (b)  which is related to such dividends;
21             plus (ii) 100% of the  amount  by  which  dividends,
22             included  in taxable income and received, including,
23             for taxable years ending on or  after  December  31,
24             1988,  dividends received or deemed received or paid
25             or deemed paid under Sections 951 through 964 of the
26             Internal Revenue Code,  from  any  such  corporation
27             specified  in  clause  (i)  that  would  but for the
28             provisions of Section 1504 (b) (3) of  the  Internal
29             Revenue   Code   be  treated  as  a  member  of  the
30             affiliated  group  which   includes   the   dividend
31             recipient,  exceed  the  amount  of the modification
32             provided under subparagraph (G) of paragraph (2)  of
33             this   subsection  (b)  which  is  related  to  such
34             dividends;
 
                            -75-     LRB093 05878 EFG 05971 b
 1                  (P)  An amount equal to any  contribution  made
 2             to  a  job  training project established pursuant to
 3             the Tax Increment Allocation Redevelopment Act;
 4                  (Q)  An amount  equal  to  the  amount  of  the
 5             deduction  used  to  compute  the federal income tax
 6             credit for restoration of substantial  amounts  held
 7             under  claim  of right for the taxable year pursuant
 8             to Section 1341 of  the  Internal  Revenue  Code  of
 9             1986;
10                  (R)  In  the  case  of an attorney-in-fact with
11             respect to whom  an  interinsurer  or  a  reciprocal
12             insurer  has  made the election under Section 835 of
13             the Internal Revenue Code, 26 U.S.C. 835, an  amount
14             equal  to the excess, if any, of the amounts paid or
15             incurred by that interinsurer or reciprocal  insurer
16             in the taxable year to the attorney-in-fact over the
17             deduction allowed to that interinsurer or reciprocal
18             insurer  with  respect to the attorney-in-fact under
19             Section 835(b) of the Internal Revenue Code for  the
20             taxable year;
21                  (S)  For  taxable  years  ending  on  or  after
22             December  31,  1997,  in  the case of a Subchapter S
23             corporation, an  amount  equal  to  all  amounts  of
24             income  allocable  to  a  shareholder subject to the
25             Personal Property Tax Replacement Income Tax imposed
26             by subsections (c) and (d) of Section  201  of  this
27             Act,  including  amounts  allocable to organizations
28             exempt from federal income tax by reason of  Section
29             501(a)   of   the   Internal   Revenue  Code.   This
30             subparagraph (S) is exempt from  the  provisions  of
31             Section 250;
32                  (T)  For taxable years 2001 and thereafter, for
33             the  taxable  year  in  which the bonus depreciation
34             deduction  (30%  of  the  adjusted  basis   of   the
 
                            -76-     LRB093 05878 EFG 05971 b
 1             qualified  property)  is  taken  on  the  taxpayer's
 2             federal  income  tax  return under subsection (k) of
 3             Section 168 of the Internal  Revenue  Code  and  for
 4             each  applicable  taxable year thereafter, an amount
 5             equal to "x", where:
 6                       (1)  "y"  equals   the   amount   of   the
 7                  depreciation  deduction  taken  for the taxable
 8                  year  on  the  taxpayer's  federal  income  tax
 9                  return  on  property  for   which   the   bonus
10                  depreciation  deduction  (30%  of  the adjusted
11                  basis of the qualified property) was  taken  in
12                  any year under subsection (k) of Section 168 of
13                  the  Internal  Revenue  Code, but not including
14                  the bonus depreciation deduction; and
15                       (2)  "x" equals "y" multiplied by  30  and
16                  then  divided  by  70  (or  "y"  multiplied  by
17                  0.429).
18                  The   aggregate   amount  deducted  under  this
19             subparagraph in all taxable years for any one  piece
20             of  property  may not exceed the amount of the bonus
21             depreciation deduction (30% of the adjusted basis of
22             the qualified property) taken on  that  property  on
23             the  taxpayer's  federal  income  tax  return  under
24             subsection  (k)  of  Section  168  of  the  Internal
25             Revenue Code; and
26                  (U)  If  the taxpayer reports a capital gain or
27             loss on the taxpayer's federal income tax return for
28             the taxable year based on  a  sale  or  transfer  of
29             property  for which the taxpayer was required in any
30             taxable year to make an addition modification  under
31             subparagraph  (E-10),  then  an amount equal to that
32             addition modification.
33                  The taxpayer is allowed to take  the  deduction
34             under  this  subparagraph  only once with respect to
 
                            -77-     LRB093 05878 EFG 05971 b
 1             any one piece of property.
 2             (3)  Special rule.  For purposes  of  paragraph  (2)
 3        (A),  "gross  income"  in  the  case  of a life insurance
 4        company, for tax years ending on and after  December  31,
 5        1994,  shall  mean  the  gross  investment income for the
 6        taxable year.

 7        (c)  Trusts and estates.
 8             (1)  In general.  In the case of a trust or  estate,
 9        base  income  means  an  amount  equal  to the taxpayer's
10        taxable income  for  the  taxable  year  as  modified  by
11        paragraph (2).
12             (2)  Modifications.   Subject  to  the provisions of
13        paragraph  (3),  the  taxable  income  referred   to   in
14        paragraph (1) shall be modified by adding thereto the sum
15        of the following amounts:
16                  (A)  An  amount  equal  to  all amounts paid or
17             accrued to the taxpayer  as  interest  or  dividends
18             during  the taxable year to the extent excluded from
19             gross income in the computation of taxable income;
20                  (B)  In the case of (i) an estate, $600; (ii) a
21             trust which,  under  its  governing  instrument,  is
22             required  to distribute all of its income currently,
23             $300; and (iii) any other trust, $100, but  in  each
24             such  case,  only  to  the  extent  such  amount was
25             deducted in the computation of taxable income;
26                  (C)  An amount  equal  to  the  amount  of  tax
27             imposed  by  this  Act  to  the extent deducted from
28             gross income in the computation  of  taxable  income
29             for the taxable year;
30                  (D)  The  amount  of  any  net  operating  loss
31             deduction taken in arriving at taxable income, other
32             than  a  net  operating  loss carried forward from a
33             taxable year ending prior to December 31, 1986;
34                  (E)  For taxable years in which a net operating
 
                            -78-     LRB093 05878 EFG 05971 b
 1             loss carryback or carryforward from a  taxable  year
 2             ending  prior  to December 31, 1986 is an element of
 3             taxable income under paragraph (1) of subsection (e)
 4             or subparagraph (E) of paragraph (2)  of  subsection
 5             (e),  the  amount  by  which  addition modifications
 6             other than those provided by this  subparagraph  (E)
 7             exceeded  subtraction  modifications in such taxable
 8             year, with the following limitations applied in  the
 9             order that they are listed:
10                       (i)  the addition modification relating to
11                  the  net operating loss carried back or forward
12                  to the  taxable  year  from  any  taxable  year
13                  ending  prior  to  December  31,  1986 shall be
14                  reduced by the amount of addition  modification
15                  under  this  subparagraph  (E) which related to
16                  that net operating loss  and  which  was  taken
17                  into  account in calculating the base income of
18                  an earlier taxable year, and
19                       (ii)  the addition  modification  relating
20                  to  the  net  operating  loss  carried  back or
21                  forward to the taxable year  from  any  taxable
22                  year  ending  prior  to December 31, 1986 shall
23                  not exceed the  amount  of  such  carryback  or
24                  carryforward;
25                  For  taxable  years  in  which  there  is a net
26             operating loss carryback or carryforward  from  more
27             than one other taxable year ending prior to December
28             31, 1986, the addition modification provided in this
29             subparagraph  (E)  shall  be  the sum of the amounts
30             computed   independently   under    the    preceding
31             provisions  of  this  subparagraph (E) for each such
32             taxable year;
33                  (F)  For  taxable  years  ending  on  or  after
34             January 1, 1989, an amount equal to the tax deducted
 
                            -79-     LRB093 05878 EFG 05971 b
 1             pursuant to Section 164 of the Internal Revenue Code
 2             if the trust or estate is claiming the same tax  for
 3             purposes  of  the  Illinois foreign tax credit under
 4             Section 601 of this Act;
 5                  (G)  An amount  equal  to  the  amount  of  the
 6             capital  gain deduction allowable under the Internal
 7             Revenue Code, to  the  extent  deducted  from  gross
 8             income in the computation of taxable income;
 9                  (G-5)  For  taxable years ending after December
10             31,  1997,  an  amount   equal   to   any   eligible
11             remediation  costs that the trust or estate deducted
12             in computing adjusted gross income and for which the
13             trust or estate claims a credit under subsection (l)
14             of Section 201;
15                  (G-10)  For taxable years 2001 and  thereafter,
16             an  amount equal to the bonus depreciation deduction
17             (30%  of  the  adjusted  basis  of   the   qualified
18             property) taken on the taxpayer's federal income tax
19             return  for the taxable year under subsection (k) of
20             Section 168 of the Internal Revenue Code; and
21                  (G-11)  If the taxpayer reports a capital  gain
22             or  loss on the taxpayer's federal income tax return
23             for the taxable year based on a sale or transfer  of
24             property  for which the taxpayer was required in any
25             taxable year to make an addition modification  under
26             subparagraph  (G-10),  then  an  amount equal to the
27             aggregate amount of  the  deductions  taken  in  all
28             taxable years under subparagraph (R) with respect to
29             that property.;
30                  The  taxpayer  is required to make the addition
31             modification under this subparagraph only once  with
32             respect to any one piece of property;
33        and  by  deducting  from the total so obtained the sum of
34        the following amounts:
 
                            -80-     LRB093 05878 EFG 05971 b
 1                  (H)  An amount equal to all amounts included in
 2             such total pursuant to the  provisions  of  Sections
 3             402(a),  402(c),  403(a), 403(b), 406(a), 407(a) and
 4             408 of the Internal Revenue Code or included in such
 5             total as distributions under the provisions  of  any
 6             retirement  or  disability plan for employees of any
 7             governmental agency or unit, or retirement  payments
 8             to  retired partners, which payments are excluded in
 9             computing  net  earnings  from  self  employment  by
10             Section  1402  of  the  Internal  Revenue  Code  and
11             regulations adopted pursuant thereto;
12                  (I)  The valuation limitation amount;
13                  (J)  An amount equal to the amount of  any  tax
14             imposed  by  this  Act  which  was  refunded  to the
15             taxpayer and included in such total for the  taxable
16             year;
17                  (K)  An amount equal to all amounts included in
18             taxable  income  as  modified  by subparagraphs (A),
19             (B), (C), (D), (E), (F) and  (G)  which  are  exempt
20             from  taxation by this State either by reason of its
21             statutes  or  Constitution  or  by  reason  of   the
22             Constitution,  treaties  or  statutes  of the United
23             States; provided that, in the case of any statute of
24             this State that exempts income derived from bonds or
25             other obligations from the tax  imposed  under  this
26             Act,  the  amount exempted shall be the interest net
27             of bond premium amortization;
28                  (L)  With  the   exception   of   any   amounts
29             subtracted  under  subparagraph (K), an amount equal
30             to the sum of all amounts disallowed  as  deductions
31             by  (i)  Sections  171(a)  (2)  and 265(a)(2) of the
32             Internal Revenue Code, as now or hereafter  amended,
33             and  all  amounts  of expenses allocable to interest
34             and disallowed as deductions by  Section  265(1)  of
 
                            -81-     LRB093 05878 EFG 05971 b
 1             the  Internal  Revenue  Code  of  1954,  as  now  or
 2             hereafter amended; and (ii) for taxable years ending
 3             on  or  after  August  13, 1999, Sections 171(a)(2),
 4             265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
 5             Revenue Code; the provisions  of  this  subparagraph
 6             are exempt from the provisions of Section 250;
 7                  (M)  An   amount   equal   to  those  dividends
 8             included  in  such  total  which  were  paid  by   a
 9             corporation which conducts business operations in an
10             Enterprise  Zone or zones created under the Illinois
11             Enterprise Zone Act and conducts  substantially  all
12             of its operations in an Enterprise Zone or Zones;
13                  (N)  An  amount  equal to any contribution made
14             to a job training project  established  pursuant  to
15             the Tax Increment Allocation Redevelopment Act;
16                  (O)  An   amount   equal   to  those  dividends
17             included  in  such  total  that  were  paid   by   a
18             corporation  that  conducts business operations in a
19             federally designated Foreign Trade Zone or  Sub-Zone
20             and  that  is  designated  a  High  Impact  Business
21             located   in   Illinois;   provided  that  dividends
22             eligible for the deduction provided in  subparagraph
23             (M) of paragraph (2) of this subsection shall not be
24             eligible  for  the  deduction  provided  under  this
25             subparagraph (O);
26                  (P)  An  amount  equal  to  the  amount  of the
27             deduction used to compute  the  federal  income  tax
28             credit  for  restoration of substantial amounts held
29             under claim of right for the taxable  year  pursuant
30             to  Section  1341  of  the  Internal Revenue Code of
31             1986;
32                  (Q)  For taxable year 1999 and  thereafter,  an
33             amount equal to the amount of any (i) distributions,
34             to the extent includible in gross income for federal
 
                            -82-     LRB093 05878 EFG 05971 b
 1             income tax purposes, made to the taxpayer because of
 2             his  or  her  status  as a victim of persecution for
 3             racial or religious reasons by Nazi Germany  or  any
 4             other  Axis  regime  or as an heir of the victim and
 5             (ii) items of income, to the  extent  includible  in
 6             gross   income  for  federal  income  tax  purposes,
 7             attributable to, derived from or in any way  related
 8             to  assets  stolen  from,  hidden from, or otherwise
 9             lost to  a  victim  of  persecution  for  racial  or
10             religious  reasons by Nazi Germany or any other Axis
11             regime immediately prior to, during, and immediately
12             after World War II, including, but not  limited  to,
13             interest  on  the  proceeds  receivable as insurance
14             under policies issued to a victim of persecution for
15             racial or religious reasons by Nazi Germany  or  any
16             other  Axis  regime  by European insurance companies
17             immediately  prior  to  and  during  World  War  II;
18             provided, however,  this  subtraction  from  federal
19             adjusted  gross  income  does  not  apply  to assets
20             acquired with such assets or with the proceeds  from
21             the  sale  of  such  assets; provided, further, this
22             paragraph shall only apply to a taxpayer who was the
23             first recipient of such assets after their  recovery
24             and  who  is  a victim of  persecution for racial or
25             religious reasons by Nazi Germany or any other  Axis
26             regime  or  as an heir of the victim.  The amount of
27             and  the  eligibility  for  any  public  assistance,
28             benefit, or similar entitlement is not  affected  by
29             the   inclusion  of  items  (i)  and  (ii)  of  this
30             paragraph in gross income  for  federal  income  tax
31             purposes.   This   paragraph   is  exempt  from  the
32             provisions of Section 250;
33                  (R)  For taxable years 2001 and thereafter, for
34             the taxable year in  which  the  bonus  depreciation
 
                            -83-     LRB093 05878 EFG 05971 b
 1             deduction   (30%   of  the  adjusted  basis  of  the
 2             qualified  property)  is  taken  on  the  taxpayer's
 3             federal income tax return under  subsection  (k)  of
 4             Section  168  of  the  Internal Revenue Code and for
 5             each applicable taxable year thereafter,  an  amount
 6             equal to "x", where:
 7                       (1)  "y"   equals   the   amount   of  the
 8                  depreciation deduction taken  for  the  taxable
 9                  year  on  the  taxpayer's  federal  income  tax
10                  return   on   property   for  which  the  bonus
11                  depreciation deduction  (30%  of  the  adjusted
12                  basis  of  the qualified property) was taken in
13                  any year under subsection (k) of Section 168 of
14                  the Internal Revenue Code,  but  not  including
15                  the bonus depreciation deduction; and
16                       (2)  "x"  equals  "y" multiplied by 30 and
17                  then  divided  by  70  (or  "y"  multiplied  by
18                  0.429).
19                  The  aggregate  amount  deducted   under   this
20             subparagraph  in all taxable years for any one piece
21             of property may not exceed the amount of  the  bonus
22             depreciation deduction (30% of the adjusted basis of
23             the  qualified  property)  taken on that property on
24             the  taxpayer's  federal  income  tax  return  under
25             subsection  (k)  of  Section  168  of  the  Internal
26             Revenue Code; and
27                  (S)  If the taxpayer reports a capital gain  or
28             loss on the taxpayer's federal income tax return for
29             the  taxable  year  based  on  a sale or transfer of
30             property for which the taxpayer was required in  any
31             taxable  year to make an addition modification under
32             subparagraph (G-10), then an amount  equal  to  that
33             addition modification.
34                  The  taxpayer  is allowed to take the deduction
 
                            -84-     LRB093 05878 EFG 05971 b
 1             under this subparagraph only once  with  respect  to
 2             any one piece of property.
 3             (3)  Limitation.   The  amount  of  any modification
 4        otherwise required under  this  subsection  shall,  under
 5        regulations  prescribed by the Department, be adjusted by
 6        any amounts included therein which  were  properly  paid,
 7        credited,  or  required to be distributed, or permanently
 8        set aside for charitable purposes pursuant   to  Internal
 9        Revenue Code Section 642(c) during the taxable year.

10        (d)  Partnerships.
11             (1)  In  general. In the case of a partnership, base
12        income means an amount equal to  the  taxpayer's  taxable
13        income for the taxable year as modified by paragraph (2).
14             (2)  Modifications.  The  taxable income referred to
15        in paragraph (1) shall be modified by adding thereto  the
16        sum of the following amounts:
17                  (A)  An  amount  equal  to  all amounts paid or
18             accrued to the taxpayer  as  interest  or  dividends
19             during  the taxable year to the extent excluded from
20             gross income in the computation of taxable income;
21                  (B)  An amount  equal  to  the  amount  of  tax
22             imposed  by  this  Act  to  the extent deducted from
23             gross income for the taxable year;
24                  (C)  The amount of deductions  allowed  to  the
25             partnership  pursuant  to  Section  707  (c)  of the
26             Internal Revenue Code  in  calculating  its  taxable
27             income;
28                  (D)  An  amount  equal  to  the  amount  of the
29             capital gain deduction allowable under the  Internal
30             Revenue  Code,  to  the  extent  deducted from gross
31             income in the computation of taxable income;
32                  (D-5)  For taxable years 2001  and  thereafter,
33             an  amount equal to the bonus depreciation deduction
34             (30%  of  the  adjusted  basis  of   the   qualified
 
                            -85-     LRB093 05878 EFG 05971 b
 1             property) taken on the taxpayer's federal income tax
 2             return  for the taxable year under subsection (k) of
 3             Section 168 of the Internal Revenue Code; and
 4                  (D-6)  If the taxpayer reports a  capital  gain
 5             or  loss on the taxpayer's federal income tax return
 6             for the taxable year based on a sale or transfer  of
 7             property  for which the taxpayer was required in any
 8             taxable year to make an addition modification  under
 9             subparagraph  (D-5),  then  an  amount  equal to the
10             aggregate amount of  the  deductions  taken  in  all
11             taxable years under subparagraph (O) with respect to
12             that property.;
13                  The  taxpayer  is required to make the addition
14             modification under this subparagraph only once  with
15             respect to any one piece of property;
16        and by deducting from the total so obtained the following
17        amounts:
18                  (E)  The valuation limitation amount;
19                  (F)  An  amount  equal to the amount of any tax
20             imposed by  this  Act  which  was  refunded  to  the
21             taxpayer  and included in such total for the taxable
22             year;
23                  (G)  An amount equal to all amounts included in
24             taxable income as  modified  by  subparagraphs  (A),
25             (B),  (C)  and (D) which are exempt from taxation by
26             this State either  by  reason  of  its  statutes  or
27             Constitution  or  by  reason  of  the  Constitution,
28             treaties  or statutes of the United States; provided
29             that, in the case of any statute of this State  that
30             exempts   income   derived   from   bonds  or  other
31             obligations from the tax imposed under this Act, the
32             amount exempted shall be the interest  net  of  bond
33             premium amortization;
34                  (H)  Any   income   of  the  partnership  which
 
                            -86-     LRB093 05878 EFG 05971 b
 1             constitutes personal service income  as  defined  in
 2             Section  1348  (b)  (1) of the Internal Revenue Code
 3             (as in effect December 31,  1981)  or  a  reasonable
 4             allowance  for  compensation  paid  or  accrued  for
 5             services  rendered  by  partners to the partnership,
 6             whichever is greater;
 7                  (I)  An amount equal to all amounts  of  income
 8             distributable  to  an entity subject to the Personal
 9             Property  Tax  Replacement  Income  Tax  imposed  by
10             subsections (c) and (d) of Section 201 of  this  Act
11             including  amounts  distributable  to  organizations
12             exempt  from federal income tax by reason of Section
13             501(a) of the Internal Revenue Code;
14                  (J)  With  the   exception   of   any   amounts
15             subtracted  under  subparagraph (G), an amount equal
16             to the sum of all amounts disallowed  as  deductions
17             by  (i)  Sections  171(a)  (2),  and  265(2)  of the
18             Internal Revenue Code of 1954, as now  or  hereafter
19             amended,  and  all  amounts of expenses allocable to
20             interest and disallowed  as  deductions  by  Section
21             265(1)  of  the  Internal  Revenue  Code,  as now or
22             hereafter amended; and (ii) for taxable years ending
23             on or after August  13,  1999,  Sections  171(a)(2),
24             265,  280C,  and  832(b)(5)(B)(i)  of  the  Internal
25             Revenue  Code;  the  provisions of this subparagraph
26             are exempt from the provisions of Section 250;
27                  (K)  An  amount  equal   to   those   dividends
28             included   in  such  total  which  were  paid  by  a
29             corporation which conducts business operations in an
30             Enterprise Zone or zones created under the  Illinois
31             Enterprise  Zone  Act,  enacted  by the 82nd General
32             Assembly, and  conducts  substantially  all  of  its
33             operations in an Enterprise Zone or Zones;
34                  (L)  An  amount  equal to any contribution made
 
                            -87-     LRB093 05878 EFG 05971 b
 1             to a job training project  established  pursuant  to
 2             the   Real   Property   Tax   Increment   Allocation
 3             Redevelopment Act;
 4                  (M)  An   amount   equal   to  those  dividends
 5             included  in  such  total  that  were  paid   by   a
 6             corporation  that  conducts business operations in a
 7             federally designated Foreign Trade Zone or  Sub-Zone
 8             and  that  is  designated  a  High  Impact  Business
 9             located   in   Illinois;   provided  that  dividends
10             eligible for the deduction provided in  subparagraph
11             (K) of paragraph (2) of this subsection shall not be
12             eligible  for  the  deduction  provided  under  this
13             subparagraph (M);
14                  (N)  An  amount  equal  to  the  amount  of the
15             deduction used to compute  the  federal  income  tax
16             credit  for  restoration of substantial amounts held
17             under claim of right for the taxable  year  pursuant
18             to  Section  1341  of  the  Internal Revenue Code of
19             1986;
20                  (O)  For taxable years 2001 and thereafter, for
21             the taxable year in  which  the  bonus  depreciation
22             deduction   (30%   of  the  adjusted  basis  of  the
23             qualified  property)  is  taken  on  the  taxpayer's
24             federal income tax return under  subsection  (k)  of
25             Section  168  of  the  Internal Revenue Code and for
26             each applicable taxable year thereafter,  an  amount
27             equal to "x", where:
28                       (1)  "y"   equals   the   amount   of  the
29                  depreciation deduction taken  for  the  taxable
30                  year  on  the  taxpayer's  federal  income  tax
31                  return   on   property   for  which  the  bonus
32                  depreciation deduction  (30%  of  the  adjusted
33                  basis  of  the qualified property) was taken in
34                  any year under subsection (k) of Section 168 of
 
                            -88-     LRB093 05878 EFG 05971 b
 1                  the Internal Revenue Code,  but  not  including
 2                  the bonus depreciation deduction; and
 3                       (2)  "x"  equals  "y" multiplied by 30 and
 4                  then  divided  by  70  (or  "y"  multiplied  by
 5                  0.429).
 6                  The  aggregate  amount  deducted   under   this
 7             subparagraph  in all taxable years for any one piece
 8             of property may not exceed the amount of  the  bonus
 9             depreciation deduction (30% of the adjusted basis of
10             the  qualified  property)  taken on that property on
11             the  taxpayer's  federal  income  tax  return  under
12             subsection  (k)  of  Section  168  of  the  Internal
13             Revenue Code; and
14                  (P)  If the taxpayer reports a capital gain  or
15             loss on the taxpayer's federal income tax return for
16             the  taxable  year  based  on  a sale or transfer of
17             property for which the taxpayer was required in  any
18             taxable  year to make an addition modification under
19             subparagraph (D-5), then an  amount  equal  to  that
20             addition modification.
21                  The  taxpayer  is allowed to take the deduction
22             under this subparagraph only once  with  respect  to
23             any one piece of property.

24        (e)  Gross income; adjusted gross income; taxable income.
25             (1)  In  general.   Subject  to  the  provisions  of
26        paragraph  (2)  and  subsection  (b) (3), for purposes of
27        this Section  and  Section  803(e),  a  taxpayer's  gross
28        income,  adjusted gross income, or taxable income for the
29        taxable year shall  mean  the  amount  of  gross  income,
30        adjusted   gross   income   or  taxable  income  properly
31        reportable  for  federal  income  tax  purposes  for  the
32        taxable year under the provisions of the Internal Revenue
33        Code. Taxable income may be less than zero. However,  for
34        taxable  years  ending on or after December 31, 1986, net
 
                            -89-     LRB093 05878 EFG 05971 b
 1        operating loss carryforwards from  taxable  years  ending
 2        prior  to  December  31,  1986, may not exceed the sum of
 3        federal taxable income for the taxable  year  before  net
 4        operating  loss  deduction,  plus  the excess of addition
 5        modifications  over  subtraction  modifications  for  the
 6        taxable year.  For taxable years ending prior to December
 7        31, 1986, taxable income may never be an amount in excess
 8        of the net operating loss for the taxable year as defined
 9        in subsections (c) and (d) of Section 172 of the Internal
10        Revenue Code, provided that  when  taxable  income  of  a
11        corporation  (other  than  a  Subchapter  S corporation),
12        trust,  or  estate  is  less  than  zero   and   addition
13        modifications,  other than those provided by subparagraph
14        (E) of paragraph (2) of subsection (b)  for  corporations
15        or  subparagraph  (E)  of paragraph (2) of subsection (c)
16        for trusts and estates, exceed subtraction modifications,
17        an  addition  modification  must  be  made  under   those
18        subparagraphs  for  any  other  taxable year to which the
19        taxable income less than zero  (net  operating  loss)  is
20        applied under Section 172 of the Internal Revenue Code or
21        under   subparagraph   (E)   of  paragraph  (2)  of  this
22        subsection (e) applied in conjunction with Section 172 of
23        the Internal Revenue Code.
24             (2)  Special rule.  For purposes of paragraph (1) of
25        this subsection, the taxable income  properly  reportable
26        for federal income tax purposes shall mean:
27                  (A)  Certain  life insurance companies.  In the
28             case of a life insurance company subject to the  tax
29             imposed by Section 801 of the Internal Revenue Code,
30             life  insurance  company  taxable  income,  plus the
31             amount of distribution  from  pre-1984  policyholder
32             surplus accounts as calculated under Section 815a of
33             the Internal Revenue Code;
34                  (B)  Certain other insurance companies.  In the
 
                            -90-     LRB093 05878 EFG 05971 b
 1             case  of  mutual  insurance companies subject to the
 2             tax imposed by Section 831 of the  Internal  Revenue
 3             Code, insurance company taxable income;
 4                  (C)  Regulated  investment  companies.   In the
 5             case of a regulated investment  company  subject  to
 6             the  tax  imposed  by  Section  852  of the Internal
 7             Revenue Code, investment company taxable income;
 8                  (D)  Real estate  investment  trusts.   In  the
 9             case  of  a  real estate investment trust subject to
10             the tax imposed  by  Section  857  of  the  Internal
11             Revenue  Code,  real estate investment trust taxable
12             income;
13                  (E)  Consolidated corporations.  In the case of
14             a corporation which is a  member  of  an  affiliated
15             group  of  corporations filing a consolidated income
16             tax return for the taxable year for  federal  income
17             tax  purposes,  taxable income determined as if such
18             corporation had filed a separate return for  federal
19             income  tax  purposes  for the taxable year and each
20             preceding taxable year for which it was a member  of
21             an   affiliated   group.   For   purposes   of  this
22             subparagraph, the taxpayer's separate taxable income
23             shall be determined as if the election  provided  by
24             Section  243(b) (2) of the Internal Revenue Code had
25             been in effect for all such years;
26                  (F)  Cooperatives.    In   the   case   of    a
27             cooperative  corporation or association, the taxable
28             income of such organization determined in accordance
29             with the provisions of Section 1381 through 1388  of
30             the Internal Revenue Code;
31                  (G)  Subchapter  S  corporations.   In the case
32             of: (i) a Subchapter S corporation for  which  there
33             is  in effect an election for the taxable year under
34             Section 1362  of  the  Internal  Revenue  Code,  the
 
                            -91-     LRB093 05878 EFG 05971 b
 1             taxable  income  of  such  corporation determined in
 2             accordance with  Section  1363(b)  of  the  Internal
 3             Revenue  Code, except that taxable income shall take
 4             into account  those  items  which  are  required  by
 5             Section  1363(b)(1)  of the Internal Revenue Code to
 6             be  separately  stated;  and  (ii)  a  Subchapter  S
 7             corporation for which there is in effect  a  federal
 8             election  to  opt  out  of  the  provisions  of  the
 9             Subchapter  S  Revision Act of 1982 and have applied
10             instead the prior federal Subchapter S rules  as  in
11             effect  on  July 1, 1982, the taxable income of such
12             corporation  determined  in  accordance   with   the
13             federal  Subchapter  S rules as in effect on July 1,
14             1982; and
15                  (H)  Partnerships.    In   the   case   of    a
16             partnership, taxable income determined in accordance
17             with  Section  703  of  the  Internal  Revenue Code,
18             except that taxable income shall take  into  account
19             those  items which are required by Section 703(a)(1)
20             to be separately stated but  which  would  be  taken
21             into  account  by  an  individual in calculating his
22             taxable income.

23        (f)  Valuation limitation amount.
24             (1)  In general.  The  valuation  limitation  amount
25        referred  to  in subsections (a) (2) (G), (c) (2) (I) and
26        (d)(2) (E) is an amount equal to:
27                  (A)  The  sum  of  the   pre-August   1,   1969
28             appreciation  amounts  (to  the extent consisting of
29             gain reportable under the provisions of Section 1245
30             or 1250  of  the  Internal  Revenue  Code)  for  all
31             property  in respect of which such gain was reported
32             for the taxable year; plus
33                  (B)  The  lesser  of  (i)  the   sum   of   the
34             pre-August  1,  1969  appreciation  amounts  (to the
 
                            -92-     LRB093 05878 EFG 05971 b
 1             extent consisting of capital gain) for all  property
 2             in  respect  of  which  such  gain  was reported for
 3             federal income tax purposes for the taxable year, or
 4             (ii) the net capital  gain  for  the  taxable  year,
 5             reduced  in  either  case by any amount of such gain
 6             included in the amount determined  under  subsection
 7             (a) (2) (F) or (c) (2) (H).
 8             (2)  Pre-August 1, 1969 appreciation amount.
 9                  (A)  If  the  fair  market  value  of  property
10             referred   to   in   paragraph   (1)   was   readily
11             ascertainable  on  August 1, 1969, the pre-August 1,
12             1969 appreciation amount for such  property  is  the
13             lesser  of  (i) the excess of such fair market value
14             over the taxpayer's basis (for determining gain) for
15             such property on that  date  (determined  under  the
16             Internal Revenue Code as in effect on that date), or
17             (ii)  the  total  gain  realized  and reportable for
18             federal income tax purposes in respect of the  sale,
19             exchange or other disposition of such property.
20                  (B)  If  the  fair  market  value  of  property
21             referred   to  in  paragraph  (1)  was  not  readily
22             ascertainable on August 1, 1969, the  pre-August  1,
23             1969  appreciation  amount for such property is that
24             amount which bears the same ratio to the total  gain
25             reported  in  respect  of  the  property for federal
26             income tax purposes for the  taxable  year,  as  the
27             number  of  full calendar months in that part of the
28             taxpayer's holding period for  the  property  ending
29             July  31,  1969 bears to the number of full calendar
30             months in the taxpayer's entire holding  period  for
31             the property.
32                  (C)  The   Department   shall   prescribe  such
33             regulations as may be necessary  to  carry  out  the
34             purposes of this paragraph.
 
                            -93-     LRB093 05878 EFG 05971 b
 1        (g)  Double  deductions.   Unless  specifically  provided
 2    otherwise, nothing in this Section shall permit the same item
 3    to be deducted more than once.

 4        (h)  Legislative intention.  Except as expressly provided
 5    by   this   Section   there  shall  be  no  modifications  or
 6    limitations on the amounts of income, gain, loss or deduction
 7    taken into account  in  determining  gross  income,  adjusted
 8    gross  income  or  taxable  income  for  federal  income  tax
 9    purposes for the taxable year, or in the amount of such items
10    entering  into  the computation of base income and net income
11    under this Act for such taxable year, whether in  respect  of
12    property values as of August 1, 1969 or otherwise.
13    (Source:  P.A.  91-192,  eff.  7-20-99; 91-205, eff. 7-20-99;
14    91-357, eff. 7-29-99;  91-541,  eff.  8-13-99;  91-676,  eff.
15    12-23-99;  91-845,  eff. 6-22-00; 91-913, eff. 1-1-01; 92-16,
16    eff. 6-28-01; 92-244,  eff.  8-3-01;  92-439,  eff.  8-17-01;
17    92-603,  eff.  6-28-02;  92-626,  eff.  7-11-02; 92-651, eff.
18    7-11-02; 92-846, eff. 8-23-02; revised 11-15-02.)

19        (35 ILCS 5/509) (from Ch. 120, par. 5-509)
20        Sec. 509.  Tax  checkoff  explanations.   All  individual
21    income   tax   return   forms   shall   contain   appropriate
22    explanations  and spaces to enable the taxpayers to designate
23    contributions to  the  following  funds:    the  Child  Abuse
24    Prevention  Fund,  to the Illinois Wildlife Preservation Fund
25    (as required by the  Illinois  Non-Game  Wildlife  Protection
26    Act),  to  the Alzheimer's Disease Research Fund (as required
27    by the Alzheimer's Disease Research Act), to  the  Assistance
28    to  the Homeless Fund (as required by this Act), to the Penny
29    Severns Breast and Cervical  Cancer  Research  Fund,  to  the
30    National  World  War II Memorial Fund, to the Prostate Cancer
31    Research Fund, to the Illinois Military Family  Relief  Fund,
32    and the Multiple Sclerosis Assistance Fund, and to the Korean
33    War Veterans National Museum and Library Fund.
 
                            -94-     LRB093 05878 EFG 05971 b
 1        Each   form   shall   contain   a   statement   that  the
 2    contributions will reduce the taxpayer's refund  or  increase
 3    the  amount  of  payment to accompany the return.  Failure to
 4    remit any  amount  of  increased  payment  shall  reduce  the
 5    contribution accordingly.
 6        If,  on October 1 of any year, the total contributions to
 7    any one of the funds made under this  Section  do  not  equal
 8    $100,000 or more, the explanations and spaces for designating
 9    contributions   to   the  fund  shall  be  removed  from  the
10    individual income tax return forms for the following and  all
11    subsequent years and all subsequent contributions to the fund
12    shall be refunded to the taxpayer.
13    (Source: P.A.  91-104,  eff.  7-13-99;  91-107, eff. 7-13-99;
14    91-357, eff.  7-29-99;  91-833,  eff.  1-1-01;  91-836,  eff.
15    1-1-01; 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, eff.
16    7-11-02;  92-772,  eff.  8-6-02; 92-886, eff. 2-7-03; revised
17    2-17-03.)

18        (35 ILCS 5/510) (from Ch. 120, par. 5-510)
19        Sec. 510.  Determination  of  amounts  contributed.   The
20    Department  shall  determine  the total amount contributed to
21    each of the following: the Child Abuse Prevention  Fund,  the
22    Illinois  Wildlife  Preservation  Fund, the Assistance to the
23    Homeless Fund, the Alzheimer's  Disease  Research  Fund,  the
24    Penny  Severns  Breast and Cervical Cancer Research Fund, the
25    National World War II  Memorial  Fund,  the  Prostate  Cancer
26    Research  Fund,  to the Illinois Military Family Relief Fund,
27    and the Multiple Sclerosis Assistance Fund,  and  the  Korean
28    War  Veterans  National  Museum  and  Library Fund; and shall
29    notify the State Comptroller and the State Treasurer  of  the
30    amounts  to  be  transferred from the General Revenue Fund to
31    each fund, and upon receipt of such  notification  the  State
32    Treasurer and Comptroller shall transfer the amounts.
33    (Source: P.A.  91-104,  eff.  7-13-99;  91-107, eff. 7-13-99;
 
                            -95-     LRB093 05878 EFG 05971 b
 1    91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-84, eff. 7-1-02;
 2    92-198, eff.  8-1-01;  92-651,  eff.  7-11-02;  92-772,  eff.
 3    8-6-02; 92-886, eff. 2-7-03; revised 2-17-03.)

 4        Section 17.  The Service Occupation Tax Act is amended by
 5    changing Section 2 as follows:

 6        (35 ILCS 115/2) (from Ch. 120, par. 439.102)
 7        Sec.  2.  "Transfer"  means  any transfer of the title to
 8    property or of the ownership of property whether or  not  the
 9    transferor  retains  title  as  security  for  the payment of
10    amounts due him from the transferee.
11        "Cost  Price"  means  the  consideration  paid   by   the
12    serviceman  for  a  purchase valued in money, whether paid in
13    money or otherwise, including cash, credits and services, and
14    shall be determined without any deduction on account  of  the
15    supplier's  cost  of  the  property sold or on account of any
16    other expense incurred by the  supplier.  When  a  serviceman
17    contracts  out  part  or  all of the services required in his
18    sale of service, it shall be presumed that the cost price  to
19    the  serviceman  of the property transferred to him by his or
20    her subcontractor is equal  to  50%  of  the  subcontractor's
21    charges  to  the  serviceman  in  the absence of proof of the
22    consideration paid by the subcontractor for the  purchase  of
23    such property.
24        "Department" means the Department of Revenue.
25        "Person" means any natural individual, firm, partnership,
26    association,  joint  stock  company, joint venture, public or
27    private  corporation,  limited  liability  company,  and  any
28    receiver, executor, trustee, guardian or other representative
29    appointed by order of any court.
30        "Sale of Service" means any transaction except:
31        (a)  A retail sale of tangible personal property  taxable
32    under  the Retailers' Occupation Tax Act or under the Use Tax
 
                            -96-     LRB093 05878 EFG 05971 b
 1    Act.
 2        (b)  A sale of tangible personal property for the purpose
 3    of  resale  made  in  compliance  with  Section  2c  of   the
 4    Retailers' Occupation Tax Act.
 5        (c)  Except  as  hereinafter provided, a sale or transfer
 6    of tangible personal property as an incident to the rendering
 7    of service for or by any governmental body or for or  by  any
 8    corporation,  society, association, foundation or institution
 9    organized and operated exclusively for charitable,  religious
10    or  educational  purposes  or any not-for-profit corporation,
11    society, association, foundation, institution or organization
12    which has no compensated officers or employees and  which  is
13    organized  and  operated  primarily  for  the  recreation  of
14    persons 55 years of age or older. A limited liability company
15    may  qualify  for  the exemption under this paragraph only if
16    the limited  liability  company  is  organized  and  operated
17    exclusively for educational purposes.
18        (d)  A  sale or transfer of tangible personal property as
19    an incident  to  the  rendering  of  service  for  interstate
20    carriers  for  hire  for  use  as  rolling  stock  moving  in
21    interstate  commerce  or  lessors under leases of one year or
22    longer, executed or in effect at the  time  of  purchase,  to
23    interstate  carriers for hire for use as rolling stock moving
24    in  interstate  commerce,  and  equipment   operated   by   a
25    telecommunications  provider, licensed as a common carrier by
26    the Federal Communications Commission, which  is  permanently
27    installed  in  or  affixed  to  aircraft moving in interstate
28    commerce.
29        (d-1)  A sale or transfer of tangible  personal  property
30    as  an  incident  to  the  rendering  of  service for owners,
31    lessors or shippers of tangible personal  property  which  is
32    utilized  by  interstate carriers for hire for use as rolling
33    stock moving in interstate commerce, and  equipment  operated
34    by  a  telecommunications  provider,  licensed  as  a  common
 
                            -97-     LRB093 05878 EFG 05971 b
 1    carrier  by  the  Federal Communications Commission, which is
 2    permanently installed in or affixed  to  aircraft  moving  in
 3    interstate commerce.
 4        (d-2)  The repairing, reconditioning or remodeling, for a
 5    common  carrier  by rail, of tangible personal property which
 6    belongs to such carrier  for  hire,  and  as  to  which  such
 7    carrier  receives  the  physical  possession of the repaired,
 8    reconditioned or remodeled item of tangible personal property
 9    in Illinois, and which such  carrier  transports,  or  shares
10    with  another  common  carrier  in the transportation of such
11    property, out of Illinois  on  a  standard  uniform  bill  of
12    lading  showing  the  person  who  repaired, reconditioned or
13    remodeled the property as the shipper or  consignor  of  such
14    property  to  a destination outside Illinois, for use outside
15    Illinois.
16        (d-3)  A sale or transfer of tangible  personal  property
17    which  is  produced by the seller thereof on special order in
18    such a way as to have made the  applicable  tax  the  Service
19    Occupation  Tax  or  the  Service  Use  Tax,  rather than the
20    Retailers' Occupation Tax or the Use Tax, for  an  interstate
21    carrier  by  rail  which  receives the physical possession of
22    such  property  in  Illinois,  and  which   transports   such
23    property,  or  shares  with  another  common  carrier  in the
24    transportation  of  such  property,  out  of  Illinois  on  a
25    standard uniform bill of lading showing  the  seller  of  the
26    property  as  the  shipper or consignor of such property to a
27    destination outside Illinois, for use outside Illinois.
28        (d-4)  Until January 1, 1997, a  sale,  by  a  registered
29    serviceman  paying  tax  under this Act to the Department, of
30    special order printed materials  delivered  outside  Illinois
31    and which are not returned to this State, if delivery is made
32    by  the seller or agent of the seller, including an agent who
33    causes the product to be  delivered  outside  Illinois  by  a
34    common carrier or the U.S. postal service.
 
                            -98-     LRB093 05878 EFG 05971 b
 1        (e)  A  sale  or transfer of machinery and equipment used
 2    primarily in the process of the manufacturing or  assembling,
 3    either  in  an  existing,  an expanded or a new manufacturing
 4    facility, of tangible  personal  property  for  wholesale  or
 5    retail  sale  or  lease,  whether  such sale or lease is made
 6    directly by the manufacturer or by some other person, whether
 7    the  materials  used  in  the  process  are  owned   by   the
 8    manufacturer  or  some  other person, or whether such sale or
 9    lease is made apart from or as an incident  to  the  seller's
10    engaging  in a service occupation and the applicable tax is a
11    Service Occupation  Tax  or  Service  Use  Tax,  rather  than
12    Retailers' Occupation Tax or Use Tax.
13        (f)  The  sale  or transfer of distillation machinery and
14    equipment, sold as a unit or kit and assembled  or  installed
15    by  the  retailer, which machinery and equipment is certified
16    by the user to be used  only  for  the  production  of  ethyl
17    alcohol that will be used for consumption as motor fuel or as
18    a  component  of motor fuel for the personal use of such user
19    and not subject to sale or resale.
20        (g)  At the election of any serviceman not required to be
21    otherwise registered as a retailer under Section  2a  of  the
22    Retailers'  Occupation  Tax  Act,  made  for each fiscal year
23    sales of service in which the aggregate annual cost price  of
24    tangible  personal property transferred as an incident to the
25    sales of service is  less  than  35%  (75%  in  the  case  of
26    servicemen  transferring  prescription  drugs  or  servicemen
27    engaged  in  graphic arts production) of the aggregate annual
28    total gross receipts from all sales of service. The  purchase
29    of such tangible personal property by the serviceman shall be
30    subject  to  tax  under the Retailers' Occupation Tax Act and
31    the Use Tax Act. However, if a  primary  serviceman  who  has
32    made  the  election  described in this paragraph subcontracts
33    service work to a secondary serviceman who has also made  the
34    election  described in this paragraph, the primary serviceman
 
                            -99-     LRB093 05878 EFG 05971 b
 1    does  not  incur  a  Use  Tax  liability  if  the   secondary
 2    serviceman  (i)  has  paid  or will pay Use Tax on his or her
 3    cost price of any tangible personal property  transferred  to
 4    the  primary  serviceman  and  (ii)  certifies  that  fact in
 5    writing to the primary serviceman.
 6        Tangible personal property transferred  incident  to  the
 7    completion  of a maintenance agreement is exempt from the tax
 8    imposed pursuant to this Act.
 9        Exemption (e) also includes machinery and equipment  used
10    in the general maintenance or repair of such exempt machinery
11    and equipment or for in-house manufacture of exempt machinery
12    and  equipment.    For the purposes of exemption (e), each of
13    these  terms  shall  have  the   following   meanings:    (1)
14    "manufacturing  process"  shall  mean  the  production of any
15    article of tangible personal property, whether  such  article
16    is a finished product or an article for use in the process of
17    manufacturing  or  assembling a different article of tangible
18    personal  property,  by  procedures  commonly   regarded   as
19    manufacturing,  processing,  fabricating,  or  refining which
20    changes some existing material or materials into  a  material
21    with  a  different  form,  use  or  name.   In  relation to a
22    recognized  integrated  business  composed  of  a  series  of
23    operations which collectively  constitute  manufacturing,  or
24    individually   constitute   manufacturing   operations,   the
25    manufacturing  process  shall  be deemed to commence with the
26    first operation or stage of production  in  the  series,  and
27    shall  not be deemed to end until the completion of the final
28    product in the last operation or stage of production  in  the
29    series;   and   further   for   purposes  of  exemption  (e),
30    photoprocessing is deemed to be a  manufacturing  process  of
31    tangible  personal property for wholesale or retail sale; (2)
32    "assembling process" shall mean the production of any article
33    of tangible personal property,  whether  such  article  is  a
34    finished  product  or  an  article  for use in the process of
 
                            -100-    LRB093 05878 EFG 05971 b
 1    manufacturing or assembling a different article  of  tangible
 2    personal  property,  by the combination of existing materials
 3    in a manner commonly regarded as assembling which results  in
 4    a  material of a different form, use or name; (3) "machinery"
 5    shall mean major mechanical machines or major  components  of
 6    such  machines  contributing to a manufacturing or assembling
 7    process; and (4) "equipment" shall  include  any  independent
 8    device  or  tool separate from any machinery but essential to
 9    an integrated manufacturing or  assembly  process;  including
10    computers  used primarily in a manufacturer's manufacuturer's
11    computer assisted  design,  computer  assisted  manufacturing
12    (CAD/CAM)  system;  or  any  subunit or assembly comprising a
13    component  of  any  machinery  or   auxiliary,   adjunct   or
14    attachment  parts  of  machinery,  such as tools, dies, jigs,
15    fixtures, patterns and molds;  or  any  parts  which  require
16    periodic  replacement  in the course of normal operation; but
17    shall not include hand tools.  Equipment  includes  chemicals
18    or chemicals acting as catalysts but only if the chemicals or
19    chemicals  acting  as catalysts effect a direct and immediate
20    change upon a product being  manufactured  or  assembled  for
21    wholesale  or  retail  sale  or lease.  The purchaser of such
22    machinery and equipment who has an active resale registration
23    number shall furnish such number to the seller at the time of
24    purchase.  The purchaser of such machinery and equipment  and
25    tools  without  an  active  resale  registration number shall
26    furnish to the seller a certificate  of  exemption  for  each
27    transaction stating facts establishing the exemption for that
28    transaction,  which  certificate  shall  be  available to the
29    Department for inspection or audit.
30        The rolling stock exemption applies to rolling stock used
31    by an interstate carrier for hire, even just  between  points
32    in  Illinois,  if  such  rolling  stock transports, for hire,
33    persons whose journeys or property whose shipments  originate
34    or terminate outside Illinois.
 
                            -101-    LRB093 05878 EFG 05971 b
 1        Any  informal  rulings, opinions or letters issued by the
 2    Department in response to  an  inquiry  or  request  for  any
 3    opinion   from   any   person   regarding  the  coverage  and
 4    applicability of exemption (e) to specific devices  shall  be
 5    published,  maintained as a public record, and made available
 6    for public inspection and copying.  If the  informal  ruling,
 7    opinion   or   letter   contains   trade   secrets  or  other
 8    confidential information, where possible the Department shall
 9    delete such information prior to publication.  Whenever  such
10    informal  rulings, opinions, or letters contain any policy of
11    general applicability, the  Department  shall  formulate  and
12    adopt such policy as a rule in accordance with the provisions
13    of the Illinois Administrative Procedure Act.
14        On  and  after July 1, 1987, no entity otherwise eligible
15    under exemption (c) of  this  Section  shall  make  tax  free
16    purchases  unless  it  has an active exemption identification
17    number issued by the Department.
18        "Serviceman" means any  person  who  is  engaged  in  the
19    occupation of making sales of service.
20        "Sale at Retail" means "sale at retail" as defined in the
21    Retailers' Occupation Tax Act.
22        "Supplier"  means  any person who makes sales of tangible
23    personal property to servicemen for the purpose of resale  as
24    an incident to a sale of service.
25    (Source: P.A.  91-51,  eff.  6-30-99;  92-484,  eff. 8-23-01;
26    revised 11-22-02.)

27        Section 18.  The Retailers' Occupation Tax Act is amended
28    by changing Section 2-5 as follows:

29        (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
30        Sec. 2-5.  Exemptions.  Gross receipts from proceeds from
31    the sale of the  following  tangible  personal  property  are
32    exempt from the tax imposed by this Act:
 
                            -102-    LRB093 05878 EFG 05971 b
 1        (1)  Farm chemicals.
 2        (2)  Farm  machinery  and  equipment,  both new and used,
 3    including that manufactured on special  order,  certified  by
 4    the purchaser to be used primarily for production agriculture
 5    or   State   or   federal  agricultural  programs,  including
 6    individual replacement parts for the machinery and equipment,
 7    including machinery and equipment purchased  for  lease,  and
 8    including implements of husbandry defined in Section 1-130 of
 9    the  Illinois  Vehicle  Code, farm machinery and agricultural
10    chemical and fertilizer spreaders, and nurse wagons  required
11    to  be registered under Section 3-809 of the Illinois Vehicle
12    Code, but excluding  other  motor  vehicles  required  to  be
13    registered  under  the  Illinois  Vehicle Code. Horticultural
14    polyhouses or hoop houses used for propagating,  growing,  or
15    overwintering  plants  shall be considered farm machinery and
16    equipment under this item (2). Agricultural  chemical  tender
17    tanks  and dry boxes shall include units sold separately from
18    a motor vehicle  required  to  be  licensed  and  units  sold
19    mounted  on  a  motor vehicle required to be licensed, if the
20    selling price of the tender is separately stated.
21        Farm machinery  and  equipment  shall  include  precision
22    farming  equipment  that  is  installed  or  purchased  to be
23    installed on farm machinery and equipment including, but  not
24    limited   to,   tractors,   harvesters,  sprayers,  planters,
25    seeders, or spreaders. Precision farming equipment  includes,
26    but  is  not  limited  to,  soil  testing sensors, computers,
27    monitors, software, global positioning and  mapping  systems,
28    and other such equipment.
29        Farm  machinery  and  equipment  also includes computers,
30    sensors, software, and related equipment  used  primarily  in
31    the  computer-assisted  operation  of  production agriculture
32    facilities,  equipment,  and  activities  such  as,  but  not
33    limited to, the collection, monitoring,  and  correlation  of
34    animal  and  crop  data for the purpose of formulating animal
 
                            -103-    LRB093 05878 EFG 05971 b
 1    diets and agricultural chemicals.  This item  (7)  is  exempt
 2    from the provisions of Section 2-70.
 3        (3)  Distillation machinery and equipment, sold as a unit
 4    or  kit, assembled or installed by the retailer, certified by
 5    the user to be used only for the production of ethyl  alcohol
 6    that  will  be  used  for  consumption  as motor fuel or as a
 7    component of motor fuel for the personal use of the user, and
 8    not subject to sale or resale.
 9        (4)  Graphic  arts  machinery  and  equipment,  including
10    repair  and  replacement  parts,  both  new  and  used,   and
11    including that manufactured on special order or purchased for
12    lease,  certified  by  the purchaser to be used primarily for
13    graphic arts  production.  Equipment  includes  chemicals  or
14    chemicals  acting  as  catalysts but only if the chemicals or
15    chemicals acting as catalysts effect a direct  and  immediate
16    change upon a graphic arts product.
17        (5)  A  motor  vehicle  of  the  first  division, a motor
18    vehicle of the second division that is a self-contained motor
19    vehicle designed or permanently converted to  provide  living
20    quarters  for  recreational,  camping,  or  travel  use, with
21    direct walk through access to the living  quarters  from  the
22    driver's seat, or a motor vehicle of the second division that
23    is  of  the van configuration designed for the transportation
24    of not less than 7 nor more than 16 passengers, as defined in
25    Section 1-146 of the Illinois Vehicle Code, that is used  for
26    automobile  renting,  as  defined  in  the Automobile Renting
27    Occupation and Use Tax Act.
28        (6)  Personal  property  sold  by   a   teacher-sponsored
29    student   organization   affiliated  with  an  elementary  or
30    secondary school located in Illinois.
31        (7)  Proceeds of that portion of the selling price  of  a
32    passenger car the sale of which is subject to the Replacement
33    Vehicle Tax.
34        (8)  Personal  property  sold  to an Illinois county fair
 
                            -104-    LRB093 05878 EFG 05971 b
 1    association for use in conducting,  operating,  or  promoting
 2    the county fair.
 3        (9)  Personal  property  sold to a not-for-profit arts or
 4    cultural organization that establishes, by proof required  by
 5    the  Department  by  rule,  that it has received an exemption
 6    under Section 501(c)(3) of the Internal Revenue Code and that
 7    is organized and operated primarily for the  presentation  or
 8    support  of  arts  or  cultural  programming,  activities, or
 9    services.  These organizations include, but are  not  limited
10    to,  music  and  dramatic arts organizations such as symphony
11    orchestras and theatrical groups, arts and  cultural  service
12    organizations,    local    arts    councils,    visual   arts
13    organizations, and media arts organizations. On and after the
14    effective date of this amendatory Act  of  the  92nd  General
15    Assembly,  however,  an  entity  otherwise  eligible for this
16    exemption shall not make tax-free purchases unless it has  an
17    active identification number issued by the Department.
18        (10)  Personal  property  sold by a corporation, society,
19    association, foundation, institution, or organization,  other
20    than  a  limited  liability  company,  that  is organized and
21    operated as  a  not-for-profit  service  enterprise  for  the
22    benefit  of  persons 65 years of age or older if the personal
23    property was not purchased by the enterprise for the  purpose
24    of resale by the enterprise.
25        (11)  Personal property sold to a governmental body, to a
26    corporation, society, association, foundation, or institution
27    organized and operated exclusively for charitable, religious,
28    or  educational purposes, or to a not-for-profit corporation,
29    society,    association,    foundation,    institution,    or
30    organization that has no compensated  officers  or  employees
31    and   that  is  organized  and  operated  primarily  for  the
32    recreation of persons 55 years of age  or  older.  A  limited
33    liability  company  may  qualify for the exemption under this
34    paragraph only if the limited liability company is  organized
 
                            -105-    LRB093 05878 EFG 05971 b
 1    and  operated  exclusively  for  educational purposes. On and
 2    after July 1, 1987, however, no entity otherwise eligible for
 3    this exemption shall make tax-free purchases unless it has an
 4    active identification number issued by the Department.
 5        (12)  Personal property sold to interstate  carriers  for
 6    hire  for  use as rolling stock moving in interstate commerce
 7    or to lessors under leases of one year or longer executed  or
 8    in  effect at the time of purchase by interstate carriers for
 9    hire for use as rolling stock moving in  interstate  commerce
10    and  equipment  operated  by  a  telecommunications provider,
11    licensed as a common carrier by  the  Federal  Communications
12    Commission,  which  is permanently installed in or affixed to
13    aircraft moving in interstate commerce.
14        (13)  Proceeds from sales to owners, lessors, or shippers
15    of tangible personal property that is utilized by  interstate
16    carriers  for  hire  for  use  as  rolling  stock  moving  in
17    interstate    commerce    and   equipment   operated   by   a
18    telecommunications provider, licensed as a common carrier  by
19    the  Federal  Communications Commission, which is permanently
20    installed in or affixed  to  aircraft  moving  in  interstate
21    commerce.
22        (14)  Machinery  and  equipment  that will be used by the
23    purchaser, or a lessee of the  purchaser,  primarily  in  the
24    process  of  manufacturing  or  assembling  tangible personal
25    property for wholesale or retail sale or lease,  whether  the
26    sale or lease is made directly by the manufacturer or by some
27    other  person,  whether the materials used in the process are
28    owned by the manufacturer or some other  person,  or  whether
29    the sale or lease is made apart from or as an incident to the
30    seller's  engaging  in  the  service  occupation of producing
31    machines, tools,  dies,  jigs,  patterns,  gauges,  or  other
32    similar  items  of no commercial value on special order for a
33    particular purchaser.
34        (15)  Proceeds of mandatory  service  charges  separately
 
                            -106-    LRB093 05878 EFG 05971 b
 1    stated  on  customers'  bills for purchase and consumption of
 2    food and beverages, to the extent that the  proceeds  of  the
 3    service  charge  are  in  fact  turned  over  as tips or as a
 4    substitute for tips to the employees who participate directly
 5    in preparing, serving, hosting or cleaning  up  the  food  or
 6    beverage function with respect to which the service charge is
 7    imposed.
 8        (16)  Petroleum  products  sold  to  a  purchaser  if the
 9    seller is prohibited by federal law from charging tax to  the
10    purchaser.
11        (17)  Tangible personal property sold to a common carrier
12    by rail or motor that receives the physical possession of the
13    property  in  Illinois  and  that transports the property, or
14    shares with another common carrier in the  transportation  of
15    the  property,  out of Illinois on a standard uniform bill of
16    lading showing the seller of the property as the  shipper  or
17    consignor  of the property to a destination outside Illinois,
18    for use outside Illinois.
19        (18)  Legal tender,  currency,  medallions,  or  gold  or
20    silver   coinage   issued  by  the  State  of  Illinois,  the
21    government of the United States of America, or the government
22    of any foreign country, and bullion.
23        (19)  Oil field  exploration,  drilling,  and  production
24    equipment, including (i) rigs and parts of rigs, rotary rigs,
25    cable  tool  rigs,  and  workover rigs, (ii) pipe and tubular
26    goods, including casing and drill strings,  (iii)  pumps  and
27    pump-jack  units,  (iv) storage tanks and flow lines, (v) any
28    individual  replacement  part  for  oil  field   exploration,
29    drilling,  and  production  equipment, and (vi) machinery and
30    equipment purchased for lease; but excluding  motor  vehicles
31    required to be registered under the Illinois Vehicle Code.
32        (20)  Photoprocessing  machinery and equipment, including
33    repair and replacement parts, both new  and  used,  including
34    that   manufactured   on  special  order,  certified  by  the
 
                            -107-    LRB093 05878 EFG 05971 b
 1    purchaser to  be  used  primarily  for  photoprocessing,  and
 2    including  photoprocessing  machinery and equipment purchased
 3    for lease.
 4        (21)  Coal  exploration,  mining,   offhighway   hauling,
 5    processing, maintenance, and reclamation equipment, including
 6    replacement  parts  and  equipment,  and  including equipment
 7    purchased for lease, but excluding motor vehicles required to
 8    be registered under the Illinois Vehicle Code.
 9        (22)  Fuel and petroleum products sold to or used  by  an
10    air  carrier,  certified  by  the  carrier  to  be  used  for
11    consumption,  shipment,  or  storage  in  the  conduct of its
12    business as an air common carrier, for a flight destined  for
13    or  returning from a location or locations outside the United
14    States without regard  to  previous  or  subsequent  domestic
15    stopovers.
16        (23)  A  transaction  in  which  the  purchase  order  is
17    received  by  a  florist who is located outside Illinois, but
18    who has a florist located in Illinois deliver the property to
19    the purchaser or the purchaser's donee in Illinois.
20        (24)  Fuel consumed or used in the  operation  of  ships,
21    barges,  or  vessels  that  are  used primarily in or for the
22    transportation of property or the conveyance of  persons  for
23    hire  on  rivers  bordering  on  this  State  if  the fuel is
24    delivered by the seller to the purchaser's  barge,  ship,  or
25    vessel while it is afloat upon that bordering river.
26        (25)  A motor vehicle sold in this State to a nonresident
27    even though the motor vehicle is delivered to the nonresident
28    in  this  State,  if the motor vehicle is not to be titled in
29    this State, and if a drive-away permit is issued to the motor
30    vehicle as provided in Section 3-603 of the Illinois  Vehicle
31    Code or if the nonresident purchaser has vehicle registration
32    plates to transfer to the motor vehicle upon returning to his
33    or  her home state.  The issuance of the drive-away permit or
34    having the out-of-state registration plates to be transferred
 
                            -108-    LRB093 05878 EFG 05971 b
 1    is prima facie evidence that the motor vehicle  will  not  be
 2    titled in this State.
 3        (26)  Semen used for artificial insemination of livestock
 4    for direct agricultural production.
 5        (27)  Horses, or interests in horses, registered with and
 6    meeting  the  requirements  of  any of the Arabian Horse Club
 7    Registry of America, Appaloosa Horse Club,  American  Quarter
 8    Horse  Association,  United  States  Trotting Association, or
 9    Jockey Club, as appropriate, used for purposes of breeding or
10    racing for prizes.
11        (28)  Computers and communications equipment utilized for
12    any hospital purpose and equipment  used  in  the  diagnosis,
13    analysis,  or treatment of hospital patients sold to a lessor
14    who leases the equipment, under a lease of one year or longer
15    executed or in effect at the  time  of  the  purchase,  to  a
16    hospital  that  has  been  issued  an  active  tax  exemption
17    identification  number  by the Department under Section 1g of
18    this Act.
19        (29)  Personal property sold to a lessor who  leases  the
20    property,  under a lease of one year or longer executed or in
21    effect at the time of the purchase, to  a  governmental  body
22    that  has  been issued an active tax exemption identification
23    number by the Department under Section 1g of this Act.
24        (30)  Beginning with taxable years  ending  on  or  after
25    December  31, 1995 and ending with taxable years ending on or
26    before December 31, 2004, personal property that  is  donated
27    for  disaster  relief  to  be  used  in  a State or federally
28    declared disaster area in Illinois or bordering Illinois by a
29    manufacturer or retailer that is registered in this State  to
30    a   corporation,   society,   association,   foundation,   or
31    institution  that  has  been  issued  a  sales  tax exemption
32    identification number by the Department that assists  victims
33    of the disaster who reside within the declared disaster area.
34        (31)  Beginning  with  taxable  years  ending on or after
 
                            -109-    LRB093 05878 EFG 05971 b
 1    December 31, 1995 and ending with taxable years ending on  or
 2    before  December  31, 2004, personal property that is used in
 3    the performance of  infrastructure  repairs  in  this  State,
 4    including  but  not  limited  to municipal roads and streets,
 5    access roads, bridges,  sidewalks,  waste  disposal  systems,
 6    water  and  sewer  line  extensions,  water  distribution and
 7    purification facilities, storm water drainage  and  retention
 8    facilities, and sewage treatment facilities, resulting from a
 9    State or federally declared disaster in Illinois or bordering
10    Illinois  when  such  repairs  are  initiated  on  facilities
11    located  in  the declared disaster area within 6 months after
12    the disaster.
13        (32)  Beginning July 1, 1999, game or game birds sold  at
14    a  "game  breeding  and  hunting preserve area" or an "exotic
15    game hunting area" as those terms are used  in  the  Wildlife
16    Code or at a hunting enclosure approved through rules adopted
17    by  the  Department  of Natural Resources.  This paragraph is
18    exempt from the provisions of Section 2-70.
19        (33)  A motor vehicle, as that term is defined in Section
20    1-146 of the Illinois Vehicle Code,  that  is  donated  to  a
21    corporation, limited liability company, society, association,
22    foundation,   or   institution  that  is  determined  by  the
23    Department to  be  organized  and  operated  exclusively  for
24    educational  purposes.   For  purposes  of this exemption, "a
25    corporation, limited liability company, society, association,
26    foundation, or institution organized and operated exclusively
27    for educational  purposes"  means  all  tax-supported  public
28    schools, private schools that offer systematic instruction in
29    useful  branches  of  learning  by  methods  common to public
30    schools  and  that  compare  favorably  in  their  scope  and
31    intensity with the course of study presented in tax-supported
32    schools, and vocational or technical  schools  or  institutes
33    organized  and  operated  exclusively  to provide a course of
34    study of not less than  6  weeks  duration  and  designed  to
 
                            -110-    LRB093 05878 EFG 05971 b
 1    prepare  individuals to follow a trade or to pursue a manual,
 2    technical, mechanical, industrial,  business,  or  commercial
 3    occupation.
 4        (34)  Beginning   January  1,  2000,  personal  property,
 5    including food, purchased through fundraising events for  the
 6    benefit  of  a  public  or  private  elementary  or secondary
 7    school, a group of those  schools,  or  one  or  more  school
 8    districts if the events are sponsored by an entity recognized
 9    by  the school district that consists primarily of volunteers
10    and includes parents and teachers  of  the  school  children.
11    This  paragraph  does not apply to fundraising events (i) for
12    the benefit of private home instruction or (ii) for which the
13    fundraising entity purchases the personal  property  sold  at
14    the  events  from  another individual or entity that sold the
15    property for the purpose of resale by the fundraising  entity
16    and  that  profits  from  the sale to the fundraising entity.
17    This paragraph is exempt from the provisions of Section 2-70.
18        (35)  Beginning January 1, 2000 and through December  31,
19    2001, new or used automatic vending machines that prepare and
20    serve  hot  food  and  beverages, including coffee, soup, and
21    other  items,  and  replacement  parts  for  these  machines.
22    Beginning January 1, 2002, machines and  parts  for  machines
23    used  in  commercial,  coin-operated  amusement  and  vending
24    business  if  a  use  or  occupation tax is paid on the gross
25    receipts  derived   from   the   use   of   the   commercial,
26    coin-operated amusement and vending machines.  This paragraph
27    is exempt from the provisions of Section 2-70.
28        (35-5)  (36)  Food  for  human  consumption that is to be
29    consumed off the  premises  where  it  is  sold  (other  than
30    alcoholic  beverages,  soft  drinks,  and  food that has been
31    prepared for  immediate  consumption)  and  prescription  and
32    nonprescription  medicines,  drugs,  medical  appliances, and
33    insulin, urine testing materials, syringes, and needles  used
34    by  diabetics,  for  human  use,  when purchased for use by a
 
                            -111-    LRB093 05878 EFG 05971 b
 1    person receiving medical assistance under Article  5  of  the
 2    Illinois  Public Aid Code who resides in a licensed long-term
 3    care facility, as defined in the Nursing Home Care Act.
 4        (36)  Beginning August 2, 2001 on the effective  date  of
 5    this  amendatory  Act of the 92nd General Assembly, computers
 6    and  communications  equipment  utilized  for  any   hospital
 7    purpose  and  equipment  used  in the diagnosis, analysis, or
 8    treatment of hospital patients sold to a  lessor  who  leases
 9    the  equipment,  under a lease of one year or longer executed
10    or in effect at the time of the purchase, to a hospital  that
11    has been issued an active tax exemption identification number
12    by  the  Department  under  Section  1g  of  this  Act.  This
13    paragraph is exempt from the provisions of Section 2-70.
14        (37)  Beginning August 2, 2001 on the effective  date  of
15    this  amendatory  Act  of the 92nd General Assembly, personal
16    property sold to a lessor who leases the  property,  under  a
17    lease of one year or longer executed or in effect at the time
18    of  the purchase, to a governmental body that has been issued
19    an  active  tax  exemption  identification  number   by   the
20    Department  under  Section 1g of this Act.  This paragraph is
21    exempt from the provisions of Section 2-70.
22        (38)  Beginning on January  1,  2002,  tangible  personal
23    property  purchased  from  an Illinois retailer by a taxpayer
24    engaged in centralized purchasing activities in Illinois  who
25    will,  upon  receipt of the property in Illinois, temporarily
26    store the  property  in  Illinois  (i)  for  the  purpose  of
27    subsequently  transporting  it  outside this State for use or
28    consumption thereafter solely outside this State or (ii)  for
29    the  purpose  of being processed, fabricated, or manufactured
30    into,  attached  to,  or  incorporated  into  other  tangible
31    personal property to be transported outside  this  State  and
32    thereafter  used  or consumed solely outside this State.  The
33    Director of Revenue  shall,  pursuant  to  rules  adopted  in
34    accordance  with  the  Illinois Administrative Procedure Act,
 
                            -112-    LRB093 05878 EFG 05971 b
 1    issue a permit to any taxpayer  in  good  standing  with  the
 2    Department  who  is  eligible  for  the  exemption under this
 3    paragraph (38).  The permit issued under this paragraph  (38)
 4    shall  authorize  the holder, to the extent and in the manner
 5    specified in the rules adopted under this  Act,  to  purchase
 6    tangible  personal  property  from a retailer exempt from the
 7    taxes imposed by this  Act.   Taxpayers  shall  maintain  all
 8    necessary  books  and  records  to  substantiate  the use and
 9    consumption of all such tangible personal property outside of
10    the State of Illinois.
11    (Source: P.A. 91-51,  eff.  6-30-99;  91-200,  eff.  7-20-99;
12    91-439,  eff.  8-6-99;  91-533,  eff.  8-13-99;  91-637, eff.
13    8-20-99; 91-644, eff. 8-20-99;  92-16, eff.  6-28-01;  92-35,
14    eff.  7-1-01;  92-227,  eff.  8-2-01;  92-337,  eff. 8-10-01;
15    92-484, eff. 8-23-01;  92-488,  eff.  8-23-01;  92-651,  eff.
16    7-11-02; 92-680, eff. 7-16-02; revised 1-26-03.)

17        Section 19.  The Cigarette Tax Act is amended by changing
18    Section 3 as follows:

19        (35 ILCS 130/3) (from Ch. 120, par. 453.3)
20        Sec.   3.  Affixing  tax  stamp;  remitting  tax  to  the
21    Department.  Payment of the taxes imposed  by  Section  2  of
22    this  Act shall (except as hereinafter provided) be evidenced
23    by revenue tax stamps affixed to  each  original  package  of
24    cigarettes. Each distributor of cigarettes, before delivering
25    or causing to be delivered any original package of cigarettes
26    in  this  State  to  a purchaser, shall firmly affix a proper
27    stamp or  stamps  to  each  such  package,  or  (in  case  of
28    manufacturers  of  cigarettes  in original packages which are
29    contained inside a sealed transparent wrapper) shall  imprint
30    the  required  language on the original package of cigarettes
31    beneath such outside wrapper, as hereinafter provided.
32        No stamp or imprint may be affixed to, or made upon,  any
 
                            -113-    LRB093 05878 EFG 05971 b
 1    package  of  cigarettes unless that package complies with all
 2    requirements  of   the   federal   Cigarette   Labeling   and
 3    Advertising  Act,  15  U.S.C.  1331  and  following,  for the
 4    placement of labels, warnings, or any other information  upon
 5    a  package  of  cigarettes  that  is  sold  within the United
 6    States.  Under the authority of  Section  6,  the  Department
 7    shall   revoke   the  license  of  any  distributor  that  is
 8    determined to have violated this paragraph. A person may  not
 9    affix  a  stamp on a package of cigarettes, cigarette papers,
10    wrappers, or tubes if that individual package has been marked
11    for export outside the United States with a label  or  notice
12    in compliance with Section 290.185 of Title 27 of the Code of
13    Federal Regulations.  It is not a defense to a proceeding for
14    violation of this paragraph that the label or notice has been
15    removed, mutilated, obliterated, or altered in any manner.
16        The   Department,   or   any  person  authorized  by  the
17    Department, shall sell such stamps only  to  persons  holding
18    valid licenses as distributors under this Act. The Department
19    may  refuse  to sell stamps to any person who does not comply
20    with the provisions of this Act. Beginning on  the  effective
21    date  of this amendatory Act of the 92nd General Assembly and
22    through June 30, 2002,  persons  holding  valid  licenses  as
23    distributors  may  purchase  cigarette  tax  stamps  up to an
24    amount equal to 115% of  the  distributor's  average  monthly
25    cigarette  tax  stamp  purchases  over the 12 calendar months
26    prior to the effective date of this  amendatory  Act  of  the
27    92nd General Assembly.
28        Prior  to  December 1, 1985, the Department shall allow a
29    distributor 21 days in which to make  final  payment  of  the
30    amount   to   be  paid  for  such  stamps,  by  allowing  the
31    distributor to make payment for the stamps  at  the  time  of
32    purchasing  them  with a draft which shall be in such form as
33    the Department prescribes, and which shall be payable  within
34    21  days thereafter: Provided that such distributor has filed
 
                            -114-    LRB093 05878 EFG 05971 b
 1    with  the  Department,  and  has  received  the  Department's
 2    approval of, a  bond,  which  is  in  addition  to  the  bond
 3    required  under  Section  4  of  this  Act,  payable  to  the
 4    Department  in  an  amount equal to 80% of such distributor's
 5    average monthly tax liability to the  Department  under  this
 6    Act during the preceding calendar year or $500,000, whichever
 7    is  less. The Bond shall be joint and several and shall be in
 8    the form of a  surety  company  bond  in  such  form  as  the
 9    Department  prescribes,  or  it  may be in the form of a bank
10    certificate of deposit or bank letter  of  credit.  The  bond
11    shall be conditioned upon the distributor's payment of amount
12    of  any  21-day  draft which the Department accepts from that
13    distributor for the delivery of stamps  to  that  distributor
14    under  this  Act.  The  distributor's failure to pay any such
15    draft,  when  due,   shall   also   make   such   distributor
16    automatically liable to the Department for a penalty equal to
17    25% of the amount of such draft.
18        On and after December 1, 1985, the Department shall allow
19    a  distributor  30 days in which to make final payment of the
20    amount  to  be  paid  for  such  stamps,  by   allowing   the
21    distributor  to  make  payment  for the stamps at the time of
22    purchasing them with a draft which shall be in such  form  as
23    the  Department prescribes, and which shall be payable within
24    30 days thereafter, and beginning  on  January  1,  2003  and
25    thereafter, the draft shall be payable by means of electronic
26    funds  transfer:   Provided  that  such distributor has filed
27    with  the  Department,  and  has  received  the  Department's
28    approval of, a  bond,  which  is  in  addition  to  the  bond
29    required  under  Section  4  of  this  Act,  payable  to  the
30    Department  in  an amount equal to 150% of such distributor's
31    average monthly tax liability to the  Department  under  this
32    Act during the preceding calendar year or $750,000, whichever
33    is less, except that as to bonds filed on or after January 1,
34    1987,  such  additional  bond  shall be in an amount equal to
 
                            -115-    LRB093 05878 EFG 05971 b
 1    100% of such  distributor's  average  monthly  tax  liability
 2    under   this  Act  during  the  preceding  calendar  year  or
 3    $750,000, whichever is less.  The bond  shall  be  joint  and
 4    several  and shall be in the form of a surety company bond in
 5    such form as the Department prescribes, or it may be  in  the
 6    form  of  a  bank  certificate  of  deposit or bank letter of
 7    credit. The bond shall be conditioned upon the  distributor's
 8    payment   of  the  amount  of  any  30-day  draft  which  the
 9    Department accepts from that distributor for the delivery  of
10    stamps to that distributor under this Act.  The distributor's
11    failure to pay any such draft, when due, shall also make such
12    distributor  automatically  liable  to  the  Department for a
13    penalty equal to 25% of the amount of such draft.
14        Every  prior  continuous  compliance  taxpayer  shall  be
15    exempt from all requirements under  this  Section  concerning
16    the furnishing of such bond, as defined in this Section, as a
17    condition  precedent to his being authorized to engage in the
18    business licensed  under  this  Act.   This  exemption  shall
19    continue  for each such taxpayer until such time as he may be
20    determined by the Department to be delinquent in  the  filing
21    of  any  returns,  or is determined by the Department (either
22    through the Department's issuance of a final assessment which
23    has become final under the Act, or by the  taxpayer's  filing
24    of  a  return which admits tax to be due that is not paid) to
25    be delinquent or deficient in the paying  of  any  tax  under
26    this Act, at which time that taxpayer shall become subject to
27    the  bond requirements of this Section and, as a condition of
28    being allowed to continue to engage in the business  licensed
29    under  this  Act,  shall  be  required to furnish bond to the
30    Department in such form as provided in  this  Section.   Such
31    taxpayer  shall  furnish  such  bond for a period of 2 years,
32    after which, if the taxpayer has not been delinquent  in  the
33    filing  of  any  returns,  or  delinquent or deficient in the
34    paying  of  any  tax  under  this  Act,  the  Department  may
 
                            -116-    LRB093 05878 EFG 05971 b
 1    reinstate such  person  as  a  prior  continuance  compliance
 2    taxpayer.   Any  taxpayer  who  fails  to  pay an admitted or
 3    established liability under this Act may also be required  to
 4    post  bond  or  other acceptable security with the Department
 5    guaranteeing the payment  of  such  admitted  or  established
 6    liability.
 7        Any  person  aggrieved  by any decision of the Department
 8    under this Section may,  within  the  time  allowed  by  law,
 9    protest and request a hearing, whereupon the Department shall
10    give  notice  and shall hold a hearing in conformity with the
11    provisions  of  this   Act   and   then   issue   its   final
12    administrative decision in the matter to such person.  In the
13    absence  of  such  a protest filed within the time allowed by
14    law, the Department's decision shall become final without any
15    further determination being made or notice given.
16        The Department  shall  discharge  any  surety  and  shall
17    release  and return any bond or security deposited, assigned,
18    pledged, or otherwise provided to it by a taxpayer under this
19    Section within 30 days after:
20        (1)  Such taxpayer becomes a prior continuous  compliance
21    taxpayer; or
22        (2)  Such  taxpayer  has  ceased  to  collect receipts on
23    which he is required to remit  tax  to  the  Department,  has
24    filed  a  final tax return, and has paid to the Department an
25    amount sufficient to discharge his remaining tax liability as
26    determined by the Department under this Act.  The  Department
27    shall   make   a   final   determination  of  the  taxpayer's
28    outstanding tax liability as expeditiously as possible  after
29    his  final  tax  return  has  been  filed.  If the Department
30    cannot make such final determination  within  45  days  after
31    receiving  the  final tax return, within such period it shall
32    so notify the taxpayer, stating its reasons therefor.
33        The  Department  may  authorize  distributors  to   affix
34    revenue  tax  stamps  by  imprinting  tax  meter  stamps upon
 
                            -117-    LRB093 05878 EFG 05971 b
 1    original packages of cigarettes. The Department  shall  adopt
 2    rules  and regulations relating to the imprinting of such tax
 3    meter stamps as will result in payment of the proper taxes as
 4    herein imposed. No distributor may affix revenue  tax  stamps
 5    to  original  packages  of cigarettes by imprinting tax meter
 6    stamps thereon unless such  distributor  has  first  obtained
 7    permission  from  the  Department  to  employ  this method of
 8    affixation. The Department shall  regulate  the  use  of  tax
 9    meters  and may, to assure the proper collection of the taxes
10    imposed  by  this  Act,  revoke  or  suspend  the  privilege,
11    theretofore granted by the Department to any distributor,  to
12    imprint   tax   meter   stamps   upon  original  packages  of
13    cigarettes.
14        Illinois  cigarette   manufacturers   who   place   their
15    cigarettes  in original packages which are contained inside a
16    sealed  transparent   wrapper,   and   similar   out-of-State
17    cigarette manufacturers who elect to qualify and are accepted
18    by  the  Department  as distributors under Section 4b of this
19    Act, shall pay the taxes imposed by this Act by remitting the
20    amount thereof to the Department by the 5th day of each month
21    covering  cigarettes  shipped  or  otherwise   delivered   in
22    Illinois  to  purchasers during the preceding calendar month.
23    Such manufacturers of cigarettes in original  packages  which
24    are  contained  inside  a  sealed transparent wrapper, before
25    delivering such cigarettes or causing such cigarettes  to  be
26    delivered  in  this State to purchasers, shall evidence their
27    obligation to remit  the  taxes  due  with  respect  to  such
28    cigarettes  by  imprinting  language  to be prescribed by the
29    Department  on  each  original  package  of  such  cigarettes
30    underneath the sealed transparent  outside  wrapper  of  such
31    original package, in such place thereon and in such manner as
32    the  Department  may designate. Such imprinted language shall
33    acknowledge the manufacturer's payment of  or  liability  for
34    the  tax imposed by this Act with respect to the distribution
 
                            -118-    LRB093 05878 EFG 05971 b
 1    of such cigarettes.
 2        A distributor shall not affix, or cause  to  be  affixed,
 3    any  stamp or imprint to a package of cigarettes, as provided
 4    for in this Section, if the tobacco product manufacturer,  as
 5    defined  in  Section 10 of the Tobacco Product Manufacturers'
 6    Escrow Act, that made or sold the cigarettes  has  failed  to
 7    become   a   participating   manufacturer,   as   defined  in
 8    subdivision (a)(1) of  Section  15  of  the  Tobacco  Product
 9    Manufacturers'   Escrow  Act,  or  has  failed  to  create  a
10    qualified escrow fund for any cigarettes manufactured by  the
11    tobacco  product  manufacturer  and  sold  in  this  State or
12    otherwise  failed  to  bring  itself  into  compliance   with
13    subdivision  (a)(2)  of  Section  15  of  the Tobacco Product
14    Manufacturers' Escrow Act.
15    (Source: P.A. 91-246,  eff.  7-22-99;  92-322,  eff.  1-1-02;
16    92-536, eff. 6-6-02; 92-737, eff. 7-25-02; revised 9-10-02.)

17        Section  20.   The  Cigarette  Use  Tax Act is amended by
18    changing Section 3 as follows:

19        (35 ILCS 135/3) (from Ch. 120, par. 453.33)
20        Sec. 3.  Stamp payment. The tax hereby imposed  shall  be
21    collected by a distributor maintaining a place of business in
22    this  State  or  a  distributor  authorized by the Department
23    pursuant to Section 7 hereof to  collect  the  tax,  and  the
24    amount  of  the  tax  shall  be  added  to  the  price of the
25    cigarettes sold by such distributor. Collection  of  the  tax
26    shall  be  evidenced  by  a  stamp  or stamps affixed to each
27    original package of cigarettes or by an authorized substitute
28    for such stamp imprinted on each  original  package  of  such
29    cigarettes  underneath the sealed transparent outside wrapper
30    of such original package,  except  as  hereinafter  provided.
31    Each distributor who is required or authorized to collect the
32    tax  herein  imposed,  before  delivering  or  causing  to be
 
                            -119-    LRB093 05878 EFG 05971 b
 1    delivered any original packages of cigarettes in  this  State
 2    to any purchaser, shall firmly affix a proper stamp or stamps
 3    to  each  such  package,  or (in the case of manufacturers of
 4    cigarettes in original packages which are contained inside  a
 5    sealed   transparent  wrapper)  shall  imprint  the  required
 6    language on the original package of cigarettes  beneath  such
 7    outside wrapper as hereinafter provided. Such stamp or stamps
 8    need not be affixed to the original package of any cigarettes
 9    with  respect to which the distributor is required to affix a
10    like stamp or stamps by virtue  of  the  Cigarette  Tax  Act,
11    however,  and  no  tax  imprint need be placed underneath the
12    sealed  transparent  wrapper  of  an  original   package   of
13    cigarettes  with respect to which the distributor is required
14    or authorized to employ a like tax imprint by virtue  of  the
15    Cigarette Tax Act.
16        No  stamp or imprint may be affixed to, or made upon, any
17    package of cigarettes unless that package complies  with  all
18    requirements   of   the   federal   Cigarette   Labeling  and
19    Advertising Act,  15  U.S.C.  1331  and  following,  for  the
20    placement  of labels, warnings, or any other information upon
21    a package of  cigarettes  that  is  sold  within  the  United
22    States.   Under  the  authority  of Section 6, the Department
23    shall  revoke  the  license  of  any  distributor   that   is
24    determined to have violated this paragraph.  A person may not
25    affix  a  stamp on a package of cigarettes, cigarette papers,
26    wrappers, or tubes if that individual package has been marked
27    for export outside the United States with a label  or  notice
28    in compliance with Section 290.185 of Title 27 of the Code of
29    Federal Regulations.  It is not a defense to a proceeding for
30    violation of this paragraph that the label or notice has been
31    removed, mutilated, obliterated, or altered in any manner.
32        Stamps,  when required hereunder, shall be purchased from
33    the Department, or any person authorized by  the  Department,
34    by distributors.  The Department may refuse to sell stamps to
 
                            -120-    LRB093 05878 EFG 05971 b
 1    any  person  who  does not comply with the provisions of this
 2    Act.  Beginning on June 6, 2002 the effective  date  of  this
 3    amendatory  Act of the 92nd General Assembly and through June
 4    30, 2002, persons holding valid licenses as distributors  may
 5    purchase  cigarette  tax stamps up to an amount equal to 115%
 6    of the distributor's  average  monthly  cigarette  tax  stamp
 7    purchases  over  the 12 calendar months prior to June 6, 2002
 8    the effective date of this amendatory Act of the 92nd General
 9    Assembly.
10        Prior to December 1, 1985, the Department shall  allow  a
11    distributor  21  days  in  which to make final payment of the
12    amount  to  be  paid  for  such  stamps,  by   allowing   the
13    distributor  to  make  payment  for the stamps at the time of
14    purchasing them with a draft which shall be in such  form  as
15    the  Department prescribes, and which shall be payable within
16    21 days thereafter: Provided that such distributor has  filed
17    with  the  Department,  and  has  received  the  Department's
18    approval  of,  a  bond,  which  is  in  addition  to the bond
19    required  under  Section  4  of  this  Act,  payable  to  the
20    Department in an amount equal to 80%  of  such  distributor's
21    average  monthly  tax  liability to the Department under this
22    Act during the preceding calendar year or $500,000, whichever
23    is less. The bond shall be joint and several and shall be  in
24    the  form  of  a  surety  company  bond  in  such form as the
25    Department prescribes, or it may be in the  form  of  a  bank
26    certificate  of  deposit  or  bank letter of credit. The bond
27    shall be conditioned upon the distributor's  payment  of  the
28    amount  of any 21-day draft which the Department accepts from
29    that  distributor  for  the  delivery  of  stamps   to   that
30    distributor  under this Act. The distributor's failure to pay
31    any such draft, when due, shall also  make  such  distributor
32    automatically liable to the Department for a penalty equal to
33    25% of the amount of such draft.
34        On and after December 1, 1985, the Department shall allow
 
                            -121-    LRB093 05878 EFG 05971 b
 1    a  distributor  30 days in which to make final payment of the
 2    amount  to  be  paid  for  such  stamps,  by   allowing   the
 3    distributor  to  make  payment  for the stamps at the time of
 4    purchasing them with a draft which shall be in such  form  as
 5    the  Department prescribes, and which shall be payable within
 6    30 days thereafter, and beginning  on  January  1,  2003  and
 7    thereafter, the draft shall be payable by means of electronic
 8    funds  transfer:   Provided  that  such distributor has filed
 9    with  the  Department,  and  has  received  the  Department's
10    approval of, a  bond,  which  is  in  addition  to  the  bond
11    required  under  Section  4  of  this  Act,  payable  to  the
12    Department  in  an amount equal to 150% of such distributor's
13    average monthly tax liability to the  Department  under  this
14    Act during the preceding calendar year or $750,000, whichever
15    is less, except that as to bonds filed on or after January 1,
16    1987,  such  additional  bond  shall be in an amount equal to
17    100% of such  distributor's  average  monthly  tax  liability
18    under   this  Act  during  the  preceding  calendar  year  or
19    $750,000, whichever is less.  The bond  shall  be  joint  and
20    several  and shall be in the form of a surety company bond in
21    such form as the Department prescribes, or it may be  in  the
22    form  of  a  bank  certificate  of  deposit or bank letter of
23    credit. The bond shall be conditioned upon the  distributor's
24    payment   of  the  amount  of  any  30-day  draft  which  the
25    Department accepts from that distributor for the delivery  of
26    stamps to that distributor under this Act.  The distributor's
27    failure to pay any such draft, when due, shall also make such
28    distributor  automatically  liable  to  the  Department for a
29    penalty equal to 25% of the amount of such draft.
30        Every  prior  continuous  compliance  taxpayer  shall  be
31    exempt from all requirements under  this  Section  concerning
32    the furnishing of such bond, as defined in this Section, as a
33    condition  precedent to his being authorized to engage in the
34    business licensed  under  this  Act.   This  exemption  shall
 
                            -122-    LRB093 05878 EFG 05971 b
 1    continue  for each such taxpayer until such time as he may be
 2    determined by the Department to be delinquent in  the  filing
 3    of  any  returns,  or is determined by the Department (either
 4    through the Department's issuance of a final assessment which
 5    has become final under the Act, or by the  taxpayer's  filing
 6    of  a  return which admits tax to be due that is not paid) to
 7    be delinquent or deficient in the paying  of  any  tax  under
 8    this Act, at which time that taxpayer shall become subject to
 9    the  bond requirements of this Section and, as a condition of
10    being allowed to continue to engage in the business  licensed
11    under  this  Act,  shall  be  required to furnish bond to the
12    Department in such form as provided in  this  Section.   Such
13    taxpayer  shall  furnish  such  bond for a period of 2 years,
14    after which, if the taxpayer has not been delinquent  in  the
15    filing  of  any  returns,  or  delinquent or deficient in the
16    paying  of  any  tax  under  this  Act,  the  Department  may
17    reinstate such  person  as  a  prior  continuance  compliance
18    taxpayer.   Any  taxpayer  who  fails  to  pay an admitted or
19    established liability under this Act may also be required  to
20    post  bond  or  other acceptable security with the Department
21    guaranteeing the payment  of  such  admitted  or  established
22    liability.
23        Any  person  aggrieved  by any decision of the Department
24    under this Section may,  within  the  time  allowed  by  law,
25    protest and request a hearing, whereupon the Department shall
26    give  notice  and shall hold a hearing in conformity with the
27    provisions  of  this   Act   and   then   issue   its   final
28    administrative decision in the matter to such person.  In the
29    absence  of  such  a protest filed within the time allowed by
30    law, the Department's decision shall become final without any
31    further determination being made or notice given.
32        The Department  shall  discharge  any  surety  and  shall
33    release  and return any bond or security deposited, assigned,
34    pledged, or otherwise provided to it by a taxpayer under this
 
                            -123-    LRB093 05878 EFG 05971 b
 1    Section within 30 days after:
 2             (1)  such  Taxpayer  becomes  a   prior   continuous
 3        compliance taxpayer; or
 4             (2)  such taxpayer has ceased to collect receipts on
 5        which  he is required to remit tax to the Department, has
 6        filed a final tax return, and has paid to the  Department
 7        an  amount  sufficient  to  discharge  his  remaining tax
 8        liability as determined by the Department under this Act.
 9        The Department shall make a final  determination  of  the
10        taxpayer's  outstanding tax liability as expeditiously as
11        possible after his final tax return has been  filed.   If
12        the  Department  cannot  make  such  final  determination
13        within  45  days  after  receiving  the final tax return,
14        within such period  it  shall  so  notify  the  taxpayer,
15        stating its reasons therefor.
16        At the time of purchasing such stamps from the Department
17    when  purchase  is  required by this Act, or at the time when
18    the tax which he has collected is remitted by  a  distributor
19    to  the  Department  without  the purchase of stamps from the
20    Department when that method of remitting  the  tax  that  has
21    been  collected  is  required  or authorized by this Act, the
22    distributor shall be  allowed  a  discount  during  any  year
23    commencing  July  1  and  ending  the  following  June  30 in
24    accordance with the schedule set out  hereinbelow,  from  the
25    amount  to  be paid by him to the Department for such stamps,
26    or to be paid by him  to  the  Department  on  the  basis  of
27    monthly  remittances (as the case may be), to cover the cost,
28    to such distributor, of collecting the tax herein imposed  by
29    affixing  such  stamps to the original packages of cigarettes
30    sold  by  such  distributor  or  by  placing   tax   imprints
31    underneath   the   sealed  transparent  wrapper  of  original
32    packages of cigarettes sold by such distributor (as the  case
33    may  be):  (1) Prior to December 1, 1985, a discount equal to
34    1-2/3% of the amount of the tax up to and including the first
 
                            -124-    LRB093 05878 EFG 05971 b
 1    $700,000 paid hereunder by such distributor to the Department
 2    during any such year; 1-1/3% of the next $700,000 of  tax  or
 3    any  part  thereof, paid hereunder by such distributor to the
 4    Department during any such year; 1% of the next  $700,000  of
 5    tax,  or any part thereof, paid hereunder by such distributor
 6    to the Department during any such year; and 2/3 of 1% of  the
 7    amount   of   any  additional  tax  paid  hereunder  by  such
 8    distributor to the Department during any such year or (2)  On
 9    and  after December 1, 1985, a discount equal to 1.75% of the
10    amount of the tax payable under this Act up to and  including
11    the  first  $3,000,000  paid hereunder by such distributor to
12    the Department during any such year and 1.5% of the amount of
13    any additional tax paid hereunder by such distributor to  the
14    Department during any such year.
15        Two  or  more  distributors  that  use  a common means of
16    affixing revenue tax stamps or that are owned  or  controlled
17    by   the   same  interests  shall  be  treated  as  a  single
18    distributor for the purpose of computing the discount.
19        Cigarette manufacturers who are distributors  under  this
20    Act,  and  who  place  their  cigarettes in original packages
21    which are contained  inside  a  sealed  transparent  wrapper,
22    shall be required to remit the tax which they are required to
23    collect  under  this  Act  to the Department by remitting the
24    amount thereof to the Department  by  the  5th  day  of  each
25    month,  covering cigarettes shipped or otherwise delivered to
26    points  in  Illinois  to  purchasers  during  the   preceding
27    calendar  month,  but  a  distributor  need  not remit to the
28    Department the tax so collected by him from purchasers  under
29    this  Act to the extent to which such distributor is required
30    to remit the tax imposed by the  Cigarette  Tax  Act  to  the
31    Department  with  respect  to  the same cigarettes. All taxes
32    upon cigarettes under this Act are  a  direct  tax  upon  the
33    retail  consumer  and  shall  conclusively  be presumed to be
34    precollected for the  purpose  of  convenience  and  facility
 
                            -125-    LRB093 05878 EFG 05971 b
 1    only.  Distributors  who  are  manufacturers of cigarettes in
 2    original  packages  which  are  contained  inside  a   sealed
 3    transparent  wrapper,  before  delivering  such cigarettes or
 4    causing such cigarettes to be  delivered  in  this  State  to
 5    purchasers,  shall  evidence  their obligation to collect and
 6    remit  the  tax  due  with  respect  to  such  cigarettes  by
 7    imprinting language to be prescribed  by  the  Department  on
 8    each  original  package  of  such  cigarettes  underneath the
 9    sealed transparent outside wrapper of such original  package,
10    in  such  place  thereon and in such manner as the Department
11    may prescribe; provided (as stated  hereinbefore)  that  this
12    requirement  does not apply when such distributor is required
13    or authorized by the Cigarette  Tax  Act  to  place  the  tax
14    imprint  provided  for  in the last paragraph of Section 3 of
15    that Act underneath the sealed transparent  wrapper  of  such
16    original package of cigarettes. Such imprinted language shall
17    acknowledge  the  manufacturer's collection and payment of or
18    liability for the tax imposed by this  Act  with  respect  to
19    such cigarettes.
20        The  Department  shall adopt the design or designs of the
21    tax stamps and shall procure the printing of such  stamps  in
22    such  amounts  and  denominations  as  it  deems necessary to
23    provide for the affixation of the proper amount of tax stamps
24    to each original package of cigarettes.
25        Where  tax  stamps  are  required,  the  Department   may
26    authorize   distributors  to  affix  revenue  tax  stamps  by
27    imprinting  tax  meter  stamps  upon  original  packages   of
28    cigarettes.  The Department shall adopt rules and regulations
29    relating to the imprinting of such tax meter stamps  as  will
30    result  in  payment of the proper taxes as herein imposed. No
31    distributor may affix revenue tax stamps to original packages
32    of cigarettes by imprinting meter stamps thereon unless  such
33    distributor has first obtained permission from the Department
34    to  employ  this  method  of affixation. The Department shall
 
                            -126-    LRB093 05878 EFG 05971 b
 1    regulate the use of tax meters and may, to assure the  proper
 2    collection  of  the  taxes  imposed  by  this  Act, revoke or
 3    suspend the privilege, theretofore granted by the  Department
 4    to any distributor, to imprint tax meter stamps upon original
 5    packages of cigarettes.
 6        The  tax  hereby  imposed  and  not paid pursuant to this
 7    Section shall be paid  to  the  Department  directly  by  any
 8    person  using  such cigarettes within this State, pursuant to
 9    Section 12 hereof.
10        A distributor shall not affix, or cause  to  be  affixed,
11    any  stamp or imprint to a package of cigarettes, as provided
12    for in this Section, if the tobacco product manufacturer,  as
13    defined  in  Section 10 of the Tobacco Product Manufacturers'
14    Escrow Act, that made or sold the cigarettes  has  failed  to
15    become   a   participating   manufacturer,   as   defined  in
16    subdivision (a)(1) of  Section  15  of  the  Tobacco  Product
17    Manufacturers'   Escrow  Act,  or  has  failed  to  create  a
18    qualified escrow fund for any cigarettes manufactured by  the
19    tobacco  product  manufacturer  and  sold  in  this  State or
20    otherwise  failed  to  bring  itself  into  compliance   with
21    subdivision  (a)(2)  of  Section  15  of  the Tobacco Product
22    Manufacturers' Escrow Act.
23    (Source: P.A. 91-246,  eff.  7-22-99;  92-322,  eff.  1-1-02;
24    92-536, eff. 6-6-02; 92-737, eff. 7-25-02; revised 9-10-02.)

25        Section  21.   The Hotel Operators' Occupation Tax Act is
26    amended by changing Section 6 as follows:

27        (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
28        Sec. 6.  Except as provided hereinafter in this  Section,
29    on  or  before  the  last  day  of each calendar month, every
30    person engaged in the business of renting, leasing or letting
31    rooms in a hotel in this State during the preceding  calendar
32    month shall file a return with the Department, stating:
 
                            -127-    LRB093 05878 EFG 05971 b
 1             1.  The name of the operator;
 2             2.  His  residence  address  and  the address of his
 3        principal place  of  business  and  the  address  of  the
 4        principal  place  of  business  (if  that  is a different
 5        address)  from  which  he  engages  in  the  business  of
 6        renting, leasing or letting rooms  in  a  hotel  in  this
 7        State;
 8             3.  Total  amount of rental receipts received by him
 9        during the preceding calendar month from renting, leasing
10        or letting rooms during such preceding calendar month;
11             4.  Total amount of rental receipts received by  him
12        during the preceding calendar month from renting, leasing
13        or  letting  rooms  to  permanent  residents  during such
14        preceding calendar month;
15             5.  Total amount  of  other  exclusions  from  gross
16        rental receipts allowed by this Act;
17             6.  Gross rental receipts which were received by him
18        during the preceding calendar month and upon the basis of
19        which the tax is imposed;
20             7.  The amount of tax due;
21             8.  Such   other   reasonable   information  as  the
22        Department may require.
23        If the operator's average monthly tax  liability  to  the
24    Department does not exceed $200, the Department may authorize
25    his  returns  to be filed on a quarter annual basis, with the
26    return for January, February and March of a given year  being
27    due  by April 30 of such year; with the return for April, May
28    and June of a given year being due by July 31 of  such  year;
29    with  the  return  for  July, August and September of a given
30    year being due by October 31  of  such  year,  and  with  the
31    return  for  October,  November  and December of a given year
32    being due by January 31 of the following year.
33        If the operator's average monthly tax  liability  to  the
34    Department  does not exceed $50, the Department may authorize
 
                            -128-    LRB093 05878 EFG 05971 b
 1    his returns to be filed on an annual basis, with  the  return
 2    for  a  given  year  being due by January 31 of the following
 3    year.
 4        Such quarter annual and annual returns, as  to  form  and
 5    substance,  shall  be  subject  to  the  same requirements as
 6    monthly returns.
 7        Notwithstanding  any  other   provision   in   this   Act
 8    concerning  the  time  within  which an operator may file his
 9    return, in the case of any operator who ceases to engage in a
10    kind of business  which  makes  him  responsible  for  filing
11    returns  under  this  Act,  such  operator shall file a final
12    return under this Act with the Department  not  more  than  1
13    month after discontinuing such business.
14        Where the same person has more than 1 business registered
15    with  the  Department under separate registrations under this
16    Act, such person shall not file each return that is due as  a
17    single  return  covering  all such registered businesses, but
18    shall  file  separate  returns  for  each   such   registered
19    business.
20        In  his return, the operator shall determine the value of
21    any  consideration  other  than  money  received  by  him  in
22    connection with the renting, leasing or letting of  rooms  in
23    the course of his business and he shall include such value in
24    his  return.   Such  determination shall be subject to review
25    and revision by the  Department  in  the  manner  hereinafter
26    provided for the correction of returns.
27        Where  the operator is a corporation, the return filed on
28    behalf of such corporation shall be signed by the  president,
29    vice-president,  secretary  or  treasurer  or by the properly
30    accredited agent of such corporation.
31        The person filing the return herein provided  for  shall,
32    at  the time of filing such return, pay to the Department the
33    amount of tax herein imposed. The operator filing the  return
34    under  this Section shall, at the time of filing such return,
 
                            -129-    LRB093 05878 EFG 05971 b
 1    pay to the Department the amount of tax imposed by  this  Act
 2    less  a  discount of 2.1% or $25 per calendar year, whichever
 3    is greater, which is allowed to reimburse  the  operator  for
 4    the  expenses  incurred  in  keeping  records,  preparing and
 5    filing returns, remitting the tax and supplying data  to  the
 6    Department on request.
 7        There  shall  be  deposited in the Build Illinois Fund in
 8    the State Treasury for each State  fiscal  year  40%  of  the
 9    amount  of  total  net  proceeds  from  the  tax  imposed  by
10    subsection (a) of Section 3. Of the remaining 60%, $5,000,000
11    shall be deposited in the Illinois Sports Facilities Fund and
12    credited  to  the  Subsidy Account each fiscal year by making
13    monthly deposits in the amount  of  1/8  of  $5,000,000  plus
14    cumulative  deficiencies  in  such deposits for prior months,
15    and an  additional  $8,000,000  shall  be  deposited  in  the
16    Illinois  Sports  Facilities Fund and credited to the Advance
17    Account each fiscal year by making monthly  deposits  in  the
18    amount  of 1/8 of $8,000,000 plus any cumulative deficiencies
19    in such deposits for prior months; provided, that for  fiscal
20    years  ending  after  June  30,  2001,  the  amount  to be so
21    deposited  into  the  Illinois  Sports  Facilities  Fund  and
22    credited to the Advance Account each  fiscal  year  shall  be
23    increased  from  $8,000,000  to  the  then applicable Advance
24    Amount and the required monthly deposits beginning with  July
25    2001  shall  be  in  the amount of 1/8 of the then applicable
26    Advance Amount plus  any  cumulative  deficiencies  in  those
27    deposits  for  prior months.  (The deposits of the additional
28    $8,000,000  or  the  then  applicable  Advance   Amount,   as
29    applicable,  during  each  fiscal  year  shall  be treated as
30    advances of funds to the Illinois Sports Facilities Authority
31    for  its  corporate  purposes  to  the  extent  paid  to  the
32    Authority or its trustee and shall be repaid into the General
33    Revenue Fund in the State Treasury by the State Treasurer  on
34    behalf  of  the  Authority  pursuant  to  Section  19  of the
 
                            -130-    LRB093 05878 EFG 05971 b
 1    Illinois Sports Facilities Authority Act, as amended.  If  in
 2    any  fiscal  year  the  full  amount  of  the then applicable
 3    Advance Amount is not repaid into the General  Revenue  Fund,
 4    then  the  deficiency  shall  be  paid from the amount in the
 5    Local Government Distributive Fund that  would  otherwise  be
 6    allocated  to  the  City  of  Chicago under the State Revenue
 7    Sharing Act.)
 8        For  purposes  of  the  foregoing  paragraph,  the   term
 9    "Advance  Amount"  means,  for fiscal year 2002, $22,179,000,
10    and for subsequent fiscal years  through  fiscal  year  2032,
11    105.615%  of the Advance Amount for the immediately preceding
12    fiscal year, rounded up to the nearest $1,000.
13        Of the remaining 60% of the amount of total net  proceeds
14    from the tax imposed by subsection (a) of Section 3 after all
15    required deposits in the Illinois Sports Facilities Fund, the
16    amount equal to 8% of the net revenue realized from the Hotel
17    Operators'  Occupation  Tax Act plus an amount equal to 8% of
18    the net revenue realized from any tax imposed  under  Section
19    4.05  of  the  Chicago World's Fair-1992 Authority Act during
20    the preceding month shall be deposited in the  Local  Tourism
21    Fund each month for purposes authorized by Section 605-705 of
22    the Department of Commerce and Community Affairs Law (20 ILCS
23    605/605-705)  in the Local Tourism Fund, and beginning August
24    1, 1999, the amount equal to 4.5% of the net revenue realized
25    from the Hotel  Operators'  Occupation  Tax  Act  during  the
26    preceding  month  shall  be  deposited into the International
27    Tourism Fund for the purposes authorized in  Section  605-707
28    605-725  of  the Department of Commerce and Community Affairs
29    Law.  "Net revenue realized for a month"  means  the  revenue
30    collected  by  the  State  under that Act during the previous
31    month less the amount paid out  during  that  same  month  as
32    refunds  to taxpayers for overpayment of liability under that
33    Act.
34        After making all these deposits, all  other  proceeds  of
 
                            -131-    LRB093 05878 EFG 05971 b
 1    the  tax  imposed  under subsection (a) of Section 3 shall be
 2    deposited in the General Revenue Fund in the State  Treasury.
 3    All moneys received by the Department from the additional tax
 4    imposed  under subsection (b) of Section 3 shall be deposited
 5    into the Build Illinois Fund in the State Treasury.
 6        The Department may, upon separate  written  notice  to  a
 7    taxpayer,  require  the taxpayer to prepare and file with the
 8    Department on a form prescribed by the Department within  not
 9    less  than  60  days  after  receipt  of the notice an annual
10    information return for the tax year specified in the  notice.
11    Such   annual  return  to  the  Department  shall  include  a
12    statement of gross receipts as shown by the  operator's  last
13    State  income  tax  return.   If  the  total  receipts of the
14    business as reported in the State income tax  return  do  not
15    agree  with the gross receipts reported to the Department for
16    the same period, the operator  shall  attach  to  his  annual
17    information return a schedule showing a reconciliation of the
18    2 amounts and the reasons for the difference.  The operator's
19    annual  information  return  to  the  Department  shall  also
20    disclose  pay  roll  information  of  the operator's business
21    during the year covered by such  return  and  any  additional
22    reasonable  information  which  the Department deems would be
23    helpful in determining the accuracy of the monthly, quarterly
24    or annual  tax  returns  by  such  operator  as  hereinbefore
25    provided for in this Section.
26        If the annual information return required by this Section
27    is  not  filed  when  and  as  required the taxpayer shall be
28    liable for a penalty in an amount  determined  in  accordance
29    with  Section  3-4  of  the  Uniform Penalty and Interest Act
30    until such return is filed as required,  the  penalty  to  be
31    assessed  and  collected  in  the  same  manner  as any other
32    penalty provided for in this Act.
33        The chief executive officer, proprietor, owner or highest
34    ranking manager shall sign the annual return to  certify  the
 
                            -132-    LRB093 05878 EFG 05971 b
 1    accuracy  of  the  information contained therein.  Any person
 2    who willfully signs the annual  return  containing  false  or
 3    inaccurate   information  shall  be  guilty  of  perjury  and
 4    punished accordingly.  The annual return form  prescribed  by
 5    the  Department  shall  include  a  warning  that  the person
 6    signing the return may be liable for perjury.
 7        The foregoing portion  of  this  Section  concerning  the
 8    filing  of an annual information return shall not apply to an
 9    operator who is not required to file  an  income  tax  return
10    with the United States Government.
11    (Source:  P.A.  91-239,  eff.  1-1-00;  91-604, eff. 8-16-99;
12    91-935,  eff.  6-1-01;  92-16,  eff.  6-28-01;  92-600,  eff.
13    6-28-02; revised 1-26-03.)

14        Section 22.  The Property Tax Code is amended by changing
15    Sections 15-25 and 18-177 and setting forth  and  renumbering
16    multiple versions of Section 18-92 as follows:

17        (35 ILCS 200/15-25)
18        Sec.  15-25.   Removal  of exemptions.  If the Department
19    determines that any property  has  been  unlawfully  exempted
20    from  taxation,  or  is  no longer entitled to exemption, the
21    Department shall, before January 1 of any  year,  direct  the
22    chief  county  assessment  officer to assess the property and
23    return it to the assessment rolls  for  the  next  assessment
24    year.   The  Department  shall give notice of its decision to
25    the owner of the property by  certified  mail.  The  decision
26    shall  be  subject  to review and hearing under Section 8-35,
27    upon application by the owner filed within 60 days after  the
28    notice  of  decision  is  mailed.   However, the extension of
29    taxes  on  the  assessment  shall  not  be  delayed  by   any
30    proceedings   under   this   Section.   If  the  property  is
31    determined  to  be  exempt,  any  taxes  extended  upon   the
32    assessment shall be abated or, if already paid, be refunded.
 
                            -133-    LRB093 05878 EFG 05971 b
 1    (Source:  P.A.  92-651,  eff.  7-11-02; 92-658, eff. 7-16-02;
 2    revised 7-26-02.)

 3        (35 ILCS 200/18-92)
 4        Sec.  18-92.  Downstate  School  Finance  Authority   for
 5    Elementary  Districts  Law.  The  provisions  of the Truth in
 6    Taxation Law are subject  to  the  Downstate  School  Finance
 7    Authority for Elementary Districts Law.
 8    (Source: P.A. 92-855, eff. 12-6-02.)

 9        (35 ILCS 200/18-93)
10        Sec.  18-93  18-92.  Maywood  Public Library District Tax
11    Levy Validation (2002) Law.  The provisions of the  Truth  in
12    Taxation  Law  are  subject  to  the  Maywood  Public Library
13    District Tax Levy Validation (2002) Law.
14    (Source: P.A. 92-884, eff. 1-13-03; revised 1-18-03.)

15        (35 ILCS 200/18-177)
16        Sec.  18-177.  Leased  low-rent  housing  abatement.   In
17    counties of 3,000,000 or more inhabitants, the  county  clerk
18    shall  abate  property  taxes  levied  by any taxing district
19    under  this  Code  on  property  that  meets  the   following
20    requirements:
21             (1)  The   property   does  not  qualify  as  exempt
22        property under Section 15-95 of this Code.
23             (2)  The property is situated in a municipality with
24        1,000,000 or more inhabitants and improved with either  a
25        multifamily dwelling or a multi-building development that
26        is   subject  to  a  leasing  agreement,  regulatory  and
27        operating agreement, or other similar instrument  with  a
28        Housing  Authority  created under the Housing Authorities
29        Act that  sets  forth  the  terms  for  leasing  low-rent
30        housing.
31             (3)  For  a  period  of  not less than 20 years, the
 
                            -134-    LRB093 05878 EFG 05971 b
 1        property and improvements are used  solely  for  low-rent
 2        housing and related uses.
 3    Property and portions of property used or intended to be used
 4    for  commercial  purposes  are not eligible for the abatement
 5    provided in this Section.
 6        A housing authority created under the Housing Authorities
 7    Act shall  file  annually  with  the  county  clerk  for  any
 8    property  eligible  for an abatement under this Section, on a
 9    form prescribed by the county clerk,  a  certificate  of  the
10    property's  use  during  the immediately preceding year.  The
11    certificate shall certify that the property or a  portion  of
12    the  property meets the requirements of this Section and that
13    the eligible residential units have been inspected within the
14    previous 90 days and  meet  or  exceed  all  housing  quality
15    standards  of  the  authority.   If  only  a  portion  of the
16    property meets  these  requirements,  the  certificate  shall
17    state the amount of that portion as a percentage of the total
18    equalized  and  assessed  value  of  the  property.   If  the
19    property is improved with an eligible multifamily dwelling or
20    multi-building  development containing residential units that
21    are  individually  assessed,  no  more  than  40%  of   those
22    residential  units  may  be  certified.   If  the property is
23    improved   with   an   eligible   multifamily   dwelling   or
24    multi-building development containing residential units  that
25    are  not  individually  assessed, the portion of the property
26    certified  shall  represent  no  more  than  40%   of   those
27    residential units.
28        The  county  clerk  shall  abate  the  taxes  only  if  a
29    certificate  of  use has been timely filed for that year.  If
30    only  a  portion  of  the  property  has  been  certified  as
31    eligible, the county clerk  shall  abate  the  taxes  in  the
32    percentage so certified.
33        Whenever   property  receives  an  abatement  under  this
34    Section, the rental rate set under the lease, regulatory  and
 
                            -135-    LRB093 05878 EFG 05971 b
 1    operating  agreement,  or  other  similar instrument for that
 2    property shall not include property taxes.
 3        No property shall be eligible for  abatement  under  this
 4    Section  if the owner of the property has any outstanding and
 5    overdue debts to the municipality in which  the  property  is
 6    situated.
 7    (Source: P.A. 92-621, eff. 7-11-02; revised 11-6-02.)

 8        (35 ILCS 200/18-101.47 rep.)
 9        Section  22.1.   The  Property  Tax  Code  is  amended by
10    repealing Section 18-101.47 as added by  Public  Acts  92-855
11    and 92-884.

12        Section      22.5.       The     Simplified     Municipal
13    Telecommunications Tax Act is  amended  by  changing  Section
14    5-50 as follows:

15        (35 ILCS 636/5-50)
16        Sec. 5-50.  Returns to the Department.
17        (a)  Commencing  on February 1, 2003, for the tax imposed
18    under subsection (a) of  Section  5-20  of  this  Act,  every
19    retailer maintaining a place of business in this State shall,
20    on  or before the last day of each month make a return to the
21    Department for the preceding calendar month, stating:
22             (1)  Its name;
23             (2)  The address of its principal place of  business
24        or  the  address  of  the principal place of business (if
25        that is a different address) from which it engages in the
26        business of transmitting telecommunications;
27             (3)  Total amount of  gross  charges  billed  by  it
28        during   the   preceding  calendar  month  for  providing
29        telecommunications during the calendar month;
30             (4)  Total  amount  received  by   it   during   the
31        preceding calendar month on credit extended;
 
                            -136-    LRB093 05878 EFG 05971 b
 1             (5)  Deductions allowed by law;
 2             (6)  Gross charges that were billed by it during the
 3        preceding  calendar month and upon the basis of which the
 4        tax is imposed;
 5             (7)  Amount of tax (computed upon Item 6);
 6             (8)  The  municipalities  to  which  the  Department
 7        shall remit the taxes and the amount of such remittances;
 8             (9)  Such  other  reasonable  information   as   the
 9        Department may require.
10        (b)  Any  retailer  required  to make payments under this
11    Section may make the payments by electronic  funds  transfer.
12    The  Department  shall  adopt rules necessary to effectuate a
13    program of electronic funds transfer. Any  retailer  who  has
14    average monthly tax billings due to the Department under this
15    Act  and  the  Telecommunications  Excise Tax Act that exceed
16    $1,000 shall make all payments by electronic  funds  transfer
17    as required by rules of the Department.
18        (c)  If  the  retailer's average monthly tax billings due
19    to the Department under this Act and  the  Telecommunications
20    Excise  Tax  Act  do  not  exceed  $1,000, the Department may
21    authorize  such  retailer's  returns  to  be   filed   on   a
22    quarter-annual  basis, with the return for January, February,
23    and March of a given year being due by  April  30th  of  that
24    year;  with  the  return  for April, May, and June of a given
25    year being due by July 31st of that year; with the return for
26    July, August, and September of a  given  year  being  due  by
27    October  31st  of that year; and with the return for October,
28    November, and December of a given year being due  by  January
29    31st of the following year.
30        (d)  If  the  retailer  is  otherwise  required to file a
31    monthly or quarterly return and  if  the  retailer's  average
32    monthly tax billings due to the Department under this Act and
33    the Telecommunications Excise Tax Act do not exceed $400, the
34    Department  may  authorize such retailer's return to be filed
 
                            -137-    LRB093 05878 EFG 05971 b
 1    on an annual basis, with the return for a  given  year  being
 2    due by January 31st of the following year.
 3        (e)  Each  retailer  whose  average monthly remittance to
 4    the Department  under this  Act  and  the  Telecommunications
 5    Excise  Tax  Act  was  $25,000  or  more during the preceding
 6    calendar year, excluding the month of highest remittance  and
 7    the month of lowest remittance in such calendar year, and who
 8    is  not  operated  by  a unit of local government, shall make
 9    estimated payments to the Department on or  before  the  7th,
10    15th,  22nd,  and  last day of the month during which the tax
11    remittance is owed to the Department in an  amount  not  less
12    than  the  lower of either 22.5% of the retailer's actual tax
13    collections for the month or 25% of the retailer's actual tax
14    collections for the same  calendar  month  of  the  preceding
15    year.   The  amount of such quarter-monthly payments shall be
16    credited against  the  final  remittance  of  the  retailer's
17    return  for  that month.  Any outstanding credit, approved by
18    the Department, arising from the  retailer's  overpayment  of
19    its  final  remittance for any month may be applied to reduce
20    the amount  of  any  subsequent  quarter-monthly  payment  or
21    credited  against  the  final  remittance  of  the retailer's
22    return for any  subsequent  month.   If  any  quarter-monthly
23    payment  is not paid at the time or in the amount required by
24    this Section, the retailer shall be liable  for  penalty  and
25    interest  on the difference between the minimum amount due as
26    a payment and the amount of such payment actually and  timely
27    paid,  except  insofar  as  the  retailer has previously made
28    payments for that month to the Department or received credits
29    in excess of the minimum payments previously due.
30        (f)  Notwithstanding any other provision of this  Section
31    containing  the  time within which a retailer may file his or
32    her return, in the case of any retailer who ceases to  engage
33    in  a  kind of business that makes him or her responsible for
34    filing returns under this Section, the retailer shall file  a
 
                            -138-    LRB093 05878 EFG 05971 b
 1    final  return under this Section with the Department not more
 2    than one month after discontinuing such business.
 3        (g)  In making such return, the retailer shall  determine
 4    the  value  of any consideration other than money received by
 5    it and such retailer shall include the value in  its  return.
 6    Such determination shall be subject to review and revision by
 7    the  Department  in  the  manner hereinafter provided for the
 8    correction of returns.
 9        (h)  Any retailer who has average  monthly  tax  billings
10    due    to   the   Department   under   this   Act   and   the
11    Telecommunications Excise Tax Act that  exceed  $1,000  shall
12    file  the return required by this Section by electronic means
13    as required by rules of the Department.
14        (i)  The retailer filing the return herein  provided  for
15    shall,  at  the  time  of  filing  the  return,  pay  to  the
16    Department  the  amounts  due  pursuant  to  this  Act.   The
17    Department shall immediately pay over to the State Treasurer,
18    ex officio, as trustee, 99.5% of all  taxes,  penalties,  and
19    interest  collected  hereunder for deposit into the Municipal
20    Telecommunications  Fund,  which  is  hereby  created.    The
21    remaining 0.5% received by the Department  pursuant  to  this
22    Act   shall   be   deposited  into  the  Tax  Compliance  and
23    Administration Fund and shall  be  used  by  the  Department,
24    subject   to   appropriation,  to  cover  the  costs  of  the
25    Department.
26        On or before the 25th day of  each  calendar  month,  the
27    Department  shall  prepare and certify to the Comptroller the
28    disbursement of stated sums of money  to  be  paid  to  named
29    municipalities from the Municipal Telecommunications Fund for
30    amounts collected during the second preceding calendar month.
31    The   named  municipalities  shall  be  those  municipalities
32    identified by a retailer in such retailer's return as  having
33    imposed  the  tax authorized by the Act.  The amount of money
34    to be paid to each municipality  shall  be  the  amount  (not
 
                            -139-    LRB093 05878 EFG 05971 b
 1    including  credit  memoranda)  collected hereunder during the
 2    second preceding calendar month by the  Department,  plus  an
 3    amount  the  Department determines is necessary to offset any
 4    amounts  that  were  erroneously  erronenously  paid   to   a
 5    different  taxing  body, and not including an amount equal to
 6    the amount  of  refunds  made  during  the  second  preceding
 7    calendar   month   by   the  Department  on  behalf  of  such
 8    municipality,  and  not  including  any   amount   that   the
 9    Department  determines is necessary to offset any amount that
10    were payable to a different taxing body but were  erroneously
11    paid  to  the  municipality.  Within 10 days after receipt by
12    the Comptroller of the disbursement  certification  from  the
13    Department,  the  Comptroller  shall  cause  the orders to be
14    drawn for the  respective  amounts  in  accordance  with  the
15    directions  contained  in the certification.  When certifying
16    to the Comptroller the amount of a monthly disbursement to  a
17    municipality   under   this  Section,  the  Department  shall
18    increase or decrease the amount by  an  amount  necessary  to
19    offset  any  misallocation  of  previous  disbursements.  The
20    offset amount  shall  be  the  amount  erroneously  disbursed
21    within the previous 6 months from the time a misallocation is
22    discovered.
23        (j)  For  municipalities  with  populations  of less than
24    500,000, whenever the Department  determines  that  a  refund
25    shall  be  made  under  this Section to a claimant instead of
26    issuing a credit memorandum, the Department  shall notify the
27    State Comptroller, who shall cause the order to be drawn  for
28    the   amount  specified  and  to  the  person  named  in  the
29    notification from the Department.  The refund shall  be  paid
30    by    the    State    Treasurer    out   of   the   Municipal
31    Telecommunications Fund.
32    (Source: P.A. 92-526, eff. 7-1-02; revised 2-17-03.)

33        Section 23.  The Illinois  Pension  Code  is  amended  by
 
                            -140-    LRB093 05878 EFG 05971 b
 1    changing  Sections 8-137, 8-138, 11-134, and 11-134.1 and the
 2    Article 9 and 13 headings as follows:

 3        (40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137)
 4        Sec. 8-137.  Automatic increase in annuity.
 5        (a)  An employee who  retired  or  retires  from  service
 6    after  December  31,  1959 and before January 1, 1987, having
 7    attained age 60 or more, shall, in January of the year  after
 8    the year in which the first anniversary of retirement occurs,
 9    have the amount of his then fixed and payable monthly annuity
10    increased  by 1 1/2%, and such first fixed annuity as granted
11    at retirement increased by a further 1  1/2%  in  January  of
12    each  year  thereafter.   Beginning  with January of the year
13    1972, such increases shall be at the rate of 2%  in  lieu  of
14    the aforesaid specified 1 1/2%, and beginning with January of
15    the  year  1984  such  increases  shall be at the rate of 3%.
16    Beginning in January of 1999, such increases shall be at  the
17    rate   of  3%  of  the  currently  payable  monthly  annuity,
18    including  any  increases  previously  granted   under   this
19    Article.   An  employee who retires on annuity after December
20    31, 1959 and before January 1, 1987, but before age 60, shall
21    receive such increases beginning in January of the year after
22    the year in which he attains age 60.
23        An employee who retires from service on or after  January
24    1,  1987 shall, upon the first annuity payment date following
25    the first anniversary of the date of retirement, or upon  the
26    first  annuity  payment  date following attainment of age 60,
27    whichever occurs later,  have  his  then  fixed  and  payable
28    monthly  annuity  increased  by 3%, and such annuity shall be
29    increased by an additional 3% of the original  fixed  annuity
30    on  the same date each year thereafter.  Beginning in January
31    of 1999, such increases shall be at the rate  of  3%  of  the
32    currently  payable  monthly  annuity, including any increases
33    previously granted under this Article.
 
                            -141-    LRB093 05878 EFG 05971 b
 1        (a-5)  Notwithstanding the provisions of subsection  (a),
 2    upon  the  first annuity payment date following (1) the third
 3    anniversary of retirement, (2) the attainment of age  53,  or
 4    (3)  January  1,  2002,  the date 60 days after the effective
 5    date of this amendatory Act of  the  92nd  General  Assembly,
 6    whichever  occurs  latest, the monthly annuity of an employee
 7    who retires on annuity prior to the attainment of age 60  and
 8    who  has  not received an increase under subsection (a) shall
 9    be increased by 3%, and the such annuity shall  be  increased
10    by  an  additional 3% of the current payable monthly annuity,
11    including any such increases previously  granted  under  this
12    Article,   on  the  same  date  each  year  thereafter.   The
13    increases provided under this subsection are in lieu  of  the
14    increases provided in subsection (a).
15        (b)  Subsections  (a)  and (a-5) are not applicable to an
16    employee retiring and receiving a  term  annuity,  as  herein
17    defined,  nor to any otherwise qualified employee who retires
18    before he makes employee contributions (at the 1/2 of 1% rate
19    as provided in this Act) for this additional annuity for  not
20    less  than  the  equivalent of one full year.  Such employee,
21    however, shall make arrangement to pay to the fund a  balance
22    of  such  1/2 of 1% contributions, based on his final salary,
23    as will bring such 1/2 of 1% contributions, computed  without
24    interest,  to  the  equivalent of or completion of one year's
25    contributions.
26        Beginning  with  January,  1960,  each   employee   shall
27    contribute  by  means  of salary deductions 1/2 of 1% of each
28    salary payment, concurrently with  and  in  addition  to  the
29    employee contributions otherwise made for annuity purposes.
30        Each such additional contribution shall be credited to an
31    account  in  the  prior  service annuity reserve, to be used,
32    together with city contributions, to defray the cost  of  the
33    specified  annuity increments. Any balance in such account at
34    the beginning of each calendar year shall  be  credited  with
 
                            -142-    LRB093 05878 EFG 05971 b
 1    interest at the rate of 3% per annum.
 2        Such    additional   employee   contributions   are   not
 3    refundable, except to an employee who withdraws  and  applies
 4    for  refund  under  this  Article,  and in cases where a term
 5    annuity becomes payable.  In  such  cases  his  contributions
 6    shall  be  refunded,  without  interest,  and charged to such
 7    account in the prior service annuity reserve.
 8    (Source: P.A. 92-599,  eff.  6-28-02;  92-609,  eff.  7-1-02;
 9    revised 8-26-02.)

10        (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
11        Sec. 8-138.  Minimum annuities - Additional provisions.
12        (a)  An  employee who withdraws after age 65 or more with
13    at least 20 years of service, for whom the amount of age  and
14    service  and  prior service annuity combined is less than the
15    amount stated  in  this  Section,  shall  from  the  date  of
16    withdrawal,  instead  of all annuities otherwise provided, be
17    entitled to receive an annuity for life of $150 a year,  plus
18    1  1/2%  for each year of service, to and including 20 years,
19    and 1 2/3% for each year of service over  20  years,  of  his
20    highest  average  annual  salary  for any 4 consecutive years
21    within the last 10 years of service immediately preceding the
22    date of withdrawal.
23        An employee who withdraws  after  20  or  more  years  of
24    service, before age 65, shall be entitled to such annuity, to
25    begin not earlier than upon attained age of 55 years if under
26    such  age  at withdrawal, reduced by 2% for each full year or
27    fractional part thereof that his attained age  is  less  than
28    65,  plus  an  additional  2% reduction for each full year or
29    fractional part thereof that his attained age when annuity is
30    to begin is less than 60 so that the total reduction  at  age
31    55 shall be 30%.
32        (b)  An employee who withdraws after July 1, 1957, at age
33    60  or  over,  with 20 or more years of service, for whom the
 
                            -143-    LRB093 05878 EFG 05971 b
 1    age and service and prior service annuity combined,  is  less
 2    than  the  amount  stated  in this paragraph, shall, from the
 3    date of withdrawal, instead of such annuities, be entitled to
 4    receive an annuity for life equal to 1 2/3% for each year  of
 5    service,  of  the  highest  average  annual  salary for any 5
 6    consecutive  years  within  the  last  10  years  of  service
 7    immediately preceding the date of withdrawal; provided,  that
 8    in the case of any employee who withdraws on or after July 1,
 9    1971,  such  employee age 60 or over with 20 or more years of
10    service, shall receive an annuity for life equal to 1.67% for
11    each of the first 10 years of service; 1.90% for each of  the
12    next  10  years of service; 2.10% for each year of service in
13    excess of 20 but not exceeding 30; and 2.30% for each year of
14    service in excess of 30, based on the highest average  annual
15    salary  for  any 4 consecutive years within the last 10 years
16    of service immediately preceding the date of withdrawal.
17        An employee who withdraws after July 1, 1957  and  before
18    January 1, 1988, with 20 or more years of service, before age
19    60  years  is  entitled to annuity, to begin not earlier than
20    upon  attained  age  of  55  years,  if  under  such  age  at
21    withdrawal, as computed  in  the  last  preceding  paragraph,
22    reduced  0.25% for each full month or fractional part thereof
23    that his attained age when annuity is to begin is  less  than
24    60  if  the employee was born before January 1, 1936, or 0.5%
25    for each such month if the employee  was  born  on  or  after
26    January 1, 1936.
27        Any  employee  born before January 1, 1936, who withdraws
28    with 20 or more years of service, and any employee with 20 or
29    more years of service who withdraws on or  after  January  1,
30    1988,  may  elect  to  receive, in lieu of any other employee
31    annuity provided in this Section, an annuity for  life  equal
32    to 1.80% for each of the first 10 years of service, 2.00% for
33    each  of the next 10 years of service, 2.20% for each year of
34    service in excess of 20 but not exceeding 30, and  2.40%  for
 
                            -144-    LRB093 05878 EFG 05971 b
 1    each  year of service in excess of 30, of the highest average
 2    annual salary for any 4 consecutive years within the last  10
 3    years   of   service   immediately   preceding  the  date  of
 4    withdrawal, to begin not earlier than upon attained age of 55
 5    years, if under such age at  withdrawal,  reduced  0.25%  for
 6    each  full month or fractional part thereof that his attained
 7    age when annuity is to begin is less than 60; except that  an
 8    employee  retiring  on or after January 1, 1988, at age 55 or
 9    over but less than age  60,  having  at  least  35  years  of
10    service, or an employee retiring on or after July 1, 1990, at
11    age 55 or over but less than age 60, having at least 30 years
12    of service, or an employee retiring on or after the effective
13    date  of  this  amendatory Act of 1997, at age 55 or over but
14    less than age 60, having at least 25 years of service,  shall
15    not be subject to the reduction in retirement annuity because
16    of retirement below age 60.
17        However,  in  the  case  of an employee who retired on or
18    after January 1, 1985 but before January 1, 1988, at  age  55
19    or  older  and with at least 35 years of service, and who was
20    subject  under  this  subsection  (b)  to  the  reduction  in
21    retirement annuity because of retirement below age  60,  that
22    reduction  shall  cease  to be effective January 1, 1991, and
23    the retirement annuity shall be recalculated accordingly.
24        Any employee who withdraws on or after July 1, 1990, with
25    20 or more years of service, may elect to receive, in lieu of
26    any other employee  annuity  provided  in  this  Section,  an
27    annuity  for  life equal to 2.20% for each year of service if
28    withdrawal is before January  1,  2002,  60  days  after  the
29    effective  date  of  this  amendatory Act of the 92nd General
30    Assembly, or 2.40% for each year of service if withdrawal  is
31    on or after January 1, 2002, 60 days after the effective date
32    of this amendatory Act of the 92nd General Assembly or later,
33    of  the  highest  average annual salary for any 4 consecutive
34    years  within  the  last  10  years  of  service  immediately
 
                            -145-    LRB093 05878 EFG 05971 b
 1    preceding the date of withdrawal, to begin not  earlier  than
 2    upon  attained  age  of  55  years,  if  under  such  age  at
 3    withdrawal,  reduced  0.25% for each full month or fractional
 4    part thereof that his attained age when annuity is  to  begin
 5    is  less  than 60; except that an employee retiring at age 55
 6    or over but less than age 60, having at  least  30  years  of
 7    service,  shall not be subject to the reduction in retirement
 8    annuity because of retirement below age 60.
 9        Any employee who withdraws on or after the effective date
10    of this amendatory Act of 1997  with  20  or  more  years  of
11    service  may  elect to receive, in lieu of any other employee
12    annuity provided in this Section, an annuity for  life  equal
13    to  2.20%  for  each year of service, if withdrawal is before
14    January 1, 2002, 60 days after the  effective  date  of  this
15    amendatory  Act  of  the  92nd General Assembly, or 2.40% for
16    each year of service if withdrawal is on or after January  1,
17    2002, 60 days after the effective date of this amendatory Act
18    of the 92nd General Assembly or later, of the highest average
19    annual  salary for any 4 consecutive years within the last 10
20    years  of  service  immediately   preceding   the   date   of
21    withdrawal,  to begin not earlier than upon attainment of age
22    55 (age 50 if the employee has at least 30 years of service),
23    reduced 0.25% for each full  month  or  remaining  fractional
24    part thereof that the employee's attained age when annuity is
25    to begin is less than 60; except that an employee retiring at
26    age 50 or over with at least 30 years of service or at age 55
27    or  over  with  at  least  25  years  of service shall not be
28    subject to the reduction in  retirement  annuity  because  of
29    retirement below age 60.
30        The  maximum  annuity  payable  under part (a) and (b) of
31    this Section shall not exceed 70% of highest  average  annual
32    salary in the case of an employee who withdraws prior to July
33    1,  1971,  75%  if withdrawal takes place on or after July 1,
34    1971 and  prior  to  January  1,  2002,  60  days  after  the
 
                            -146-    LRB093 05878 EFG 05971 b
 1    effective  date  of  this  amendatory Act of the 92nd General
 2    Assembly, or 80%  if  withdrawal  takes  place  on  or  after
 3    January  1,  2002 is 60 days after the effective date of this
 4    amendatory Act of the 92nd General Assembly  or  later.   For
 5    the  purpose  of the minimum annuity provided in this Section
 6    $1,500 is considered the minimum annual salary for any  year;
 7    and  the  maximum  annual  salary for the computation of such
 8    annuity is $4,800 for any year before  1953,  $6000  for  the
 9    years  1953 to 1956, inclusive, and the actual annual salary,
10    as  salary  is  defined  in  this  Article,  for   any   year
11    thereafter.
12        To  preserve  rights  existing  on December 31, 1959, for
13    participants and  contributors  on  that  date  to  the  fund
14    created  by  the  Court and Law Department Employees' Annuity
15    Act, who became participants in  the  fund  provided  for  on
16    January  1,  1960, the maximum annual salary to be considered
17    for such persons for the years 1955 and 1956 is $7,500.
18        (c)  For an employee receiving  disability  benefit,  his
19    salary  for  annuity purposes under paragraphs (a) and (b) of
20    this  Section,  for  all  periods   of   disability   benefit
21    subsequent  to  the  year  1956,  is  the amount on which his
22    disability benefit was based.
23        (d)  An employee with 20 or more years of service,  whose
24    entire   disability  benefit  credit  period  expires  before
25    attainment of age 55 while still  disabled  for  service,  is
26    entitled  upon  withdrawal  to  the larger of (1) the minimum
27    annuity provided above, assuming  he  is  then  age  55,  and
28    reducing  such  annuity to its actuarial equivalent as of his
29    attained age on such date or (2) the  annuity  provided  from
30    his age and service and prior service annuity credits.
31        (e)  The  minimum  annuity provisions do not apply to any
32    former municipal employee receiving an annuity from the  fund
33    who  re-enters  service  as  a  municipal employee, unless he
34    renders at least 3 years of additional service after the date
 
                            -147-    LRB093 05878 EFG 05971 b
 1    of re-entry.
 2        (f)  An employee in service  on  July  1,  1947,  or  who
 3    became a contributor after July 1, 1947 and before attainment
 4    of  age  70,  who  withdraws  after age 65, with less than 20
 5    years of service for whom the annuity has  been  fixed  under
 6    this  Article shall, instead of the annuity so fixed, receive
 7    an annuity as follows:
 8        Such amount as he could have received had the accumulated
 9    amounts for  annuity  been  improved  with  interest  at  the
10    effective   rate  to  the  date  of  his  withdrawal,  or  to
11    attainment of age 70, whichever is earlier, and had the  city
12    contributed  to such earlier date for age and service annuity
13    the amount that it would have contributed had he  been  under
14    age  65,  after  the date his annuity was fixed in accordance
15    with this Article, and assuming  his  annuity  were  computed
16    from  such  accumulations as of his age on such earlier date.
17    The annuity so computed shall not exceed  the  annuity  which
18    would  be  payable under the other provisions of this Section
19    if the employee was credited with 20  years  of  service  and
20    would qualify for annuity thereunder.
21        (g)  Instead  of the annuity provided in this Article, an
22    employee having attained age 65 with at  least  15  years  of
23    service  who  withdraws from service on or after July 1, 1971
24    and whose annuity computed under  other  provisions  of  this
25    Article   is   less  than  the  amount  provided  under  this
26    paragraph, is entitled to a minimum annuity for life equal to
27    1% of the highest average annual salary, as salary is defined
28    and limited in this  Section  for  any  4  consecutive  years
29    within the last 10 years of service for each year of service,
30    plus  the  sum  of  $25 for each year of service. The annuity
31    shall not exceed 60% of such highest average annual salary.
32        (g-1)  Instead of any other retirement  annuity  provided
33    in  this  Article,  an  employee who has at least 10 years of
34    service and withdraws from service on  or  after  January  1,
 
                            -148-    LRB093 05878 EFG 05971 b
 1    1999  may  elect  to  receive  a retirement annuity for life,
 2    beginning no earlier than upon attainment of age 60, equal to
 3    2.2% if withdrawal is before January 1, 2002, 60  days  after
 4    the effective date of this amendatory Act of the 92nd General
 5    Assembly  or  2.4%  if  withdrawal  is on or after January 1,
 6    2002, 60 days after the effective date of this amendatory Act
 7    of the 92nd General  Assembly  or  later,  of  final  average
 8    salary  for each year of service, subject to a maximum of 75%
 9    of final average salary if withdrawal is  before  January  1,
10    2002,  or  80%  if withdrawal is on or after January 1, 2002.
11    For the purpose of calculating this annuity,  "final  average
12    salary"  means  the  highest  average annual salary for any 4
13    consecutive years in the last 10 years of service.
14        (h)  The minimum annuities provided  under  this  Section
15    shall be paid in equal monthly installments.
16        (i)  The  amendatory  provisions  of  part (b) and (g) of
17    this Section shall be effective July 1, 1971 and apply in the
18    case of every qualifying employee  withdrawing  on  or  after
19    July 1, 1971.
20        (j)  The  amendatory provisions of this amendatory Act of
21    1985 (P.A. 84-23) relating to the discount of annuity because
22    of retirement prior to attainment  of  age  60,  and  to  the
23    retirement  formula,  for  those born before January 1, 1936,
24    shall apply only to qualifying employees  withdrawing  on  or
25    after July 18, 1985.
26        (j-1)  The  changes  made  to  this Section by Public Act
27    92-609 this amendatory  Act  of  the  92nd  General  Assembly
28    (increasing  the  retirement  formula  to  2.4%  per  year of
29    service and increasing the maximum to 80%) apply  to  persons
30    who  withdraw  from  service  on  or  after  January 1, 2002,
31    regardless of whether that withdrawal takes place before  the
32    effective date of that this amendatory Act.  In the case of a
33    person who withdraws from service on or after January 1, 2002
34    but  begins  to  receive  a retirement annuity before July 1,
 
                            -149-    LRB093 05878 EFG 05971 b
 1    2002 the effective date of this amendatory Act,  the  annuity
 2    shall  be  recalculated,  with  the  increase  resulting from
 3    Public this amendatory Act 92-609 accruing from the date  the
 4    retirement  annuity  began.   The  changes made by Public Act
 5    92-609 control over the changes made by Public Act 92-599, as
 6    provided in Section 95 of P.A. 92-609.
 7        (k)  Beginning on January 1, 1999, the minimum amount  of
 8    employee's  annuity  shall be $850 per month for life for the
 9    following classes of employees, without regard  to  the  fact
10    that  withdrawal occurred prior to the effective date of this
11    amendatory Act of 1998:
12             (1)  any employee annuitant alive  and  receiving  a
13        life annuity on the effective date of this amendatory Act
14        of 1998, except a reciprocal annuity;
15             (2)  any  employee  annuitant  alive and receiving a
16        term annuity on the effective date of this amendatory Act
17        of 1998, except a reciprocal annuity;
18             (3)  any employee annuitant alive  and  receiving  a
19        reciprocal   annuity   on  the  effective  date  of  this
20        amendatory Act of 1998, whose service in this fund is  at
21        least 5 years;
22             (4)  any employee annuitant withdrawing after age 60
23        on  or after the effective date of this amendatory Act of
24        1998, with at least 10 years of service in this fund.
25        The increases granted under items (1),  (2)  and  (3)  of
26    this subsection (k) shall not be limited by any other Section
27    of this Act.
28    (Source:  P.A.  92-599,  eff.  6-28-02;  92-609, eff. 7-1-02;
29    revised 9-11-02.)

30        (40 ILCS 5/Art. 9 heading)
31             ARTICLE 9. COUNTY EMPLOYEES' AND OFFICERS'
32              ANNUITY AND BENEFIT FUND - COUNTIES OVER
33                    3,000,000 500,000 INHABITANTS
 
                            -150-    LRB093 05878 EFG 05971 b
 1        (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
 2        Sec. 11-134.  Minimum annuities.
 3        (a)  An employee whose withdrawal occurs  after  July  1,
 4    1957 at age 60 or over, with 20 or more years of service, (as
 5    service  is  defined or computed in Section 11-216), for whom
 6    the age and service and prior  service  annuity  combined  is
 7    less  than the amount stated in this Section, shall, from and
 8    after the date  of  withdrawal,  in  lieu  of  all  annuities
 9    otherwise provided in this Article, be entitled to receive an
10    annuity  for  life of an amount equal to 1 2/3% for each year
11    of service, of the highest average annual salary  for  any  5
12    consecutive  years  within  the  last  10  years  of  service
13    immediately  preceding the date of withdrawal; provided, that
14    in the case of any employee who withdraws on or after July 1,
15    1971, such employee age 60 or over with 20 or more  years  of
16    service,  shall be entitled to instead receive an annuity for
17    life equal to 1.67%  for  each  of  the  first  10  years  of
18    service;  1.90%  for  each  of  the next 10 years of service;
19    2.10% for each year of  service  in  excess  of  20  but  not
20    exceeding 30; and 2.30% for each year of service in excess of
21    30,  based  on  the  highest  average annual salary for any 4
22    consecutive  years  within  the  last  10  years  of  service
23    immediately preceding the date of withdrawal.
24        An employee who withdraws after July 1, 1957  and  before
25    January 1, 1988, with 20 or more years of service, before age
26    60,  shall  be  entitled  to an annuity, to begin not earlier
27    than age 55, if under such age at withdrawal, as computed  in
28    the  last  preceding paragraph, reduced 0.25% if the employee
29    was born before January 1, 1936, or 0.5% if the employee  was
30    born  on  or  after  January  1, 1936, for each full month or
31    fractional part thereof  that  his  attained  age  when  such
32    annuity is to begin is less than 60.
33        Any  employee  born  before January 1, 1936 who withdraws
34    with 20 or more years of service, and any employee with 20 or
 
                            -151-    LRB093 05878 EFG 05971 b
 1    more years of service who withdraws on or  after  January  1,
 2    1988,  may  elect  to  receive, in lieu of any other employee
 3    annuity provided in this Section, an annuity for  life  equal
 4    to 1.80% for each of the first 10 years of service, 2.00% for
 5    each  of the next 10 years of service, 2.20% for each year of
 6    service in excess of 20, but not exceeding 30, and 2.40%  for
 7    each  year of service in excess of 30, of the highest average
 8    annual salary for any 4 consecutive years within the last  10
 9    years   of   service   immediately   preceding  the  date  of
10    withdrawal, to begin not earlier than upon attained age of 55
11    years, if under such age at  withdrawal,  reduced  0.25%  for
12    each  full month or fractional part thereof that his attained
13    age when annuity is to begin is less than 60; except that  an
14    employee  retiring  on or after January 1, 1988, at age 55 or
15    over but less than age  60,  having  at  least  35  years  of
16    service, or an employee retiring on or after July 1, 1990, at
17    age 55 or over but less than age 60, having at least 30 years
18    of service, or an employee retiring on or after the effective
19    date  of  this  amendatory Act of 1997, at age 55 or over but
20    less than age 60, having at least 25 years of service,  shall
21    not be subject to the reduction in retirement annuity because
22    of retirement below age 60.
23        However,  in  the  case  of an employee who retired on or
24    after January 1, 1985 but before January 1, 1988, at  age  55
25    or  older  and with at least 35 years of service, and who was
26    subject  under  this  subsection  (a)  to  the  reduction  in
27    retirement annuity because of retirement below age  60,  that
28    reduction  shall  cease  to be effective January 1, 1991, and
29    the retirement annuity shall be recalculated accordingly.
30        Any employee who withdraws on or after July 1, 1990, with
31    20 or more years of service, may elect to receive, in lieu of
32    any other employee  annuity  provided  in  this  Section,  an
33    annuity  for  life equal to 2.20% for each year of service if
34    withdrawal is before January  1,  2002,  60  days  after  the
 
                            -152-    LRB093 05878 EFG 05971 b
 1    effective  date  of  this  amendatory Act of the 92nd General
 2    Assembly, or 2.40% for each year of service if withdrawal  is
 3    on or after January 1, 2002, 60 days after the effective date
 4    of this amendatory Act of the 92nd General Assembly or later,
 5    of  the  highest  average annual salary for any 4 consecutive
 6    years  within  the  last  10  years  of  service  immediately
 7    preceding the date of withdrawal, to begin not  earlier  than
 8    upon  attained  age  of  55  years,  if  under  such  age  at
 9    withdrawal,  reduced  0.25% for each full month or fractional
10    part thereof that his attained age when annuity is  to  begin
11    is  less  than 60; except that an employee retiring at age 55
12    or over but less than age 60, having at  least  30  years  of
13    service,  shall not be subject to the reduction in retirement
14    annuity because of retirement below age 60.
15        Any employee who withdraws on or after the effective date
16    of this amendatory Act of 1997  with  20  or  more  years  of
17    service  may  elect to receive, in lieu of any other employee
18    annuity provided in this Section, an annuity for  life  equal
19    to  2.20%  for  each  year of service if withdrawal is before
20    January 1, 2002, 60 days after the  effective  date  of  this
21    amendatory  Act  of  the  92nd General Assembly, or 2.40% for
22    each year of service if withdrawal is on or after January  1,
23    2002, 60 days after the effective date of this amendatory Act
24    of the 92nd General Assembly or later, of the highest average
25    annual  salary for any 4 consecutive years within the last 10
26    years  of  service  immediately   preceding   the   date   of
27    withdrawal,  to begin not earlier than upon attainment of age
28    55 (age 50 if the employee has at least 30 years of service),
29    reduced 0.25% for each full  month  or  remaining  fractional
30    part thereof that the employee's attained age when annuity is
31    to begin is less than 60; except that an employee retiring at
32    age 50 or over with at least 30 years of service or at age 55
33    or  over  with  at  least  25  years  of service shall not be
34    subject to the reduction in  retirement  annuity  because  of
 
                            -153-    LRB093 05878 EFG 05971 b
 1    retirement below age 60.
 2        The  maximum  annuity payable under this paragraph (a) of
 3    this Section shall not exceed 70% of highest  average  annual
 4    salary in the case of an employee who withdraws prior to July
 5    1,  1971,  75%  if withdrawal takes place on or after July 1,
 6    1971 and  prior  to  January  1,  2002,  60  days  after  the
 7    effective  date  of  this  amendatory Act of the 92nd General
 8    Assembly, or 80% if withdrawal is on or after January 1, 2002
 9    60 days after the effective date of this  amendatory  Act  of
10    the  92nd  General Assembly or later.  For the purpose of the
11    minimum annuity provided in said paragraphs $1,500  shall  be
12    considered  the  minimum  annual salary for any year; and the
13    maximum annual salary to be considered for the computation of
14    such annuity shall be $4,800 for  any  year  prior  to  1953,
15    $6,000  for the years 1953 to 1956, inclusive, and the actual
16    annual salary, as salary is defined in this Article, for  any
17    year thereafter.
18        (b)  For  an  employee  receiving disability benefit, his
19    salary for annuity purposes under this Section shall, for all
20    periods of disability benefit subsequent to the year 1956, be
21    the amount on which his disability benefit was based.
22        (c)  An employee with 20 or more years of service,  whose
23    entire  disability  benefit  credit  period  expires prior to
24    attainment of age 55 while still disabled for service,  shall
25    be  entitled upon withdrawal to the larger of (1) the minimum
26    annuity provided above assuming that he is then age  55,  and
27    reducing  such  annuity  to  its  actuarial equivalent at his
28    attained age on such date, or (2) the annuity  provided  from
29    his age and service and prior service annuity credits.
30        (d)  The  minimum  annuity  provisions as aforesaid shall
31    not apply to any former employee receiving  an  annuity  from
32    the fund, and who re-enters service as an employee, unless he
33    renders at least 3 years of additional service after the date
34    of re-entry.
 
                            -154-    LRB093 05878 EFG 05971 b
 1        (e)  An  employee  in  service  on  July  1, 1947, or who
 2    became a contributor after July 1, 1947 and prior to July  1,
 3    1950,  or  who  shall  become a contributor to the fund after
 4    July 1, 1950 prior to attainment of  age  70,  who  withdraws
 5    after age 65 with less than 20 years of service, for whom the
 6    annuity  has  been fixed under the foregoing Sections of this
 7    Article shall, in lieu of the annuity so  fixed,  receive  an
 8    annuity as follows:
 9        Such amount as he could have received had the accumulated
10    amounts  for  annuity  been  improved  with  interest  at the
11    effective  rate  to  the  date  of  his  withdrawal,  or   to
12    attainment  of age 70, whichever is earlier, and had the city
13    contributed to such earlier date for age and service  annuity
14    the amount that would have been contributed had he been under
15    age  65,  after  the date his annuity was fixed in accordance
16    with this Article, and assuming  his  annuity  were  computed
17    from  such  accumulations as of his age on such earlier date.
18    The annuity so computed shall not exceed  the  annuity  which
19    would  be  payable under the other provisions of this Section
20    if the employee was credited with 20  years  of  service  and
21    would qualify for annuity thereunder.
22        (f)  In  lieu  of  the annuity provided in this or in any
23    other Section of this Article, an  employee  having  attained
24    age  65  with at least 15 years of service who withdraws from
25    service on or after July 1, 1971 and whose  annuity  computed
26    under  other  provisions  of  this  Article  is less than the
27    amount provided under this paragraph  shall  be  entitled  to
28    receive  a minimum annual annuity for life equal to 1% of the
29    highest average annual salary for  any  4  consecutive  years
30    within  the  last  10  years of service immediately preceding
31    retirement for each year of his service plus the sum  of  $25
32    for  each  year  of  service.  Such  annual annuity shall not
33    exceed the maximum percentages stated under paragraph (a)  of
34    this Section of such highest average annual salary.
 
                            -155-    LRB093 05878 EFG 05971 b
 1        (f-1)  Instead  of  any other retirement annuity provided
 2    in this Article, an employee who has at  least  10  years  of
 3    service  and  withdraws  from  service on or after January 1,
 4    1999 may elect to receive  a  retirement  annuity  for  life,
 5    beginning no earlier than upon attainment of age 60, equal to
 6    2.2%  if  withdrawal is before January 1, 2002, 60 days after
 7    the effective date of this amendatory Act of the 92nd General
 8    Assembly or 2.4% for each year of service if withdrawal is on
 9    or after January 1, 2002, 60 days after the effective date of
10    this amendatory Act of the 92nd General Assembly or later, of
11    final average salary for each year of service, subject  to  a
12    maximum  of  75%  of  final  average  salary if withdrawal is
13    before January 1, 2002, 60 days after the effective  date  of
14    this  amendatory  Act of the 92nd General Assembly, or 80% if
15    withdrawal is on or after January 1, 2002 60 days  after  the
16    effective  date  of  this  amendatory Act of the 92nd General
17    Assembly or later.   For  the  purpose  of  calculating  this
18    annuity,  "final  average  salary"  means the highest average
19    annual salary for any 4 consecutive  years  in  the  last  10
20    years of service.
21        (g)  Any  annuity payable under the preceding subsections
22    of this  Section  11-134  shall  be  paid  in  equal  monthly
23    installments.
24        (h)  The  amendatory  provisions  of  part (a) and (f) of
25    this Section shall be effective July 1, 1971 and apply in the
26    case of every qualifying employee  withdrawing  on  or  after
27    July 1, 1971.
28        (h-1)  The  changes  made  to  this Section by Public Act
29    92-609 this amendatory  Act  of  the  92nd  General  Assembly
30    (increasing  the  retirement  formula  to  2.4%  per  year of
31    service and increasing the maximum to 80%) apply  to  persons
32    who  withdraw  from  service  on  or  after  January 1, 2002,
33    regardless of whether that withdrawal takes place before  the
34    effective date of that this amendatory Act.  In the case of a
 
                            -156-    LRB093 05878 EFG 05971 b
 1    person who withdraws from service on or after January 1, 2002
 2    but  begins  to  receive  a retirement annuity before July 1,
 3    2002 the effective date of this amendatory Act,  the  annuity
 4    shall  be  recalculated,  with  the  increase  resulting from
 5    Public this amendatory Act 92-609 accruing from the date  the
 6    retirement  annuity  began.   The  changes made by Public Act
 7    92-609 control over the changes made by Public Act 92-599, as
 8    provided in Section 95 of P.A. 92-609.
 9        (i)  The amendatory provisions of this amendatory Act  of
10    1985   relating   to  the  discount  of  annuity  because  of
11    retirement prior to attainment of age 60 and  increasing  the
12    retirement  formula  for  those  born before January 1, 1936,
13    shall apply only to qualifying employees  withdrawing  on  or
14    after August 16, 1985.
15        (j)  Beginning  on January 1, 1999, the minimum amount of
16    employee's annuity shall be $850 per month for life  for  the
17    following  classes  of  employees, without regard to the fact
18    that withdrawal occurred prior to the effective date of  this
19    amendatory Act of 1998:
20             (1)  any  employee  annuitant  alive and receiving a
21        life annuity on the effective date of this amendatory Act
22        of 1998, except a reciprocal annuity;
23             (2)  any employee annuitant alive  and  receiving  a
24        term annuity on the effective date of this amendatory Act
25        of 1998, except a reciprocal annuity;
26             (3)  any  employee  annuitant  alive and receiving a
27        reciprocal  annuity  on  the  effective  date   of   this
28        amendatory  Act of 1998, whose service in this fund is at
29        least 5 years;
30             (4)  any employee annuitant withdrawing after age 60
31        on or after the effective date of this amendatory Act  of
32        1998, with at least 10 years of service in this fund.
33        The  increases  granted  under  items (1), (2) and (3) of
34    this subsection (j) shall not be limited by any other Section
 
                            -157-    LRB093 05878 EFG 05971 b
 1    of this Act.
 2    (Source: P.A. 92-599,  eff.  6-28-02;  92-609,  eff.  7-1-02;
 3    revised 9-11-02.)

 4        (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1)
 5        Sec. 11-134.1. Automatic increase in annuity.
 6        (a)  An  employee  who  retired  or  retires from service
 7    after December 31, 1963, and before January 1,  1987,  having
 8    attained  age  60  or more, shall, in the month of January of
 9    the year following the year in which the first anniversary of
10    retirement occurs, have the amount  of  his  then  fixed  and
11    payable  monthly  annuity increased by 1 1/2%, and such first
12    fixed annuity as granted at retirement increased by a further
13    1 1/2% in January of each  year  thereafter.  Beginning  with
14    January of the year 1972, such increases shall be at the rate
15    of  2%  in  lieu of the aforesaid specified 1 1/2%. Beginning
16    January, 1984, such increases shall be at  the  rate  of  3%.
17    Beginning  in January of 1999, such increases shall be at the
18    rate  of  3%  of  the  currently  payable  monthly   annuity,
19    including   any   increases  previously  granted  under  this
20    Article.  An employee who retires on annuity  after  December
21    31,  1963  and  before  January 1, 1987, but prior to age 60,
22    shall receive such increases beginning with  January  of  the
23    year  immediately  following the year in which he attains the
24    age of 60 years.
25        An employee who retires from service on or after  January
26    1,  1987 shall, upon the first annuity payment date following
27    the first anniversary of the date of retirement, or upon  the
28    first  annuity  payment  date following attainment of age 60,
29    whichever occurs later,  have  his  then  fixed  and  payable
30    monthly  annuity  increased  by 3%, and such annuity shall be
31    increased by an additional 3% of the original  fixed  annuity
32    on  the same date each year thereafter.  Beginning in January
33    of 1999, such increases shall be at the rate  of  3%  of  the
 
                            -158-    LRB093 05878 EFG 05971 b
 1    currently  payable  monthly  annuity, including any increases
 2    previously granted under this Article.
 3        (a-5) Notwithstanding the provisions of  subsection  (a),
 4    upon  the  first annuity payment date following (1) the third
 5    anniversary of retirement, (2) the attainment of age  53,  or
 6    (3)  January  1,  2002,  the date 60 days after the effective
 7    date of this amendatory Act of  the  92nd  General  Assembly,
 8    whichever  occurs  latest, the monthly annuity of an employee
 9    who retires on annuity prior to the attainment of age 60  and
10    who  has  not received an increase under subsection (a) shall
11    be increased by 3%, and the such annuity shall  be  increased
12    by  an  additional 3% of the current payable monthly annuity,
13    including any such increases previously  granted  under  this
14    Article,   on  the  same  date  each  year  thereafter.   The
15    increases provided under this subsection are in lieu  of  the
16    increases provided in subsection (a).
17        (b)  Subsections  (a)  and (a-5) are not applicable to an
18    employee retiring and receiving a term annuity, as defined in
19    this Article, nor to any  otherwise  qualified  employee  who
20    retires  before he shall have made employee contributions (at
21    the 1/2 of 1% rate as hereinafter provided) for the  purposes
22    of  this  additional annuity for not less than the equivalent
23    of  one  full  year.   Such  employee,  however,  shall  make
24    arrangement to pay to the fund a balance of such  1/2  of  1%
25    contributions,  based on his final salary, as will bring such
26    1/2 of 1% contributions, computed without  interest,  to  the
27    equivalent of or completion of one year's contributions.
28        Beginning  with the month of January, 1964, each employee
29    shall contribute by means of salary deductions 1/2 of  1%  of
30    each salary payment, concurrently with and in addition to the
31    employee contributions otherwise made for annuity purposes.
32        Each  such  additional  employee  contribution  shall  be
33    credited  to an account in the prior service annuity reserve,
34    to be used, together with city contributions, to  defray  the
 
                            -159-    LRB093 05878 EFG 05971 b
 1    cost  of  the specified annuity increments. Any balance as of
 2    the beginning of each calendar year existing in such  account
 3    shall be credited with interest at the rate of 3% per annum.
 4        Such  employee  contributions  shall  not  be  subject to
 5    refund, except to an employee who resigns  or  is  discharged
 6    and  applies for refund under this Article, and also in cases
 7    where a term annuity becomes payable.
 8        In  such  cases  the  employee  contributions  shall   be
 9    refunded   him,   without   interest,   and  charged  to  the
10    aforementioned account in the prior service annuity reserve.
11    (Source: P.A. 92-599,  eff.  6-28-02;  92-609,  eff.  7-1-02;
12    revised 8-26-02.)

13        (40 ILCS 5/Art. 13 heading)
14             ARTICLE 13.  METROPOLITAN WATER RECLAMATION
15             DISTRICT RETIREMENT FUND SANITARY DISTRICT
16          EMPLOYEE'S AND TRUSTEES' ANNUITY AND BENEFIT FUND

17        Section  24.   The  Interstate Compact for Adult Offender
18    Supervision is amended by renumbering  multiple  versions  of
19    Section 110 as follows:

20        (45 ILCS 170/110)
21        Sec. 110. (Amendatory provisions; text omitted.)
22    (Source: P.A. 92-571, eff. 6-26-02; text omitted.)

23        (45 ILCS 170/115)
24        Sec. 115. 110. The Unified Code of Corrections is amended
25    by repealing Section 3-3-11.
26    (Source: P.A. 92-571, eff. 6-26-02; revised 7-15-02.)

27        Section 25. The Emergency Telephone System Act is amended
28    by changing Section 15.3 as follows:
 
                            -160-    LRB093 05878 EFG 05971 b
 1        (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
 2        Sec. 15.3. Surcharge.
 3        (a)  The corporate authorities of any municipality or any
 4    county  may,  subject  to the limitations of subsections (c),
 5    (d), and (h), and in addition to any tax levied  pursuant  to
 6    the Simplified Municipal Telecommunications Tax Act, impose a
 7    monthly surcharge on billed subscribers of network connection
 8    provided   by   telecommunication  carriers  engaged  in  the
 9    business of transmitting messages  by  means  of  electricity
10    originating  within  the corporate limits of the municipality
11    or county imposing  the  surcharge  at  a  rate  per  network
12    connection  determined  in  accordance  with  subsection (c).
13    Provided,  however,   that   where   multiple   voice   grade
14    communications    channels    are   connected   between   the
15    subscriber's premises and a public switched  network  through
16    private  branch  exchange  (PBX)  or  centrex type service, a
17    municipality imposing a  surcharge  at  a  rate  per  network
18    connection,  as determined in accordance with this Act, shall
19    impose  5  such  surcharges  per   network   connection,   as
20    determined  in  accordance  with  subsections  (a) and (d) of
21    Section 2.12 of this  Act.    For  mobile  telecommunications
22    services, if a surcharge is imposed it shall be imposed based
23    upon   the   municipality  or  county  that  encompasses  the
24    customer's place of primary use  as  defined  in  the  Mobile
25    Telecommunications  Sourcing  Conformity Act.  A municipality
26    may enter into an intergovernmental agreement with any county
27    in which it is partially located, when the county has adopted
28    an ordinance to impose a surcharge as provided in  subsection
29    (c),  to  include  that  portion  of  the  municipality lying
30    outside the county in that county's surcharge referendum.  If
31    the county's surcharge referendum is approved, the portion of
32    the  municipality   identified   in   the   intergovernmental
33    agreement shall automatically be disconnected from the county
34    in  which  it lies and connected to the county which approved
 
                            -161-    LRB093 05878 EFG 05971 b
 1    the   referendum   for   purposes   of   a    surcharge    on
 2    telecommunications carriers.
 3        (b)  For  purposes  of computing the surcharge imposed by
 4    subsection  (a),  the  network  connections  to   which   the
 5    surcharge  shall  apply  shall  be  those  in-service network
 6    connections, other than those network connections assigned to
 7    the municipality or county, where  the  service  address  for
 8    each such network connection or connections is located within
 9    the  corporate  limits  of the municipality or county levying
10    the surcharge.  Except for mobile telecommunication services,
11    the "service address" shall mean the location of the  primary
12    use  of  the  network  connection or connections.  For mobile
13    telecommunication  services,  "service  address"  means   the
14    customer's  place  of  primary  use  as defined in the Mobile
15    Telecommunications Sourcing Conformity Act.  With respect  to
16    network  connections  provided  for  use  with  pay telephone
17    services  for  which  there  is  no  billed  subscriber,  the
18    telecommunications carrier providing the  network  connection
19    shall  be deemed to be its own billed subscriber for purposes
20    of applying the surcharge.
21        (c)  Upon  the  passage  of  an  ordinance  to  impose  a
22    surcharge under this Section the clerk of the municipality or
23    county shall certify the question of  whether  the  surcharge
24    may  be  imposed  to  the proper election authority who shall
25    submit  the  public  question  to   the   electors   of   the
26    municipality   or  county  in  accordance  with  the  general
27    election law;  provided  that  such  question  shall  not  be
28    submitted  at  a  consolidated  primary election.  The public
29    question shall be in substantially the following form:
30    -------------------------------------------------------------
31        Shall the county (or city, village
32    or incorporated town) of ..... impose          YES
33    a surcharge of up to ...¢ per month per
34    network connection, which surcharge will
 
                            -162-    LRB093 05878 EFG 05971 b
 1    be added to the monthly bill you receive   ------------------
 2    for telephone or telecommunications
 3    charges, for the purpose of installing
 4    (or improving) a 9-1-1 Emergency               NO
 5    Telephone System?
 6    -------------------------------------------------------------
 7        If a majority of the votes cast upon the public  question
 8    are in favor thereof, the surcharge shall be imposed.
 9        However,  if  a Joint Emergency Telephone System Board is
10    to be created  pursuant  to  an  intergovernmental  agreement
11    under  Section  15.4,  the  ordinance to impose the surcharge
12    shall be subject to the approval of a majority of  the  total
13    number of votes cast upon the public question by the electors
14    of  all  of  the  municipalities  or counties, or combination
15    thereof, that are parties to the intergovernmental agreement.
16        The referendum requirement of this subsection  (c)  shall
17    not  apply to any municipality with a population over 500,000
18    or to any county in which  a  proposition  as  to  whether  a
19    sophisticated  9-1-1  Emergency  Telephone  System  should be
20    installed in the county, at a cost not to exceed a  specified
21    monthly  amount  per  network connection, has previously been
22    approved by a majority of the electors of the  county  voting
23    on  the  proposition  at  an  election  conducted  before the
24    effective date of this amendatory Act of 1987.
25        (d)  A  county  may  not  impose  a   surcharge,   unless
26    requested  by  a municipality, in any incorporated area which
27    has previously approved a surcharge as provided in subsection
28    (c)  or  in  any  incorporated  area  where   the   corporate
29    authorities  of the municipality have previously entered into
30    a   binding   contract   or   letter   of   intent   with   a
31    telecommunications carrier  to  provide  sophisticated  9-1-1
32    service through municipal funds.
33        (e)  A   municipality  or  county  may  at  any  time  by
34    ordinance change the rate of the surcharge imposed under this
 
                            -163-    LRB093 05878 EFG 05971 b
 1    Section if the new rate does not exceed the rate specified in
 2    the referendum held pursuant to subsection (c).
 3        (f)  The surcharge authorized by this  Section  shall  be
 4    collected  from  the  subscriber  by  the  telecommunications
 5    carrier  providing the subscriber the network connection as a
 6    separately stated item on the subscriber's bill.
 7        (g)  The   amount   of   surcharge   collected   by   the
 8    telecommunications carrier shall be paid  to  the  particular
 9    municipality  or  county  or Joint Emergency Telephone System
10    Board  not  later  than  30  days  after  the  surcharge   is
11    collected, net of any network or other 9-1-1 or sophisticated
12    9-1-1    system    charges    then    due    the   particular
13    telecommunications carrier, as shown  on  an  itemized  bill.
14    The telecommunications carrier collecting the surcharge shall
15    also  be  entitled  to  deduct  3%  of  the  gross  amount of
16    surcharge  collected  to  reimburse  the   telecommunications
17    carrier  for  the  expense  of  accounting and collecting the
18    surcharge.
19        (h)  Except as expressly provided in  subsection  (a)  of
20    this  Section,  a municipality with a population over 500,000
21    may not impose a monthly surcharge in  excess  of  $1.25  per
22    network connection.
23        (i)  Any   municipality  or  county  or  joint  emergency
24    telephone system board that has imposed a surcharge  pursuant
25    to   this  Section  prior  to  the  effective  date  of  this
26    amendatory Act of 1990 shall hereafter impose  the  surcharge
27    in accordance with subsection (b) of this Section.
28        (j)  The  corporate  authorities  of  any municipality or
29    county may issue, in accordance  with  Illinois  law,  bonds,
30    notes or other obligations secured in whole or in part by the
31    proceeds   of   the  surcharge  described  in  this  Section.
32    Notwithstanding any change in law subsequent to the  issuance
33    of  any  bonds,  notes  or  other  obligations secured by the
34    surcharge, every municipality or county issuing  such  bonds,
 
                            -164-    LRB093 05878 EFG 05971 b
 1    notes  or other obligations shall be authorized to impose the
 2    surcharge as though the laws relating to  the  imposition  of
 3    the surcharge in effect at the time of issuance of the bonds,
 4    notes  or  other  obligations  were  in full force and effect
 5    until the bonds, notes or other obligations are paid in full.
 6    The State of Illinois pledges and agrees  that  it  will  not
 7    limit or alter the rights and powers vested in municipalities
 8    and counties by this Section to impose the surcharge so as to
 9    impair  the  terms of or affect the security for bonds, notes
10    or other obligations secured in whole or  in  part  with  the
11    proceeds of the surcharge described in this Section.
12        (k)  Any   surcharge   collected   by  or  imposed  on  a
13    telecommunications carrier pursuant to this Section shall  be
14    held  to  be  a  special  fund in trust for the municipality,
15    county  or  Joint  Emergency  Telephone  Board  imposing  the
16    surcharge.   Except  for  the  3%   deduction   provided   in
17    subsection  (g)  above, the special fund shall not be subject
18    to the claims of creditors of the telecommunication carrier.
19    (Source: P.A.  92-474,  eff.  8-1-02;  92-526,  eff.  1-1-03;
20    92-557, eff. 1-1-03; revised 10-2-02.)

21        Section  26.   The  Township  Code is amended by changing
22    Section 235-20 and setting  forth  and  renumbering  multiple
23    versions of Section 85-50 as follows:

24        (60 ILCS 1/85-50)
25        Sec.   85-50.  Demolition,   repair,   or   enclosure  of
26    buildings.
27        (a)  The township board  of  any  township  may  formally
28    request  the  county  board to commence specified proceedings
29    with respect to property  located  within  the  township  but
30    outside  the  territory  of  any  municipality as provided in
31    Section 5-1121 of the Counties Code.   If  the  county  board
32    declines  the  request  as  provided in Section 5-1121 of the
 
                            -165-    LRB093 05878 EFG 05971 b
 1    Counties Code, the township may  exercise  its  powers  under
 2    this Section.
 3        (b)  The  township  board  of each township may demolish,
 4    repair, or  enclose  or  cause  the  demolition,  repair,  or
 5    enclosure  of  dangerous  and unsafe buildings or uncompleted
 6    and abandoned buildings within the territory of the  township
 7    and  may  remove or cause the removal of garbage, debris, and
 8    other  hazardous,  noxious,  or   unhealthy   substances   or
 9    materials from those buildings.
10        The  township  board  shall apply to the circuit court of
11    the county in which the building is located (i) for an  order
12    authorizing  action to be taken with respect to a building if
13    the owner or owners  of  the  building,  including  the  lien
14    holders  of record, after at least 15 days' written notice by
15    mail to do so, have failed to commence proceedings to put the
16    building in a safe condition or to demolish it or (ii) for an
17    order requiring the owner or owners of  record  to  demolish,
18    repair, or enclose the building or to remove garbage, debris,
19    and  other  hazardous,  noxious,  or  unhealthy substances or
20    materials from the building.  It is  not  a  defense  to  the
21    cause  of action that the building is boarded up or otherwise
22    enclosed, although the court may order the defendant to  have
23    the  building  boarded  up or otherwise enclosed. Where, upon
24    diligent search, the identity or whereabouts of the owner  or
25    owners of the building, including the lien holders of record,
26    is  not ascertainable, notice mailed to the person or persons
27    in whose name the real  estate  was  last  assessed  and  the
28    posting  of  the  notice  upon  the  premises  sought  to  be
29    demolished  or  repaired  is  sufficient  notice  under  this
30    Section.
31        The  hearing  upon  the  application to the circuit court
32    shall be expedited by the court and shall be given precedence
33    over all other suits.
34        The cost of the demolition, repair, enclosure, or removal
 
                            -166-    LRB093 05878 EFG 05971 b
 1    incurred by the township, by an  intervenor,  or  by  a  lien
 2    holder of record, including court costs, attorney's fees, and
 3    other  costs  related  to the enforcement of this Section, is
 4    recoverable from the owner or owners of the  real  estate  or
 5    the  previous  owner  or both if the property was transferred
 6    during the 15-day notice period and is a  lien  on  the  real
 7    estate  if,  within  180  days  after the repair, demolition,
 8    enclosure, or removal,  the  township,  the  lien  holder  of
 9    record,  or  the intervenor who incurred the cost and expense
10    shall file a notice of lien for the cost and expense incurred
11    in the office of the recorder in the county in which the real
12    estate is located or in the office of the registrar of titles
13    of the county if the real estate affected is registered under
14    the  Registered  Titles  (Torrens)  Act.  The  lien   becomes
15    effective at the time of filing.
16        The  notice must consist of a sworn statement setting out
17    (1) a description of  the  real  estate  sufficient  for  its
18    identification, (2) the amount of money representing the cost
19    and expense incurred, and (3) the date or dates when the cost
20    and  expense was incurred by the township, the lien holder of
21    record, or the intervenor.  Upon  payment  of  the  cost  and
22    expense by the owner of or persons interested in the property
23    after  the  notice  of lien has been filed, the lien shall be
24    released by the township, the person in whose name  the  lien
25    has  been filed, or the assignee of the lien, and the release
26    may be filed of record as in the case  of  filing  notice  of
27    lien.  Unless  the lien is enforced under subsection (c), the
28    lien may be enforced by foreclosure  proceedings  as  in  the
29    case of mortgage foreclosures under Article XV of the Code of
30    Civil Procedure or mechanics' lien foreclosures. An action to
31    foreclose  this  lien  may be commenced at any time after the
32    date  of  filing  of  the  notice  of  lien.   The  costs  of
33    foreclosure incurred by the township, including court  costs,
34    reasonable   attorney's   fees,   advances  to  preserve  the
 
                            -167-    LRB093 05878 EFG 05971 b
 1    property, and other costs related to the enforcement of  this
 2    subsection,  plus  statutory interest, are a lien on the real
 3    estate and are recoverable by the township from the owner  or
 4    owners of the real estate.
 5        All  liens  arising  under  this  subsection (b) shall be
 6    assignable. The assignee of the  lien  shall  have  the  same
 7    power to enforce the lien as the assigning party, except that
 8    the lien may not be enforced under subsection (c).
 9        (c)  In  any  case  where  a township has obtained a lien
10    under subsection (b), the township may enforce the lien under
11    this subsection (c) in the same proceeding in which the  lien
12    is authorized.
13        A   township  desiring  to  enforce  a  lien  under  this
14    subsection  (c)  shall   petition   the   court   to   retain
15    jurisdiction   for   foreclosure   proceedings   under   this
16    subsection.   Notice  of  the  petition  shall  be served, by
17    certified or registered mail, on all persons who were  served
18    notice  under  subsection  (b).  The  court  shall  conduct a
19    hearing on the petition not  less  than  15  days  after  the
20    notice   is   served.   If  the  court  determines  that  the
21    requirements of this subsection (c) have been  satisfied,  it
22    shall  grant  the  petition  and retain jurisdiction over the
23    matter until the foreclosure proceeding  is  completed.   The
24    costs  of  foreclosure  incurred  by  the township, including
25    court costs, reasonable attorneys' fees, advances to preserve
26    the property, and other costs related to the  enforcement  of
27    this  subsection,  plus statutory interest, are a lien on the
28    real estate and are recoverable  by  the  township  from  the
29    owner  or owners of the real estate.  If the court denies the
30    petition, the township may enforce the  lien  in  a  separate
31    action as provided in subsection (b).
32        All  persons designated in Section 15-1501 of the Code of
33    Civil  Procedure  as  necessary   parties   in   a   mortgage
34    foreclosure action shall be joined as parties before issuance
 
                            -168-    LRB093 05878 EFG 05971 b
 1    of  an  order  of foreclosure.  Persons designated in Section
 2    15-1501 of the Code of Civil Procedure as permissible parties
 3    may also be joined as parties in the action.
 4        The provisions  of  Article  XV  of  the  Code  of  Civil
 5    Procedure  applicable to mortgage foreclosures shall apply to
 6    the foreclosure of a lien under this subsection  (c),  except
 7    to  the  extent  that  those provisions are inconsistent with
 8    this subsection.   For  purposes  of  foreclosures  of  liens
 9    under   this   subsection,  however,  the  redemption  period
10    described in subsection (c) of Section 15-1603 of the Code of
11    Civil Procedure shall end 60 days after the date of entry  of
12    the order of foreclosure.
13        (d)  In addition to any other remedy provided by law, the
14    township board of any township may petition the circuit court
15    to have property declared abandoned under this subsection (d)
16    if:
17             (1)  the  property  has been tax delinquent for 2 or
18        more years or bills for water service  for  the  property
19        have been outstanding for 2 or more years;
20             (2)  the  property  is unoccupied by persons legally
21        in possession; and
22             (3)  the property contains  a  dangerous  or  unsafe
23        building.
24        All persons having an interest of record in the property,
25    including   tax  purchasers  and  beneficial  owners  of  any
26    Illinois land trust having title to the  property,  shall  be
27    named  as defendants in the petition and shall be served with
28    process.  In addition, service shall  be  had  under  Section
29    2-206  of  the  Code  of  Civil  Procedure  as in other cases
30    affecting property.
31        The township, however, may proceed under this  subsection
32    in  a proceeding brought under subsection (b).  Notice of the
33    petition shall be served by certified or registered  mail  on
34    all persons who were served notice under subsection (b).
 
                            -169-    LRB093 05878 EFG 05971 b
 1        If  the  township proves that the conditions described in
 2    this subsection exist and the owner of record of the property
 3    does not enter an appearance in the action, or, if  title  to
 4    the  property  is  held by an Illinois land trust, if neither
 5    the owner of record nor the owner of the beneficial  interest
 6    of  the  trust  enters an appearance, the court shall declare
 7    the property abandoned.
 8        If that determination is made, notice shall  be  sent  by
 9    certified  or  registered  mail  to  all  persons  having  an
10    interest  of record in the property, including tax purchasers
11    and beneficial owners of any Illinois land trust having title
12    to the property, stating that title to the property  will  be
13    transferred  to  the  township  unless, within 30 days of the
14    notice, the owner of  record  enters  an  appearance  in  the
15    action,  or unless any other person having an interest in the
16    property files with the  court  a  request  to  demolish  the
17    dangerous  or  unsafe building or to put the building in safe
18    condition.
19        If the owner of record enters an appearance in the action
20    within the 30-day period, the court shall  vacate  its  order
21    declaring the property abandoned.  In that case, the township
22    may  amend  its  complaint  in  order to initiate proceedings
23    under subsection (b).
24        If a request to demolish or repair the building is  filed
25    within the 30-day period, the court shall grant permission to
26    the  requesting party to demolish the building within 30 days
27    or to restore the building to safe condition within  60  days
28    after  the  request  is granted.  An extension of that period
29    for up to 60 additional days may be given for good cause.  If
30    more than one person with an interest in the property files a
31    timely request, preference shall be given to the person  with
32    the lien or other interest of the highest priority.
33        If  the  requesting  party  proves  to the court that the
34    building has been demolished  or  put  in  a  safe  condition
 
                            -170-    LRB093 05878 EFG 05971 b
 1    within  the  period  of  time granted by the court, the court
 2    shall issue a quitclaim judicial deed for the property to the
 3    requesting party, conveying only the interest of the owner of
 4    record, upon proof of payment to the township  of  all  costs
 5    incurred  by  the  township  in  connection  with the action,
 6    including but not limited to court  costs,  attorney's  fees,
 7    administrative  costs,  the  costs,  if  any, associated with
 8    building enclosure or removal, and  receiver's  certificates.
 9    The  interest in the property so conveyed shall be subject to
10    all liens and encumbrances on the property.  In addition,  if
11    the interest is conveyed to a person holding a certificate of
12    purchase  for  the  property under the Property Tax Code, the
13    conveyance shall be subject to the rights  of  redemption  of
14    all  persons entitled to redeem under that Act, including the
15    original owner of record.
16        If no person with an interest in  the  property  files  a
17    timely  request  or if the requesting party fails to demolish
18    the building or put the building in safe condition within the
19    time specified by the court, the township  may  petition  the
20    court  to  issue  a  judicial  deed  for  the property to the
21    county.  A conveyance  by  judicial  deed  shall  operate  to
22    extinguish all existing ownership interests in, liens on, and
23    other interest in the property, including tax liens.
24        (e)  This  Section  applies  only  to  requests  made  by
25    townships  under  subsection  (a)  before January 1, 2006 and
26    proceedings to implement or enforce this Section with respect
27    to matters related to or arising from those requests.
28    (Source: P.A. 92-347, eff. 8-15-01.)

29        (60 ILCS 1/85-55)
30        Sec. 85-55 85-50.  Horse-drawn  vehicles.   The  township
31    board  may,  by  ordinance,  license and regulate horse-drawn
32    vehicles operating within the township.   The  ordinance  may
33    also  (i)  prescribe  regulations  for  the safe operation of
 
                            -171-    LRB093 05878 EFG 05971 b
 1    horse-drawn vehicles and  (ii)  require  the  examination  of
 2    persons  operating  a  horse-drawn  vehicle.  Any  annual fee
 3    charged for a license to operate a  horse-drawn  vehicle  may
 4    not  exceed  $50. Any fees charged for a license to operate a
 5    horse-drawn vehicle within the township must be used for  the
 6    improvement of township roads.
 7        For  the  purposes of this Section, "horse-drawn vehicle"
 8    means any vehicle powered by any animal of the equine family.
 9    (Source: P.A. 92-613, eff. 1-1-03; revised 8-26-02.)

10        (60 ILCS 1/235-20)
11        Sec. 235-20.  General assistance tax.
12        (a)  The township  board  may  raise  money  by  taxation
13    deemed necessary to be expended to provide general assistance
14    in  the  township  to  persons  needing  that  assistance  as
15    provided  in  the Illinois Public Aid Code, including persons
16    eligible  for  assistance   under   the   Military   Veterans
17    Assistance  Act,  where that duty is provided by law. The tax
18    for each fiscal year shall not be more than 0.10%  of  value,
19    or  more  than  an amount approved at a referendum held under
20    this Section,  as equalized or assessed by the Department  of
21    Revenue, and shall in no case exceed the amount needed in the
22    township  for  general assistance. The board may decrease the
23    maximum tax rate by ordinance.
24        (b)  Except as otherwise provided in this subsection,  if
25    the  board desires to increase the maximum tax rate, it shall
26    order a referendum on that  proposition  to  be  held  at  an
27    election  in  accordance  with the general election law.  The
28    board shall certify the proposition to  the  proper  election
29    officials,  who shall submit the proposition to the voters at
30    an election in accordance with the general election law.   If
31    a  majority  of the votes cast on the proposition is in favor
32    of the proposition, the board may annually levy the tax at  a
33    rate  not exceeding the higher rate approved by the voters at
 
                            -172-    LRB093 05878 EFG 05971 b
 1    the election.  If,  however,  the  board  has  decreased  the
 2    maximum  tax  rate  under subsection (a), then it may, at any
 3    time after the decrease, increase the maximum  tax  rate,  by
 4    ordinance,  to  a  rate less than or equal to the maximum tax
 5    rate immediately prior to the board's ordinance  to  decrease
 6    the rate.
 7        (c)  If  a  city,  village, or incorporated town having a
 8    population  of  more  than  500,000  is  located  within   or
 9    partially  within  a  township, then the entire amount of the
10    tax levied by the  township  for  the  purpose  of  providing
11    general  assistance  under  this  Section  on  property lying
12    within that city, village, or  incorporated  town,  less  the
13    amount  allowed for collecting the tax, shall be paid over by
14    the treasurer of the township to the treasurer of  the  city,
15    village,  or incorporated town to be appropriated and used by
16    the city, village, or incorporated town for  the  relief  and
17    support  of  persons  needing  general assistance residing in
18    that portion of  the  city,  village,  or  incorporated  town
19    located  within  the township in accordance with the Illinois
20    Public Aid Code.
21        (d)  Any taxes levied for general  assistance  before  or
22    after  this  Section  takes  effect  may also be used for the
23    payment of warrants issued against  and  in  anticipation  of
24    those  taxes  and  accrued interest on those warrants and may
25    also  be  used  to  pay  the  cost  of   administering   that
26    assistance.
27        (e)  In  any  township  with  a  population  of less than
28    500,000 that  receives  no  State  funding  for  the  general
29    assistance  program  and  that  has  not  issued anticipation
30    warrants or otherwise borrowed monies for the  administration
31    of  the  general  assistance  program  during  the township's
32    previous 3 fiscal years of operation, a one time transfer  of
33    monies  from  the  township's  general assistance fund may be
34    made to the general township fund pursuant to action  by  the
 
                            -173-    LRB093 05878 EFG 05971 b
 1    township  board.   This transfer may occur only to the extent
 2    that the amount of monies remaining in the general assistance
 3    fund after the transfer is equal to the greater  of  (i)  the
 4    amount  of the township's expenditures in the previous fiscal
 5    year for general assistance or (ii) an amount equal to either
 6    0.10% of the last known total equalized value of all  taxable
 7    property  in  the  township,  or  100%  of the highest amount
 8    levied for general assistance purposes in any  of  the  three
 9    previous  fiscal  years.   The transfer shall be completed no
10    later  than  one  year  after  the  effective  date  of  this
11    amendatory Act of the 92nd General  Assembly.    No  township
12    that  has  certified  a  new  levy or an increase in the levy
13    under this Section during calendar  year  2002  may  transfer
14    monies  under  this  subsection. No action on the transfer of
15    monies under this subsection shall be taken by  the  township
16    board   except   at  a  township  board  meeting.  No  monies
17    transferred under this  subsection  shall  be  considered  in
18    determining whether the township qualifies for State funds to
19    supplement  local funds for public aid purposes under Section
20    12-21.13 of the Illinois Public Aid Code.
21    (Source: P.A. 92-558, eff.  6-24-02;  92-718,  eff.  7-25-02;
22    revised 9-9-02.)

23        Section  28.   The  Illinois Municipal Code is amended by
24    changing Sections 8-11-1.2 and 11-31-1 as follows:

25        (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
26        Sec.  8-11-1.2.   Definition.   As   used   in   Sections
27    8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act:
28        (a)  "Public  infrastructure"  means  municipal roads and
29    streets, access roads, bridges, and sidewalks; waste disposal
30    systems;  and  water  and  sewer   line   extensions,   water
31    distribution   and   purification   facilities,  storm  water
32    drainage  and  retention  facilities,  and  sewage  treatment
 
                            -174-    LRB093 05878 EFG 05971 b
 1    facilities.  For  purposes  of  referenda   authorizing   the
 2    imposition  of  taxes  by  the City of DuQuoin under Sections
 3    8-11-1.3,  8-11-1.4,  and  8-11-1.5  of  this  Act  that  are
 4    approved in November,  2002,  "public  infrastructure"  shall
 5    also include public schools.
 6        (b)  "Property   tax   relief"  means  the  action  of  a
 7    municipality to reduce the levy  for  real  estate  taxes  or
 8    avoid  an  increase  in  the  levy for real estate taxes that
 9    would otherwise have been required.  Property tax  relief  or
10    the  avoidance  of  property  tax must uniformly apply to all
11    classes of property.
12    (Source: P.A.  91-51,  eff.  6-30-99;  92-739,  eff.  1-1-03;
13    92-815, eff. 8-21-02; revised 9-10-02.)

14        (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
15        Sec.    11-31-1.  Demolition,   repair,   enclosure,   or
16    remediation.
17        (a)  The corporate authorities of each  municipality  may
18    demolish, repair, or enclose or cause the demolition, repair,
19    or enclosure of dangerous and unsafe buildings or uncompleted
20    and   abandoned   buildings   within  the  territory  of  the
21    municipality and may remove or cause the removal of  garbage,
22    debris, and other hazardous, noxious, or unhealthy substances
23    or  materials  from  those  buildings.   In any county having
24    adopted by referendum or otherwise a county health department
25    as provided by Division 5-25 of  the  Counties  Code  or  its
26    predecessor,  the  county  board  of that county may exercise
27    those powers with regard to dangerous and unsafe buildings or
28    uncompleted and abandoned buildings within the  territory  of
29    any  city,  village,  or  incorporated  town having less than
30    50,000 population.
31        The corporate authorities  shall  apply  to  the  circuit
32    court  of the county in which the building is located (i) for
33    an order authorizing action to be taken  with  respect  to  a
 
                            -175-    LRB093 05878 EFG 05971 b
 1    building  if  the  owner or owners of the building, including
 2    the lien holders of record, after at least 15  days'  written
 3    notice by mail so to do, have failed to put the building in a
 4    safe  condition  or  to  demolish  it  or  (ii)  for an order
 5    requiring the owner or owners of record to demolish,  repair,
 6    or  enclose  the  building  or to remove garbage, debris, and
 7    other  hazardous,  noxious,  or   unhealthy   substances   or
 8    materials  from  the  building.   It  is not a defense to the
 9    cause of action that the building is boarded up or  otherwise
10    enclosed,  although the court may order the defendant to have
11    the building boarded up or otherwise  enclosed.  Where,  upon
12    diligent  search, the identity or whereabouts of the owner or
13    owners of the building, including the lien holders of record,
14    is not ascertainable, notice mailed to the person or  persons
15    in whose name the real estate was last assessed is sufficient
16    notice under this Section.
17        The  hearing  upon  the  application to the circuit court
18    shall be expedited by the court and shall be given precedence
19    over all other suits. Any person entitled to bring an  action
20    under  subsection (b) shall have the right to intervene in an
21    action brought under this Section.
22        The cost of the demolition, repair, enclosure, or removal
23    incurred by the municipality, by an intervenor, or by a  lien
24    holder of record, including court costs, attorney's fees, and
25    other  costs  related  to the enforcement of this Section, is
26    recoverable from the owner or owners of the  real  estate  or
27    the  previous  owner  or both if the property was transferred
28    during the 15 day notice period and is a  lien  on  the  real
29    estate;  the lien is superior to all prior existing liens and
30    encumbrances, except taxes, if, within  180  days  after  the
31    repair,  demolition, enclosure, or removal, the municipality,
32    the lien holder of record, or the intervenor who incurred the
33    cost and expense shall file a notice of lien for the cost and
34    expense incurred in the office of the recorder in the  county
 
                            -176-    LRB093 05878 EFG 05971 b
 1    in  which  the real estate is located or in the office of the
 2    registrar of titles of the county if the real estate affected
 3    is registered under the Registered Titles (Torrens) Act.
 4        The notice must consist of a sworn statement setting  out
 5    (1)  a  description  of  the  real  estate sufficient for its
 6    identification, (2) the amount of money representing the cost
 7    and expense incurred, and (3) the date or dates when the cost
 8    and expense was incurred by the municipality, the lien holder
 9    of record, or the intervenor. Upon payment of  the  cost  and
10    expense by the owner of or persons interested in the property
11    after  the  notice  of lien has been filed, the lien shall be
12    released by the municipality, the person in  whose  name  the
13    lien  has  been  filed,  or the assignee of the lien, and the
14    release may be filed of record  as  in  the  case  of  filing
15    notice  of lien. Unless the lien is enforced under subsection
16    (c), the lien may be enforced by foreclosure  proceedings  as
17    in  the case of mortgage foreclosures under Article XV of the
18    Code of Civil Procedure or mechanics' lien  foreclosures.  An
19    action  to  foreclose  this lien may be commenced at any time
20    after the date of filing of the notice of lien.  The costs of
21    foreclosure incurred by  the  municipality,  including  court
22    costs,  reasonable  attorney's fees, advances to preserve the
23    property, and other costs related to the enforcement of  this
24    subsection,  plus  statutory interest, are a lien on the real
25    estate and are recoverable by the municipality from the owner
26    or owners of the real estate.
27        All liens arising under  this  subsection  (a)  shall  be
28    assignable.  The  assignee  of  the  lien shall have the same
29    power to enforce the lien as the assigning party, except that
30    the lien may not be enforced under subsection (c).
31        If  the  appropriate   official   of   any   municipality
32    determines   that   any  dangerous  and  unsafe  building  or
33    uncompleted  and  abandoned  building  within  its  territory
34    fulfills the requirements for an action by  the  municipality
 
                            -177-    LRB093 05878 EFG 05971 b
 1    under   the   Abandoned   Housing   Rehabilitation  Act,  the
 2    municipality may petition under  that  Act  in  a  proceeding
 3    brought under this subsection.
 4        (b)  Any  owner  or  tenant  of real property within 1200
 5    feet in any direction of any  dangerous  or  unsafe  building
 6    located  within  the  territory  of  a  municipality  with  a
 7    population  of  500,000 or more may file with the appropriate
 8    municipal authority  a request that the municipality apply to
 9    the circuit court of the county  in  which  the  building  is
10    located  for  an  order permitting the demolition, removal of
11    garbage, debris, and other noxious  or  unhealthy  substances
12    and materials from, or repair or enclosure of the building in
13    the  manner  prescribed in subsection (a) of this Section. If
14    the municipality fails to  institute  an  action  in  circuit
15    court  within  90  days  after the filing of the request, the
16    owner or tenant of real property  within  1200  feet  in  any
17    direction  of the building may institute an action in circuit
18    court seeking an order compelling  the  owner  or  owners  of
19    record to demolish, remove garbage, debris, and other noxious
20    or unhealthy substances and materials from, repair or enclose
21    or to cause to be demolished, have garbage, debris, and other
22    noxious  or  unhealthy substances and materials removed from,
23    repaired, or enclosed the building  in  question.  A  private
24    owner  or tenant who institutes an action under the preceding
25    sentence shall not be required to pay any fee to the clerk of
26    the circuit court. The cost of repair,  removal,  demolition,
27    or  enclosure shall be borne by the owner or owners of record
28    of the building. In the event the owner or owners  of  record
29    fail  to  demolish, remove garbage, debris, and other noxious
30    or  unhealthy  substances  and  materials  from,  repair,  or
31    enclose the building within 90 days of  the  date  the  court
32    entered  its  order,  the  owner or tenant who instituted the
33    action may request that the court join the municipality as  a
34    party to the action.  The court may order the municipality to
 
                            -178-    LRB093 05878 EFG 05971 b
 1    demolish,  remove  materials  from,  repair,  or  enclose the
 2    building, or cause that action to be taken upon  the  request
 3    of  any owner or tenant who instituted the action or upon the
 4    municipality's request.  The municipality may file,  and  the
 5    court  may approve, a plan for rehabilitating the building in
 6    question. A  court  order  authorizing  the  municipality  to
 7    demolish,   remove  materials  from,  repair,  or  enclose  a
 8    building, or  cause  that  action  to  be  taken,  shall  not
 9    preclude  the  court  from  adjudging  the owner or owners of
10    record of the building  in  contempt  of  court  due  to  the
11    failure to comply with the order to demolish, remove garbage,
12    debris,   and  other  noxious  or  unhealthy  substances  and
13    materials from, repair, or enclose the building.
14        If a municipality or a person or persons other  than  the
15    owner or owners of record pay the cost of demolition, removal
16    of garbage, debris, and other noxious or unhealthy substances
17    and  materials,  repair,  or  enclosure  pursuant  to a court
18    order, the cost, including court costs, attorney's fees,  and
19    other costs related to the enforcement of this subsection, is
20    recoverable  from  the owner or owners of the real estate and
21    is a lien on the real estate; the lien  is  superior  to  all
22    prior  existing  liens  and  encumbrances,  except taxes, if,
23    within 180 days after the  repair,  removal,  demolition,  or
24    enclosure, the municipality or the person or persons who paid
25    the  costs of demolition, removal, repair, or enclosure shall
26    file a notice of lien of the cost and expense incurred in the
27    office of the recorder in the county in which the real estate
28    is located or in the office of the registrar of the county if
29    the real estate affected is registered under  the  Registered
30    Titles  (Torrens)  Act.  The  notice shall be in a form as is
31    provided  in  subsection  (a).   An  owner  or   tenant   who
32    institutes  an  action  in  circuit court seeking an order to
33    compel the owner or owners  of  record  to  demolish,  remove
34    materials  from,  repair,  or enclose any dangerous or unsafe
 
                            -179-    LRB093 05878 EFG 05971 b
 1    building, or to cause that action  to  be  taken  under  this
 2    subsection  may recover court costs and reasonable attorney's
 3    fees for instituting the action from the owner or  owners  of
 4    record  of  the  building.  Upon  payment  of  the  costs and
 5    expenses by the owner  of  or  a  person  interested  in  the
 6    property  after  the  notice of lien has been filed, the lien
 7    shall be released by the municipality or the person in  whose
 8    name  the lien has been filed or his or her assignee, and the
 9    release may be filed of record as in the  case  of  filing  a
10    notice of lien.  Unless the lien is enforced under subsection
11    (c),  the  lien may be enforced by foreclosure proceedings as
12    in the case of mortgage foreclosures under Article XV of  the
13    Code  of Civil Procedure or mechanics' lien foreclosures.  An
14    action to foreclose this lien may be commenced  at  any  time
15    after the date of filing of the notice of lien.  The costs of
16    foreclosure  incurred  by  the  municipality, including court
17    costs, reasonable attorneys' fees, advances to  preserve  the
18    property,  and other costs related to the enforcement of this
19    subsection, plus statutory interest, are a lien on  the  real
20    estate and are recoverable by the municipality from the owner
21    or owners of the real estate.
22        All  liens arising under the terms of this subsection (b)
23    shall be assignable.  The assignee of the lien shall have the
24    same power to enforce the lien as the assigning party, except
25    that the lien may not be enforced under subsection (c).
26        (c)  In any case where a municipality has obtained a lien
27    under subsection (a),  (b),  or  (f),  the  municipality  may
28    enforce  the  lien  under  this  subsection  (c)  in the same
29    proceeding in which the lien is authorized.
30        A municipality desiring to  enforce  a  lien  under  this
31    subsection   (c)   shall   petition   the   court  to  retain
32    jurisdiction   for   foreclosure   proceedings   under   this
33    subsection.  Notice of  the  petition  shall  be  served,  by
34    certified  or registered mail, on all persons who were served
 
                            -180-    LRB093 05878 EFG 05971 b
 1    notice under subsection (a), (b), or (f).   The  court  shall
 2    conduct a hearing on the petition not less than 15 days after
 3    the  notice  is  served.   If  the  court determines that the
 4    requirements of this subsection (c) have been  satisfied,  it
 5    shall  grant  the  petition  and retain jurisdiction over the
 6    matter until the foreclosure proceeding  is  completed.   The
 7    costs  of foreclosure incurred by the municipality, including
 8    court costs, reasonable attorneys' fees, advances to preserve
 9    the property, and other costs related to the  enforcement  of
10    this  subsection,  plus statutory interest, are a lien on the
11    real estate and are recoverable by the municipality from  the
12    owner  or owners of the real estate.  If the court denies the
13    petition, the municipality may enforce the lien in a separate
14    action as provided in subsection (a), (b), or (f).
15        All persons designated in Section 15-1501 of the Code  of
16    Civil   Procedure   as   necessary   parties  in  a  mortgage
17    foreclosure action shall be joined as parties before issuance
18    of an order of foreclosure.  Persons  designated  in  Section
19    15-1501 of the Code of Civil Procedure as permissible parties
20    may also be joined as parties in the action.
21        The  provisions  of  Article  XV  of  the  Code  of Civil
22    Procedure applicable to mortgage foreclosures shall apply  to
23    the  foreclosure  of a lien under this subsection (c), except
24    to the extent that those  provisions  are  inconsistent  with
25    this  subsection.    For  purposes  of  foreclosures of liens
26    under  this  subsection,  however,  the   redemption   period
27    described in subsection (b) of Section 15-1603 of the Code of
28    Civil  Procedure shall end 60 days after the date of entry of
29    the order of foreclosure.
30        (d)  In addition to any other remedy provided by law, the
31    corporate authorities of any municipality  may  petition  the
32    circuit  court to have property declared abandoned under this
33    subsection (d) if:
34             (1)  the property has been tax delinquent for  2  or
 
                            -181-    LRB093 05878 EFG 05971 b
 1        more  years  or  bills for water service for the property
 2        have been outstanding for 2 or more years;
 3             (2)  the property is unoccupied by  persons  legally
 4        in possession; and
 5             (3)  the  property  contains  a  dangerous or unsafe
 6        building.
 7        All persons having an interest of record in the property,
 8    including  tax  purchasers  and  beneficial  owners  of   any
 9    Illinois  land  trust  having title to the property, shall be
10    named as defendants in the petition and shall be served  with
11    process.   In  addition,  service  shall be had under Section
12    2-206 of the Code  of  Civil  Procedure  as  in  other  cases
13    affecting property.
14        The   municipality,   however,  may  proceed  under  this
15    subsection in a proceeding brought under  subsection  (a)  or
16    (b).   Notice of the petition shall be served by certified or
17    registered mail on all persons who were served  notice  under
18    subsection (a) or (b).
19        If  the municipality proves that the conditions described
20    in this subsection exist and  the  owner  of  record  of  the
21    property  does  not enter an appearance in the action, or, if
22    title to the property is held by an Illinois land  trust,  if
23    neither  the  owner of record nor the owner of the beneficial
24    interest of the trust enters an appearance, the  court  shall
25    declare the property abandoned.
26        If  that  determination  is made, notice shall be sent by
27    certified  or  registered  mail  to  all  persons  having  an
28    interest of record in the property, including tax  purchasers
29    and beneficial owners of any Illinois land trust having title
30    to  the  property, stating that title to the property will be
31    transferred to the municipality unless, within 30 days of the
32    notice, the owner of  record  enters  an  appearance  in  the
33    action,  or unless any other person having an interest in the
34    property files with the  court  a  request  to  demolish  the
 
                            -182-    LRB093 05878 EFG 05971 b
 1    dangerous  or  unsafe building or to put the building in safe
 2    condition.
 3        If the owner of record enters an appearance in the action
 4    within the 30 day period, the court shall  vacate  its  order
 5    declaring   the   property  abandoned.   In  that  case,  the
 6    municipality may amend its complaint  in  order  to  initiate
 7    proceedings under subsection (a).
 8        If  a request to demolish or repair the building is filed
 9    within the 30 day period, the court shall grant permission to
10    the requesting party to demolish the building within 30  days
11    or  to  restore the building to safe condition within 60 days
12    after the request is granted.  An extension  of  that  period
13    for up to 60 additional days may be given for good cause.  If
14    more than one person with an interest in the property files a
15    timely  request, preference shall be given to the person with
16    the lien or other interest of the highest priority.
17        If the requesting party proves  to  the  court  that  the
18    building  has  been  demolished  or  put  in a safe condition
19    within the period of time granted by  the  court,  the  court
20    shall issue a quitclaim judicial deed for the property to the
21    requesting party, conveying only the interest of the owner of
22    record,  upon  proof  of  payment  to the municipality of all
23    costs incurred by the municipality  in  connection  with  the
24    action,  including but not limited to court costs, attorney's
25    fees, administrative costs, the  costs,  if  any,  associated
26    with   building   enclosure   or   removal,   and  receiver's
27    certificates.  The interest in the property so conveyed shall
28    be subject to all liens and encumbrances on the property.  In
29    addition, if the interest is conveyed to a person  holding  a
30    certificate  of  purchase for the property under the Property
31    Tax Code, the conveyance shall be subject to  the  rights  of
32    redemption  of all persons entitled to redeem under that Act,
33    including the original owner of record.
34        If no person with an interest in  the  property  files  a
 
                            -183-    LRB093 05878 EFG 05971 b
 1    timely  request  or if the requesting party fails to demolish
 2    the building or put the building in safe condition within the
 3    time specified by the court, the  municipality  may  petition
 4    the  court  to  issue a judicial deed for the property to the
 5    municipality.  A conveyance by judicial deed shall operate to
 6    extinguish all existing ownership interests in, liens on, and
 7    other interest in the  property,  including  tax  liens,  and
 8    shall  extinguish  the  rights  and  interests of any and all
 9    holders of  a  bona  fide  certificate  of  purchase  of  the
10    property   for   delinquent   taxes.    Any  such  bona  fide
11    certificate of purchase holder shall be entitled to a sale in
12    error as prescribed under Section 21-310 of the Property  Tax
13    Code.
14        (e)  Each  municipality  may  use  the provisions of this
15    subsection to expedite the removal of certain buildings  that
16    are  a  continuing  hazard to the community in which they are
17    located.
18        If a residential or commercial building is 3  stories  or
19    less  in  height  as  defined  by the municipality's building
20    code, and the corporate official designated to be  in  charge
21    of enforcing the municipality's building code determines that
22    the  building  is  open  and  vacant  and  an  immediate  and
23    continuing  hazard  to the community in which the building is
24    located, then the official shall  be  authorized  to  post  a
25    notice not less than 2 feet by 2 feet in size on the front of
26    the  building.   The  notice shall be dated as of the date of
27    the posting and shall  state  that  unless  the  building  is
28    demolished,  repaired,  or  enclosed, and unless any garbage,
29    debris, and other hazardous, noxious, or unhealthy substances
30    or materials are removed so that an immediate and  continuing
31    hazard  to  the community no longer exists, then the building
32    may be demolished, repaired, or  enclosed,  or  any  garbage,
33    debris, and other hazardous, noxious, or unhealthy substances
34    or materials may be removed, by the municipality.
 
                            -184-    LRB093 05878 EFG 05971 b
 1        Not  later  than  30  days  following  the posting of the
 2    notice, the municipality shall do all of the following:
 3             (1)  Cause to be sent,  by  certified  mail,  return
 4        receipt  requested,  a Notice to Remediate to  all owners
 5        of record of the property, the beneficial owners  of  any
 6        Illinois land trust having title to the property, and all
 7        lienholders of record in the property, stating the intent
 8        of  the  municipality to demolish, repair, or enclose the
 9        building  or  remove  any  garbage,  debris,   or   other
10        hazardous,  noxious, or unhealthy substances or materials
11        if that action is not taken by the owner or owners.
12             (2)  Cause to be published, in a newspaper published
13        or circulated in the municipality where the  building  is
14        located,  a  notice  setting  forth (i) the permanent tax
15        index number and the address  of  the  building,  (ii)  a
16        statement  that  the  property  is  open  and  vacant and
17        constitutes an immediate and  continuing  hazard  to  the
18        community,  and  (iii)  a statement that the municipality
19        intends to demolish, repair, or enclose the  building  or
20        remove  any garbage, debris, or other hazardous, noxious,
21        or unhealthy substances or  materials  if  the  owner  or
22        owners  or  lienholders  of  record  fail to do so.  This
23        notice shall be published for 3 consecutive days.
24             (3)  Cause to be recorded the  Notice  to  Remediate
25        mailed  under paragraph (1) in the office of the recorder
26        in the county in which the real estate is located  or  in
27        the  office  of  the registrar of titles of the county if
28        the real estate is registered under the Registered  Title
29        (Torrens) Act.
30        Any  person  or persons with a current legal or equitable
31    interest in the property objecting to the proposed actions of
32    the corporate authorities may file his or her objection in an
33    appropriate form in a court of competent jurisdiction.
34        If the building is not demolished, repaired, or enclosed,
 
                            -185-    LRB093 05878 EFG 05971 b
 1    or the garbage,  debris,  or  other  hazardous,  noxious,  or
 2    unhealthy  substances or materials are not removed, within 30
 3    days of mailing the notice  to  the  owners  of  record,  the
 4    beneficial  owners of any Illinois land trust having title to
 5    the property, and all lienholders of record in the  property,
 6    or  within  30  days  of  the  last day of publication of the
 7    notice, whichever is later, the corporate  authorities  shall
 8    have  the  power to demolish, repair, or enclose the building
 9    or  to  remove  any  garbage,  debris,  or  other  hazardous,
10    noxious, or unhealthy substances or materials.
11        The municipality may  proceed  to  demolish,  repair,  or
12    enclose  a  building  or remove any garbage, debris, or other
13    hazardous, noxious,  or  unhealthy  substances  or  materials
14    under  this  subsection within a 120-day period following the
15    date of the mailing of the notice if the appropriate official
16    determines that the demolition, repair, enclosure, or removal
17    of any garbage,  debris,  or  other  hazardous,  noxious,  or
18    unhealthy  substances or materials is necessary to remedy the
19    immediate and continuing hazard.   If,  however,  before  the
20    municipality  proceeds  with any of the actions authorized by
21    this  subsection,  any  person  with  a  legal  or  equitable
22    interest in the property has  sought  a  hearing  under  this
23    subsection  before  a  court  and  has  served  a copy of the
24    complaint on the chief executive officer of the municipality,
25    then the municipality shall not proceed with the  demolition,
26    repair,  enclosure,  or  removal of garbage, debris, or other
27    substances until the court determines  that  that  action  is
28    necessary   to   remedy   the  hazard  and  issues  an  order
29    authorizing the municipality to do so. If the court dismisses
30    the action for want of  prosecution,  the  municipality  must
31    send  the objector a copy of the dismissal order and a letter
32    stating that the demolition, repair, enclosure, or removal of
33    garbage, debris, or other  substances  will  proceed  unless,
34    within 30 days after the copy of the order and the letter are
 
                            -186-    LRB093 05878 EFG 05971 b
 1    mailed, the objector moves to vacate the dismissal and serves
 2    a  copy  of  the motion on the chief executive officer of the
 3    municipality.  Notwithstanding any other law to the contrary,
 4    if the objector does not file a motion and give the  required
 5    notice,  if  the  motion  is  denied  by the court, or if the
 6    action is again dismissed for want of prosecution,  then  the
 7    dismissal  is  with  prejudice  and  the  demolition, repair,
 8    enclosure, or removal may proceed forthwith.
 9        Following the  demolition,  repair,  or  enclosure  of  a
10    building,  or  the  removal  of  garbage,  debris,  or  other
11    hazardous,  noxious,  or  unhealthy  substances  or materials
12    under this subsection, the municipality may file a notice  of
13    lien  against the real estate for the cost of the demolition,
14    repair, enclosure, or  removal  within  180  days  after  the
15    repair,  demolition,  enclosure, or removal occurred, for the
16    cost and expense incurred, in the office of the  recorder  in
17    the  county  in  which  the  real estate is located or in the
18    office of the registrar of titles of the county if  the  real
19    estate  affected  is  registered  under the Registered Titles
20    (Torrens) Act; this lien has priority over the  interests  of
21    those  parties  named in the Notice to Remediate mailed under
22    paragraph (1), but not over  the  interests  of  third  party
23    purchasers  or  encumbrancers  for  value  who obtained their
24    interests  in  the  property  before  obtaining   actual   or
25    constructive  notice  of  the  lien. The notice of lien shall
26    consist of a sworn statement setting forth (i) a  description
27    of  the real estate, such as the address or other description
28    of the property, sufficient for its identification; (ii)  the
29    expenses  incurred  by  the  municipality  in undertaking the
30    remedial actions authorized under this subsection; (iii)  the
31    date or dates the expenses were incurred by the municipality;
32    (iv)  a  statement  by the corporate official responsible for
33    enforcing the building code that the building  was  open  and
34    vacant  and constituted an immediate and continuing hazard to
 
                            -187-    LRB093 05878 EFG 05971 b
 1    the community; (v) a statement by the corporate official that
 2    the required sign was posted on the building, that notice was
 3    sent by certified mail to the  owners  of  record,  and  that
 4    notice  was published in accordance with this subsection; and
 5    (vi) a  statement  as  to  when  and  where  the  notice  was
 6    published.   The  lien  authorized  by  this  subsection  may
 7    thereafter  be  released  or  enforced by the municipality as
 8    provided in subsection (a).
 9        (f)  The corporate authorities of each  municipality  may
10    remove  or cause the removal of, or otherwise environmentally
11    remediate hazardous substances and petroleum products on, in,
12    or  under  any  abandoned  and  unsafe  property  within  the
13    territory of a municipality.  In addition, where  preliminary
14    evidence  indicates  the  presence  or  likely  presence of a
15    hazardous substance or a petroleum product or a release or  a
16    substantial threat of a release of a hazardous substance or a
17    petroleum   product  on,  in,  or  under  the  property,  the
18    corporate authorities of the  municipality  may  inspect  the
19    property  and  test  for the presence or release of hazardous
20    substances and petroleum  products.   In  any  county  having
21    adopted by referendum or otherwise a county health department
22    as  provided  by  Division  5-25  of the Counties Code or its
23    predecessor, the county board of that county may exercise the
24    above-described powers with regard  to  property  within  the
25    territory  of  any city, village, or incorporated town having
26    less than 50,000 population.
27        For purposes of this subsection (f):
28             (1)  "property" or  "real  estate"  means  all  real
29        property, whether or not improved by a structure;
30             (2)  "abandoned" means;
31                  (A)  the property has been tax delinquent for 2
32             or more years;
33                  (B)  the  property  is  unoccupied  by  persons
34             legally in possession; and
 
                            -188-    LRB093 05878 EFG 05971 b
 1             (3)  "unsafe" means property that presents an actual
 2        or  imminent threat to public health and safety caused by
 3        the release of hazardous substances; and
 4             (4)  "hazardous substances" means  the  same  as  in
 5        Section 3.215 of the Environmental Protection Act.
 6        The  corporate  authorities  shall  apply  to the circuit
 7    court of the county in which the property is located (i)  for
 8    an  order allowing the municipality to enter the property and
 9    inspect and test substances on, in, or under the property; or
10    (ii) for an order authorizing the  corporate  authorities  to
11    take  action  with  respect to remediation of the property if
12    conditions on the  property,  based  on  the  inspection  and
13    testing authorized in paragraph (i), indicate the presence of
14    hazardous substances or petroleum products. Remediation shall
15    be  deemed complete for purposes of paragraph (ii) above when
16    the  property  satisfies  Tier  I,  II,  or  III  remediation
17    objectives  for  the  property's  most   recent   usage,   as
18    established  by  the  Environmental  Protection  Act, and the
19    rules and regulations promulgated  thereunder.   Where,  upon
20    diligent  search, the identity or whereabouts of the owner or
21    owners of the property, including the lien holders of record,
22    is not ascertainable, notice mailed to the person or  persons
23    in whose name the real estate was last assessed is sufficient
24    notice under this Section.
25        The  court shall grant an order authorizing testing under
26    paragraph (i) above upon a showing  of  preliminary  evidence
27    indicating  the  presence  or  likely presence of a hazardous
28    substance or a  petroleum  product  or  a  release  of  or  a
29    substantial threat of a release of a hazardous substance or a
30    petroleum  product  on, in, or under abandoned property.  The
31    preliminary evidence may include,  but  is  not  limited  to,
32    evidence  of prior use, visual site inspection, or records of
33    prior environmental investigations.  The  testing  authorized
34    by   paragraph   (i)   above   shall   include  any  type  of
 
                            -189-    LRB093 05878 EFG 05971 b
 1    investigation  which  is  necessary  for   an   environmental
 2    professional  to determine the environmental condition of the
 3    property, including but not limited to  performance  of  soil
 4    borings  and groundwater monitoring.  The court shall grant a
 5    remediation order under paragraph (ii) above where testing of
 6    the property indicates that it fails to meet  the  applicable
 7    remediation  objectives.  The hearing upon the application to
 8    the circuit court shall be expedited by the court  and  shall
 9    be given precedence over all other suits.
10        The  cost  of  the  inspection,  testing,  or remediation
11    incurred by the municipality or by a lien holder  of  record,
12    including  court  costs,  attorney's  fees,  and  other costs
13    related to the enforcement of this Section, is a lien on  the
14    real   estate;   except   that   in  any  instances  where  a
15    municipality incurs costs of inspection and testing but finds
16    no hazardous substances or petroleum products on the property
17    that present an actual or imminent threat  to  public  health
18    and  safety,  such  costs are not recoverable from the owners
19    nor are such costs a lien on the real estate.   The  lien  is
20    superior to all prior existing liens and encumbrances, except
21    taxes  and any lien obtained under subsection (a) or (e), if,
22    within 180 days  after  the  completion  of  the  inspection,
23    testing,  or remediation, the municipality or the lien holder
24    of record who incurred the cost  and  expense  shall  file  a
25    notice  of  lien  for  the  cost  and expense incurred in the
26    office of the recorder in the county in which the real estate
27    is located or in the office of the registrar of titles of the
28    county if the real estate affected is  registered  under  the
29    Registered Titles (Torrens) Act.
30        The  notice must consist of a sworn statement setting out
31    (i) a description of  the  real  estate  sufficient  for  its
32    identification,  (ii)  the  amount  of money representing the
33    cost and expense incurred, and (iii) the date or  dates  when
34    the  cost and expense was incurred by the municipality or the
 
                            -190-    LRB093 05878 EFG 05971 b
 1    lien holder of record.  Upon payment of the  lien  amount  by
 2    the  owner of or persons interested in the property after the
 3    notice of lien has been filed, a release  of  lien  shall  be
 4    issued by the municipality, the person in whose name the lien
 5    has  been filed, or the assignee of the lien, and the release
 6    may be filed of record as in the case  of  filing  notice  of
 7    lien.
 8        The  lien  may  be  enforced  under  subsection (c) or by
 9    foreclosure  proceedings  as  in   the   case   of   mortgage
10    foreclosures  under Article XV of the Code of Civil Procedure
11    or mechanics' lien foreclosures; provided that where the lien
12    is enforced by foreclosure  under  subsection  (c)  or  under
13    either  statute, the municipality may not proceed against the
14    other assets of the owner or owners of the  real  estate  for
15    any  costs  that  otherwise  would  be recoverable under this
16    Section but that remain unsatisfied after foreclosure  except
17    where  such  additional  recovery  is  authorized by separate
18    environmental laws.  An action to foreclose this lien may  be
19    commenced  at any time after the date of filing of the notice
20    of  lien.  The  costs  of   foreclosure   incurred   by   the
21    municipality,  including  court  costs, reasonable attorney's
22    fees, advances to preserve  the  property,  and  other  costs
23    related to the enforcement of this subsection, plus statutory
24    interest, are a lien on the real estate.
25        All  liens  arising  under  this  subsection (f) shall be
26    assignable.  The assignee of the lien  shall  have  the  same
27    power to enforce the lien as the assigning party, except that
28    the lien may not be enforced under subsection (c).
29        (g)  In any case where a municipality has obtained a lien
30    under  subsection  (a),  the  municipality  may also bring an
31    action for a money judgment against the owner  or  owners  of
32    the  real estate in the amount of the lien in the same manner
33    as provided for bringing causes of action in  Article  II  of
34    the  Code  of Civil Procedure and, upon obtaining a judgment,
 
                            -191-    LRB093 05878 EFG 05971 b
 1    file a judgment lien against all of the real  estate  of  the
 2    owner  or  owners  and  enforce  that lien as provided for in
 3    Article XII of the Code of Civil Procedure.
 4    (Source: P.A. 91-162,  eff.  7-16-99;  91-177,  eff.  1-1-00;
 5    91-357,  eff.  7-29-99;  91-542,  eff.  1-1-00;  91-561, eff.
 6    1-1-00; 92-16, eff. 6-28-01; 92-574,  eff.  6-26-02;  92-681,
 7    eff. 1-1-03; revised 2-18-03.)

 8        Section  29.  The Metropolitan Water Reclamation District
 9    Act is amended by setting forth,  renumbering,  and  changing
10    multiple versions of Section 288 as follows:

11        (70 ILCS 2605/288)
12        Sec.  288.  District enlarged.  On March 7, 2002 Upon the
13    effective date of this amendatory Act  of  the  92nd  General
14    Assembly,  the  corporate  limits  of  the Metropolitan Water
15    Reclamation District Act are extended to include within those
16    limits the following described  tracts  of  land,  and  those
17    tracts are annexed to the District.

18    (1)  Parcel 1 (Canter Parcel)
19        THAT  PART OF SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST
20        OF THE THIRD PRINCIPAL MERIDIAN,  DESCRIBED  AS  FOLLOWS:
21        COMMENCING  AT  NORTHWEST  CORNER OF THE NORTHEAST 1/4 OF
22        THE NORTHWEST 1/4 OF SAID SECTION  21;  THENCE  SOUTH  00
23        DEGREES  12  MINUTES  00 SECONDS WEST (DEED BEING SOUTH),
24        ALONG  THE  WEST  LINE  OF  SAID  NORTHEAST  1/4  OF  THE
25        NORTHWEST 1/4, A DISTANCE OF 574.20 FEET; THENCE SOUTH 69
26        DEGREES 48 MINUTES 00 SECONDS EAST, A DISTANCE OF  181.20
27        FEET; THENCE SOUTH 28 DEGREES 49 MINUTES 00 SECONDS EAST,
28        A  DISTANCE  OF  720.45  FEET; THENCE SOUTH 38 DEGREES 25
29        MINUTES 33 SECONDS WEST, A DISTANCE OF 222.79 FEET  (DEED
30        BEING SOUTH 33 DEGREES 37 MINUTES 00 SECONDS WEST, 238.50
31        FEET)  TO  AN  IRON  STAKE;  THENCE  SOUTH  60 DEGREES 26
32        MINUTES 25 SECONDS EAST (DEED BEING SOUTH 59  DEGREES  41
 
                            -192-    LRB093 05878 EFG 05971 b
 1        MINUTES  00  SECONDS  EAST),  ALONG  A  LINE  THAT  WOULD
 2        INTERSECT  THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION
 3        21 AT A POINT  THAT  IS  669.25  FEET  NORTHERLY  OF  (AS
 4        MEASURED ALONG SAID EAST LINE) THE CENTER OF SAID SECTION
 5        21,  A DISTANCE OF 24.03 FEET FOR THE POINT OF BEGINNING;
 6        THENCE CONTINUING SOUTH 60 DEGREES 26 MINUTES 25  SECONDS
 7        EAST,  ALONG  SAID LINE, A DISTANCE OF 629.56 FEET TO THE
 8        INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF  A  LINE
 9        PREVIOUSLY  SURVEYED  AND  MONUMENTED;  THENCE  SOUTH  38
10        DEGREES  40  MINUTES  02 SECONDS WEST, ALONG SAID LINE, A
11        DISTANCE OF 1100.29 FEET (DEED BEING SOUTH 39 DEGREES  55
12        MINUTES 00 SECONDS WEST, 1098.70 FEET) TO THE CENTER LINE
13        OF  THE  CHICAGO-ELGIN  ROAD,  (NOW  KNOWN AS IRVING PARK
14        BOULEVARD AND STATE ROUTE NO. 19) AS SHOWN ON THE PLAT OF
15        DEDICATION RECORDED JUNE 9, 1933 AS DOCUMENT NO. 11245764
16        AND AS SHOWN ON A PLAT OF SURVEY DATED SEPTEMBER 22, 1932
17        APPROVED  BY  THE  SUPERINTENDENT  OF  HIGHWAYS  OF  COOK
18        COUNTY, ILLINOIS ON DECEMBER 17, 1933;  THENCE  SOUTH  51
19        DEGREES  24  MINUTES  19  SECONDS EAST, ALONG SAID CENTER
20        LINE, A DISTANCE OF 597.60 FEET (DEED BEING SOUTHEASTERLY
21        ALONG CENTER LINE, 620.50 FEET) TO A POINT  OF  CURVE  IN
22        SAID  CENTER  LINE,  ACCORDING  TO THE PLAT OF DEDICATION
23        RECORDED FEBRUARY 16, 1933 AS DOCUMENT NO.  11200330  AND
24        AFORESAID PLAT OF SURVEY; THENCE SOUTHEASTERLY, ALONG THE
25        SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT, HAVING
26        A  RADIUS  OF  4645.69 FEET AND BEING TANGENT TO THE LAST
27        DESCRIBED COURSE AT THE LAST DESCRIBED POINT, A  DISTANCE
28        OF 341.66 FEET (DEED BEING ALONG SAID CURVE, 338.30 FEET)
29        TO  THE  INTERSECTION  WITH  A  PREVIOUSLY  SURVEYED  AND
30        MONUMENTED  LINE;  THENCE  SOUTH 42 DEGREES 46 MINUTES 09
31        SECONDS WEST, ALONG SAID LINE, A DISTANCE OF  65.95  FEET
32        (DEED  BEING SOUTH 44 DEGREES 41 MINUTES 00 SECONDS WEST,
33        65 FEET) TO THE CENTER  LINE  OF  THE  OLD  CHICAGO-ELGIN
34        ROAD,  ACCORDING  TO THE AFORESAID PLAT OF SURVEY; THENCE
 
                            -193-    LRB093 05878 EFG 05971 b
 1        NORTH 56 DEGREES 45 MINUTES 03 SECONDS  WEST,  ALONG  THE
 2        CENTER  LINE  OF  THE  SAID  OLD  CHICAGO-ELGIN  ROAD,  A
 3        DISTANCE  OF  685.80 FEET (DEED BEING NORTH 54 DEGREES 52
 4        MINUTES 00 SECONDS WEST, 635.0 FEET) TO AN ANGLE IN  SAID
 5        CENTER  LINE;  THENCE  NORTH  44  DEGREES  23  MINUTES 58
 6        SECONDS WEST, ALONG  SAID  CENTER  LINE,  A  DISTANCE  OF
 7        878.23  FEET  (DEED  BEING NORTH 44 DEGREES 23 MINUTES 00
 8        SECONDS WEST) TO A LINE THAT IS DRAWN SOUTH 38 DEGREES 35
 9        MINUTES 41 SECONDS WEST FROM THE POINT OF  BEGINNING  AND
10        BEING PERPENDICULAR TO THE NORTHERLY RIGHT OF WAY LINE OF
11        THE  CHICAGO-ELGIN  ROAD,  AS  DESCRIBED ON THE AFORESAID
12        PLAT OF DEDICATION PER DOCUMENT NO. 11245764 AND SHOWN ON
13        THE AFORESAID PLAT OF SURVEY; THENCE NORTH 38 DEGREES  35
14        MINUTES 41 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A
15        DISTANCE  OF  1011.41  FEET  TO  THE  POINT OF BEGINNING,
16        (EXCEPTING THEREFROM SUCH PORTIONS THEREOF  AS  MAY  HAVE
17        BEEN   HERETOFORE   CONVEYED  OR  DEDICATED  FOR  HIGHWAY
18        PURPOSES) IN COOK COUNTY, ILLINOIS.
19        P.I.N.: 06-21-101-024-0000

20    (2)  Parcel 2 (T Bar J Ranch Parcel)
21    PARCEL 1:
22        THAT PART OF SECTION 21, TOWNSHIP 41 NORTH; RANGE 9  EAST
23        OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
24        COMMENCING  AT  THE NORTHWEST CORNER OF THE NORTHEAST 1/4
25        OF THE NORTHWEST 1/4 OF SAID  SECTION  21;  THENCE  SOUTH
26        ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST
27        1/4 OF SAID SECTION, 574.20 FEET; THENCE SOUTH 69 DEGREES
28        48  MINUTES EAST, 181.20 FEET; THENCE SOUTH 28 DEGREES 49
29        MINUTES EAST, 720.45 FEET; THENCE  SOUTH  33  DEGREES  37
30        MINUTES  WEST,  238.50  FEET;  THENCE SOUTH 75 DEGREES 29
31        MINUTES WEST, ALONG A FENCE LINE 510.8 FEET; THENCE SOUTH
32        29 DEGREES 48 MINUTES WEST, ALONG A  FENCE  LINE,  275.05
33        FEET  TO  THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES
34        40 MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES  47
 
                            -194-    LRB093 05878 EFG 05971 b
 1        MINUTES  WEST,  ALONG  A  FENCE  LINE,  175.5 FEET TO THE
 2        NORTHERLY RIGHT OF WAY LINE OF A PUBLIC HIGHWAY KNOWN  AS
 3        IRVING PARK BOULEVARD; THENCE SOUTH 50 DEGREES 21 MINUTES
 4        EAST  ALONG  SAID  NORTHERLY  RIGHT OF WAY LINE OF PUBLIC
 5        HIGHWAY, A DISTANCE OF 248.3 FEET  TO  A  POINT  THAT  IS
 6        SOUTH  29  DEGREES  48 MINUTES WEST, 251.15 FEET FROM THE
 7        POINT OF BEGINNING; THENCE NORTH 29 DEGREES  48  MINUTES,
 8        EAST  ALONG  A  FENCE  LINE  251.15  FEET  TO  A POINT OF
 9        BEGINNING, IN COOK COUNTY, ILLINOIS.
10        P.I.N.: 06-21-101-018-0000
11    PARCEL 2:
12        THAT PART OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 9  EAST
13        OF  THE  THIRD  PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
14        COMMENCING AT THE NORTHWEST CORNER OF THE  NORTHEAST  1/4
15        OF  THE  NORTHWEST  1/4  OF  SECTION 21 AFORESAID; THENCE
16        SOUTH ALONG THE WEST LINE OF THE  NORTHEAST  1/4  OF  THE
17        NORTHWEST  1/4  OF SAID SECTION, 574.2 FEET; THENCE SOUTH
18        69 DEGREES 48 MINUTES EAST, 181.2 FEET; THENCE  SOUTH  28
19        DEGREES  49  MINUTES  EAST,  720.45 FEET; THENCE SOUTH 33
20        DEGREES 37 MINUTES WEST,  238.5  FEET;  THENCE  SOUTH  75
21        DEGREES  29  MINUTES  WEST,  203.4  FEET  TO THE POINT OF
22        BEGINNING; THENCE CONTINUING SOUTH 75 DEGREES 29  MINUTES
23        WEST,  307.4  FEET;  THENCE  SOUTH  29 DEGREES 48 MINUTES
24        WEST, 275.05 FEET; THENCE NORTH  67  DEGREES  40  MINUTES
25        WEST,  277.64  FEET;  THENCE  SOUTH 19 DEGREES 47 MINUTES
26        WEST ALONG A FENCE LINE, 175.5 FEET TO NORTHERLY RIGHT OF
27        WAY  LINE  OF  PUBLIC  HIGHWAY  KNOWN  AS   IRVING   PARK
28        BOULEVARD;  THENCE NORTH 50 DEGREES 21 MINUTES WEST ALONG
29        SAID NORTHERLY RIGHT OF WAY LINE OF HIGHWAY  566.2  FEET;
30        THENCE  NORTH  17  DEGREES  17 MINUTES EAST ALONG A FENCE
31        LINE 193.07 FEET; THENCE NORTH 84 DEGREES 47 MINUTES EAST
32        988.44 FEET TO A FENCE LINE; THENCE SOUTH 31  DEGREES  51
33        MINUTES  EAST ALONG SAID FENCE LINE, A DISTANCE OF 282.19
34        FEET TO THE POINT OF BEGINNING  IN  HANOVER  TOWNSHIP  IN
 
                            -195-    LRB093 05878 EFG 05971 b
 1        COOK COUNTY, ILLINOIS.
 2        P.I.N.: 06-21-101-022-0000

 3    (3)  Parcel 3 (Gibas parcel)
 4        A  PARCEL OF LAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE
 5        9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN  COOK  COUNTY,
 6        ILLINOIS, DESCRIBED AS FOLLOWS:
 7        COMMENCING  AT  THE NORTHWEST CORNER OF THE NORTHEAST 1/4
 8        OF THE NORTHWEST 1/4 OF SAID  SECTION  21,  THENCE  SOUTH
 9        ALONG  THE  WEST  LINE  OF  SAID  NORTHEAST  1/4  OF  THE
10        NORTHWEST  1/4,  574.20  FEET; THENCE SOUTH 69 DEGREES 48
11        MINUTES EAST, 181.20  FEET  FOR  A  POINT  OF  BEGINNING,
12        THENCE  SOUTH  28  DEGREES  49 MINUTES EAST, 720.45 FEET;
13        THENCE SOUTH 33 DEGREES  37  MINUTES  WEST,  238.5  FEET;
14        THENCE  SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET TO A
15        FENCE CORNER; THENCE NORTH 31  DEGREES  51  MINUTES  WEST
16        ALONG A FENCE LINE, 512.8 FEET; THENCE NORTH 3 DEGREES 29
17        MINUTES  WEST ALONG SAID FENCE LINE 263.6 FEET TO A POINT
18        ON THE SOUTHERLY RIGHT OF WAY LINE OF NEW SCHAUMBURG ROAD
19        THAT IS 311.0 FEET MORE  OR  LESS  SOUTHWESTERLY  OF  THE
20        POINT  OF  BEGINNING; THENCE NORTHEASTERLY ALONG THE SAID
21        SOUTHERLY RIGHT OF WAY LINE OF ROAD 311.0  FEET  MORE  OR
22        LESS  TO THE POINT OF BEGINNING, (EXCEPTING SUCH PORTIONS
23        THEREOF AS MAY FALL  WITHIN  LOTS  10  OR  26  OF  COUNTY
24        CLERK'S  DIVISION  OF  SECTION  21  ACCORDING TO THE PLAT
25        THEREOF RECORDED, MAY 31, 1895 IN BOOK 65 OF  PLATS  PAGE
26        35) IN COOK COUNTY, ILLINOIS.
27        P.I.N.: 06-21-101-015-0000

28    (4)  Parcel 4 (Blake parcel)
29        THAT  PART  OF  SECTIONS  20 AND 21 IN TOWNSHIP 41 NORTH,
30        RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
31        FOLLOWS:
32        COMMENCING AT  THE  NORTHWEST  CORNER  OF  THE  NORTHEAST
33        QUARTER OF THE NORTHWEST QUARTER OF SECTION 21 AFORESAID;
 
                            -196-    LRB093 05878 EFG 05971 b
 1        THENCE SOUTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER
 2        OF  THE  NORTHWEST  QUARTER  OF SAID SECTION, 574.2 FEET;
 3        THENCE SOUTH 69 DEGREES  48  MINUTES  EAST,  181.2  FEET;
 4        THENCE  SOUTH  28  DEGREES  49 MINUTES EAST, 720.45 FEET;
 5        THENCE SOUTH 33 DEGREES  37  MINUTES  WEST,  238.5  FEET;
 6        THENCE  SOUTH  75  DEGREES  29  MINUTES WEST, 203.4 FEET;
 7        THENCE NORTH 31 DEGREES 51 MINUTES  WEST  ALONG  A  FENCE
 8        LINE,  282.19  FEET TO A POINT OF BEGINNING; THENCE SOUTH
 9        84 DEGREES 47 MINUTES WEST, 988.44 FEET TO A POINT  ON  A
10        FENCE  LINE  THAT  LIES NORTH 17 DEGREES 17 MINUTES EAST,
11        193.07 FEET FROM A POINT ON THE NORTHERLY  RIGHT  OF  WAY
12        LINE OF IRVING PARK BOULEVARD; THENCE NORTH 17 DEGREES 17
13        MINUTES  EAST  ALONG  SAID FENCE LINE, 276.03 FEET TO THE
14        SOUTHERLY RIGHT OF WAY LINE OF SCHAUMBURG  ROAD  (AS  NOW
15        DEDICATED);  THENCE EASTERLY AND NORTHEASTERLY ALONG SAID
16        SOUTHERLY RIGHT OF WAY LINE ON A CURVE TO LEFT  HAVING  A
17        RADIUS  OF  1425.4  FEET A DISTANCE OF 829.0 FEET; THENCE
18        SOUTH 3 DEGREES 29 MINUTES EAST ALONG A FENCE LINE  263.6
19        FEET;  THENCE  SOUTH  31  DEGREES 51 MINUTES EAST ALONG A
20        FENCE LINE A DISTANCE OF 230.61  FEET  TO  THE  POINT  OF
21        BEGINNING, IN HANOVER TOWNSHIP, COOK COUNTY, ILLINOIS.
22        P.I.N. PI.N.: 06-21-101-021-0000.
23    (Source: P.A. 92-532, eff. 3-7-02; revised 1-27-03.)

24        (70 ILCS 2605/289)
25        Sec.  289  288.  District  enlarged.   On August 22, 2002
26    Upon the effective date of this amendatory Act  of  the  92nd
27    General  Assembly,  the  corporate limits of the Metropolitan
28    Water Reclamation District are  extended  to  include  within
29    those  limits the following described tract of land, and that
30    tract is annexed to the District.
31                          LEGAL DESCRIPTION
32                             5.425 ACRES
33        THAT  PART  OF  THE  NORTHWEST  QUARTER  OF  SECTION  25,
 
                            -197-    LRB093 05878 EFG 05971 b
 1        TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE  THIRD  PRINCIPAL
 2        MERIDIAN, DESCRIBED AS FOLLOWS:
 3        COMMENCING  AT  THE  SOUTHEAST  CORNER  OF  THE NORTHWEST
 4        QUARTER OF SAID SECTION 25; THENCE NORTH  00° 00'00"  EAST
 5        ALONG  THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION
 6        25, A DISTANCE OF 1314.40 FEET TO THE NORTH LINE  OF  THE
 7        SOUTH  HALF  OF  SAID  NORTHWEST  QUARTER  OF SECTION 25;
 8        THENCE SOUTH 89° 15'17" WEST ALONG THE NORTH LINE OF  SAID
 9        SOUTH  HALF  OF  THE  NORTHWEST  QUARTER OF SECTION 25, A
10        DISTANCE OF 170.00 FEET;  THENCE  SOUTH  44° 22'03"  WEST,
11        410.93  FEET  TO  THE  POINT  OF  BEGINNING; THENCE SOUTH
12        89° 15'17" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH
13        HALF OF THE NORTHWEST QUARTER OF SECTION 25,  A  DISTANCE
14        OF  420.04  FEET TO A LINE 1755.25 FEET EAST OF, MEASURED
15        AT RIGHT ANGLES, AND PARALLEL WITH THE WEST LINE OF  SAID
16        NORTHWEST  QUARTER  OF SECTION 25; THENCE NORTH 00° 02'28"
17        WEST ALONG SAID PARALLEL LINE, 105.23 FEET; THENCE  SOUTH
18        89° 15'17" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH
19        HALF  OF  THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE
20        OF 300.13 FEET; THENCE SOUTH 00° 02'28" EAST, 150.68 FEET;
21        THENCE NORTH 89° 57'32" EAST  120.37  FEET;  THENCE  SOUTH
22        00° 02'28"  EAST  PARALLEL  WITH  THE  WEST  LINE  OF SAID
23        NORTHWEST QUARTER OF SECTION 25,  A  DISTANCE  OF  353.10
24        FEET; THENCE NORTH 89° 15'17" EAST PARALLEL WITH THE NORTH
25        LINE  OF  SAID  SOUTH  HALF  OF  THE NORTHWEST QUARTER OF
26        SECTION 25, A  DISTANCE  OF  479.77  FEET;  THENCE  NORTH
27        00° 02'28" WEST, 278.99 FEET; THENCE NORTH 44° 22'03" EAST,
28        171.50  FEET  TO  THE PLACE OF BEGINNING, IN COOK COUNTY,
29        ILLINOIS.
30    (Source: P.A. 92-843, eff. 8-22-02; revised 2-18-03.)

31        Section 30.  The  School  Code  is  amended  by  changing
32    Sections  10-17a,  10-22.20,  18-8.05,  and 34-18 and setting
33    forth and renumbering multiple versions of Sections  10-20.35
 
                            -198-    LRB093 05878 EFG 05971 b
 1    and 34-18.23 as follows:

 2        (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
 3        Sec. 10-17a.  Better schools accountability.
 4        (1)  Policy  and  Purpose.  It shall be the policy of the
 5    State of Illinois that each school district  in  this  State,
 6    including  special charter districts and districts subject to
 7    the provisions  of  Article  34,  shall  submit  to  parents,
 8    taxpayers   of  such  district,  the  Governor,  the  General
 9    Assembly, and the State Board of Education  a  school  report
10    card  assessing  the performance of its schools and students.
11    The report card shall  be  an  index  of  school  performance
12    measured  against  statewide  and  local  standards  and will
13    provide information to make prior year comparisons and to set
14    future year targets through the school improvement plan.
15        (2)  Reporting Requirements.  Each school district  shall
16    prepare  a  report card in accordance with the guidelines set
17    forth in this Section which describes the performance of  its
18    students by school attendance centers and by district and the
19    district's   financial   resources   and   use  of  financial
20    resources.  Such report card shall be presented at a  regular
21    school   board   meeting   subject   to   applicable   notice
22    requirements,  posted  on  the school district's Internet web
23    site, if the district maintains an Internet  web  site,  made
24    available  to  a newspaper of general circulation serving the
25    district, and, upon request, sent home to  a  parent  (unless
26    the district does not maintain an Internet web site, in which
27    case  the  report  card shall be sent home to parents without
28    request).  If the district  posts  the  report  card  on  its
29    Internet  web  site, the district shall send a written notice
30    home to parents stating (i) that the report card is available
31    on the web site, (ii) the address of the web site, (iii) that
32    a printed copy of the report card will  be  sent  to  parents
33    upon  request, and (iv) the telephone number that parents may
 
                            -199-    LRB093 05878 EFG 05971 b
 1    call to request a printed  copy  of  the  report  card.    In
 2    addition,  each  school  district  shall submit the completed
 3    report  card  to  the  office  of  the  district's   Regional
 4    Superintendent  which  shall  make  copies  available  to any
 5    individuals requesting them.
 6        The report card shall be completed and disseminated prior
 7    to October 31 in each school year.   The  report  card  shall
 8    contain,   but   not  be  limited  to,  actual  local  school
 9    attendance  center,  school  district  and   statewide   data
10    indicating  the  present performance of the school, the State
11    norms and the areas for planned improvement  for  the  school
12    and school district.
13        (3) (a)  The  report  card  shall  include  the following
14    applicable indicators of  attendance  center,  district,  and
15    statewide   student  performance:  percent  of  students  who
16    exceed, meet, or do not meet  standards  established  by  the
17    State   Board  of  Education  pursuant  to  Section  2-3.25a;
18    composite and subtest means on nationally normed  achievement
19    tests  for  college bound students; student attendance rates;
20    chronic truancy rate;  dropout  rate;  graduation  rate;  and
21    student  mobility,  turnover  shown as a percent of transfers
22    out and a percent of transfers in.
23        (b)  The  report  card  shall   include   the   following
24    descriptions  for  the  school, district, and State:  average
25    class size; amount of time per day  devoted  to  mathematics,
26    science,  English  and  social science at primary, middle and
27    junior high school grade levels; number  of  students  taking
28    the  Prairie  State  Achievement Examination under subsection
29    (c) of Section 2-3.64,  the  number  of  those  students  who
30    received  a  score  of  excellent,  and  the average score by
31    school of  students  taking  the  examination;  pupil-teacher
32    ratio;  pupil-administrator  ratio; operating expenditure per
33    pupil; district expenditure by  fund;  average  administrator
34    salary;  and  average  teacher  salary. The report card shall
 
                            -200-    LRB093 05878 EFG 05971 b
 1    also specify the amount of money that the  district  receives
 2    from  all sources, including without limitation subcategories
 3    specifying the amount from local property taxes,  the  amount
 4    from  general State aid, the amount from other State funding,
 5    and the amount from other income.
 6        (c)  The report card shall include applicable  indicators
 7    of  parental  involvement  in  each  attendance  center.  The
 8    parental involvement  component  of  the  report  card  shall
 9    include the percentage of students whose parents or guardians
10    have  had  one  or  more personal contacts with the students'
11    teachers during the  school  year  concerning  the  students'
12    education,   and  such  other  information,  commentary,  and
13    suggestions as the school district desires.  For the purposes
14    of this paragraph, "personal contact" includes,  but  is  not
15    limited  to,  parent-teacher  conferences, parental visits to
16    school, school visits to home, telephone  conversations,  and
17    written  correspondence.   The parental involvement component
18    shall  not  single  out  or  identify  individual   students,
19    parents, or guardians by name.
20        (d)  The  report card form shall be prepared by the State
21    Board of Education and provided to school  districts  by  the
22    most efficient, economic, and appropriate means.
23    (Source: P.A.  92-604,  eff.  7-1-02;  92-631,  eff. 7-11-02;
24    revised 7-26-02.)

25        (105 ILCS 5/10-20.35)
26        Sec. 10-20.35.  Medical information form for bus  drivers
27    and  emergency  medical  technicians.  School  districts  are
28    encouraged to create and use an emergency medical information
29    form  for  bus  drivers and emergency medical technicians for
30    those students with special needs or medical conditions.  The
31    form   may  include  without  limitation  information  to  be
32    provided by the student's parent or legal guardian concerning
33    the student's relevant medical conditions,  medications  that
 
                            -201-    LRB093 05878 EFG 05971 b
 1    the  student  is  taking, the student's communication skills,
 2    and how a bus driver or an emergency medical technician is to
 3    respond to certain behaviors of the student. If the  form  is
 4    used, the school district is encouraged to notify parents and
 5    legal  guardians  of the availability of the form. The parent
 6    or legal guardian of the student may fill out  the  form  and
 7    submit  it  to  the school that the student is attending. The
 8    school district is encouraged to keep one copy of the form on
 9    file at the school and another copy on the  student's  school
10    bus in a secure location.
11    (Source: P.A. 92-580, eff. 7-1-02.)

12        (105 ILCS 5/10-20.36)
13        Sec.  10-20.36 10-20.35.  Psychotropic or psychostimulant
14    medication; disciplinary action.
15        (a)  In this Section:
16        "Psychostimulant  medication"   means   medication   that
17    produces  increased  levels of mental and physical energy and
18    alertness and an elevated mood  by  stimulating  the  central
19    nervous system.
20        "Psychotropic  medication"  means psychotropic medication
21    as defined in  Section  1-121.1  of  the  Mental  Health  and
22    Developmental Disabilities Code.
23        (b)  Each  school board must adopt and implement a policy
24    that prohibits any disciplinary action that is based  totally
25    or  in  part on the refusal of a student's parent or guardian
26    to  administer  or   consent   to   the   administration   of
27    psychotropic or psychostimulant medication to the student.
28        The  policy  must  require  that,  at  least once every 2
29    years, the in-service training of certified school  personnel
30    and administrators include training on current best practices
31    regarding  the  identification  and  treatment  of  attention
32    deficit   disorder   and   attention   deficit  hyperactivity
33    disorder,  the   application   of   non-aversive   behavioral
 
                            -202-    LRB093 05878 EFG 05971 b
 1    interventions  in  the  school  environment,  and  the use of
 2    psychotropic or  psychostimulant  medication  for  school-age
 3    children.
 4        (c)  This Section does not prohibit school medical staff,
 5    an individualized educational program team, or a professional
 6    worker  (as  defined  in  Section  14-1.10 of this Code) from
 7    recommending that a student be evaluated  by  an  appropriate
 8    medical   practitioner  or  prohibit  school  personnel  from
 9    consulting with the practitioner  with  the  consent  of  the
10    student's parents or guardian.
11    (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)

12        (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
13        Sec.  10-22.20.  Classes  for  adults  and  youths  whose
14    schooling   has   been   interrupted;  conditions  for  State
15    reimbursement; use of child care facilities.
16        (a)  To establish special classes for the instruction (1)
17    of persons of age 21 years or over, and (2) of  persons  less
18    than age 21 and not otherwise in attendance in public school,
19    for  the  purpose  of  providing adults in the community, and
20    youths  whose  schooling  has  been  interrupted,  with  such
21    additional basic education, vocational  skill  training,  and
22    other  instruction  as  may  be  necessary  to increase their
23    qualifications for employment or other means of  self-support
24    and  their ability to meet their responsibilities as citizens
25    including  courses  of  instruction  regularly  accepted  for
26    graduation  from  elementary  or   high   schools   and   for
27    Americanization  and  General  Educational Development Review
28    classes.
29        The board  shall  pay  the  necessary  expenses  of  such
30    classes  out of school funds of the district, including costs
31    of student transportation and such  facilities  or  provision
32    for  child-care  as  may  be necessary in the judgment of the
33    board  to  permit  maximum  utilization  of  the  courses  by
 
                            -203-    LRB093 05878 EFG 05971 b
 1    students with  children,  and  other  special  needs  of  the
 2    students  directly related to such instruction.  The expenses
 3    thus incurred shall be subject  to  State  reimbursement,  as
 4    provided  in  this  Section.   The  board  may make a tuition
 5    charge for persons taking instruction who are not subject  to
 6    State  reimbursement,  such  tuition charge not to exceed the
 7    per capita cost of such classes.
 8        The cost of such instruction,  including  the  additional
 9    expenses   herein  authorized,  incurred  for  recipients  of
10    financial aid under the Illinois  Public  Aid  Code,  or  for
11    persons   for  whom  education  and  training  aid  has  been
12    authorized under Section 9-8 of that Code, shall  be  assumed
13    in  its  entirety from funds appropriated by the State to the
14    Illinois Community College Board.
15        (b)  The Illinois Community College Board shall establish
16    the standards for the courses of instruction reimbursed under
17    this Section.  The Illinois  Community  College  Board  shall
18    supervise  the  administration of the programs.  The Illinois
19    Community  College  Board  shall  determine   the   cost   of
20    instruction  in  accordance with standards established by the
21    the Illinois Community College Board, including therein other
22    incidental costs as herein authorized, which shall  serve  as
23    the  basis  of  State  reimbursement  in  accordance with the
24    provisions of  this Section. In the approval of programs  and
25    the  determination  of  the cost of instruction, the Illinois
26    Community  College  Board  shall  provide  for  the   maximum
27    utilization  of federal funds for such programs. The Illinois
28    Community College Board shall also provide for:
29             (1)  the development of an index of need for program
30        planning and for area funding allocations, as defined  by
31        the Illinois Community College Board;
32             (2)  the    method    for   calculating   hours   of
33        instruction, as defined by the Illinois Community College
34        Board, claimable for reimbursement and a method to  phase
 
                            -204-    LRB093 05878 EFG 05971 b
 1        in  the calculation and for adjusting the calculations in
 2        cases where the services of a program are interrupted due
 3        to  circumstances  beyond  the  control  of  the  program
 4        provider;
 5             (3)  a  plan  for  the  reallocation  of  funds   to
 6        increase  the  amount  allocated  for  grants  based upon
 7        program performance as set forth in subsection (d) below;
 8        and
 9             (4)  the development of  standards  for  determining
10        grants  based upon performance as set forth in subsection
11        (d) below and a plan for the phased-in implementation  of
12        those standards.
13        For   instruction   provided   by  school  districts  and
14    community  college  districts  beginning  July  1,  1996  and
15    thereafter, reimbursement provided by the Illinois  Community
16    College Board for classes authorized by this Section shall be
17    provided   from  funds  appropriated  for  the  reimbursement
18    criteria set forth in subsection (c) below.
19        (c)  Upon the annual approval of the  Illinois  Community
20    College  Board,  reimbursement  shall  be  first provided for
21    transportation, child care services, and other special  needs
22    of the students directly related to instruction and then from
23    the  funds  remaining  an  amount equal to the product of the
24    total credit hours or units of instruction  approved  by  the
25    Illinois   Community   College   Board,   multiplied  by  the
26    following:
27             (1)  For  adult   basic   education,   the   maximum
28        reimbursement  per credit hour or per unit of instruction
29        shall be  equal  to  the  general  state  aid  per  pupil
30        foundation level established in subsection (B) of Section
31        18-8.05, divided by 60;
32             (2)  The  maximum  reimbursement  per credit hour or
33        per unit of instruction in subparagraph (1)  above  shall
34        be  weighted  for students enrolled in classes defined as
 
                            -205-    LRB093 05878 EFG 05971 b
 1        vocational skills and approved by the Illinois  Community
 2        College Board by 1.25;
 3             (3)  The  maximum  reimbursement  per credit hour or
 4        per unit of instruction in subparagraph (1)  above  shall
 5        be  multiplied  by  .90  for students enrolled in classes
 6        defined  as  adult  secondary  education   programs   and
 7        approved by the Illinois Community College Board;
 8             (4)  For  community  college  districts  the maximum
 9        reimbursement per credit hour in subparagraphs (1),  (2),
10        and  (3)  above  shall  be  reduced  by  the  Adult Basic
11        Education/Adult Secondary Education/English As  A  Second
12        Language  credit  hour  grant  rate prescribed in Section
13        2-16.02 of the Public Community College Act, as pro-rated
14        to the appropriation level; and
15             (5)  Programs receiving funds under the formula that
16        was in effect during the  1994-1995  program  year  which
17        continue  to  be approved and which generate at least 80%
18        of the hours claimable in 1994-95,  or  in  the  case  of
19        programs  not  approved  in  1994-95  at least 80% of the
20        hours  claimable  in  1995-96,  shall  have  funding  for
21        subsequent years based upon 100% of the  1995-96  formula
22        funding  level  for  1996-97,  90% of the 1995-96 formula
23        funding level for 1997-98, 80%  of  the  1995-96  formula
24        funding level for 1998-99, and 70% of the 1995-96 formula
25        funding  level  for  1999-2000.  For any approved program
26        which generates less than 80% of the claimable  hours  in
27        its  base  year,  the  level  of funding pursuant to this
28        paragraph shall be reduced proportionately.  Funding  for
29        program  years after 1999-2000 shall be determined by the
30        Illinois Community College Board.
31        (d)  Upon its annual approval,,  the  Illinois  Community
32    College  Board  shall provide grants to eligible programs for
33    supplemental activities to improve or expand  services  under
34    the   Adult  Education  Act.    Eligible  programs  shall  be
 
                            -206-    LRB093 05878 EFG 05971 b
 1    determined based upon performance outcomes of students in the
 2    programs as set by the Illinois Community College Board.
 3        (e)  Reimbursement under this Section  shall  not  exceed
 4    the actual costs of the approved program.
 5        If  the  amount  appropriated  to  the Illinois Community
 6    College Board for reimbursement under this  Section  is  less
 7    than  the  amount  required under this Act, the apportionment
 8    shall be proportionately reduced.
 9        School districts  and  community  college  districts  may
10    assess  students  up  to  $3.00  per credit hour, for classes
11    other than Adult Basic Education level programs, if needed to
12    meet program costs.
13        (f)  An education plan  shall  be  established  for  each
14    adult  or  youth whose schooling has been interrupted and who
15    is participating in the instructional programs provided under
16    this Section.
17        Each school board and community  college  shall  keep  an
18    accurate and detailed account of the students assigned to and
19    receiving  instruction  under this Section who are subject to
20    State reimbursement and  shall  submit  reports  of  services
21    provided  commencing with fiscal year 1997 as required by the
22    Illinois Community College Board.
23        For classes authorized under this Section, a credit  hour
24    or  unit  of  instruction  is  equal  to  15  hours of direct
25    instruction for students enrolled in approved adult education
26    programs at midterm  and  making  satisfactory  progress,  in
27    accordance   with   standards  established  by  the  Illinois
28    Community College Board.
29        (g)  Upon proof submitted to the Illinois  Department  of
30    Human  Services  of the payment of all claims submitted under
31    this Section, that Department shall apply for  federal  funds
32    made  available  therefor  and  any federal funds so received
33    shall be paid into the General  Revenue  Fund  in  the  State
34    Treasury.
 
                            -207-    LRB093 05878 EFG 05971 b
 1        School  districts or community colleges providing classes
 2    under this Section shall submit applications to the  Illinois
 3    Community  College  Board  for preapproval in accordance with
 4    the standards established by the Illinois  Community  College
 5    Board.   Payments  shall  be  made  by the Illinois Community
 6    College  Board  based  upon   approved   programs.    Interim
 7    expenditure reports may be required by the Illinois Community
 8    College  Board.   Final  claims  for the school year shall be
 9    submitted to the regional superintendents for transmittal  to
10    the   Illinois   Community  College  Board.   Final  adjusted
11    payments shall be made by September 30.
12        If a school district or community college district  fails
13    to  provide,  or  is providing unsatisfactory or insufficient
14    classes under this Section, the  Illinois  Community  College
15    Board  may  enter  into  agreements  with  public  or private
16    educational or other agencies other than the  public  schools
17    for the establishment of such classes.
18        (h)  If  a  school district or community college district
19    establishes  child-care  facilities  for  the   children   of
20    participants  in  classes  established under this Section, it
21    may extend the use of these facilities to students  who  have
22    obtained  employment  and  to  other persons in the community
23    whose children require care and supervision while the  parent
24    or  other  person  in  charge  of the children is employed or
25    otherwise absent from the home during all or part of the day.
26    It may make the facilities available before and after as well
27    as during regular school hours to school  age  and  preschool
28    age  children who may benefit thereby, including children who
29    require care and supervision  pending  the  return  of  their
30    parent   or  other  person  in  charge  of  their  care  from
31    employment or other activity requiring absence from the home.
32        The Illinois Community College Board  shall  pay  to  the
33    board the cost of care in the facilities for any child who is
34    a  recipient  of  financial aid under the Illinois Public Aid
 
                            -208-    LRB093 05878 EFG 05971 b
 1    Code.
 2        The board may charge for care of  children  for  whom  it
 3    cannot  make claim under the provisions of this Section.  The
 4    charge shall not exceed per capita cost, and  to  the  extent
 5    feasible,  shall  be  fixed  at  a  level  which  will permit
 6    utilization by employed parents of low  or  moderate  income.
 7    It  may  also  permit  any  other State or local governmental
 8    agency or private  agency  providing  care  for  children  to
 9    purchase care.
10        After  July  1,  1970  when  the  provisions  of  Section
11    10-20.20  become  operative  in  the  district, children in a
12    child-care facility shall be transferred to the  kindergarten
13    established under that Section for such portion of the day as
14    may  be  required  for the kindergarten program, and only the
15    prorated costs of care and training provided  in  the  Center
16    for  the  remaining  period  shall be charged to the Illinois
17    Department of Human Services or  other  persons  or  agencies
18    paying for such care.
19        (i)  The  provisions  of this Section shall also apply to
20    school districts having a population exceeding 500,000.
21        (j)  In addition to  claiming  reimbursement  under  this
22    Section,  a school district may claim general State aid under
23    Section 18-8.05 for any student under age 21 who is  enrolled
24    in  courses  accepted  for graduation from elementary or high
25    school and who otherwise meets the  requirements  of  Section
26    18-8.05.
27    (Source: P.A.   90-14,  eff.  7-1-97;  90-548,  eff.  1-1-98;
28    90-802, eff. 12-15-98; 91-830, eff. 7-1-01; revised 2-17-03.)

29        (105 ILCS 5/18-8.05)
30        Sec. 18-8.05.  Basis for apportionment of  general  State
31    financial  aid  and  supplemental  general  State  aid to the
32    common schools for the 1998-1999 and subsequent school years.

33    (A)  General Provisions.
 
                            -209-    LRB093 05878 EFG 05971 b
 1        (1)  The  provisions  of  this  Section  apply   to   the
 2    1998-1999 and subsequent school years.  The system of general
 3    State  financial aid provided for in this Section is designed
 4    to assure that, through a combination of State financial  aid
 5    and  required local resources, the financial support provided
 6    each pupil in Average Daily Attendance equals  or  exceeds  a
 7    prescribed per pupil Foundation Level.  This formula approach
 8    imputes  a  level  of per pupil Available Local Resources and
 9    provides for the basis to calculate  a  per  pupil  level  of
10    general  State  financial  aid  that, when added to Available
11    Local Resources, equals or exceeds the Foundation Level.  The
12    amount of per pupil general State financial  aid  for  school
13    districts,   in   general,  varies  in  inverse  relation  to
14    Available Local Resources.  Per pupil amounts are based  upon
15    each  school district's Average Daily Attendance as that term
16    is defined in this Section.
17        (2)  In addition to general State financial  aid,  school
18    districts  with  specified levels or concentrations of pupils
19    from  low  income  households   are   eligible   to   receive
20    supplemental  general  State financial aid grants as provided
21    pursuant to subsection (H). The supplemental State aid grants
22    provided for school districts under subsection (H)  shall  be
23    appropriated  for distribution to school districts as part of
24    the same line item in which the general State  financial  aid
25    of school districts is appropriated under this Section.
26        (3)  To  receive financial assistance under this Section,
27    school districts are required to file claims with  the  State
28    Board of Education, subject to the following requirements:
29             (a)  Any  school  district which fails for any given
30        school year to maintain school as required by law, or  to
31        maintain  a recognized school is not eligible to file for
32        such school year any claim upon the Common  School  Fund.
33        In  case  of  nonrecognition  of  one  or more attendance
34        centers  in  a  school   district   otherwise   operating
 
                            -210-    LRB093 05878 EFG 05971 b
 1        recognized  schools,  the  claim of the district shall be
 2        reduced  in  the  proportion  which  the  Average   Daily
 3        Attendance  in  the  attendance center or centers bear to
 4        the Average Daily Attendance in the school  district.   A
 5        "recognized  school"  means any public school which meets
 6        the standards as established for recognition by the State
 7        Board of Education.   A  school  district  or  attendance
 8        center  not  having  recognition  status  at the end of a
 9        school term is entitled to receive State aid payments due
10        upon  a  legal  claim  which  was  filed  while  it   was
11        recognized.
12             (b)  School district claims filed under this Section
13        are subject to Sections 18-9, 18-10, and 18-12, except as
14        otherwise provided in this Section.
15             (c)  If  a  school  district  operates  a  full year
16        school under Section 10-19.1, the general  State  aid  to
17        the  school  district  shall  be  determined by the State
18        Board of Education in accordance  with  this  Section  as
19        near as may be applicable.
20             (d)  (Blank).
21        (4)  Except  as  provided in subsections (H) and (L), the
22    board of any district receiving any of  the  grants  provided
23    for  in  this  Section  may  apply those funds to any fund so
24    received  for  which  that  board  is  authorized   to   make
25    expenditures by law.
26        School  districts  are  not  required  to exert a minimum
27    Operating Tax Rate in order to qualify for  assistance  under
28    this Section.
29        (5)  As  used  in  this Section the following terms, when
30    capitalized, shall have the meaning ascribed herein:
31             (a)  "Average Daily Attendance":  A count  of  pupil
32        attendance   in  school,  averaged  as  provided  for  in
33        subsection  (C)  and  utilized  in  deriving  per   pupil
34        financial support levels.
 
                            -211-    LRB093 05878 EFG 05971 b
 1             (b)  "Available  Local Resources":  A computation of
 2        local financial  support,  calculated  on  the  basis  of
 3        Average Daily Attendance and derived as provided pursuant
 4        to subsection (D).
 5             (c)  "Corporate    Personal   Property   Replacement
 6        Taxes":  Funds paid to local school districts pursuant to
 7        "An Act in  relation  to  the  abolition  of  ad  valorem
 8        personal  property  tax  and  the replacement of revenues
 9        lost thereby, and amending and repealing certain Acts and
10        parts of Acts in connection therewith", certified  August
11        14, 1979, as amended (Public Act 81-1st S.S.-1).
12             (d)  "Foundation  Level":  A prescribed level of per
13        pupil financial support as  provided  for  in  subsection
14        (B).
15             (e)  "Operating  Tax  Rate":   All  school  district
16        property taxes extended for all purposes, except Bond and
17        Interest,  Summer  School, Rent, Capital Improvement, and
18        Vocational Education Building purposes.

19    (B)  Foundation Level.
20        (1)  The Foundation Level is a figure established by  the
21    State  representing  the minimum level of per pupil financial
22    support that should be available to  provide  for  the  basic
23    education  of each pupil in Average Daily Attendance.  As set
24    forth in this Section, each school  district  is  assumed  to
25    exert   a  sufficient  local  taxing  effort  such  that,  in
26    combination with the aggregate of general State financial aid
27    provided the  district,  an  aggregate  of  State  and  local
28    resources  are available to meet the basic education needs of
29    pupils in the district.
30        (2)  For the 1998-1999 school year, the Foundation  Level
31    of  support  is  $4,225.   For the 1999-2000 school year, the
32    Foundation Level of support is  $4,325.   For  the  2000-2001
33    school year, the Foundation Level of support is $4,425.
34        (3)  For  the  2001-2002 school year and each school year
 
                            -212-    LRB093 05878 EFG 05971 b
 1    thereafter, the Foundation Level of support is $4,560 or such
 2    greater amount as may be established by law  by  the  General
 3    Assembly.

 4    (C)  Average Daily Attendance.
 5        (1)  For   purposes  of  calculating  general  State  aid
 6    pursuant to  subsection  (E),  an  Average  Daily  Attendance
 7    figure  shall  be  utilized.   The  Average  Daily Attendance
 8    figure for formula calculation purposes shall be the  monthly
 9    average  of the actual number of pupils in attendance of each
10    school district, as further averaged for the best 3 months of
11    pupil attendance for each school district.  In compiling  the
12    figures  for  the  number  of  pupils  in  attendance, school
13    districts  and  the  State  Board  of  Education  shall,  for
14    purposes of general State  aid  funding,  conform  attendance
15    figures to the requirements of subsection (F).
16        (2)  The  Average  Daily  Attendance  figures utilized in
17    subsection (E) shall be the requisite attendance data for the
18    school year immediately preceding the school year  for  which
19    general  State  aid is being calculated or the average of the
20    attendance data for the 3 preceding school  years,  whichever
21    is greater.  The Average Daily Attendance figures utilized in
22    subsection (H) shall be the requisite attendance data for the
23    school  year  immediately preceding the school year for which
24    general State aid is being calculated.

25    (D)  Available Local Resources.
26        (1)  For  purposes  of  calculating  general  State   aid
27    pursuant  to  subsection  (E),  a representation of Available
28    Local Resources per  pupil,  as  that  term  is  defined  and
29    determined  in this subsection, shall be utilized.  Available
30    Local Resources per pupil shall include a  calculated  dollar
31    amount representing local school district revenues from local
32    property   taxes   and   from   Corporate  Personal  Property
33    Replacement Taxes,  expressed  on  the  basis  of  pupils  in
 
                            -213-    LRB093 05878 EFG 05971 b
 1    Average Daily Attendance.
 2        (2)  In  determining  a  school  district's  revenue from
 3    local property taxes, the  State  Board  of  Education  shall
 4    utilize  the  equalized  assessed  valuation  of  all taxable
 5    property of each school district as of September  30  of  the
 6    previous  year.   The  equalized  assessed valuation utilized
 7    shall be obtained and determined as  provided  in  subsection
 8    (G).
 9        (3)  For school districts maintaining grades kindergarten
10    through  12,  local  property tax revenues per pupil shall be
11    calculated  as  the  product  of  the  applicable   equalized
12    assessed  valuation for the district multiplied by 3.00%, and
13    divided by the district's Average  Daily  Attendance  figure.
14    For  school districts maintaining grades kindergarten through
15    8, local property tax revenues per pupil shall be  calculated
16    as the product of the applicable equalized assessed valuation
17    for  the  district  multiplied  by  2.30%, and divided by the
18    district's  Average  Daily  Attendance  figure.   For  school
19    districts maintaining grades 9 through 12, local property tax
20    revenues per pupil shall be the applicable equalized assessed
21    valuation of the district multiplied by 1.05%, and divided by
22    the district's Average Daily Attendance figure.
23        (4)  The Corporate Personal  Property  Replacement  Taxes
24    paid to each school district during the calendar year 2 years
25    before  the  calendar  year  in  which  a school year begins,
26    divided by the  Average  Daily  Attendance  figure  for  that
27    district,  shall  be added to the local property tax revenues
28    per pupil as derived by the application  of  the  immediately
29    preceding  paragraph (3).  The sum of these per pupil figures
30    for each school district  shall  constitute  Available  Local
31    Resources  as  that term is utilized in subsection (E) in the
32    calculation of general State aid.

33    (E)  Computation of General State Aid.
34        (1)  For each school year, the amount  of  general  State
 
                            -214-    LRB093 05878 EFG 05971 b
 1    aid  allotted  to  a school district shall be computed by the
 2    State Board of Education as provided in this subsection.
 3        (2)  For any school district for  which  Available  Local
 4    Resources  per  pupil  is less than the product of 0.93 times
 5    the Foundation Level, general State  aid  for  that  district
 6    shall  be  calculated  as  an  amount equal to the Foundation
 7    Level minus Available  Local  Resources,  multiplied  by  the
 8    Average Daily Attendance of the school district.
 9        (3)  For  any  school  district for which Available Local
10    Resources per pupil is equal to or greater than  the  product
11    of  0.93 times the Foundation Level and less than the product
12    of 1.75 times the Foundation Level, the general State aid per
13    pupil shall be a decimal proportion of the  Foundation  Level
14    derived   using   a  linear  algorithm.   Under  this  linear
15    algorithm, the calculated general State aid per  pupil  shall
16    decline   in  direct  linear  fashion  from  0.07  times  the
17    Foundation Level for a school district with  Available  Local
18    Resources  equal  to the product of 0.93 times the Foundation
19    Level, to 0.05  times  the  Foundation  Level  for  a  school
20    district  with Available Local Resources equal to the product
21    of 1.75  times  the  Foundation  Level.   The  allocation  of
22    general  State  aid  for  school  districts  subject  to this
23    paragraph 3 shall be the calculated  general  State  aid  per
24    pupil  figure  multiplied  by the Average Daily Attendance of
25    the school district.
26        (4)  For any school district for  which  Available  Local
27    Resources  per  pupil  equals  or exceeds the product of 1.75
28    times the Foundation Level, the general  State  aid  for  the
29    school  district  shall  be calculated as the product of $218
30    multiplied by the Average  Daily  Attendance  of  the  school
31    district.
32        (5)  The  amount  of  general  State  aid  allocated to a
33    school district for the 1999-2000  school  year  meeting  the
34    requirements  set  forth  in  paragraph (4) of subsection (G)
 
                            -215-    LRB093 05878 EFG 05971 b
 1    shall be increased by an amount equal to  the  general  State
 2    aid  that  would  have  been received by the district for the
 3    1998-1999 school year by utilizing the  Extension  Limitation
 4    Equalized  Assessed  Valuation as calculated in paragraph (4)
 5    of subsection (G) less the general State aid allotted for the
 6    1998-1999 school year.  This amount shall  be  deemed  a  one
 7    time  increase, and shall not affect any future general State
 8    aid allocations.

 9    (F)  Compilation of Average Daily Attendance.
10        (1)  Each school district shall, by July 1 of each  year,
11    submit  to  the State Board of Education, on forms prescribed
12    by the State Board of Education, attendance figures  for  the
13    school  year  that began in the preceding calendar year.  The
14    attendance information  so  transmitted  shall  identify  the
15    average daily attendance figures for each month of the school
16    year.   Beginning  with  the general State aid claim form for
17    the 2002-2003 school year, districts shall calculate  Average
18    Daily  Attendance  as  provided in subdivisions (a), (b), and
19    (c) of this paragraph (1).
20             (a)  In  districts  that  do  not  hold   year-round
21        classes,  days  of attendance in August shall be added to
22        the month of September and any days of attendance in June
23        shall be added to the month of May.
24             (b)  In  districts  in  which  all  buildings   hold
25        year-round classes, days of attendance in July and August
26        shall  be added to the month of September and any days of
27        attendance in June shall be added to the month of May.
28             (c)  In districts in which some buildings,  but  not
29        all,  hold  year-round  classes,  for  the non-year-round
30        buildings, days of attendance in August shall be added to
31        the month of September and any days of attendance in June
32        shall be added to the month of  May.  The  average  daily
33        attendance for the year-round buildings shall be computed
34        as  provided in subdivision (b) of this paragraph (1). To
 
                            -216-    LRB093 05878 EFG 05971 b
 1        calculate the Average Daily Attendance for the  district,
 2        the average daily attendance for the year-round buildings
 3        shall  be  multiplied  by  the  days  in  session for the
 4        non-year-round buildings for each month and added to  the
 5        monthly attendance of the non-year-round buildings.
 6        Except  as  otherwise  provided  in this Section, days of
 7    attendance by pupils shall be counted only  for  sessions  of
 8    not  less  than  5  clock  hours of school work per day under
 9    direct supervision of: (i)  teachers,  or  (ii)  non-teaching
10    personnel   or   volunteer   personnel   when   engaging   in
11    non-teaching   duties  and  supervising  in  those  instances
12    specified in subsection (a) of Section 10-22.34 and paragraph
13    10 of Section 34-18, with pupils of legal school age  and  in
14    kindergarten and grades 1 through 12.
15        Days  of attendance by tuition pupils shall be accredited
16    only to the districts that pay the tuition  to  a  recognized
17    school.
18        (2)  Days  of  attendance  by pupils of less than 5 clock
19    hours of school shall be subject to the following  provisions
20    in the compilation of Average Daily Attendance.
21             (a)  Pupils  regularly  enrolled  in a public school
22        for only a part of the school day may be counted  on  the
23        basis  of  1/6 day for every class hour of instruction of
24        40 minutes or more attended pursuant to such  enrollment,
25        unless  a pupil is enrolled in a block-schedule format of
26        80 minutes or more of  instruction,  in  which  case  the
27        pupil  may  be  counted on the basis of the proportion of
28        minutes of school work completed each day to the  minimum
29        number of minutes that school work is required to be held
30        that day.
31             (b)  Days  of  attendance  may  be less than 5 clock
32        hours on the opening and closing of the school term,  and
33        upon  the first day of pupil attendance, if preceded by a
34        day  or  days  utilized  as  an  institute  or  teachers'
 
                            -217-    LRB093 05878 EFG 05971 b
 1        workshop.
 2             (c)  A session of 4  or  more  clock  hours  may  be
 3        counted  as a day of attendance upon certification by the
 4        regional  superintendent,  and  approved  by  the   State
 5        Superintendent  of  Education  to  the  extent  that  the
 6        district has been forced to use daily multiple sessions.
 7             (d)  A  session  of  3  or  more  clock hours may be
 8        counted as a day of attendance (1) when the remainder  of
 9        the school day or at least 2 hours in the evening of that
10        day  is  utilized  for an in-service training program for
11        teachers, up to a maximum of 5 days per  school  year  of
12        which  a maximum of 4 days of such 5 days may be used for
13        parent-teacher conferences, provided a district  conducts
14        an  in-service  training  program  for teachers which has
15        been approved by the State Superintendent  of  Education;
16        or,  in  lieu of 4 such days, 2 full days may be used, in
17        which event each such day may be  counted  as  a  day  of
18        attendance;  and  (2)  when  days  in  addition  to those
19        provided in item (1) are scheduled by a  school  pursuant
20        to  its  school improvement plan adopted under Article 34
21        or its revised or amended school improvement plan adopted
22        under Article 2, provided that (i) such sessions of 3  or
23        more  clock  hours  are  scheduled  to  occur  at regular
24        intervals, (ii) the remainder of the school days in which
25        such sessions occur are utilized for in-service  training
26        programs   or  other  staff  development  activities  for
27        teachers, and (iii) a sufficient  number  of  minutes  of
28        school  work under the direct supervision of teachers are
29        added to the school days between such regularly scheduled
30        sessions to  accumulate  not  less  than  the  number  of
31        minutes  by  which such sessions of 3 or more clock hours
32        fall short of 5 clock hours. Any full days used  for  the
33        purposes  of  this  paragraph shall not be considered for
34        computing average daily attendance.  Days  scheduled  for
 
                            -218-    LRB093 05878 EFG 05971 b
 1        in-service    training    programs,   staff   development
 2        activities,  or   parent-teacher   conferences   may   be
 3        scheduled  separately  for  different  grade  levels  and
 4        different attendance centers of the district.
 5             (e)  A  session  of  not less than one clock hour of
 6        teaching hospitalized or homebound pupils on-site  or  by
 7        telephone  to  the classroom may be counted as 1/2 day of
 8        attendance, however these pupils must receive 4  or  more
 9        clock  hours  of instruction to be counted for a full day
10        of attendance.
11             (f)  A session of at least  4  clock  hours  may  be
12        counted  as  a  day of attendance for first grade pupils,
13        and pupils in full day kindergartens, and a session of  2
14        or  more hours may be counted as 1/2 day of attendance by
15        pupils in kindergartens which provide  only  1/2  day  of
16        attendance.
17             (g)  For  children  with  disabilities who are below
18        the age of 6 years and who cannot attend 2 or more  clock
19        hours  because  of  their  disability  or  immaturity,  a
20        session of not less than one clock hour may be counted as
21        1/2  day  of  attendance; however for such children whose
22        educational needs so require a session of 4 or more clock
23        hours may be counted as a full day of attendance.
24             (h)  A recognized kindergarten  which  provides  for
25        only  1/2  day of attendance by each pupil shall not have
26        more than 1/2 day of attendance counted in any  one  day.
27        However, kindergartens may count 2 1/2 days of attendance
28        in  any  5 consecutive school days.  When a pupil attends
29        such a kindergarten for 2 half days  on  any  one  school
30        day,  the  pupil  shall  have  the following day as a day
31        absent from school, unless the  school  district  obtains
32        permission  in  writing  from the State Superintendent of
33        Education. Attendance at kindergartens which provide  for
34        a  full  day of attendance by each pupil shall be counted
 
                            -219-    LRB093 05878 EFG 05971 b
 1        the same as attendance by first grade  pupils.  Only  the
 2        first  year  of  attendance  in one kindergarten shall be
 3        counted, except in  case  of  children  who  entered  the
 4        kindergarten   in  their  fifth  year  whose  educational
 5        development requires a second  year  of  kindergarten  as
 6        determined  under  the rules and regulations of the State
 7        Board of Education.

 8    (G)  Equalized Assessed Valuation Data.
 9        (1)  For purposes of the calculation of  Available  Local
10    Resources  required  pursuant  to  subsection  (D), the State
11    Board of  Education  shall  secure  from  the  Department  of
12    Revenue  the value as equalized or assessed by the Department
13    of Revenue of all taxable property of every school  district,
14    together  with  (i) the applicable tax rate used in extending
15    taxes for the funds of the district as of September 30 of the
16    previous year and (ii)  the  limiting  rate  for  all  school
17    districts  subject  to  property tax extension limitations as
18    imposed under the Property Tax Extension Limitation Law.
19        This equalized assessed valuation, as adjusted further by
20    the requirements of this subsection, shall be utilized in the
21    calculation of Available Local Resources.
22        (2)  The equalized assessed valuation  in  paragraph  (1)
23    shall be adjusted, as applicable, in the following manner:
24             (a)  For the purposes of calculating State aid under
25        this  Section,  with  respect  to  any  part  of a school
26        district within a redevelopment project area  in  respect
27        to   which  a  municipality  has  adopted  tax  increment
28        allocation  financing  pursuant  to  the  Tax   Increment
29        Allocation  Redevelopment Act, Sections 11-74.4-1 through
30        11-74.4-11  of  the  Illinois  Municipal  Code   or   the
31        Industrial  Jobs Recovery Law, Sections 11-74.6-1 through
32        11-74.6-50 of the Illinois Municipal Code, no part of the
33        current equalized assessed  valuation  of  real  property
34        located in any such project area which is attributable to
 
                            -220-    LRB093 05878 EFG 05971 b
 1        an  increase  above  the total initial equalized assessed
 2        valuation of such property shall be used as part  of  the
 3        equalized  assessed valuation of the district, until such
 4        time as all redevelopment project costs have  been  paid,
 5        as  provided  in  Section  11-74.4-8 of the Tax Increment
 6        Allocation Redevelopment Act or in Section 11-74.6-35  of
 7        the Industrial Jobs Recovery Law.  For the purpose of the
 8        equalized  assessed  valuation of the district, the total
 9        initial  equalized  assessed  valuation  or  the  current
10        equalized assessed valuation, whichever is  lower,  shall
11        be  used  until  such  time  as all redevelopment project
12        costs have been paid.
13             (b)  The real property equalized assessed  valuation
14        for  a  school  district shall be adjusted by subtracting
15        from the real property value as equalized or assessed  by
16        the  Department  of  Revenue  for  the district an amount
17        computed by dividing the amount of any abatement of taxes
18        under Section 18-170 of the Property Tax  Code  by  3.00%
19        for  a  district  maintaining grades kindergarten through
20        12,  by  2.30%  for   a   district   maintaining   grades
21        kindergarten  through  8,  or  by  1.05%  for  a district
22        maintaining grades 9 through 12 and adjusted by an amount
23        computed by dividing the amount of any abatement of taxes
24        under subsection (a) of Section 18-165  of  the  Property
25        Tax  Code  by the same percentage rates for district type
26        as specified in this subparagraph (b).
27        (3)  For the 1999-2000 school year and each  school  year
28    thereafter, if a school district meets all of the criteria of
29    this subsection (G)(3), the school district's Available Local
30    Resources  shall be calculated under subsection (D) using the
31    district's Extension Limitation Equalized Assessed  Valuation
32    as calculated under this subsection (G)(3).
33        For  purposes  of  this  subsection  (G)(3) the following
34    terms shall have the following meanings:
 
                            -221-    LRB093 05878 EFG 05971 b
 1             "Budget Year":  The school year  for  which  general
 2        State aid is calculated and awarded under subsection (E).
 3             "Base  Tax Year": The property tax levy year used to
 4        calculate the Budget Year  allocation  of  general  State
 5        aid.
 6             "Preceding  Tax  Year":  The  property tax levy year
 7        immediately preceding the Base Tax Year.
 8             "Base Tax Year's Tax Extension": The product of  the
 9        equalized assessed valuation utilized by the County Clerk
10        in  the  Base Tax Year multiplied by the limiting rate as
11        calculated  by  the  County  Clerk  and  defined  in  the
12        Property Tax Extension Limitation Law.
13             "Preceding Tax Year's Tax Extension": The product of
14        the equalized assessed valuation utilized by  the  County
15        Clerk  in  the  Preceding  Tax  Year  multiplied  by  the
16        Operating Tax Rate as defined in subsection (A).
17             "Extension  Limitation  Ratio":  A  numerical ratio,
18        certified by the County Clerk, in which the numerator  is
19        the  Base Tax Year's Tax Extension and the denominator is
20        the Preceding Tax Year's Tax Extension.
21             "Operating Tax Rate":  The  operating  tax  rate  as
22        defined in subsection (A).
23        If a school district is subject to property tax extension
24    limitations  as  imposed  under  the  Property  Tax Extension
25    Limitation Law, the State Board of Education shall  calculate
26    the Extension Limitation Equalized Assessed Valuation of that
27    district.   For  the  1999-2000  school  year,  the Extension
28    Limitation Equalized Assessed Valuation of a school  district
29    as  calculated by the State Board of Education shall be equal
30    to the product of  the  district's  1996  Equalized  Assessed
31    Valuation and the district's Extension Limitation Ratio.  For
32    the  2000-2001  school  year and each school year thereafter,
33    the Extension Limitation Equalized Assessed  Valuation  of  a
34    school district as calculated by the State Board of Education
 
                            -222-    LRB093 05878 EFG 05971 b
 1    shall  be  equal  to  the  product  of the Equalized Assessed
 2    Valuation last used in the calculation of general  State  aid
 3    and   the  district's  Extension  Limitation  Ratio.  If  the
 4    Extension Limitation Equalized Assessed Valuation of a school
 5    district as calculated under this subsection (G)(3)  is  less
 6    than   the   district's   equalized   assessed  valuation  as
 7    calculated pursuant to subsections (G)(1)  and  (G)(2),  then
 8    for  purposes of calculating the district's general State aid
 9    for  the  Budget  Year  pursuant  to  subsection  (E),   that
10    Extension  Limitation  Equalized  Assessed Valuation shall be
11    utilized  to  calculate  the   district's   Available   Local
12    Resources under subsection (D).
13        (4)  For  the  purposes  of calculating general State aid
14    for the 1999-2000 school year  only,  if  a  school  district
15    experienced   a   triennial  reassessment  on  the  equalized
16    assessed valuation used  in  calculating  its  general  State
17    financial  aid  apportionment  for the 1998-1999 school year,
18    the State Board of Education shall  calculate  the  Extension
19    Limitation  Equalized Assessed Valuation that would have been
20    used to calculate the district's 1998-1999 general State aid.
21    This amount shall equal the product of the equalized assessed
22    valuation  used  to  calculate  general  State  aid  for  the
23    1997-1998 school year and the district's Extension Limitation
24    Ratio.   If  the  Extension  Limitation  Equalized   Assessed
25    Valuation  of  the  school  district as calculated under this
26    paragraph (4) is less than the district's equalized  assessed
27    valuation  utilized  in  calculating the district's 1998-1999
28    general  State  aid  allocation,   then   for   purposes   of
29    calculating  the  district's  general  State  aid pursuant to
30    paragraph (5) of subsection (E),  that  Extension  Limitation
31    Equalized  Assessed  Valuation shall be utilized to calculate
32    the district's Available Local Resources.
33        (5)  For school districts  having  a  majority  of  their
34    equalized  assessed  valuation  in  any  county  except Cook,
 
                            -223-    LRB093 05878 EFG 05971 b
 1    DuPage, Kane, Lake,  McHenry,  or  Will,  if  the  amount  of
 2    general  State  aid  allocated to the school district for the
 3    1999-2000 school year under the provisions of subsection (E),
 4    (H), and (J) of this Section  is  less  than  the  amount  of
 5    general State aid allocated to the district for the 1998-1999
 6    school  year  under these subsections, then the general State
 7    aid of the district for the 1999-2000 school year only  shall
 8    be  increased  by  the difference between these amounts.  The
 9    total payments made under this paragraph (5) shall not exceed
10    $14,000,000.   Claims  shall  be  prorated  if  they   exceed
11    $14,000,000.

12    (H)  Supplemental General State Aid.
13        (1)  In  addition  to  the  general  State  aid  a school
14    district is allotted pursuant to subsection  (E),  qualifying
15    school  districts  shall receive a grant, paid in conjunction
16    with  a  district's  payments  of  general  State  aid,   for
17    supplemental  general  State aid based upon the concentration
18    level of  children  from  low-income  households  within  the
19    school  district.  Supplemental State aid grants provided for
20    school districts under this subsection shall be  appropriated
21    for distribution to school districts as part of the same line
22    item  in  which  the  general  State  financial aid of school
23    districts is appropriated under this Section. For purposes of
24    this subsection, the term  "Low-Income  Concentration  Level"
25    shall  be  the  low-income eligible pupil count from the most
26    recently available federal  census  divided  by  the  Average
27    Daily Attendance of the school district. If, however, (i) the
28    percentage  decrease  from the 2 most recent federal censuses
29    in the low-income eligible  pupil  count  of  a  high  school
30    district  with fewer than 400 students exceeds by 75% or more
31    the percentage change in the total low-income eligible  pupil
32    count   of  contiguous  elementary  school  districts,  whose
33    boundaries are coterminous with the high school district,  or
34    (ii)  a  high school district within 2 counties and serving 5
 
                            -224-    LRB093 05878 EFG 05971 b
 1    elementary school districts, whose boundaries are coterminous
 2    with the high school district, has a percentage decrease from
 3    the 2 most recent federal censuses in the low-income eligible
 4    pupil count and there is a percentage increase in  the  total
 5    low-income   eligible  pupil  count  of  a  majority  of  the
 6    elementary school districts in excess of 50% from the 2  most
 7    recent  federal  censuses,  then  the  high school district's
 8    low-income eligible pupil  count  from  the  earlier  federal
 9    census  shall  be  the number used as the low-income eligible
10    pupil count for the high school  district,  for  purposes  of
11    this  subsection (H).  The changes made to this paragraph (1)
12    by Public Act 92-28 shall apply to supplemental general State
13    aid grants paid in fiscal year 1999 and in each  fiscal  year
14    thereafter  and to any State aid payments made in fiscal year
15    1994 through fiscal year 1998 pursuant to subsection 1(n)  of
16    Section  18-8  of  this  Code  (which was repealed on July 1,
17    1998), and any high  school  district  that  is  affected  by
18    Public  Act  92-28  is  entitled  to  a  recomputation of its
19    supplemental general State aid grant or State aid paid in any
20    of those fiscal  years.   This  recomputation  shall  not  be
21    affected by any other funding.
22        (2)  Supplemental  general  State  aid  pursuant  to this
23    subsection  (H)  shall  be  provided  as  follows   for   the
24    1998-1999, 1999-2000, and 2000-2001 school years only:
25             (a)  For  any  school  district  with  a  Low Income
26        Concentration Level of at least 20% and  less  than  35%,
27        the grant for any school year shall be $800 multiplied by
28        the low income eligible pupil count.
29             (b)  For  any  school  district  with  a  Low Income
30        Concentration Level of at least 35% and  less  than  50%,
31        the  grant  for the 1998-1999 school year shall be $1,100
32        multiplied by the low income eligible pupil count.
33             (c)  For any  school  district  with  a  Low  Income
34        Concentration  Level  of  at least 50% and less than 60%,
 
                            -225-    LRB093 05878 EFG 05971 b
 1        the grant for the 1998-99 school  year  shall  be  $1,500
 2        multiplied by the low income eligible pupil count.
 3             (d)  For  any  school  district  with  a  Low Income
 4        Concentration Level of 60% or more,  the  grant  for  the
 5        1998-99 school year shall be $1,900 multiplied by the low
 6        income eligible pupil count.
 7             (e)  For  the  1999-2000  school year, the per pupil
 8        amount specified  in  subparagraphs  (b),  (c),  and  (d)
 9        immediately  above  shall be increased to $1,243, $1,600,
10        and $2,000, respectively.
11             (f)  For the 2000-2001 school year,  the  per  pupil
12        amounts  specified  in  subparagraphs  (b),  (c), and (d)
13        immediately above shall be $1,273,  $1,640,  and  $2,050,
14        respectively.
15        (2.5)  Supplemental  general  State  aid pursuant to this
16    subsection (H) shall be provided as follows for the 2002-2003
17    school year and each school year thereafter:
18             (a)  For any  school  district  with  a  Low  Income
19        Concentration  Level of less than 10%, the grant for each
20        school year shall be $355 multiplied by  the  low  income
21        eligible pupil count.
22             (b)  For  any  school  district  with  a  Low Income
23        Concentration Level of at least 10% and  less  than  20%,
24        the  grant  for each school year shall be $675 multiplied
25        by the low income eligible pupil count.
26             (c)  For any  school  district  with  a  Low  Income
27        Concentration  Level  of  at least 20% and less than 35%,
28        the grant for each school year shall be $1,330 multiplied
29        by the low income eligible pupil count.
30             (d)  For any  school  district  with  a  Low  Income
31        Concentration  Level  of  at least 35% and less than 50%,
32        the grant for each school year shall be $1,362 multiplied
33        by the low income eligible pupil count.
34             (e)  For any  school  district  with  a  Low  Income
 
                            -226-    LRB093 05878 EFG 05971 b
 1        Concentration  Level  of  at least 50% and less than 60%,
 2        the grant for each school year shall be $1,680 multiplied
 3        by the low income eligible pupil count.
 4             (f)  For any  school  district  with  a  Low  Income
 5        Concentration  Level  of  60% or more, the grant for each
 6        school year shall be $2,080 multiplied by the low  income
 7        eligible pupil count.
 8        (3)  School districts with an Average Daily Attendance of
 9    more  than  1,000  and  less  than  50,000  that  qualify for
10    supplemental general State aid pursuant  to  this  subsection
11    shall  submit a plan to the State Board of Education prior to
12    October 30 of each year for the use of  the  funds  resulting
13    from  this  grant  of  supplemental general State aid for the
14    improvement of instruction in  which  priority  is  given  to
15    meeting  the education needs of disadvantaged children.  Such
16    plan  shall  be  submitted  in  accordance  with  rules   and
17    regulations promulgated by the State Board of Education.
18        (4)  School districts with an Average Daily Attendance of
19    50,000  or  more  that qualify for supplemental general State
20    aid  pursuant  to  this  subsection  shall  be  required   to
21    distribute  from funds available pursuant to this Section, no
22    less than  $261,000,000  in  accordance  with  the  following
23    requirements:
24             (a)  The  required  amounts  shall be distributed to
25        the attendance centers within the district in  proportion
26        to  the  number  of  pupils  enrolled  at each attendance
27        center who are eligible to receive free or  reduced-price
28        lunches  or  breakfasts under the federal Child Nutrition
29        Act of 1966 and  under  the  National  School  Lunch  Act
30        during the immediately preceding school year.
31             (b)  The   distribution   of   these   portions   of
32        supplemental  and  general  State  aid  among  attendance
33        centers  according  to  these  requirements  shall not be
34        compensated for or  contravened  by  adjustments  of  the
 
                            -227-    LRB093 05878 EFG 05971 b
 1        total  of  other  funds  appropriated  to  any attendance
 2        centers, and the Board of Education shall utilize funding
 3        from one or several sources in order to  fully  implement
 4        this provision annually prior to the opening of school.
 5             (c)  Each attendance center shall be provided by the
 6        school  district  a  distribution of noncategorical funds
 7        and other categorical funds to which an attendance center
 8        is entitled under law in order that the general State aid
 9        and  supplemental   general   State   aid   provided   by
10        application  of  this  subsection supplements rather than
11        supplants the noncategorical funds and other  categorical
12        funds  provided  by the school district to the attendance
13        centers.
14             (d)  Any funds made available under this  subsection
15        that  by  reason of the provisions of this subsection are
16        not required to be allocated and provided  to  attendance
17        centers  may be used and appropriated by the board of the
18        district for any lawful school purpose.
19             (e)  Funds received by an attendance center pursuant
20        to this subsection shall be used by the attendance center
21        at the discretion  of  the  principal  and  local  school
22        council for programs to improve educational opportunities
23        at  qualifying schools through the following programs and
24        services: early childhood education, reduced  class  size
25        or  improved adult to student classroom ratio, enrichment
26        programs, remedial  assistance,  attendance  improvement,
27        and  other  educationally  beneficial  expenditures which
28        supplement the regular and basic programs  as  determined
29        by the State Board of Education. Funds provided shall not
30        be  expended  for  any  political or lobbying purposes as
31        defined by board rule.
32             (f)  Each district subject to the provisions of this
33        subdivision (H)(4) shall submit  an  acceptable  plan  to
34        meet  the educational needs of disadvantaged children, in
 
                            -228-    LRB093 05878 EFG 05971 b
 1        compliance with the requirements of  this  paragraph,  to
 2        the  State  Board  of  Education prior to July 15 of each
 3        year. This plan shall be consistent with the decisions of
 4        local school councils concerning the  school  expenditure
 5        plans  developed  in  accordance  with  part 4 of Section
 6        34-2.3.  The State Board shall approve or reject the plan
 7        within 60 days after its  submission.   If  the  plan  is
 8        rejected,  the  district  shall  give  written  notice of
 9        intent  to  modify  the  plan  within  15  days  of   the
10        notification of rejection and then submit a modified plan
11        within  30  days  after the date of the written notice of
12        intent to modify.  Districts  may  amend  approved  plans
13        pursuant  to  rules  promulgated  by  the  State Board of
14        Education.
15             Upon notification by the State  Board  of  Education
16        that  the district has not submitted a plan prior to July
17        15 or a modified plan within the  time  period  specified
18        herein,  the  State  aid  funds  affected by that plan or
19        modified plan shall be withheld by  the  State  Board  of
20        Education until a plan or modified plan is submitted.
21             If  the  district  fails  to distribute State aid to
22        attendance centers in accordance with an  approved  plan,
23        the  plan for the following year shall allocate funds, in
24        addition  to  the  funds  otherwise  required   by   this
25        subsection,   to  those  attendance  centers  which  were
26        underfunded during the previous year in amounts equal  to
27        such underfunding.
28             For  purposes  of  determining  compliance with this
29        subsection in relation to the requirements of  attendance
30        center  funding,  each district subject to the provisions
31        of this subsection shall submit as a separate document by
32        December 1 of each year a report of expenditure data  for
33        the  prior  year  in  addition to any modification of its
34        current plan.  If it is determined that there has been  a
 
                            -229-    LRB093 05878 EFG 05971 b
 1        failure to comply with the expenditure provisions of this
 2        subsection  regarding  contravention  or supplanting, the
 3        State Superintendent of Education shall, within  60  days
 4        of  receipt  of  the  report, notify the district and any
 5        affected local school council.  The district shall within
 6        45 days of receipt of that notification inform the  State
 7        Superintendent of Education of the remedial or corrective
 8        action  to be taken, whether  by amendment of the current
 9        plan, if feasible, or by adjustment in the plan  for  the
10        following  year.   Failure  to  provide  the  expenditure
11        report  or  the  notification  of  remedial or corrective
12        action in a timely manner shall result in  a  withholding
13        of the affected funds.
14             The  State Board of Education shall promulgate rules
15        and regulations  to  implement  the  provisions  of  this
16        subsection.   No  funds  shall  be  released  under  this
17        subdivision (H)(4) to any district that has not submitted
18        a  plan  that  has  been  approved  by the State Board of
19        Education.

20    (I)  General State Aid for Newly Configured School Districts.
21        (1)  For  a  new  school  district  formed  by  combining
22    property  included  totally  within  2  or  more   previously
23    existing  school  districts,  for its first year of existence
24    the general State aid  and  supplemental  general  State  aid
25    calculated  under  this Section shall be computed for the new
26    district and for the previously existing districts for  which
27    property is totally included within the new district.  If the
28    computation on the basis of the previously existing districts
29    is  greater,  a supplementary payment equal to the difference
30    shall be made for the first 4 years of existence of  the  new
31    district.
32        (2)  For  a  school  district  which  annexes  all of the
33    territory of one or more entire other school  districts,  for
34    the   first  year  during  which  the  change  of  boundaries
 
                            -230-    LRB093 05878 EFG 05971 b
 1    attributable to such annexation  becomes  effective  for  all
 2    purposes as determined under Section 7-9 or 7A-8, the general
 3    State aid and supplemental general State aid calculated under
 4    this  Section  shall be computed for the annexing district as
 5    constituted after the annexation and  for  the  annexing  and
 6    each annexed district as constituted prior to the annexation;
 7    and  if  the  computation  on  the  basis of the annexing and
 8    annexed districts as constituted prior to the  annexation  is
 9    greater,  a  supplementary  payment  equal  to the difference
10    shall be made for the first  4  years  of  existence  of  the
11    annexing school district as constituted upon such annexation.
12        (3)  For  2  or  more school districts which annex all of
13    the territory of one or more entire other  school  districts,
14    and  for 2 or more community unit districts which result upon
15    the division (pursuant to petition under  Section  11A-2)  of
16    one  or more other unit school districts into 2 or more parts
17    and which together include all of the parts into  which  such
18    other  unit  school district or districts are so divided, for
19    the  first  year  during  which  the  change  of   boundaries
20    attributable to such annexation or division becomes effective
21    for  all  purposes as determined under Section 7-9 or 11A-10,
22    as the case may be, the general State  aid  and  supplemental
23    general  State  aid  calculated  under  this Section shall be
24    computed  for  each  annexing  or   resulting   district   as
25    constituted  after  the  annexation  or division and for each
26    annexing and annexed district,  or  for  each  resulting  and
27    divided  district,  as constituted prior to the annexation or
28    division; and if the aggregate of the general State  aid  and
29    supplemental  general  State  aid  as  so  computed  for  the
30    annexing  or  resulting  districts  as  constituted after the
31    annexation or division is less  than  the  aggregate  of  the
32    general  State  aid  and supplemental general State aid as so
33    computed for the annexing and annexed districts, or  for  the
34    resulting  and divided districts, as constituted prior to the
 
                            -231-    LRB093 05878 EFG 05971 b
 1    annexation or division, then a supplementary payment equal to
 2    the difference shall be made and allocated between  or  among
 3    the annexing or resulting districts, as constituted upon such
 4    annexation  or  division,  for  the  first  4  years of their
 5    existence.  The total difference payment shall  be  allocated
 6    between  or  among the annexing or resulting districts in the
 7    same ratio as the pupil enrollment from that portion  of  the
 8    annexed  or divided district or districts which is annexed to
 9    or included in each such annexing or resulting district bears
10    to the total pupil enrollment  from  the  entire  annexed  or
11    divided  district  or  districts, as such pupil enrollment is
12    determined for the school year last ending prior to the  date
13    when  the change of boundaries attributable to the annexation
14    or division becomes effective for all purposes.   The  amount
15    of  the total difference payment and the amount thereof to be
16    allocated to the annexing or  resulting  districts  shall  be
17    computed  by  the  State  Board  of Education on the basis of
18    pupil enrollment and other data which shall be  certified  to
19    the State Board of Education, on forms which it shall provide
20    for  that  purpose, by the regional superintendent of schools
21    for each educational service region in which the annexing and
22    annexed districts, or resulting  and  divided  districts  are
23    located.
24        (3.5)  Claims   for   financial   assistance  under  this
25    subsection (I) shall not be recomputed  except  as  expressly
26    provided under this Section.
27        (4)  Any supplementary payment made under this subsection
28    (I) shall be treated as separate from all other payments made
29    pursuant to this Section.

30    (J)  Supplementary Grants in Aid.
31        (1)  Notwithstanding   any   other   provisions  of  this
32    Section, the amount of the aggregate  general  State  aid  in
33    combination  with  supplemental  general State aid under this
34    Section for which each school district is eligible  shall  be
 
                            -232-    LRB093 05878 EFG 05971 b
 1    no  less  than  the amount of the aggregate general State aid
 2    entitlement that was received by the district  under  Section
 3    18-8  (exclusive  of  amounts received under subsections 5(p)
 4    and 5(p-5) of that Section)  for  the  1997-98  school  year,
 5    pursuant  to the provisions of that Section as it was then in
 6    effect.  If  a  school  district  qualifies  to   receive   a
 7    supplementary  payment  made  under  this subsection (J), the
 8    amount of the aggregate general State aid in combination with
 9    supplemental general State aid under this Section which  that
10    district is eligible to receive for each school year shall be
11    no  less  than  the amount of the aggregate general State aid
12    entitlement that was received by the district  under  Section
13    18-8  (exclusive  of  amounts received under subsections 5(p)
14    and 5(p-5) of that Section) for the  1997-1998  school  year,
15    pursuant  to the provisions of that Section as it was then in
16    effect.
17        (2)  If, as provided in paragraph (1) of this  subsection
18    (J),  a school district is to receive aggregate general State
19    aid in combination with supplemental general State aid  under
20    this  Section  for the 1998-99 school year and any subsequent
21    school year that in any such school year  is  less  than  the
22    amount  of  the  aggregate general State aid entitlement that
23    the district received for the 1997-98 school year, the school
24    district shall also receive, from  a  separate  appropriation
25    made  for  purposes  of  this subsection (J), a supplementary
26    payment that is equal to the amount of the difference in  the
27    aggregate State aid figures as described in paragraph (1).
28        (3)  (Blank).

29    (K)  Grants to Laboratory and Alternative Schools.
30        In  calculating  the  amount  to be paid to the governing
31    board of a  public  university  that  operates  a  laboratory
32    school  under  this Section or to any alternative school that
33    is operated by a  regional  superintendent  of  schools,  the
34    State Board of Education shall require by rule such reporting
 
                            -233-    LRB093 05878 EFG 05971 b
 1    requirements as it deems necessary.
 2        As  used  in  this  Section,  "laboratory school" means a
 3    public school which is  created  and  operated  by  a  public
 4    university and approved by the State Board of Education.  The
 5    governing  board  of a public university which receives funds
 6    from the State  Board  under  this  subsection  (K)  may  not
 7    increase  the  number  of students enrolled in its laboratory
 8    school from a single district, if that  district  is  already
 9    sending  50 or more students, except under a mutual agreement
10    between the school board of a student's district of residence
11    and the university which operates the laboratory  school.   A
12    laboratory  school  may  not  have  more than 1,000 students,
13    excluding students with disabilities in a  special  education
14    program.
15        As  used  in  this  Section, "alternative school" means a
16    public school which is created and  operated  by  a  Regional
17    Superintendent  of Schools and approved by the State Board of
18    Education.  Such alternative schools  may  offer  courses  of
19    instruction  for  which  credit  is  given  in regular school
20    programs, courses to prepare students  for  the  high  school
21    equivalency  testing  program  or vocational and occupational
22    training.   A regional superintendent of schools may contract
23    with a school district or a public community college district
24    to operate an  alternative  school.   An  alternative  school
25    serving  more  than  one  educational  service  region may be
26    established by the regional superintendents of schools of the
27    affected educational service regions.  An alternative  school
28    serving  more  than  one  educational  service  region may be
29    operated under such terms as the regional superintendents  of
30    schools of those educational service regions may agree.
31        Each  laboratory  and  alternative  school shall file, on
32    forms provided by the State Superintendent of  Education,  an
33    annual  State  aid  claim  which  states  the  Average  Daily
34    Attendance  of  the  school's  students by month.  The best 3
 
                            -234-    LRB093 05878 EFG 05971 b
 1    months' Average Daily Attendance shall be computed  for  each
 2    school.  The  general State aid entitlement shall be computed
 3    by multiplying the applicable Average Daily Attendance by the
 4    Foundation Level as determined under this Section.

 5    (L)  Payments,   Additional   Grants   in   Aid   and   Other
 6    Requirements.
 7        (1)  For a school district operating under the  financial
 8    supervision  of  an  Authority created under Article 34A, the
 9    general State aid otherwise payable to  that  district  under
10    this  Section,  but  not  the supplemental general State aid,
11    shall be reduced by an amount equal to  the  budget  for  the
12    operations  of the Authority as certified by the Authority to
13    the State Board of Education, and an  amount  equal  to  such
14    reduction  shall  be  paid  to the Authority created for such
15    district for its operating expenses in the manner provided in
16    Section 18-11.  The remainder of general State school aid for
17    any such district shall be paid in  accordance  with  Article
18    34A  when  that Article provides for a disposition other than
19    that provided by this Article.
20        (2)  (Blank).
21        (3)  Summer school.  Summer school payments shall be made
22    as provided in Section 18-4.3.

23    (M)  Education Funding Advisory Board.
24        The Education Funding Advisory Board, hereinafter in this
25    subsection (M) referred to as the "Board", is hereby created.
26    The Board shall consist of 5 members who are appointed by the
27    Governor, by and with the advice and consent of  the  Senate.
28    The   members  appointed  shall  include  representatives  of
29    education, business, and  the  general  public.  One  of  the
30    members  so  appointed shall be designated by the Governor at
31    the time the appointment is made as the  chairperson  of  the
32    Board.  The initial members of the Board may be appointed any
33    time after the effective date of this amendatory Act of 1997.
 
                            -235-    LRB093 05878 EFG 05971 b
 1    The regular term of each member of the Board shall be  for  4
 2    years  from  the third Monday of January of the year in which
 3    the term of the member's appointment is to  commence,  except
 4    that  of  the  5  initial  members  appointed to serve on the
 5    Board, the member who is appointed as the  chairperson  shall
 6    serve  for  a  term  that commences on the date of his or her
 7    appointment and expires on the third Monday of January, 2002,
 8    and the remaining 4 members,  by  lots  drawn  at  the  first
 9    meeting  of  the  Board  that is held after all 5 members are
10    appointed, shall determine 2 of their  number  to  serve  for
11    terms   that   commence  on  the  date  of  their  respective
12    appointments and expire on the third Monday of January, 2001,
13    and 2 of their number to serve for terms that commence on the
14    date of their respective appointments and expire on the third
15    Monday of January, 2000.  All members appointed to  serve  on
16    the  Board  shall serve until their respective successors are
17    appointed and confirmed.  Vacancies shall be  filled  in  the
18    same  manner  as  original  appointments.   If  a  vacancy in
19    membership 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  shall
22    appoint,  by and with the advice and consent of the Senate, a
23    person to fill that membership for the  unexpired  term.   If
24    the  Senate  is  not in session when the initial appointments
25    are made, those appointments shall be made as in the case  of
26    vacancies.
27        The  Education  Funding  Advisory  Board  shall be deemed
28    established,  and  the  initial  members  appointed  by   the
29    Governor  to serve as members of the Board shall take office,
30    on the date that the Governor makes his or her appointment of
31    the fifth initial member of the Board, whether those  initial
32    members   are   then  serving  pursuant  to  appointment  and
33    confirmation or pursuant to temporary appointments  that  are
34    made by the Governor as in the case of vacancies.
 
                            -236-    LRB093 05878 EFG 05971 b
 1        The  State  Board  of  Education shall provide such staff
 2    assistance to the Education  Funding  Advisory  Board  as  is
 3    reasonably  required  for the proper performance by the Board
 4    of its responsibilities.
 5        For school years after the  2000-2001  school  year,  the
 6    Education  Funding  Advisory  Board, in consultation with the
 7    State Board  of  Education,  shall  make  recommendations  as
 8    provided  in  this subsection (M) to the General Assembly for
 9    the foundation level under subdivision (B)(3) of this Section
10    and for the supplemental general State aid grant level  under
11    subsection  (H)  of  this  Section  for  districts  with high
12    concentrations of children  from  poverty.   The  recommended
13    foundation  level  shall be determined based on a methodology
14    which  incorporates  the  basic  education  expenditures   of
15    low-spending  schools  exhibiting  high academic performance.
16    The  Education  Funding  Advisory  Board  shall   make   such
17    recommendations  to  the General Assembly on January 1 of odd
18    numbered years, beginning January 1, 2001.

19    (N)  (Blank).

20    (O)  References.
21        (1)  References in other laws to the various subdivisions
22    of Section 18-8 as that Section existed before its repeal and
23    replacement by this Section 18-8.05 shall be deemed to  refer
24    to  the  corresponding provisions of this Section 18-8.05, to
25    the extent that those references remain applicable.
26        (2)  References in other laws to State  Chapter  1  funds
27    shall  be  deemed  to refer to the supplemental general State
28    aid provided under subsection (H) of this Section.
29    (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99;  91-96,
30    eff.  7-9-99;  91-111,  eff.  7-14-99;  91-357, eff. 7-29-99;
31    91-533,  eff.  8-13-99;  92-7,  eff.  6-29-01;  92-16,   eff.
32    6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
33    8-7-01;  92-604,  eff.  7-1-02; 92-636, eff. 7-11-02; 92-651,
 
                            -237-    LRB093 05878 EFG 05971 b
 1    eff. 7-11-02; revised 7-26-02.)

 2        (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
 3        Sec. 34-18.   Powers  of  the  board.   The  board  shall
 4    exercise general supervision and jurisdiction over the public
 5    education  and  the  public  school  system of the city, and,
 6    except as otherwise provided  by  this  Article,  shall  have
 7    power:
 8             1.  To make suitable provision for the establishment
 9        and  maintenance  throughout the year or for such portion
10        thereof as it may direct, not  less  than  9  months,  of
11        schools   of  all  grades  and  kinds,  including  normal
12        schools,  high  schools,  night  schools,   schools   for
13        defectives  and delinquents, parental and truant schools,
14        schools for the blind, the deaf and the crippled, schools
15        or  classes  in  manual   training,   constructural   and
16        vocational  teaching, domestic arts and physical culture,
17        vocation and extension schools and lecture  courses,  and
18        all  other  educational courses and facilities, including
19        establishing,  equipping,   maintaining   and   operating
20        playgrounds and recreational programs, when such programs
21        are  conducted  in,  adjacent  to,  or connected with any
22        public  school  under   the   general   supervision   and
23        jurisdiction  of  the  board;  provided, however, that in
24        allocating funds from year to year for the  operation  of
25        all  attendance  centers  within  the district, the board
26        shall ensure that supplemental general  State  aid  funds
27        are allocated and applied in accordance with Section 18-8
28        or  18-8.05.   To  admit  to  such schools without charge
29        foreign exchange students  who  are  participants  in  an
30        organized exchange student program which is authorized by
31        the  board. The board shall permit all students to enroll
32        in apprenticeship programs in trade schools  operated  by
33        the  board, whether those programs are union-sponsored or
 
                            -238-    LRB093 05878 EFG 05971 b
 1        not.  No student shall be refused admission  into  or  be
 2        excluded  from  any  course of instruction offered in the
 3        common schools by  reason  of  that  student's  sex.   No
 4        student   shall   be  denied  equal  access  to  physical
 5        education and interscholastic athletic programs supported
 6        from school district funds  or  denied  participation  in
 7        comparable   physical  education  and  athletic  programs
 8        solely by reason of the student's sex.  Equal  access  to
 9        programs   supported   from  school  district  funds  and
10        comparable programs will be defined in rules  promulgated
11        by  the State Board of Education in consultation with the
12        Illinois High School Association.    Notwithstanding  any
13        other  provision  of  this  Article, neither the board of
14        education nor any local school council  or  other  school
15        official  shall recommend that children with disabilities
16        be placed into regular education classrooms unless  those
17        children    with    disabilities    are   provided   with
18        supplementary  services  to  assist  them  so  that  they
19        benefit from the regular classroom  instruction  and  are
20        included   on   the  teacher's  regular  education  class
21        register;
22             2.  To  furnish  lunches  to  pupils,  to   make   a
23        reasonable  charge  therefor, and to use school funds for
24        the payment of such expenses as the board  may  determine
25        are necessary in conducting the school lunch program;
26             3.  To co-operate with the circuit court;
27             4.  To   make   arrangements   with  the  public  or
28        quasi-public libraries and museums for the use  of  their
29        facilities by teachers and pupils of the public schools;
30             5.  To  employ  dentists  and prescribe their duties
31        for the purpose of treating the pupils  in  the  schools,
32        but  accepting  such  treatment  shall  be  optional with
33        parents or guardians;
34             6.  To  grant  the  use  of   assembly   halls   and
 
                            -239-    LRB093 05878 EFG 05971 b
 1        classrooms  when  not  otherwise needed, including light,
 2        heat, and attendants, for free public lectures, concerts,
 3        and other  educational  and  social  interests,  free  of
 4        charge,   under   such  provisions  and  control  as  the
 5        principal  of  the   affected   attendance   center   may
 6        prescribe;
 7             7.  To  apportion the pupils to the several schools;
 8        provided  that  no  pupil  shall  be  excluded  from   or
 9        segregated  in  any  such school on account of his color,
10        race, sex, or nationality.  The  board  shall  take  into
11        consideration  the  prevention  of  segregation  and  the
12        elimination  of  separation of children in public schools
13        because of color, race, sex, or nationality.  Except that
14        children may be  committed  to  or  attend  parental  and
15        social  adjustment  schools  established  and  maintained
16        either for boys or girls only.  All records pertaining to
17        the  creation, alteration or revision of attendance areas
18        shall be open to the public.  Nothing herein shall  limit
19        the  board's authority to establish multi-area attendance
20        centers  or  other   student   assignment   systems   for
21        desegregation purposes or otherwise, and to apportion the
22        pupils to the several schools.  Furthermore, beginning in
23        school  year 1994-95, pursuant to a board plan adopted by
24        October 1, 1993, the board shall offer, commencing  on  a
25        phased-in  basis, the opportunity for families within the
26        school district to apply for enrollment of their children
27        in any attendance center within the school district which
28        does not have selective admission  requirements  approved
29        by the board.  The appropriate geographical area in which
30        such open enrollment may be exercised shall be determined
31        by the board of education.  Such children may be admitted
32        to  any such attendance center on a space available basis
33        after  all  children  residing  within  such   attendance
34        center's  area  have been accommodated.  If the number of
 
                            -240-    LRB093 05878 EFG 05971 b
 1        applicants from outside the attendance  area  exceed  the
 2        space  available,  then  successful  applicants  shall be
 3        selected by  lottery.   The  board  of  education's  open
 4        enrollment  plan  must  include provisions that allow low
 5        income students to have access to  transportation  needed
 6        to  exercise  school choice.  Open enrollment shall be in
 7        compliance with the provisions of the Consent Decree  and
 8        Desegregation Plan cited in Section 34-1.01;
 9             8.  To  approve  programs and policies for providing
10        transportation services to students. Nothing herein shall
11        be construed to permit or  empower  the  State  Board  of
12        Education  to  order, mandate, or require busing or other
13        transportation of pupils for  the  purpose  of  achieving
14        racial balance in any school;
15             9.  Subject  to  the limitations in this Article, to
16        establish and approve system-wide  curriculum  objectives
17        and  standards,  including  graduation  standards,  which
18        reflect  the multi-cultural diversity in the city and are
19        consistent with State law, provided that for all purposes
20        of this Article courses or proficiency in  American  Sign
21        Language   shall  be  deemed  to  constitute  courses  or
22        proficiency  in  a  foreign  language;  and   to   employ
23        principals  and  teachers,  appointed as provided in this
24        Article, and fix their  compensation.   The  board  shall
25        prepare   such  reports  related  to  minimal  competency
26        testing as  may  be  requested  by  the  State  Board  of
27        Education,  and  in  addition  shall  monitor and approve
28        special education and bilingual  education  programs  and
29        policies  within  the district to assure that appropriate
30        services are provided in accordance with applicable State
31        and federal  laws  to  children  requiring  services  and
32        education in those areas;
33             10.  To  employ  non-teaching  personnel  or utilize
34        volunteer personnel  for:  (i)  non-teaching  duties  not
 
                            -241-    LRB093 05878 EFG 05971 b
 1        requiring instructional judgment or evaluation of pupils,
 2        including  library  duties;  and  (ii)  supervising study
 3        halls,  long  distance  teaching  reception  areas   used
 4        incident   to   instructional   programs  transmitted  by
 5        electronic media such as  computers,  video,  and  audio,
 6        detention  and  discipline  areas,  and  school-sponsored
 7        extracurricular   activities.    The  board  may  further
 8        utilize volunteer non-certificated  personnel  or  employ
 9        non-certificated  personnel  to assist in the instruction
10        of pupils under the immediate supervision  of  a  teacher
11        holding a valid certificate, directly engaged in teaching
12        subject  matter  or  conducting activities; provided that
13        the  teacher  shall  be   continuously   aware   of   the
14        non-certificated persons' activities and shall be able to
15        control or modify them.  The general superintendent shall
16        determine  qualifications  of  such  personnel  and shall
17        prescribe rules for determining the duties and activities
18        to be assigned to such personnel;
19             10.5.  To  utilize  volunteer   personnel   from   a
20        regional   School   Crisis  Assistance  Team  (S.C.A.T.),
21        created as part of the Safe to Learn Program  established
22        pursuant   to   Section   25  of  the  Illinois  Violence
23        Prevention Act of 1995, to provide assistance to  schools
24        in  times of violence or other traumatic incidents within
25        a  school  community  by  providing  crisis  intervention
26        services to lessen the effects  of  emotional  trauma  on
27        individuals   and   the   community;  the  School  Crisis
28        Assistance Team Steering Committee  shall  determine  the
29        qualifications for volunteers;
30             11.  To  provide television studio facilities in not
31        to exceed one school building and to provide programs for
32        educational purposes, provided, however, that  the  board
33        shall  not  construct,  acquire,  operate,  or maintain a
34        television transmitter; to grant the use  of  its  studio
 
                            -242-    LRB093 05878 EFG 05971 b
 1        facilities  to  a  licensed television station located in
 2        the school district; and to maintain and operate  not  to
 3        exceed  one school radio transmitting station and provide
 4        programs for educational purposes;
 5             12.  To  offer,  if  deemed   appropriate,   outdoor
 6        education courses, including field trips within the State
 7        of  Illinois,  or  adjacent  states,  and  to  use school
 8        educational funds for the expense  of  the  said  outdoor
 9        educational  programs, whether within the school district
10        or not;
11             13.  During that period of  the  calendar  year  not
12        embraced  within  the regular school term, to provide and
13        conduct courses in subject matters normally  embraced  in
14        the program of the schools during the regular school term
15        and  to  give  regular  school  credit  for  satisfactory
16        completion  by  the  student  of  such  courses as may be
17        approved for credit by the State Board of Education;
18             14.  To insure against any loss or liability of  the
19        board,  the  former  School  Board Nominating Commission,
20        Local  School  Councils,  the  Chicago  Schools  Academic
21        Accountability  Council,  or   the   former   Subdistrict
22        Councils  or  of  any  member, officer, agent or employee
23        thereof,  resulting  from  alleged  violations  of  civil
24        rights arising  from  incidents  occurring  on  or  after
25        September  5,  1967 or from the wrongful or negligent act
26        or omission of any such person whether  occurring  within
27        or  without  the  school  premises, provided the officer,
28        agent or  employee  was,  at  the  time  of  the  alleged
29        violation  of  civil  rights or wrongful act or omission,
30        acting within  the  scope  of  his  employment  or  under
31        direction   of   the   board,  the  former  School  Board
32        Nominating  Commission,  the  Chicago  Schools   Academic
33        Accountability  Council,  Local  School  Councils, or the
34        former  Subdistrict  Councils;  and  to  provide  for  or
 
                            -243-    LRB093 05878 EFG 05971 b
 1        participate in  insurance  plans  for  its  officers  and
 2        employees,   including  but  not  limited  to  retirement
 3        annuities, medical, surgical and hospitalization benefits
 4        in such types and amounts as may  be  determined  by  the
 5        board;  provided,  however, that the board shall contract
 6        for  such  insurance  only  with  an  insurance   company
 7        authorized  to do business in this State.  Such insurance
 8        may include provision for employees who rely on treatment
 9        by prayer  or  spiritual  means  alone  for  healing,  in
10        accordance  with  the tenets and practice of a recognized
11        religious denomination;
12             15.  To contract with the corporate  authorities  of
13        any  municipality  or  the county board of any county, as
14        the case may be, to provide for the regulation of traffic
15        in parking areas of property used for school purposes, in
16        such manner as is  provided  by  Section  11-209  of  The
17        Illinois  Vehicle  Code,  approved September 29, 1969, as
18        amended;
19             16. (a)  To provide, on an equal basis, access to  a
20        high  school  campus and student directory information to
21        the official  recruiting  representatives  of  the  armed
22        forces of Illinois and the United States for the purposes
23        of  informing  students  of  the  educational  and career
24        opportunities available in the military if the board  has
25        provided  such  access to persons or groups whose purpose
26        is to acquaint students with educational or  occupational
27        opportunities  available  to  them.   The  board  is  not
28        required  to  give  greater notice regarding the right of
29        access to recruiting representatives  than  is  given  to
30        other   persons   and  groups.   In  this  paragraph  16,
31        "directory information" means  a  high  school  student's
32        name, address, and telephone number.
33             (b)  If  a  student or his or her parent or guardian
34        submits a signed, written  request  to  the  high  school
 
                            -244-    LRB093 05878 EFG 05971 b
 1        before the end of the student's sophomore year (or if the
 2        student is a transfer student, by another time set by the
 3        high  school)  that  indicates that the student or his or
 4        her parent  or  guardian  does  not  want  the  student's
 5        directory   information   to   be  provided  to  official
 6        recruiting representatives under subsection (a)  of  this
 7        Section,  the  high  school may not provide access to the
 8        student's  directory  information  to  these   recruiting
 9        representatives.    The  high  school  shall  notify  its
10        students and their parents or guardians of the provisions
11        of this subsection (b).
12             (c)  A high school may require  official  recruiting
13        representatives  of  the armed forces of Illinois and the
14        United States to pay a fee  for  copying  and  mailing  a
15        student's  directory information in an amount that is not
16        more than the actual costs incurred by the high school.
17             (d)  Information received by an official  recruiting
18        representative  under  this  Section  may be used only to
19        provide information to  students  concerning  educational
20        and  career  opportunities  available in the military and
21        may not be released to a person who is  not  involved  in
22        recruiting  students  for the armed forces of Illinois or
23        the United States;
24             17. (a)  To sell  or  market  any  computer  program
25        developed by an employee of the school district, provided
26        that  such  employee  developed the computer program as a
27        direct result of  his  or  her  duties  with  the  school
28        district   or  through  the  utilization  of  the  school
29        district resources  or  facilities.    The  employee  who
30        developed the computer program shall be entitled to share
31        in the proceeds of such sale or marketing of the computer
32        program.   The  distribution of such proceeds between the
33        employee and the school district shall be as agreed  upon
34        by  the  employee  and  the  school district, except that
 
                            -245-    LRB093 05878 EFG 05971 b
 1        neither the employee nor the school district may  receive
 2        more  than  90% of such proceeds.  The negotiation for an
 3        employee who is represented by  an  exclusive  bargaining
 4        representative   may  be  conducted  by  such  bargaining
 5        representative at the employee's request.
 6             (b)  For the purpose of this paragraph 17:
 7                  (1)  "Computer" means an internally programmed,
 8             general   purpose   digital   device   capable    of
 9             automatically  accepting  data,  processing data and
10             supplying the results of the operation.
11                  (2)  "Computer program" means a series of coded
12             instructions or statements in a form acceptable to a
13             computer, which causes the computer to process  data
14             in order to achieve a certain result.
15                  (3)  "Proceeds"   means  profits  derived  from
16             marketing or sale of a product after  deducting  the
17             expenses of developing and marketing such product;
18             18.  To  delegate  to  the general superintendent of
19        schools,  by  resolution,  the   authority   to   approve
20        contracts and expenditures in amounts of $10,000 or less;
21             19.  Upon  the  written  request  of an employee, to
22        withhold from the compensation of that employee any dues,
23        payments or contributions payable by such employee to any
24        labor organization as defined in the Illinois Educational
25        Labor Relations Act.  Under such arrangement,  an  amount
26        shall  be withheld from each regular payroll period which
27        is equal to the pro rata share of the  annual  dues  plus
28        any  payments  or  contributions,  and  the  board  shall
29        transmit   such   withholdings  to  the  specified  labor
30        organization within 10 working days from the time of  the
31        withholding;
32             19a.  Upon receipt of notice from the comptroller of
33        a  municipality  with  a population of 500,000 or more, a
34        county with a population of 3,000,000 or more,  the  Cook
 
                            -246-    LRB093 05878 EFG 05971 b
 1        County   Forest   Preserve  District,  the  Chicago  Park
 2        District, the Metropolitan  Water  Reclamation  District,
 3        the  Chicago Transit Authority, or a housing authority of
 4        a municipality with a population of 500,000 or more  that
 5        a debt is due and owing the municipality, the county, the
 6        Cook  County  Forest  Preserve District, the Chicago Park
 7        District, the Metropolitan  Water  Reclamation  District,
 8        the  Chicago  Transit Authority, or the housing authority
 9        by an employee of the  Chicago  Board  of  Education,  to
10        withhold,  from  the  compensation  of that employee, the
11        amount of the debt that is due  and  owing  and  pay  the
12        amount withheld to the municipality, the county, the Cook
13        County   Forest   Preserve  District,  the  Chicago  Park
14        District, the Metropolitan  Water  Reclamation  District,
15        the  Chicago Transit Authority, or the housing authority;
16        provided, however, that the amount deducted from any  one
17        salary  or  wage  payment shall not exceed 25% of the net
18        amount of the payment.   Before  the  Board  deducts  any
19        amount  from any salary or wage of an employee under this
20        paragraph, the municipality, the county, the Cook  County
21        Forest  Preserve District, the Chicago Park District, the
22        Metropolitan  Water  Reclamation  District,  the  Chicago
23        Transit Authority, or the housing authority shall certify
24        that (i) the employee has been  afforded  an  opportunity
25        for  a  hearing to dispute the debt that is due and owing
26        the municipality, the  county,  the  Cook  County  Forest
27        Preserve   District,   the  Chicago  Park  District,  the
28        Metropolitan  Water  Reclamation  District,  the  Chicago
29        Transit Authority, or the housing authority and (ii)  the
30        employee  has  received  notice of a wage deduction order
31        and has been afforded an opportunity  for  a  hearing  to
32        object  to  the  order.   For purposes of this paragraph,
33        "net amount" means  that  part  of  the  salary  or  wage
34        payment  remaining  after  the  deduction  of any amounts
 
                            -247-    LRB093 05878 EFG 05971 b
 1        required by law to be deducted and "debt due  and  owing"
 2        means   (i)   a  specified  sum  of  money  owed  to  the
 3        municipality, the county, the Cook County Forest Preserve
 4        District, the Chicago  Park  District,  the  Metropolitan
 5        Water   Reclamation   District,   the   Chicago   Transit
 6        Authority,  or  the housing authority for services, work,
 7        or goods,  after  the  period  granted  for  payment  has
 8        expired,  or  (ii)  a  specified sum of money owed to the
 9        municipality, the county, the Cook County Forest Preserve
10        District, the Chicago  Park  District,  the  Metropolitan
11        Water   Reclamation   District,   the   Chicago   Transit
12        Authority,  or  the housing authority pursuant to a court
13        order or order of an administrative hearing officer after
14        the exhaustion of, or the failure  to  exhaust,  judicial
15        review;
16             20.  The  board is encouraged to employ a sufficient
17        number of  certified  school  counselors  to  maintain  a
18        student/counselor  ratio  of  250  to  1 by July 1, 1990.
19        Each counselor shall spend at least 75% of his work  time
20        in  direct  contact  with  students  and shall maintain a
21        record of such time;
22             21.  To make available to  students  vocational  and
23        career  counseling  and  to  establish  5  special career
24        counseling days for students and parents.  On these  days
25        representatives  of local businesses and industries shall
26        be invited to the school campus and shall inform students
27        of career opportunities available to them in the  various
28        businesses  and  industries.  Special consideration shall
29        be given to counseling minority  students  as  to  career
30        opportunities  available  to them in various fields.  For
31        the purposes of this paragraph, minority student means  a
32        person who is:
33                  (a)  Black  (a  person having origins in any of
34             the black racial groups in Africa);
 
                            -248-    LRB093 05878 EFG 05971 b
 1                  (b)  Hispanic   (a   person   of   Spanish   or
 2             Portuguese culture with origins in Mexico, South  or
 3             Central   America,   or   the   Caribbean   islands,
 4             regardless of race);
 5                  (c)  Asian American (a person having origins in
 6             any  of  the  original  peoples  of  the  Far  East,
 7             Southeast  Asia,  the  Indian  Subcontinent  or  the
 8             Pacific Islands); or
 9                  (d)  American   Indian  or  Alaskan  Native  (a
10             person having origins in any of the original peoples
11             of North America).
12             Counseling days shall not  be  in  lieu  of  regular
13        school days;
14             22.  To  report  to the State Board of Education the
15        annual student dropout rate and number  of  students  who
16        graduate from, transfer from or otherwise leave bilingual
17        programs;
18             23.  Except  as otherwise provided in the Abused and
19        Neglected Child Reporting Act or other  applicable  State
20        or  federal  law, to permit school officials to withhold,
21        from any person, information on the  whereabouts  of  any
22        child  removed  from  school  premises when the child has
23        been  taken  into  protective  custody  as  a  victim  of
24        suspected child abuse.   School  officials  shall  direct
25        such  person  to  the  Department  of Children and Family
26        Services, or to  the  local  law  enforcement  agency  if
27        appropriate;
28             24.  To develop a policy, based on the current state
29        of  existing  school facilities, projected enrollment and
30        efficient utilization of available resources, for capital
31        improvement of schools and school  buildings  within  the
32        district,  addressing  in  that  policy both the relative
33        priority for major repairs, renovations and additions  to
34        school  facilities,  and the advisability or necessity of
 
                            -249-    LRB093 05878 EFG 05971 b
 1        building  new  school  facilities  or  closing   existing
 2        schools to meet current or projected demographic patterns
 3        within the district;
 4             25.  To make available to the students in every high
 5        school  attendance center the ability to take all courses
 6        necessary to comply with the Board of Higher  Education's
 7        college entrance criteria effective in 1993;
 8             26.  To   encourage   mid-career  changes  into  the
 9        teaching  profession,  whereby  qualified   professionals
10        become   certified   teachers,  by  allowing  credit  for
11        professional   employment   in   related   fields    when
12        determining point of entry on teacher pay scale;
13             27.  To  provide  or  contract out training programs
14        for administrative personnel and principals with  revised
15        or  expanded  duties  pursuant  to  this  Act in order to
16        assure they have the  knowledge  and  skills  to  perform
17        their duties;
18             28.  To establish a fund for the prioritized special
19        needs programs, and to allocate such funds and other lump
20        sum  amounts  to  each  attendance  center  in  a  manner
21        consistent  with  the  provisions  of  part  4 of Section
22        34-2.3.  Nothing in this paragraph shall be construed  to
23        require  any additional appropriations of State funds for
24        this purpose;
25             29.  (Blank);
26             30.  Notwithstanding any other provision of this Act
27        or any other law to the contrary, to contract with  third
28        parties  for  services  otherwise performed by employees,
29        including those in a bargaining unit, and to layoff those
30        employees upon 14 days written  notice  to  the  affected
31        employees.   Those  contracts  may be for a period not to
32        exceed 5 years and may be awarded on a system-wide basis;
33             31.  To  promulgate  rules  establishing  procedures
34        governing the layoff or reduction in force  of  employees
 
                            -250-    LRB093 05878 EFG 05971 b
 1        and  the  recall  of  such  employees, including, but not
 2        limited to, criteria  for  such  layoffs,  reductions  in
 3        force  or  recall rights of such employees and the weight
 4        to be given to any particular criterion.   Such  criteria
 5        shall  take  into  account  factors including, but not be
 6        limited to, qualifications,  certifications,  experience,
 7        performance ratings or evaluations, and any other factors
 8        relating to an employee's job performance; and
 9             32.  To  develop a policy to prevent nepotism in the
10        hiring of personnel or the selection of contractors.
11        The specifications of the powers herein granted  are  not
12    to  be  construed  as  exclusive  but  the  board  shall also
13    exercise all other powers  that  they  may  be  requisite  or
14    proper  for  the  maintenance and the development of a public
15    school system, not inconsistent with the other provisions  of
16    this  Article  or  provisions of this Code which apply to all
17    school districts.
18        In addition to the powers herein granted  and  authorized
19    to  be  exercised  by  the board, it shall be the duty of the
20    board to review or to direct independent reviews  of  special
21    education  expenditures  and services. The board shall file a
22    report of such review with the General Assembly on or  before
23    May 1, 1990.
24    (Source:  P.A.  92-109,  eff.  7-20-01;  92-527, eff. 6-1-02;
25    92-724, eff. 7-25-02; revised 9-24-02.)

26        (105 ILCS 5/34-18.23)
27        Sec. 34-18.23.  Medical information form for bus  drivers
28    and  emergency  medical  technicians.  The school district is
29    encouraged to create and use an emergency medical information
30    form for bus drivers and emergency  medical  technicians  for
31    those  students with special needs or medical conditions. The
32    form  may  include  without  limitation  information  to   be
33    provided by the student's parent or legal guardian concerning
 
                            -251-    LRB093 05878 EFG 05971 b
 1    the  student's  relevant medical conditions, medications that
 2    the student is taking, the  student's  communication  skills,
 3    and how a bus driver or an emergency medical technician is to
 4    respond  to  certain behaviors of the student. If the form is
 5    used, the school district is encouraged to notify parents and
 6    legal guardians of the availability of the form.  The  parent
 7    or  legal  guardian  of the student may fill out the form and
 8    submit it to the school that the student  is  attending.  The
 9    school district is encouraged to keep one copy of the form on
10    file  at  the school and another copy on the student's school
11    bus in a secure location.
12    (Source: P.A. 92-580, eff. 7-1-02.)

13        (105 ILCS 5/34-18.24)
14        Sec. 34-18.24 34-18.23.  Transfer of students. The  board
15    shall establish and implement a policy governing the transfer
16    of a student from one attendance center to another within the
17    school  district  upon the request of the student's parent or
18    guardian. Any request by a parent or guardian to transfer his
19    or her child from one attendance center to another within the
20    school district pursuant  to  Section  1116  of  the  federal
21    Elementary  and  Secondary  Education  Act of 1965 (20 U.S.C.
22    Sec. 6317) must be made no  later  than  30  days  after  the
23    parent  or  guardian receives notice of the right to transfer
24    pursuant to that law. A student may not transfer  to  any  of
25    the   following  attendance  centers,  except  by  change  in
26    residence  if  the  policy  authorizes  enrollment  based  on
27    residence in an attendance area or  unless  approved  by  the
28    board on an individual basis:
29             (1)  An  attendance  center  that  exceeds  or  as a
30        result  of  the  transfer  would  exceed  its  attendance
31        capacity.
32             (2)  An attendance center for which  the  board  has
33        established  academic  criteria  for  enrollment  if  the
 
                            -252-    LRB093 05878 EFG 05971 b
 1        student  does  not  meet  the criteria, provided that the
 2        transfer must be permitted if the  attendance  center  is
 3        the  only  attendance  center serving the student's grade
 4        that has not  been  identified  for  school  improvement,
 5        corrective action, or restructuring under Section 1116 of
 6        the  federal  Elementary  and  Secondary Education Act of
 7        1965 (20 U.S.C. Sec. 6317).
 8             (3)  Any attendance center  if  the  transfer  would
 9        prevent  the school district from meeting its obligations
10        under a State or federal law,  court  order,  or  consent
11        decree applicable to the school district.
12    (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)

13        (105 ILCS 5/34-18.25)
14        Sec.  34-18.25 34-18.23.  Psychotropic or psychostimulant
15    medication; disciplinary action.
16        (a)  In this Section:
17        "Psychostimulant  medication"   means   medication   that
18    produces  increased  levels of mental and physical energy and
19    alertness and an elevated mood  by  stimulating  the  central
20    nervous system.
21        "Psychotropic  medication"  means psychotropic medication
22    as defined in  Section  1-121.1  of  the  Mental  Health  and
23    Developmental Disabilities Code.
24        (b)  The  board  must  adopt  and implement a policy that
25    prohibits any disciplinary action that is based totally or in
26    part on the refusal of a  student's  parent  or  guardian  to
27    administer  or  consent to the administration of psychotropic
28    or psychostimulant medication to the student.
29        The policy must require  that,  at  least  once  every  2
30    years,  the in-service training of certified school personnel
31    and administrators include training on current best practices
32    regarding  the  identification  and  treatment  of  attention
33    deficit  disorder   and   attention   deficit   hyperactivity
 
                            -253-    LRB093 05878 EFG 05971 b
 1    disorder,   the   application   of   non-aversive  behavioral
 2    interventions in the  school  environment,  and  the  use  of
 3    psychotropic  or  psychostimulant  medication  for school-age
 4    children.
 5        (c)  This Section does not prohibit school medical staff,
 6    an individualized educational program team, or a professional
 7    worker (as defined in Section  14-1.10  of  this  Code)  from
 8    recommending  that  a  student be evaluated by an appropriate
 9    medical  practitioner  or  prohibit  school  personnel   from
10    consulting  with  the  practitioner  with  the consent of the
11    student's parents or guardian.
12    (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)

13        Section 31.  The Illinois Educational Labor Relations Act
14    is amended by changing Section 2 as follows:

15        (115 ILCS 5/2) (from Ch. 48, par. 1702)
16        Sec. 2.  Definitions. As used in this Act:
17        (a)  "Educational  employer"  or  "employer"  means   the
18    governing  body  of  a public school district, combination of
19    public school districts,  including  the  governing  body  of
20    joint  agreements  of  any  type  formed  by 2 or more school
21    districts, public community college district or State college
22    or university, and any State agency whose major  function  is
23    providing  educational  services.  "Educational  employer" or
24    "employer" does  not  include  a  Financial  Oversight  Panel
25    created  pursuant to Section 1A-8 of the School Code due to a
26    district violating a financial plan but does include a School
27    Finance Authority created under  Article  1E  of  the  School
28    Code.
29        (b)  "Educational   employee"  or  "employee"  means  any
30    individual, excluding supervisors, managerial,  confidential,
31    short   term   employees,  student,  and  part-time  academic
32    employees of community colleges employed full or part time by
 
                            -254-    LRB093 05878 EFG 05971 b
 1    an  educational  employer,  but  shall  not  include  elected
 2    officials and appointees of the Governor with the advice  and
 3    consent  of the Senate, firefighters as defined by subsection
 4    (g-1) of Section 3 of the  Illinois  Public  Labor  Relations
 5    Act,  and peace officers employed by a State university.  For
 6    the purposes of this Act,  part-time  academic  employees  of
 7    community  colleges  shall  be defined as those employees who
 8    provide less than 6 credit hours of instruction per  academic
 9    semester.
10        (c)  "Employee   organization"  or  "labor  organization"
11    means  an  organization  of  any  kind  in  which  membership
12    includes educational employees,  and  which  exists  for  the
13    purpose,  in  whole  or  in  part,  of dealing with employers
14    concerning  grievances,  employee-employer  disputes,  wages,
15    rates of pay, hours of employment, or conditions of work, but
16    shall  not   include   any   organization   which   practices
17    discrimination  in  membership because of race, color, creed,
18    age, gender, national origin or political affiliation.
19        (d)  "Exclusive   representative"   means    the    labor
20    organization  which  has  been  designated  by  the  Illinois
21    Educational  Labor  Relations  Board as the representative of
22    the majority of educational employees in an appropriate unit,
23    or recognized by an educational employer prior to January  1,
24    1984  as  the exclusive representative of the employees in an
25    appropriate unit or, after January 1, 1984, recognized by  an
26    employer  upon  evidence  that  the employee organization has
27    been designated as the exclusive representative by a majority
28    of the employees in an appropriate unit.
29        (e)  "Board"  means  the   Illinois   Educational   Labor
30    Relations Board.
31        (f)  "Regional   Superintendent"   means   the   regional
32    superintendent  of  schools provided for in Articles 3 and 3A
33    of The School Code.
34        (g)  "Supervisor" means any individual  having  authority
 
                            -255-    LRB093 05878 EFG 05971 b
 1    in  the interests of the employer to hire, transfer, suspend,
 2    lay off, recall, promote,  discharge,  reward  or  discipline
 3    other  employees  within  the appropriate bargaining unit and
 4    adjust their grievances, or  to  effectively  recommend  such
 5    action  if  the exercise of such authority is not of a merely
 6    routine  or  clerical  nature  but  requires   the   use   of
 7    independent  judgment.   The  term "supervisor" includes only
 8    those  individuals  who  devote  a  preponderance  of   their
 9    employment time to such exercising authority.
10        (h)  "Unfair  labor  practice" or "unfair practice" means
11    any practice prohibited by Section 14 of this Act.
12        (i)  "Person"   includes   an   individual,   educational
13    employee,  educational  employer,  legal  representative,  or
14    employee organization.
15        (j)  "Wages"   means   salaries   or   other   forms   of
16    compensation for services rendered.
17        (k)  "Professional employee" means,  in  the  case  of  a
18    public  community college, State college or university, State
19    agency  whose  major  function   is   providing   educational
20    services,  the Illinois School for the Deaf, and the Illinois
21    School for the Visually Impaired, (1) any employee engaged in
22    work (i) predominantly intellectual and varied  in  character
23    as opposed to routine mental, manual, mechanical, or physical
24    work;  (ii)  involving  the consistent exercise of discretion
25    and judgment in its performance; (iii) of such character that
26    the output produced or  the  result  accomplished  cannot  be
27    standardized  in relation to a given period of time; and (iv)
28    requiring knowledge of an advanced type in a field of science
29    or learning customarily acquired by  a  prolonged  course  of
30    specialized   intellectual   instruction   and  study  in  an
31    institution  of   higher   learning   or   a   hospital,   as
32    distinguished  from  a  general academic education or from an
33    apprenticeship or from training in the performance of routine
34    mental, manual, or physical processes; or (2)  any  employee,
 
                            -256-    LRB093 05878 EFG 05971 b
 1    who (i) has completed the courses of specialized intellectual
 2    instruction  and  study described in clause (iv) of paragraph
 3    (1) of this subsection, and (ii) is performing  related  work
 4    under  the  supervision  of  a professional person to qualify
 5    himself or herself to become a  professional  as  defined  in
 6    paragraph (l).
 7        (l)  "Professional  employee"  means,  in the case of any
 8    public school district, or combination  of  school  districts
 9    pursuant   to   joint  agreement,  any  employee  who  has  a
10    certificate issued under Article 21 or Section 34-83  of  the
11    School Code, as now or hereafter amended.
12        (m)  "Unit"  or  "bargaining  unit"  means  any  group of
13    employees for which an exclusive representative is selected.
14        (n)  "Confidential employee" means an employee,  who  (i)
15    in  the regular course of his or her duties, assists and acts
16    in  a  confidential  capacity  to  persons   who   formulate,
17    determine  and  effectuate management policies with regard to
18    labor relations or who (ii) in the regular course of  his  or
19    her   duties  has  access  to  information  relating  to  the
20    effectuation  or  review   of   the   employer's   collective
21    bargaining policies.
22        (o)  "Managerial  employee"  means  an  individual who is
23    engaged predominantly in executive and  management  functions
24    and  is  charged  with  the  responsibility  of directing the
25    effectuation of such management policies and practices.
26        (p)  "Craft employee" means a skilled  journeyman,  craft
27    person, and his or her apprentice or helper.
28        (q)  "Short-term employee" is an employee who is employed
29    for  less  than  2  consecutive  calendar  quarters  during a
30    calendar year and who does not have a reasonable  expectation
31    that  he  or she will be rehired by the same employer for the
32    same service in a subsequent calendar year.  Nothing in  this
33    subsection  shall  affect  the employee status of individuals
34    who were covered by a collective bargaining agreement on  the
 
                            -257-    LRB093 05878 EFG 05971 b
 1    effective date of this amendatory Act of 1991.
 2    (Source:  P.A.  92-547,  eff.  6-13-02;  92-748, eff. 1-1-03;
 3    revised 8-26-02.)

 4        Section 32.  The Illinois Savings and Loan Act of 1985 is
 5    amended by setting forth and renumbering multiple versions of
 6    Section 1-6e as follows:

 7        (205 ILCS 105/1-6e)
 8        Sec. 1-6e.  Reverse mortgage;  disclosure. At the time  a
 9    reverse mortgage loan is made, the lender must provide to the
10    mortgagor a separate document that informs the mortgagor that
11    by obtaining the reverse mortgage the mortgagor's eligibility
12    to  obtain  a  tax  deferral  under  the Senior Citizens Real
13    Estate Tax  Deferral  Act  may  be  adversely  affected.  The
14    mortgagor  must  sign  the disclosure document as part of the
15    reverse mortgage transaction.
16    (Source: P.A. 92-577, eff. 6-26-02.)

17        (205 ILCS 105/1-6f)
18        Sec. 1-6f 1-6e.  Non-English language  transactions.   An
19    association may conduct transactions in a language other than
20    English through an employee or agent acting as interpreter or
21    through an interpreter provided by the customer.
22    (Source: P.A. 92-578, eff. 6-26-02; revised 9-3-02.)

23        Section  33.  The Illinois Credit Union Act is amended by
24    changing Sections 13 and 30 as follows:

25        (205 ILCS 305/13) (from Ch. 17, par. 4414)
26        Sec. 13.  General powers.  A credit union may:
27             (1)  Make contracts; sue and be sued; and adopt  and
28        use a common seal and alter the same;
29             (2)  Acquire,  lease  (either  as lessee or lessor),
 
                            -258-    LRB093 05878 EFG 05971 b
 1        hold,  pledge,  mortgage,  sell  and  dispose   of   real
 2        property,  either  in  whole  or in part, or any interest
 3        therein, as may be necessary or incidental to its present
 4        or  future  operations  and  needs,   subject   to   such
 5        limitations  as  may  be  imposed  thereon  in  rules and
 6        regulations promulgated by the Director;  acquire,  lease
 7        (either  as  lessee  or  lessor), hold, pledge, mortgage,
 8        sell and dispose of personal property, either in whole or
 9        in part, or any interest therein, as may be necessary  or
10        incidental to its present or future operations and needs;
11             (3)  At  the  discretion  of the Board of Directors,
12        require  the  payment  of  an  entrance  fee  or   annual
13        membership  fee,  or  both,  of  any  person  admitted to
14        membership;
15             (4)  Receive savings from its members in the form of
16        shares of  various  classes,  or  special  purpose  share
17        accounts;  act  as  custodian  of  its members' accounts;
18        issue shares in trust as provided in this Act;
19             (5)  Lend its funds to its members and otherwise  as
20        hereinafter provided;
21             (6)  Borrow  from  any  source  in  accordance  with
22        policy established by the Board of Directors to a maximum
23        of 50% of capital, surplus and reserves;
24             (7)  Discount  and  sell any obligations owed to the
25        credit union;
26             (8)  Honor requests for withdrawals or transfers  of
27        all or any part of member share accounts, and any classes
28        thereof, in any manner approved by the credit union Board
29        of Directors;
30             (9)  Sell  all or substantially all of its assets or
31        purchase all  or  substantially  all  of  the  assets  of
32        another  credit  union,  subject to the prior approval of
33        the Director;
34             (10)  Invest surplus funds as provided in this Act;
 
                            -259-    LRB093 05878 EFG 05971 b
 1             (11)  Make deposits in banks, savings banks, savings
 2        and loan associations, trust  companies;  and  invest  in
 3        shares,  classes of shares or share certificates of other
 4        credit unions;
 5             (12)  Assess  charges  and  fees   to   members   in
 6        accordance with board resolution;
 7             (13)  Hold   membership   in   and   pay   dues   to
 8        associations  and  organizations;  to  invest  in shares,
 9        stocks or obligations of any credit union organization;
10             (14)  Declare dividends and pay interest refunds  to
11        borrowers as provided in this Act;
12             (15)  Collect,   receive   and  disburse  monies  in
13        connection with providing negotiable checks, money orders
14        and other money-type  instruments,  and  for  such  other
15        purposes  as  may  provide  benefit or convenience to its
16        members, and charge a reasonable fee for such services;
17             (16)  Act as fiscal agent for and  receive  deposits
18        from  the federal government, this state or any agency or
19        political subdivision thereof;
20             (17)  Receive savings from nonmembers in the form of
21        shares or share accounts in the  case  of  credit  unions
22        serving  predominantly low-income members.  The term "low
23        income members" shall mean those members  who  make  less
24        than   80%  of  the  average  for  all  wage  earners  as
25        established by the Bureau of Labor  Statistics  or  those
26        members  whose  annual household income falls at or below
27        80% of the median household  income  for  the  nation  as
28        established    by    the    Census   Bureau.   The   term
29        "predominantly" is defined as a simple majority;
30             (18)  To Establish, maintain, and operate  terminals
31        as authorized by the Electronic Fund Transfer Act; and
32             (19)  Subject   to  Article  XLIV  of  the  Illinois
33        Insurance Code, to act as the agent for any  fire,  life,
34        or  other  insurance  company authorized by the  State of
 
                            -260-    LRB093 05878 EFG 05971 b
 1        Illinois,  by  soliciting  and  selling   insurance   and
 2        collecting  premiums  on policies issued by such company;
 3        and may receive for services so  rendered  such  fees  or
 4        commissions as may be agreed upon between the said credit
 5        union  and  the insurance company for which it may act as
 6        agent; provided, however, that no such credit union shall
 7        in any case  assume  or  guarantee  the  payment  of  any
 8        premium  on  insurance policies issued through its agency
 9        by its principal; and provided further, that  the  credit
10        union shall not guarantee the truth of any statement made
11        by an assured in filing his application for insurance.
12    (Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)

13        (205 ILCS 305/30) (from Ch. 17, par. 4431)
14        Sec.  30.  Duties  of directors.  It shall be the duty of
15    the directors to:
16             (1)  Review actions on applications for  membership.
17        A record of the Membership Committee's approval or denial
18        of  membership  or  management's  approval  or  denial of
19        membership if no Membership Committee has been  appointed
20        shall   be  available  to  the  Board  of  Directors  for
21        inspection.  A person denied membership by the Membership
22        Committee or  credit  union  management  may  appeal  the
23        denial to the Board;
24             (2)  Provide  adequate  fidelity  bond  coverage for
25        officers, employees, directors and committee members, and
26        for losses caused by persons outside of the credit union,
27        subject to  rules  and  regulations  promulgated  by  the
28        Director;
29             (3)  Determine from time to time the interest rates,
30        not in excess of that allowed under this Act, which shall
31        be  charged on loans to members and to authorize interest
32        refunds, if  any,  to  members  from  income  earned  and
33        received  in  proportion  to the interest paid by them on
 
                            -261-    LRB093 05878 EFG 05971 b
 1        such classes of loans and under such  conditions  as  the
 2        Board  prescribes.  The Directors may establish different
 3        interest rates to be  charged  on  different  classes  of
 4        loans;
 5             (4)  Within  any limitations set forth in the credit
 6        union's bylaws, fix  the  maximum  amount  which  may  be
 7        loaned with and without security to a member;
 8             (5)  Declare  dividends on various classes of shares
 9        in the manner and form as provided in the bylaws;
10             (6)  Limit the number of shares which may  be  owned
11        by  a  member;  such  limitations  to  apply alike to all
12        members;
13             (7)  Have charge of the investment of funds,  except
14        that  the  Board of Directors may designate an Investment
15        Committee or any qualified individual or entity  to  have
16        charge  of  making investments under policies established
17        by the Board of Directors;
18             (8)  Authorize the employment of or contracting with
19        such persons or organizations  as  may  be  necessary  to
20        carry  on  the  operations  of the credit union, provided
21        that prior  approval  is  received  from  the  Department
22        before delegating substantially all managerial duties and
23        responsibilities  to a credit union organization, and fix
24        the compensation, if any, of the officers and provide for
25        compensation  for   other   employees   within   policies
26        established by the Board of Directors;
27             (9)  Authorize the conveyance of property;
28             (10)  Borrow  or  lend  money  consistent  with  the
29        provisions of this Act;
30             (11)  Designate a depository or depositories for the
31        funds of the credit union and supervise the investment of
32        funds;
33             (12)  Suspend  or remove, or both, for cause, any or
34        all officers or any or all  members  of  the  Membership,
 
                            -262-    LRB093 05878 EFG 05971 b
 1        Credit,  Supervisory  or  other committees for failure to
 2        perform their duties;
 3             (13)  Appoint   any   special   committees    deemed
 4        necessary; and;
 5             (14)  Perform  such  other duties as the members may
 6        direct,  and  perform  or  authorize   any   action   not
 7        inconsistent  with this Act and not specifically reserved
 8        by the bylaws to the members.
 9    (Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)

10        Section 34.  The Hospital Licensing  Act  is  amended  by
11    changing Section 8 as follows:

12        (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
13        Sec. 8. Facility plan review; fees.
14        (a)  Before  commencing construction of new facilities or
15    specified types of alteration or  additions  to  an  existing
16    hospital  involving major construction, as defined by rule by
17    the Department, with an estimated cost greater than $100,000,
18    architectural plans  and  specifications  therefor  shall  be
19    submitted  by  the  licensee to the Department for review and
20    approval. A hospital may submit  architectural  drawings  and
21    specifications for other construction projects for Department
22    review  according to subsection (b) that shall not be subject
23    to  fees  under  subsection  (d).  Review  of  drawings   and
24    specifications  shall  be  conducted  by  an  employee of the
25    Department meeting  the  qualifications  established  by  the
26    Department    of    Central    Management    Services   class
27    specifications for such an  individual's  position  or  by  a
28    person  contracting with the Department who meets those class
29    specifications.   Final   approval   of   the    plans    and
30    specifications  for  compliance  with design and construction
31    standards shall be obtained from the  Department  before  the
32    alteration, addition, or new construction is begun.
 
                            -263-    LRB093 05878 EFG 05971 b
 1        (b)  The  Department shall inform an applicant in writing
 2    within  10  working  days  after   receiving   drawings   and
 3    specifications  and  the  required  fee,  if  any,  from  the
 4    applicant  whether  the applicant's submission is complete or
 5    incomplete.  Failure  to  provide  the  applicant  with  this
 6    notice  within 10 working days shall result in the submission
 7    being deemed complete for purposes of initiating  the  60-day
 8    review  period  under  this  Section.   If  the submission is
 9    incomplete, the Department shall inform the applicant of  the
10    deficiencies   with   the  submission  in  writing.   If  the
11    submission is complete and the required fee, if any, has been
12    paid, the Department shall approve or disapprove drawings and
13    specifications submitted to the Department no later  than  60
14    days  following  receipt by the Department.  The drawings and
15    specifications shall be of sufficient detail, as provided  by
16    Department  rule,  to  enable  the  Department  to  render  a
17    determination  of  compliance  with  design  and construction
18    standards under this Act.  If the Department finds  that  the
19    drawings  are  not  of  sufficient  detail for it to render a
20    determination of compliance, the plans shall be determined to
21    be incomplete and shall not be  considered  for  purposes  of
22    initiating  the  60  day  review  period.  If a submission of
23    drawings and specifications is incomplete, the applicant  may
24    submit  additional  information.   The  60-day  review period
25    shall not commence until the  Department  determines  that  a
26    submission  of drawings and specifications is complete or the
27    submission is deemed complete.  If  the  Department  has  not
28    approved  or  disapproved  the  drawings  and  specifications
29    within  60  days,  the  construction,  major  alteration,  or
30    addition  shall  be  deemed  approved.   If  the drawings and
31    specifications are disapproved, the Department shall state in
32    writing, with specificity, the reasons for  the  disapproval.
33    The  entity  submitting  the  drawings and specifications may
34    submit additional information  in  response  to  the  written
 
                            -264-    LRB093 05878 EFG 05971 b
 1    comments  from the Department or request a reconsideration of
 2    the disapproval.  A final decision of approval or disapproval
 3    shall be made within 45 days of the receipt of the additional
 4    information  or  reconsideration  request.   If  denied,  the
 5    Department shall state the specific reasons  for  the  denial
 6    and  the  applicant  may  elect  to  seek  dispute resolution
 7    pursuant to Section 25 of the  Illinois  Building  Commission
 8    Act, which the Department must participate in.
 9        (c)  The  Department  shall  provide written approval for
10    occupancy pursuant to subsection (g) and shall  not  issue  a
11    violation  to  a  facility  as  a  result  of  a licensure or
12    complaint survey based upon the facility's physical structure
13    if:
14             (1)  the Department reviewed and approved or  deemed
15        approved  the  drawing  and specifications for compliance
16        with design and construction standards;
17             (2)  the construction, major alteration, or addition
18        was built as submitted;
19             (3)  the law or rules have not  been  amended  since
20        the original approval; and
21             (4)  the  conditions  at  the facility indicate that
22        there is a reasonable degree of safety provided  for  the
23        patients.
24        (d)  The  Department  shall  charge the following fees in
25    connection with its reviews conducted before  June  30,  2004
26    under this Section:
27             (1)  (Blank).
28             (2)  (Blank).
29             (3)  If  the  estimated  dollar  value  of the major
30        construction is greater than $500,000, the fee  shall  be
31        established  by  the  Department  pursuant  to rules that
32        reflect the reasonable and direct cost of the  Department
33        in  conducting  the  architectural reviews required under
34        this Section. The estimated dollar  value  of  the  major
 
                            -265-    LRB093 05878 EFG 05971 b
 1        construction  subject  to review under this Section shall
 2        be  annually  readjusted  to  reflect  the  increase   in
 3        construction costs due to inflation.
 4        The  fees provided in this subsection (d) shall not apply
 5    to major construction  projects  involving  facility  changes
 6    that  are  required  by  Department  rule  amendments  or  to
 7    projects related to homeland security.
 8        The  fees  provided in this subsection (d) shall also not
 9    apply to major construction projects if 51% or  more  of  the
10    estimated  cost  of  the  project  is  attributed  to capital
11    equipment.  For major construction projects where 51% or more
12    of the estimated cost of the project is attributed to capital
13    equipment, the Department shall by rule establish a fee  that
14    is reasonably related to the cost of reviewing the project.
15        Disproportionate  share  hospitals  and  rural  hospitals
16    shall  only  pay  one-half  of  the  fees  required  in  this
17    subsection  (d). For the purposes of this subsection (d), (i)
18    "disproportionate share hospital" means a hospital  described
19    in  items (1) through (5) of subsection (b) of Section 5-5.02
20    of the Illinois Public Aid Code  and  (ii)  "rural  hospital"
21    means  a  hospital that is (A) located outside a metropolitan
22    statistical area or (B) located  15  miles  or  less  from  a
23    county that is outside a metropolitan statistical area and is
24    licensed  to perform medical/surgical or obstetrical services
25    and has a combined total bed capacity of 75 or fewer beds  in
26    these 2 service categories as of July 14, 1993, as determined
27    by the Department.
28        The  Department  shall  not  commence  the  facility plan
29    review process under this Section until  the  applicable  fee
30    has been paid.
31        (e)  All  fees  received  by  the  Department  under this
32    Section shall be deposited  into  the  Health  Facility  Plan
33    Review  Fund,  a  special fund created in the State treasury.
34    All fees paid by hospitals under subsection (d) shall be used
 
                            -266-    LRB093 05878 EFG 05971 b
 1    only to cover the direct and reasonable costs relating to the
 2    Department's review of hospital projects under this  Section.
 3    Moneys shall be appropriated from that Fund to the Department
 4    only  to  pay  the  costs  of  conducting  reviews under this
 5    Section. None of the  moneys  in  the  Health  Facility  Plan
 6    Review  Fund  shall  be  used to reduce the amount of General
 7    Revenue  Fund  moneys  appropriated  to  the  Department  for
 8    facility plan reviews conducted pursuant to this Section.
 9        (f) (Blank).
10        (g)  The Department shall conduct an  on-site  inspection
11    of  the  completed  project  no  later  than  30  days  after
12    notification  from  the  applicant  that the project has been
13    completed and all certifications required by  the  Department
14    have  been  received  and  accepted  by  the Department.  The
15    Department shall provide written approval  for  occupancy  to
16    the applicant within 5 working days of the Department's final
17    inspection,   provided   the   applicant   has   demonstrated
18    substantial   compliance   as  defined  by  Department  rule.
19    Occupancy of  new  major  construction  is  prohibited  until
20    Department  approval  is  received, unless the Department has
21    not acted within the time frames provided in this  subsection
22    (g), in which case the construction shall be deemed approved.
23    Occupancy  shall  be  authorized  after  any  required health
24    inspection by the Department has been conducted.
25        (h)  The Department shall establish, by rule, a procedure
26    to  conduct  interim  on-site  review  of  large  or  complex
27    construction projects.
28        (i)  The  Department  shall  establish,   by   rule,   an
29    expedited  process  for  emergency  repairs or replacement of
30    like equipment.
31        (j)  Nothing in this Section shall be construed to  apply
32    to  maintenance,  upkeep,  or renovation that does not affect
33    the structural integrity of the building, does not  add  beds
34    or  services  over  the  number  for  which  the  facility is
 
                            -267-    LRB093 05878 EFG 05971 b
 1    licensed, and provides a reasonable degree of safety for  the
 2    patients.
 3    (Source:  P.A.  91-712,  eff.  7-1-00;  92-563, eff. 6-24-02;
 4    92-803, eff. 8-16-02; revised 9-19-02.)


 5        Section 35.  The Mobile  Home  Park  Act  is  amended  by
 6    changing Section 2.2 as follows:

 7        (210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)
 8        Sec.  2.2.  Permanent habitation.  "Permanent habitation"
 9    means habitation for a period of 2 or more months.
10    (Source: P.A. 77-1472; revised 1-20-03.)

11        Section 36.  The Illinois Insurance Code  is  amended  by
12    setting  forth  and  renumbering multiple versions of Section
13    356z.2 as follows:

14        (215 ILCS 5/356z.2)
15        Sec. 356z.2.  Coverage for adjunctive services in  dental
16    care.
17        (a)  An individual or group policy of accident and health
18    insurance  amended,  delivered,  issued, or renewed after the
19    effective date of this amendatory Act  of  the  92nd  General
20    Assembly   shall  cover  charges  incurred,  and  anesthetics
21    provided, in conjunction with dental care that is provided to
22    a covered individual in a hospital or an ambulatory  surgical
23    treatment center if any of the following applies:
24             (1)  the individual is a child age 6 or under;
25             (2)  the  individual  has  a  medical condition that
26        requires hospitalization or general anesthesia for dental
27        care; or
28             (3)  the individual is disabled.
29        (b)  For purposes of this Section,  "ambulatory  surgical
 
                            -268-    LRB093 05878 EFG 05971 b
 1    treatment  center"  has  the  meaning  given  to that term in
 2    Section 3 of the Ambulatory Surgical Treatment Center Act.
 3        For purposes of this Section, "disabled" means a  person,
 4    regardless  of  age, with a chronic disability if the chronic
 5    disability meets all of the following conditions:
 6             (1)  It is attributable  to  a  mental  or  physical
 7        impairment   or    combination  of  mental  and  physical
 8        impairments.
 9             (2)  It is likely to continue.
10             (3) It results in substantial functional limitations
11        in one or more of  the  following  areas  of  major  life
12        activity:
13                  (A)  self-care;
14                  (B)  receptive and expressive language;
15                  (C)  learning;
16                  (D)  mobility;
17                  (E)  capacity for independent living; or
18                  (F)  economic self-sufficiency.
19        (c)  The  coverage  required  under  this  Section may be
20    subject  to  any  limitations,  exclusions,  or  cost-sharing
21    provisions that apply generally under the insurance policy.
22        (d)  This Section does not apply to a policy that  covers
23    only dental care.
24        (e)  Nothing  in  this  Section  requires that the dental
25    services be covered.
26        (f)  The provisions of  this  Section  do  not  apply  to
27    short-term   travel,  accident-only,  limited,  or  specified
28    disease policies, nor to policies or contracts  designed  for
29    issuance  to  persons eligible for coverage under Title XVIII
30    of the Social Security Act, known as Medicare, or  any  other
31    similar coverage under State or federal governmental plans.
32    (Source: P.A. 92-764 eff. 1-1-03.)

33        (215 ILCS 5/356z.3)
 
                            -269-    LRB093 05878 EFG 05971 b
 1        Sec.  356z.3  356z.2.  Disclosure  of limited benefit. An
 2    insurer  that  issues,  delivers,  amends,   or   renews   an
 3    individual  or  group policy of accident and health insurance
 4    in this State after the effective date of this amendatory Act
 5    of the 92nd General Assembly and arranges, contracts with, or
 6    administers contracts with a provider  whereby  beneficiaries
 7    are  provided  an  incentive  to  use  the  services  of such
 8    provider  must  include  the  following  disclosure  on   its
 9    contracts   and  evidences  of  coverage:  "WARNING,  LIMITED
10    BENEFITS WILL BE PAID WHEN  NON-PARTICIPATING  PROVIDERS  ARE
11    USED.  You should be aware that when you elect to utilize the
12    services  of  a  non-participating  provider  for  a  covered
13    service in non-emergency situations, benefit payments to such
14    non-participating  provider  are  not  based  upon the amount
15    billed. The basis of your benefit payment will be  determined
16    according  to your policy's fee schedule, usual and customary
17    charge (which is determined by comparing charges for  similar
18    services adjusted to the geographical area where the services
19    are performed), or other method as defined by the policy. YOU
20    CAN EXPECT TO PAY MORE THAN THE COINSURANCE AMOUNT DEFINED IN
21    THE  POLICY  AFTER  THE  PLAN  HAS PAID ITS REQUIRED PORTION.
22    Non-participating providers may bill members for  any  amount
23    up  to  the billed charge after the plan has paid its portion
24    of the bill.  Participating providers have agreed  to  accept
25    discounted  payments  for services with no additional billing
26    to the member other than co-insurance and deductible amounts.
27    You may obtain further information  about  the  participating
28    status   of   professional   providers   and  information  on
29    out-of-pocket expenses by calling  the  toll  free  telephone
30    number on your identification card.".
31    (Source: P.A. 92-579, eff. 1-1-03; revised 9-3-02.)

32        Section  37.   The  Public  Utilities  Act  is amended by
33    changing Section 16-111 as follows:
 
                            -270-    LRB093 05878 EFG 05971 b
 1        (220 ILCS 5/16-111)
 2        Sec. 16-111. Rates and restructuring transactions  during
 3    mandatory transition period.
 4        (a)  During     the    mandatory    transition    period,
 5    notwithstanding any provision of Article IX of this Act,  and
 6    except  as  provided in subsections (b), (d), (e), and (f) of
 7    this  Section,  the  Commission  shall  not   (i)   initiate,
 8    authorize  or order any change by way of increase (other than
 9    in connection with a request  for  rate  increase  which  was
10    filed  after September 1, 1997 but prior to October 15, 1997,
11    by an electric utility serving less than 12,500 customers  in
12    this  State),  (ii)  initiate  or,  unless  requested  by the
13    electric utility, authorize or order any  change  by  way  of
14    decrease,  restructuring or unbundling (except as provided in
15    Section 16-109A), in the rates of any electric  utility  that
16    were  in  effect  on  October  1, 1996, or (iii) in any order
17    approving any application for a merger  pursuant  to  Section
18    7-204  that  was  pending  as  of  May  16,  1997, impose any
19    condition requiring any filing for an increase, decrease,  or
20    change in, or other review of, an electric utility's rates or
21    enforce  any  such  condition  of  any  such order; provided,
22    however,  that  this  subsection  shall  not   prohibit   the
23    Commission from:
24             (1)  approving   the   application  of  an  electric
25        utility to implement an alternative  to  rate  of  return
26        regulation  or  a  regulatory  mechanism  that rewards or
27        penalizes the  electric  utility  through  adjustment  of
28        rates  based  on utility performance, pursuant to Section
29        9-244;
30             (2)  authorizing an electric  utility  to  eliminate
31        its  fuel  adjustment  clause  and  adjust  its base rate
32        tariffs in accordance with subsection (b), (d), or (f) of
33        Section 9-220 of this Act, to  fix  its  fuel  adjustment
34        factor in accordance with subsection (c) of Section 9-220
 
                            -271-    LRB093 05878 EFG 05971 b
 1        of  this  Act, or to eliminate its fuel adjustment clause
 2        in accordance with subsection (e)  of  Section  9-220  of
 3        this Act;
 4             (3)  ordering   into  effect  tariffs  for  delivery
 5        services  and  transition  charges  in  accordance   with
 6        Sections  16-104  and  16-108,  for  real-time pricing in
 7        accordance with Section 16-107, or the  options  required
 8        by Section 16-110 and subsection  (n) of 16-112, allowing
 9        a  billing  experiment in accordance with Section 16-106,
10        or modifying delivery services tariffs in accordance with
11        Section 16-109; or
12             (4)  ordering or allowing into effect any tariff  to
13        recover  charges  pursuant  to Sections 9-201.5, 9-220.1,
14        9-221, 9-222 (except as  provided  in  Section  9-222.1),
15        16-108,  and  16-114  of  this  Act,  Section  5-5 of the
16        Electricity Infrastructure Maintenance Fee  Law,  Section
17        6-5  of the Renewable Energy, Energy Efficiency, and Coal
18        Resources Development Law of 1997, and Section 13 of  the
19        Energy Assistance Act.
20        After   December   31,   2004,  the  provisions  of  this
21    subsection (a) shall not apply to an electric  utility  whose
22    average residential retail rate was less than or equal to 90%
23    of  the  average  residential  retail  rate  for the "Midwest
24    Utilities", as that term is defined in subsection (b) of this
25    Section, based on data reported on  Form  1  to  the  Federal
26    Energy  Regulatory  Commission  for  calendar  year 1995, and
27    which served between 150,000 and 250,000 retail customers  in
28    this  State on January 1, 1995 unless the electric utility or
29    its holding company has been acquired by or  merged  with  an
30    affiliate  of  another electric utility subsequent to January
31    1, 2002.  This exemption shall be limited to this  subsection
32    (a) and shall not extend to any other provisions of this Act.
33        (b)  Notwithstanding  the  provisions  of subsection (a),
34    each Illinois  electric  utility  serving  more  than  12,500
 
                            -272-    LRB093 05878 EFG 05971 b
 1    customers  in  Illinois  shall  file  tariffs  (i)  reducing,
 2    effective August 1, 1998, each component of its base rates to
 3    residential  retail  customers  by 15% from the base rates in
 4    effect immediately prior to January 1, 1998 and (ii)  if  the
 5    public  utility  provides  electric  service to (A) more than
 6    500,000 customers but less than 1,000,000 customers  in  this
 7    State  on  January  1, 1999, reducing, effective May 1, 2002,
 8    each component  of  its  base  rates  to  residential  retail
 9    customers  by  an additional 5% from the base rates in effect
10    immediately prior  to  January  1,  1998,  or  (B)  at  least
11    1,000,000  customers  in  this  State  on  January  1,  1999,
12    reducing,  effective  October  1, 2001, each component of its
13    base rates to residential retail customers by  an  additional
14    5% from the base rates in effect immediately prior to January
15    1, 1998. Provided, however, that (A) if an electric utility's
16    average  residential retail rate is less than or equal to the
17    average residential  retail  rate  for  a  group  of  Midwest
18    Utilities   (consisting   of   all   investor-owned  electric
19    utilities  with  annual  system  peaks  in  excess  of   1000
20    megawatts in the States of Illinois, Indiana, Iowa, Kentucky,
21    Michigan,  Missouri,  Ohio,  and  Wisconsin),  based  on data
22    reported  on  Form  1  to  the  Federal   Energy   Regulatory
23    Commission  for  calendar  year  1995,  then it shall only be
24    required to file tariffs (i) reducing,  effective  August  1,
25    1998,  each component of its base rates to residential retail
26    customers by 5% from the base  rates  in  effect  immediately
27    prior to January 1, 1998, (ii) reducing, effective October 1,
28    2000,  each component of its base rates to residential retail
29    customers by the lesser of 5% of the  base  rates  in  effect
30    immediately  prior  to  January  1, 1998 or the percentage by
31    which the electric utility's average residential retail  rate
32    exceeds  the  average  residential retail rate of the Midwest
33    Utilities, based on data reported on Form 1  to  the  Federal
34    Energy  Regulatory  Commission  for  calendar  year 1999, and
 
                            -273-    LRB093 05878 EFG 05971 b
 1    (iii) reducing, effective October 1, 2002, each component  of
 2    its   base  rates  to  residential  retail  customers  by  an
 3    additional amount equal to the lesser of 5% of the base rates
 4    in effect  immediately  prior  to  January  1,  1998  or  the
 5    percentage   by   which   the   electric   utility's  average
 6    residential  retail  rate  exceeds  the  average  residential
 7    retail rate of the Midwest Utilities, based on data  reported
 8    on  Form  1  to  the Federal Energy Regulatory Commission for
 9    calendar year 2001; and (B) if the average residential retail
10    rate of an  electric  utility  serving  between  150,000  and
11    250,000  retail customers in this State on January 1, 1995 is
12    less than or equal to 90% of the average  residential  retail
13    rate  for  the  Midwest  Utilities, based on data reported on
14    Form 1  to  the  Federal  Energy  Regulatory  Commission  for
15    calendar  year  1995,  then it shall only be required to file
16    tariffs  (i)  reducing,  effective  August  1,   1998,   each
17    component  of  its base rates to residential retail customers
18    by 2% from the base rates  in  effect  immediately  prior  to
19    January  1,  1998;  (ii) reducing, effective October 1, 2000,
20    each component  of  its  base  rates  to  residential  retail
21    customers  by  2%  from  the  base rate in effect immediately
22    prior to January  1,  1998;  and  (iii)  reducing,  effective
23    October  1,  2002,  each  component  of  its  base  rates  to
24    residential  retail  customers  by  1% from the base rates in
25    effect  immediately  prior  to  January  1,  1998.  Provided,
26    further, that any electric utility for which  a  decrease  in
27    base  rates has been or is placed into effect between October
28    1, 1996 and the dates specified in the preceding sentences of
29    this subsection, other than pursuant to the  requirements  of
30    this  subsection,  shall  be entitled to reduce the amount of
31    any reduction or reductions in its  base  rates  required  by
32    this  subsection  by  the  amount of such other decrease. The
33    tariffs required under this subsection shall be filed 45 days
34    in advance of the effective date. Notwithstanding anything to
 
                            -274-    LRB093 05878 EFG 05971 b
 1    the contrary in Section 9-220 of this Act, no restatement  of
 2    base  rates  in  conjunction  with  the elimination of a fuel
 3    adjustment clause under that Section shall result in a lesser
 4    decrease in base rates than customers would otherwise receive
 5    under  this  subsection  had  the  electric  utility's   fuel
 6    adjustment clause not been eliminated.
 7        (c)  Any utility reducing its base rates by 15% on August
 8    1,   1998  pursuant  to  subsection  (b)  shall  include  the
 9    following statement on its bills  for  residential  customers
10    from August 1 through December 31, 1998: "Effective August 1,
11    1998,  your  rates  have  been reduced by 15% by the Electric
12    Service Customer Choice and Rate Relief Law of 1997 passed by
13    the Illinois General Assembly.".  Any  utility  reducing  its
14    base  rates  by  5% on August 1, 1998, pursuant to subsection
15    (b) shall include the following statement on  its  bills  for
16    residential  customers  from  August  1  through December 31,
17    1998:  "Effective  August  1,  1998,  your  rates  have  been
18    reduced  by  5%  by  the Electric Service Customer Choice and
19    Rate Relief Law  of  1997  passed  by  the  Illinois  General
20    Assembly.".
21        Any  utility  reducing  its base rates by 2% on August 1,
22    1998 pursuant to subsection (b) shall include  the  following
23    statement  on its bills for residential customers from August
24    1 through December 31, 1998: "Effective August 1, 1998,  your
25    rates  have  been  reduced  by  2%  by  the  Electric Service
26    Customer Choice and Rate Relief Law of  1997  passed  by  the
27    Illinois General Assembly.".
28        (d)  During  the  mandatory  transition  period,  but not
29    before January 1, 2000, and notwithstanding the provisions of
30    subsection (a), an electric utility may request  an  increase
31    in  its  base rates if the electric utility demonstrates that
32    the 2-year average of its earned rate  of  return  on  common
33    equity,  calculated  as  its  net income applicable to common
34    stock divided by the average  of  its  beginning  and  ending
 
                            -275-    LRB093 05878 EFG 05971 b
 1    balances of common equity using data reported in the electric
 2    utility's  Form  1  report  to  the Federal Energy Regulatory
 3    Commission but adjusted to remove the effects of  accelerated
 4    depreciation   or   amortization   or   other  transition  or
 5    mitigation  measures  implemented  by  the  electric  utility
 6    pursuant to subsection (g) of this Section and the effect  of
 7    any  refund  paid pursuant to subsection (e) of this Section,
 8    is below the 2-year average for  the  same  2  years  of  the
 9    monthly   average  yields  of  30-year  U.S.  Treasury  bonds
10    published by the Board of Governors of  the  Federal  Reserve
11    System  in  its  weekly H.15 Statistical Release or successor
12    publication.  The  Commission  shall  review   the   electric
13    utility's   request,   and   may   review  the  justness  and
14    reasonableness  of  all  rates  for  tariffed  services,   in
15    accordance  with  the  provisions  of Article IX of this Act,
16    provided that the Commission shall consider  any  special  or
17    negotiated  adjustments  to the revenue requirement agreed to
18    between the electric utility and the  other  parties  to  the
19    proceeding.    In  setting  rates  under  this  Section,  the
20    Commission shall exclude the  costs  and  revenues  that  are
21    associated  with  competitive  services  and  any  billing or
22    pricing experiments conducted under Section 16-106.
23        (e)  For  the  purposes  of  this  subsection   (e)   all
24    calculations  and  comparisons  shall  be  performed  for the
25    Illinois operations of multijurisdictional utilities.  During
26    the  mandatory   transition   period,   notwithstanding   the
27    provisions  of  subsection  (a),  if the 2-year average of an
28    electric utility's earned rate of return  on  common  equity,
29    calculated  as  its  net  income  applicable  to common stock
30    divided by the average of its beginning and  ending  balances
31    of   common  equity  using  data  reported  in  the  electric
32    utility's Form 1 report  to  the  Federal  Energy  Regulatory
33    Commission  but  adjusted  to remove the effect of any refund
34    paid under this  subsection  (e),  and  further  adjusted  to
 
                            -276-    LRB093 05878 EFG 05971 b
 1    include the annual amortization of any difference between the
 2    consideration  received  by  an  affiliated  interest  of the
 3    electric utility in the sale of an asset which had been  sold
 4    or  transferred  by  the  electric  utility to the affiliated
 5    interest subsequent to the effective date of this  amendatory
 6    Act  of  1997  and the consideration for which such asset had
 7    been sold or transferred to  the  affiliated  interest,  with
 8    such  difference to be amortized ratably from the date of the
 9    sale by the affiliated interest to December 31, 2006, exceeds
10    the 2-year average of the Index for the same 2 years  by  1.5
11    or  more  percentage  points, the electric utility shall make
12    refunds to customers beginning the first billing day of April
13    in the following year in the manner  described  in  paragraph
14    (3)  of this subsection. For purposes of this subsection (e),
15    the "Index" shall be the sum of (A) the average  for  the  12
16    months  ended  September  30 of the monthly average yields of
17    30-year  U.S.  Treasury  bonds  published  by  the  Board  of
18    Governors of the Federal Reserve System in  its  weekly  H.15
19    Statistical  Release  or  successor publication for each year
20    1998 through 2006, and (B) (i)  4.00  percentage  points  for
21    each  of  the  12-month  periods  ending  September  30, 1998
22    through September 30, 1999 or 8.00 percentage points  if  the
23    electric  utility's  average  residential retail rate is less
24    than or equal to 90% of the average residential  retail  rate
25    for  the  "Midwest  Utilities",  as  that  term is defined in
26    subsection (b) of this Section, based  on  data  reported  on
27    Form  1  to  the  Federal  Energy  Regulatory  Commission for
28    calendar year 1995, and the electric utility  served  between
29    150,000 and 250,000 retail customers on January 1, 1995, (ii)
30    7.00  percentage  points  for  each  of  the 12-month periods
31    ending September 30, 2000 through September 30, 2006  if  the
32    electric  utility was providing service to at least 1,000,000
33    customers  in  this  State  on  January  1,  1999,  or   9.00
34    percentage   points   if   the   electric  utility's  average
 
                            -277-    LRB093 05878 EFG 05971 b
 1    residential retail rate is less than or equal to 90%  of  the
 2    average  residential retail rate for the "Midwest Utilities",
 3    as that term is defined in subsection (b)  of  this  Section,
 4    based  on  data  reported  on  Form  1  to the Federal Energy
 5    Regulatory Commission for calendar year 1995 and the electric
 6    utility served between 150,000 and 250,000  retail  customers
 7    in  this  State  on  January  1, 1995, (iii) 11.00 percentage
 8    points for each of the 12-month periods ending September  30,
 9    2000  through  September  30,  2006, but only if the electric
10    utility's average residential retail rate  is  less  than  or
11    equal  to  90% of the average residential retail rate for the
12    "Midwest Utilities", as that term is  defined  in  subsection
13    (b)  of this Section, based on data reported on Form 1 to the
14    Federal Energy Regulatory Commission for calendar year  1995,
15    the  electric  utility  served  between  150,000  and 250,000
16    retail customers in this State on January 1,  1995,  and  the
17    electric  utility  offers delivery services on or before June
18    1, 2000 to retail customers whose annual electric energy  use
19    comprises  33%  of  the  kilowatt hour sales to that group of
20    retail customers that are classified under Division D, Groups
21    20 through 39 of the Standard Industrial Classifications  set
22    forth   in  the  Standard  Industrial  Classification  Manual
23    published by the  United  States  Office  of  Management  and
24    Budget,  excluding the kilowatt hour sales to those customers
25    that are eligible for delivery services pursuant  to  Section
26    16-104(a)(1)(i),   and   offers   delivery  services  to  its
27    remaining  retail  customers  classified  under  Division  D,
28    Groups 20 through 39 on  or  before  October  1,  2000,  and,
29    provided  further,  that  the electric utility commits not to
30    petition pursuant to Section 16-108(f) for entry of an  order
31    by   the  Commission  authorizing  the  electric  utility  to
32    implement transition charges for an additional  period  after
33    December 31, 2006, or (iv) 5.00 percentage points for each of
34    the  12-month  periods  ending  September  30,  2000  through
 
                            -278-    LRB093 05878 EFG 05971 b
 1    September  30,  2006 for all other electric utilities or 7.00
 2    percentage points for such utilities for each of the 12-month
 3    periods ending September 30, 2000 through September 30,  2006
 4    for any such utility that commits not to petition pursuant to
 5    Section  16-108(f)  for  entry  of an order by the Commission
 6    authorizing the  electric  utility  to  implement  transition
 7    charges  for  an additional period after December 31, 2006 or
 8    11.00 percentage points for  each  of  the  12-month  periods
 9    ending  September  30,  2005  and September 30, 2006 for each
10    electric utility providing service to fewer  than  6,500,  or
11    between 75,000 and 150,000, electric retail customers in this
12    State  on  January  1,  1995  if  such utility commits not to
13    petition pursuant to Section 16-108(f) for entry of an  order
14    by   the  Commission  authorizing  the  electric  utility  to
15    implement transition charges for an additional  period  after
16    December 31, 2006.
17             (1)  For  purposes  of  this subsection (e), "excess
18        earnings" means the difference  between  (A)  the  2-year
19        average  of  the electric utility's earned rate of return
20        on common equity, less (B) the 2-year average of the  sum
21        of  (i)  the  Index applicable to each of the 2 years and
22        (ii)  1.5  percentage  points;  provided,  that   "excess
23        earnings" shall never be less than zero.
24             (2)  On or before March 31 of each year 2000 through
25        2007  each  electric utility shall file a report with the
26        Commission showing its earned rate of  return  on  common
27        equity,  calculated  in  accordance with this subsection,
28        for the preceding calendar year and the average  for  the
29        preceding 2 calendar years.
30             (3)  If  an  electric  utility  has excess earnings,
31        determined in accordance with paragraphs (1) and  (2)  of
32        this  subsection,  the refunds which the electric utility
33        shall pay  to its customers beginning the  first  billing
34        day  of  April  in the following year shall be calculated
 
                            -279-    LRB093 05878 EFG 05971 b
 1        and applied as follows:
 2                  (i)  The  electric  utility's  excess  earnings
 3             shall be multiplied by the average of the  beginning
 4             and ending balances of the electric utility's common
 5             equity   for  the  2-year  period  in  which  excess
 6             earnings occurred.
 7                  (ii)  The result  of  the  calculation  in  (i)
 8             shall  be  multiplied  by 0.50 and then divided by a
 9             number equal  to  1  minus  the  electric  utility's
10             composite federal and State income tax rate.
11                  (iii)  The  result  of  the calculation in (ii)
12             shall  be  divided  by  the  sum  of  the   electric
13             utility's  projected  total  kilowatt-hour  sales to
14             retail customers plus projected kilowatt-hours to be
15             delivered to delivery services customers over a  one
16             year period beginning with the first billing date in
17             April  in  the  succeeding year to determine a cents
18             per kilowatt-hour refund factor.
19                  (iv)  The cents per kilowatt-hour refund factor
20             calculated  in  (iii)  shall  be  credited  to   the
21             electric  utility's customers by applying the factor
22             on   the   customer's   monthly   bills   to    each
23             kilowatt-hour  sold  or  delivered  until  the total
24             amount  calculated  in  (ii)  has   been   paid   to
25             customers.
26        (f)  During  the mandatory transition period, an electric
27    utility may file revised tariffs reducing the  price  of  any
28    tariffed  service  offered  by  the  electric utility for all
29    customers  taking  that  tariffed  service,  which  shall  be
30    effective 7 days after filing.
31        (g)  During the mandatory transition period, an  electric
32    utility may, without obtaining any approval of the Commission
33    other   than   that  provided  for  in  this  subsection  and
34    notwithstanding any other provision of this Act or  any  rule
 
                            -280-    LRB093 05878 EFG 05971 b
 1    or  regulation  of  the  Commission  that  would require such
 2    approval:
 3             (1)  implement a reorganization, other than a merger
 4        of 2 or more public utilities as defined in Section 3-105
 5        or their holding companies;
 6             (2)  retire generating plants from service;
 7             (3)  sell,  assign,  lease  or  otherwise   transfer
 8        assets  to  an  affiliated  or unaffiliated entity and as
 9        part of such transaction enter into  service  agreements,
10        power  purchase  agreements, or other agreements with the
11        transferee; provided, however, that the prices, terms and
12        conditions  of  any  power  purchase  agreement  must  be
13        approved or allowed into effect  by  the  Federal  Energy
14        Regulatory Commission; or
15             (4)  use   any   accelerated  cost  recovery  method
16        including    accelerated    depreciation,     accelerated
17        amortization or other capital recovery methods, or record
18        reductions to the original cost of its assets.
19        In order to implement a reorganization, retire generating
20    plants  from  service,  or  sell,  assign, lease or otherwise
21    transfer  assets  pursuant  to  this  Section,  the  electric
22    utility shall comply with subsections (c) and (d) of  Section
23    16-128, if applicable, and subsection (k) of this Section, if
24    applicable,  and provide the Commission with at least 30 days
25    notice of the proposed reorganization or  transaction,  which
26    notice shall include the following information:
27                  (i)  a  complete  statement of the entries that
28             the electric utility will  make  on  its  books  and
29             records   of   account  to  implement  the  proposed
30             reorganization  or  transaction  together   with   a
31             certification  from  an independent certified public
32             accountant that such  entries  are  in  accord  with
33             generally accepted accounting principles and, if the
34             Commission  has  previously  approved guidelines for
 
                            -281-    LRB093 05878 EFG 05971 b
 1             cost  allocations  between  the  utility   and   its
 2             affiliates,   a   certification   from   the   chief
 3             accounting  officer of the utility that such entries
 4             are in accord with those cost allocation guidelines;
 5                  (ii)  a description of how the electric utility
 6             will use proceeds of any sale, assignment, lease  or
 7             transfer  to  retire  debt  or  otherwise  reduce or
 8             recover the  costs  of  services  provided  by  such
 9             electric utility;
10                  (iii)  a  list  of  all  federal  approvals  or
11             approvals  required from departments and agencies of
12             this State, other  than  the  Commission,  that  the
13             electric   utility   has   or   will  obtain  before
14             implementing the reorganization or transaction;
15                  (iv)  an irrevocable commitment by the electric
16             utility that  it  will  not,  as  a  result  of  the
17             transaction,  impose  any stranded cost charges that
18             it might  otherwise  be  allowed  to  charge  retail
19             customers   under   federal   law  or  increase  the
20             transition charges that it is otherwise entitled  to
21             collect under this Article XVI; and
22                  (v)  if  the electric utility proposes to sell,
23             assign, lease or  otherwise  transfer  a  generating
24             plant  that  brings  the  amount  of  net dependable
25             generating capacity  transferred  pursuant  to  this
26             subsection to an amount equal to or greater than 15%
27             of the electric utility's net dependable capacity as
28             of  the  effective  date  of  this amendatory Act of
29             1997, and enters into  a  power  purchase  agreement
30             with  the  entity  to which such generating plant is
31             sold, assigned, leased,  or  otherwise  transferred,
32             the  electric  utility  also  agrees,  if   its fuel
33             adjustment clause has not already  been  eliminated,
34             to   eliminate   its   fuel   adjustment  clause  in
 
                            -282-    LRB093 05878 EFG 05971 b
 1             accordance with subsection (b) of Section 9-220  for
 2             a  period  of  time  equal to the length of any such
 3             power purchase agreement or successor agreement,  or
 4             until  January  1, 2005, whichever is longer; if the
 5             capacity of the generating plant so transferred  and
 6             related  power purchase agreement does not result in
 7             the elimination of the fuel adjustment clause  under
 8             this  subsection, and the fuel adjustment clause has
 9             not already been eliminated,  the  electric  utility
10             shall  agree  that  the  costs  associated  with the
11             transferred  plant  that   are   included   in   the
12             calculation  of  the  rate  per  kilowatt-hour to be
13             applied pursuant  to  the  electric  utility's  fuel
14             adjustment  clause  during  such  period  shall  not
15             exceed  the  per  kilowatt-hour cost associated with
16             such  generating  plant  included  in  the  electric
17             utility's fuel adjustment  clause  during  the  full
18             calendar  year  preceding  the  transfer,  with such
19             limit to be  adjusted each year  thereafter  by  the
20             Gross Domestic Product Implicit Price Deflator.
21                  (vi)  In  addition,  if  the  electric  utility
22             proposes  to  sell, assign, or lease, (A) either (1)
23             an amount of generating plant that brings the amount
24             of net dependable  generating  capacity  transferred
25             pursuant to this subsection to an amount equal to or
26             greater  than  15% of its net dependable capacity on
27             the effective date of this amendatory Act  of  1997,
28             or  (2)  one  or more generating plants with a total
29             net dependable capacity of 1100  megawatts,  or  (B)
30             transmission and distribution facilities that either
31             (1)   bring   the   amount   of   transmission   and
32             distribution facilities transferred pursuant to this
33             subsection to an amount equal to or greater than 15%
34             of the electric utility's total depreciated original
 
                            -283-    LRB093 05878 EFG 05971 b
 1             cost investment in such facilities, or (2) represent
 2             an  investment  of  $25,000,000  in  terms  of total
 3             depreciated  original  cost,  the  electric  utility
 4             shall provide, in addition to the information listed
 5             in subparagraphs  (i)  through  (v),  the  following
 6             information:  (A)  a description of how the electric
 7             utility will meet its service obligations under this
 8             Act in a  safe  and  reliable  manner  and  (B)  the
 9             electric  utility's  projected earned rate of return
10             on common  equity,  calculated  in  accordance  with
11             subsection  (d)  of this Section, for each year from
12             the date of the notice  through  December  31,  2006
13             both  with and without the proposed transaction.  If
14             the Commission has not issued an order initiating  a
15             hearing  on  the proposed transaction within 30 days
16             after the date  the  electric  utility's  notice  is
17             filed,  the  transaction  shall  be deemed approved.
18             The  Commission  may,  after  notice  and   hearing,
19             prohibit the proposed transaction if it makes either
20             or  both  of  the  following  findings: (1) that the
21             proposed  transaction  will  render   the   electric
22             utility unable to provide its tariffed services in a
23             safe  and  reliable  manner,  or (2) that there is a
24             strong likelihood that consummation of the  proposed
25             transaction  will  result  in  the  electric utility
26             being entitled to request an increase  in  its  base
27             rates   during   the   mandatory  transition  period
28             pursuant to subsection (d)  of  this  Section.   Any
29             hearing   initiated   by  the  Commission  into  the
30             proposed transaction shall  be  completed,  and  the
31             Commission's  final  order  approving or prohibiting
32             the proposed transaction shall be entered, within 90
33             days after the date the  electric  utility's  notice
34             was   filed.   Provided,   however,   that  a  sale,
 
                            -284-    LRB093 05878 EFG 05971 b
 1             assignment, or lease of transmission  facilities  to
 2             an   independent  system  operator  that  meets  the
 3             requirements of Section 16-126 shall not be  subject
 4             to Commission approval under this Section.
 5                  In  any  proceeding conducted by the Commission
 6             pursuant to  this  subparagraph  (vi),  intervention
 7             shall  be  limited to parties with a direct interest
 8             in the transaction  which  is  the  subject  of  the
 9             hearing and any statutory consumer protection agency
10             as  defined  in  subsection  (d) of Section 9-102.1.
11             Notwithstanding the provisions of Section 10-113  of
12             this  Act,  any  application seeking rehearing of an
13             order issued under this subparagraph  (vi),  whether
14             filed  by  the electric utility or by an intervening
15             party, shall be filed within 10 days  after  service
16             of the order.
17        The  Commission shall not in any subsequent proceeding or
18    otherwise, review such a reorganization or other  transaction
19    authorized by this Section, but shall retain the authority to
20    allocate  costs  as stated in Section 16-111(i). An entity to
21    which an electric utility sells, assigns, leases or transfers
22    assets pursuant to this subsection (g) shall not, as a result
23    of the transactions specified  in  this  subsection  (g),  be
24    deemed a public utility as defined in Section 3-105.  Nothing
25    in this subsection (g) shall change any requirement under the
26    jurisdiction  of  the  Illinois  Department of Nuclear Safety
27    including, but not limited to, the payment of  fees.  Nothing
28    in  this subsection (g) shall exempt a utility from obtaining
29    a certificate pursuant to Section 8-406 of this Act  for  the
30    construction  of a new electric generating facility.  Nothing
31    in this subsection (g) is intended to exempt the transactions
32    hereunder  from  the  operation  of  the  federal  or   State
33    antitrust  laws. Nothing in this subsection (g) shall require
34    an electric utility to use the procedures specified  in  this
 
                            -285-    LRB093 05878 EFG 05971 b
 1    subsection for any of the transactions specified herein.  Any
 2    other procedure available under this Act may, at the electric
 3    utility's election, be used for any such transaction.
 4        (h)  During   the   mandatory   transition   period,  the
 5    Commission  shall  not  establish  or  use   any   rates   of
 6    depreciation,  which  for  purposes  of this subsection shall
 7    include amortization, for any  electric  utility  other  than
 8    those established pursuant to subsection (c) of Section 5-104
 9    of  this  Act  or utilized pursuant to subsection (g) of this
10    Section.  Provided, however, that in any proceeding to review
11    an electric utility's rates for tariffed services pursuant to
12    Section 9-201, 9-202, 9-250 or 16-111(d)  of  this  Act,  the
13    Commission  may  establish  new rates of depreciation for the
14    electric utility in the same manner  provided  in  subsection
15    (d)  of  Section  5-104  of  this  Act.  An  electric utility
16    implementing an accelerated cost  recovery  method  including
17    accelerated  depreciation,  accelerated amortization or other
18    capital recovery methods,  or  recording  reductions  to  the
19    original  cost  of  its assets, pursuant to subsection (g) of
20    this Section, shall file  a  statement  with  the  Commission
21    describing   the  accelerated  cost  recovery  method  to  be
22    implemented or the reduction in  the  original  cost  of  its
23    assets  to  be  recorded.  Upon the filing of such statement,
24    the accelerated cost recovery method or the reduction in  the
25    original cost of assets shall be deemed to be approved by the
26    Commission  as  though  an  order  had  been  entered  by the
27    Commission.
28        (i)  Subsequent to the mandatory transition  period,  the
29    Commission,  in any proceeding to establish rates and charges
30    for tariffed services offered by an electric  utility,  shall
31    consider  only  (1)  the  then current or projected revenues,
32    costs, investments and cost of capital directly or indirectly
33    associated with the provision of such tariffed services;  (2)
34    collection  of transition charges in accordance with Sections
 
                            -286-    LRB093 05878 EFG 05971 b
 1    16-102 and 16-108 of this Act; (3) recovery of  any  employee
 2    transition  costs  as  described  in Section 16-128 which the
 3    electric utility is continuing to incur,  including  recovery
 4    of  any unamortized portion of such costs previously incurred
 5    or committed, with such costs to be equitably allocated among
 6    bundled  services,  delivery  services,  and  contracts  with
 7    alternative retail electric suppliers; and  (4)  recovery  of
 8    the  costs  associated with the electric utility's compliance
 9    with decommissioning  funding  requirements;  and  shall  not
10    consider  any  other  revenues, costs, investments or cost of
11    capital of either the electric utility or of any affiliate of
12    the  electric  utility  that  are  not  associated  with  the
13    provision  of  tariffed  services.   In  setting  rates   for
14    tariffed  services,  the  Commission shall equitably allocate
15    joint and common costs and investments between  the  electric
16    utility's  competitive and tariffed services.  In determining
17    the justness and reasonableness of  the  electric  power  and
18    energy  component of an electric utility's rates for tariffed
19    services subsequent to the mandatory  transition  period  and
20    prior  to  the time that the provision of such electric power
21    and energy is  declared  competitive,  the  Commission  shall
22    consider  the extent to which the electric utility's tariffed
23    rates for such component for each customer class  exceed  the
24    market  value  determined pursuant to Section 16-112, and, if
25    the electric power and energy component of such tariffed rate
26    exceeds the market value by more than 10%  for  any  customer
27    class, may establish such electric power and energy component
28    at  a  rate  equal  to the market value plus 10%. In any such
29    case, the Commission may also elect to extend the  provisions
30    of  Section  16-111(e)  for  any period in which the electric
31    utility is collecting transition charges,  using  information
32    applicable to such period.
33        (j)  During  the mandatory transition period, an electric
34    utility may elect  to  transfer  to  a  non-operating  income
 
                            -287-    LRB093 05878 EFG 05971 b
 1    account  under  the  Commission's  Uniform System of Accounts
 2    either or both of (i) an amount of unamortized investment tax
 3    credit that is in addition to the  ratable  amount  which  is
 4    credited  to  the electric utility's operating income account
 5    for the year in  accordance  with  Section  46(f)(2)  of  the
 6    federal  Internal Revenue Code of 1986, as in effect prior to
 7    P.L. 101-508, or (ii) "excess tax reserves", as that term  is
 8    defined in Section 203(e)(2)(A) of the federal Tax Reform Act
 9    of  1986,  provided  that  (A) the amount transferred may not
10    exceed the amount of the electric utility's assets that  were
11    created   pursuant   to  Statement  of  Financial  Accounting
12    Standards No. 71 which the electric utility has  written  off
13    during  the mandatory transition period, and (B) the transfer
14    shall not be effective until approved by the Internal Revenue
15    Service.   An  electric  utility  electing  to  make  such  a
16    transfer shall file a statement with the  Commission  stating
17    the amount and timing of the transfer for which it intends to
18    request  approval of the Internal Revenue Service, along with
19    a copy of  its  proposed  request  to  the  Internal  Revenue
20    Service  for  a  ruling.  The Commission shall issue an order
21    within 14 days after the electric utility's filing approving,
22    subject to receipt of  approval  from  the  Internal  Revenue
23    Service, the proposed transfer.
24        (k)  If an electric utility is selling or transferring to
25    a  single  buyer  5 or more generating plants located in this
26    State with a total net dependable capacity of 5000  megawatts
27    or  more  pursuant  to subsection (g) of this Section and has
28    obtained a sale price or consideration that exceeds  200%  of
29    the  book  value  of  such  plants, the electric utility must
30    provide to  the  Governor,  the  President  of  the  Illinois
31    Senate,  the  Minority  Leader  of  the  Illinois Senate, the
32    Speaker of the Illinois House  of  Representatives,  and  the
33    Minority  Leader  of the Illinois House of Representatives no
34    later than 15 days after filing its notice  under  subsection
 
                            -288-    LRB093 05878 EFG 05971 b
 1    (g)  of  this  Section or 5 days after the date on which this
 2    subsection (k) becomes law, whichever  is  later,  a  written
 3    commitment in which such electric utility agrees to expend $2
 4    billion outside the corporate limits of any municipality with
 5    1,000,000  or more inhabitants within such electric utility's
 6    service  area,  over  a  6-year  period  beginning  with  the
 7    calendar year in which the  notice  is  filed,  on  projects,
 8    programs,  and  improvements within its service area relating
 9    to   transmission   and   distribution   including,   without
10    limitation, infrastructure expansion, repair and replacement,
11    capital  investments,   operations   and   maintenance,   and
12    vegetation management.
13    (Source:  P.A.  91-50,  eff.  6-30-99;  92-537,  eff. 6-6-02;
14    92-690, eff. 7-18-02; revised 9-10-02)

15        Section 37.5.  The Nursing and Advanced Practice  Nursing
16    Act is amended by changing Section 10-30 as follows:

17        (225 ILCS 65/10-30)
18        (Section scheduled to be repealed on January 1, 2008)
19        Sec. 10-30.  Qualifications for licensure.
20        (a)  Each    applicant   who   successfully   meets   the
21    requirements of this Section shall be entitled  to  licensure
22    as  a Registered Nurse or Licensed Practical Nurse, whichever
23    is applicable.
24        (b)  An  applicant  for  licensure  by   examination   to
25    practice  as  a  registered nurse or licensed practical nurse
26    shall:
27             (1)  submit  a  completed  written  application,  on
28        forms provided by the Department and fees as  established
29        by the Department;
30             (2)  for  registered nurse licensure, have graduated
31        from a professional nursing education program approved by
32        the Department;
 
                            -289-    LRB093 05878 EFG 05971 b
 1             (2.5)  for licensed practical nurse licensure,  have
 2        graduated  graduate  from  a  practical nursing education
 3        program approved by the Department;
 4             (3)  have not violated  the  provisions  of  Section
 5        10-45   of  this  Act.   The  Department  may  take  into
 6        consideration any felony conviction of the applicant, but
 7        such a conviction shall not operate as an absolute bar to
 8        licensure;
 9             (4)  meet all other requirements as  established  by
10        rule;
11             (5)  pay, either to the Department or its designated
12        testing service, a fee covering the cost of providing the
13        examination.   Failure  to  appear for the examination on
14        the scheduled date at the time and place specified  after
15        the  applicant's  application  for  examination  has been
16        received  and  acknowledged  by  the  Department  or  the
17        designated testing service shall result in the forfeiture
18        of the examination fee.
19        If an applicant neglects, fails, or refuses  to  take  an
20    examination  or  fails  to  pass an examination for a license
21    under this Act within 3 years after filing  the  application,
22    the  application shall be denied.  However, the applicant may
23    make a new application accompanied by the  required  fee  and
24    provide  evidence of meeting the requirements in force at the
25    time of the new application.
26        An  applicant  may  take  and  successfully  complete   a
27    Department-approved   examination  in  another  jurisdiction.
28    However, an applicant who has never been licensed  previously
29    in  any  jurisdiction  that  utilizes  a  Department-approved
30    examination  and  who  has  taken  and  failed  to  pass  the
31    examination  within 3 years after filing the application must
32    submit    proof    of    successful    completion    of     a
33    Department-authorized    nursing    education    program   or
34    recompletion of an approved  registered  nursing  program  or
 
                            -290-    LRB093 05878 EFG 05971 b
 1    licensed  practical nursing program, as appropriate, prior to
 2    re-application.
 3        An applicant  shall  have  one  year  from  the  date  of
 4    notification  of  successful completion of the examination to
 5    apply to the Department for a license.  If an applicant fails
 6    to apply within one year, the applicant shall be required  to
 7    again  take  and  pass  the  examination  unless  licensed in
 8    another jurisdiction of the United States within one year  of
 9    passing the examination.
10        (c)  An  applicant  for licensure by endorsement who is a
11    registered professional nurse or a licensed  practical  nurse
12    licensed  by  examination  under the laws of another state or
13    territory  of  the  United  States  or  a  foreign   country,
14    jurisdiction, territory, or province shall:
15             (1)  submit  a  completed  written  application,  on
16        forms supplied by the Department, and fees as established
17        by the Department;
18             (2)  for  registered nurse licensure, have graduated
19        from a professional nursing education program approved by
20        the Department;
21             (2.5)  for licensed practical nurse licensure,  have
22        graduated  from  a  practical  nursing  education program
23        approved by the Department;
24             (3)  submit   verification   of   licensure   status
25        directly  from  the   United   States   jurisdiction   of
26        licensure, if applicable, as defined by rule;
27             (4)  have  passed  the examination authorized by the
28        Department;
29             (5)  meet all other requirements as  established  by
30        rule.
31        (d)  All   applicants   for  registered  nurse  licensure
32    pursuant to item (2)  of  subsection  (b)  and  item  (2)  of
33    subsection  (c)  of this Section who are graduates of nursing
34    educational programs in  a  country  other  than  the  United
 
                            -291-    LRB093 05878 EFG 05971 b
 1    States  or  its  territories  must  submit  to the Department
 2    certification of successful completion of the  Commission  of
 3    Graduates of Foreign Nursing Schools (CGFNS) examination.  An
 4    applicant  who is unable to provide appropriate documentation
 5    to satisfy CGFNS of her or his educational qualifications for
 6    the  CGFNS  examination  shall  be  required   to   pass   an
 7    examination to test competency in the English language, which
 8    shall  be  prescribed  by the Department, if the applicant is
 9    determined by the  Board  to  be  educationally  prepared  in
10    nursing.   The  Board shall make appropriate inquiry into the
11    reasons for any adverse determination by CGFNS before  making
12    its own decision.
13        An  applicant  licensed in another state or territory who
14    is applying  for  licensure  and  has  received  her  or  his
15    education  in  a  country other than the United States or its
16    territories shall  be  exempt  from  the  completion  of  the
17    Commission  of  Graduates  of Foreign Nursing Schools (CGFNS)
18    examination if the  applicant  meets  all  of  the  following
19    requirements:
20             (1)  successful passage of the licensure examination
21        authorized by the Department;
22             (2)  holds   an   active,  unencumbered  license  in
23        another state; and
24             (3)  has been actively practicing for a minimum of 2
25        years in another state.
26        (e)  (Blank).
27        (f)  Pending the issuance of a license  under  subsection
28    (c)  of this Section, the Department may grant an applicant a
29    temporary license to practice nursing as a  registered  nurse
30    or  as  a  licensed  practical  nurse  if  the  Department is
31    satisfied that the applicant holds  an  active,  unencumbered
32    license  in  good  standing  in another jurisdiction.  If the
33    applicant holds more than one current active license, or  one
34    or  more  active temporary licenses from other jurisdictions,
 
                            -292-    LRB093 05878 EFG 05971 b
 1    the Department shall not issue a temporary license  until  it
 2    is  satisfied  that  each  current active license held by the
 3    applicant is  unencumbered.   The  temporary  license,  which
 4    shall  be  issued  no  later  than  14 working days following
 5    receipt by the Department of an application for the temporary
 6    license,  shall  be  granted  upon  the  submission  of   the
 7    following to the Department:
 8             (1)  a   signed   and   completed   application  for
 9        licensure under subsection  (a)  of  this  Section  as  a
10        registered nurse or a licensed practical nurse;
11             (2)  proof  of a current, active license in at least
12        one other jurisdiction and proof that each current active
13        license or temporary license held by the applicant within
14        the last 5 years is unencumbered;
15             (3)  a  signed  and  completed  application  for   a
16        temporary license; and
17             (4)  the required temporary license fee.
18        (g)  The  Department  may  refuse to issue an applicant a
19    temporary license authorized pursuant  to  this  Section  if,
20    within   14   working   days  following  its  receipt  of  an
21    application  for  a   temporary   license,   the   Department
22    determines that:
23             (1)  the  applicant  has  been  convicted of a crime
24        under the laws of a jurisdiction of  the  United  States:
25        (i)  which  is  a  felony; or (ii) which is a misdemeanor
26        directly related  to  the  practice  of  the  profession,
27        within the last 5 years;
28             (2)  within the last 5 years the applicant has had a
29        license  or  permit  related  to  the practice of nursing
30        revoked, suspended, or placed  on  probation  by  another
31        jurisdiction,   if  at  least  one  of  the  grounds  for
32        revoking, suspending, or placing on probation is the same
33        or substantially equivalent to grounds in Illinois; or
34             (3)  it intends to deny licensure by endorsement.
 
                            -293-    LRB093 05878 EFG 05971 b
 1        For purposes of this Section, an  "unencumbered  license"
 2    means a license against which no disciplinary action has been
 3    taken  or  is  pending and for which all fees and charges are
 4    paid and current.
 5        (h)  The Department may revoke a temporary license issued
 6    pursuant to this Section if:
 7             (1)  it  determines  that  the  applicant  has  been
 8        convicted of a crime under the law of any jurisdiction of
 9        the United  States  that  is  (i)  a  felony  or  (ii)  a
10        misdemeanor  directly  related  to  the  practice  of the
11        profession, within the last 5 years;
12             (2)  it determines that within the last 5 years  the
13        applicant  has  had  a  license  or permit related to the
14        practice of nursing  revoked,  suspended,  or  placed  on
15        probation by another jurisdiction, if at least one of the
16        grounds for revoking, suspending, or placing on probation
17        is  the  same  or  substantially equivalent to grounds in
18        Illinois; or
19             (3)  it determines that it intends to deny licensure
20        by endorsement.
21        A temporary license shall expire 6 months from  the  date
22    of   issuance.    Further  renewal  may  be  granted  by  the
23    Department in hardship cases, as defined  by  rule  and  upon
24    approval of the Director.  However, a temporary license shall
25    automatically expire upon issuance of the Illinois license or
26    upon   notification  that  the  Department  intends  to  deny
27    licensure, whichever occurs first.
28        (i)  Applicants have 3 years from the date of application
29    to complete the application process. If the process  has  not
30    been  completed  within 3 years from the date of application,
31    the application shall be denied, the fee forfeited,  and  the
32    applicant must reapply and meet the requirements in effect at
33    the time of reapplication.
34    (Source:  P.A.  92-39,  eff.  6-29-01;  92-744, eff. 7-25-02;
 
                            -294-    LRB093 05878 EFG 05971 b
 1    revised 2-17-03.)

 2        Section 38.  The Elevator Safety and  Regulation  Act  is
 3    amended by changing Sections 15 and 25 as follows:

 4        (225 ILCS 312/15)
 5        (Section scheduled to be repealed on January 1, 2013)
 6        Sec. 15.  Definitions.  For the purpose of this Act:
 7        "Administrator"  means  the  Office  of  the  State  Fire
 8    Marshal.
 9        "ANSI  A10.4" means the safety requirements for personnel
10    hoists, an American National Standard.
11        "ASCE 21" means the American Society of  Civil  Engineers
12    Automated People Mover Standards.
13        "ASME  A17.1"  means  the  Safety  Code for Elevators and
14    Escalators, an American National Standard.
15        "ASME A17.3" means the Safety Code for Existing Elevators
16    and Escalators, an American National Standard.
17        "ASME A18.1" means the Safety Standard for Platform Lifts
18    and Stairway Chairlifts, an American National Standard.
19        "Automated people mover" means an installation as defined
20    as an "automated people mover" in ASCE 21.
21        "Board" means the Elevator Safety Review Board.
22        "Certificate of operation" means a certificate issued  by
23    the  Administrator  that  indicates  that  the conveyance has
24    passed the required safety inspection and tests and fees have
25    been paid as set forth in this Act.   The  Administrator  may
26    issue  a  temporary certificate of operation that permits the
27    temporary use of a non-compliant conveyance  by  the  general
28    public  for a limited time of 30 days while minor repairs are
29    being completed.
30        "Conveyance" means any elevator,  dumbwaiter,  escalator,
31    moving  sidewalk,  platform  lifts,  stairway  chairlifts and
32    automated people movers.
 
                            -295-    LRB093 05878 EFG 05971 b
 1        "Elevator" means an installation defined as an "elevator"
 2    in ASME A17.1.
 3        "Elevator  contractor"  means  any   person,   firm,   or
 4    corporation who possesses an elevator contractor's license in
 5    accordance  with the provisions of Sections 40 and 55 of this
 6    Act  and  who  is  engaged  in  the  business  of   erecting,
 7    constructing,  installing, altering, servicing, repairing, or
 8    maintaining elevators or related conveyance covered  by  this
 9    Act.
10        "Elevator   contractor's  license" means a license issued
11    to  an  elevator  contractor  who  has  proven  his  or   her
12    qualifications  and  ability  and  has been authorized by the
13    Elevator Safety Review Board to possess this type of license.
14    It shall entitle the holder thereof to engage in the business
15    of erecting, constructing, installing,  altering,  servicing,
16    testing,  repairing,  or  maintaining  elevators  or  related
17    conveyance  covered by this Act.  The Administrator may issue
18    a limited elevator contractor's license authorizing a firm or
19    company that employs individuals to carry on  a  business  of
20    erecting,   constructing,  installing,  altering,  servicing,
21    repairing,  or  maintaining  platform  lifts   and   stairway
22    chairlifts  within  any  building or structure, including but
23    not limited to private residences.
24        "Elevator inspector" means any person  who  possesses  an
25    elevator   inspector's   license   in   accordance  with  the
26    provisions of this Act or any person who performs the  duties
27    and  functions of an elevator inspector for any unit of local
28    government with a population greater than 500,000 prior to or
29    on the effective date of this Act.
30        "Elevator mechanic" means any  person  who  possesses  an
31    elevator mechanic's license in accordance with the provisions
32    of  Sections  40  and  45  of  this Act and who is engaged in
33    erecting,  constructing,  installing,  altering,   servicing,
34    repairing,  or  maintaining  elevators  or related conveyance
 
                            -296-    LRB093 05878 EFG 05971 b
 1    covered by this Act.
 2        "Elevator mechanic's license" means a license issued to a
 3    person who has proven his or her qualifications  and  ability
 4    and  has  been authorized by the Elevator Safety Review Board
 5    to work on conveyance equipment. It shall entitle the  holder
 6    thereof  to install, construct, alter, service, repair, test,
 7    maintain, and perform electrical work on elevators or related
 8    conveyance covered by this Act.
 9        "Escalator"  means  an   installation   defined   as   an
10    "escalator" in ASME A17.1.
11        "Existing  installation" means an installation defined as
12    an "installation, existing" in ASME A17.1.
13        "Inspector's license" means a license issued to a  person
14    who  has proven his or her qualifications and ability and has
15    been authorized  by  the  Elevator  Safety  Review  Board  to
16    possess  this  type  of license.  It shall entitle the holder
17    thereof to engage in the business of inspecting elevators  or
18    related conveyance covered by this Act.
19        "License"  means  a  written  license, duly issued by the
20    Administrator, authorizing a  person,  firm,  or  company  to
21    carry  on the business of erecting, constructing, installing,
22    altering, servicing, repairing,  maintaining,  or  performing
23    inspections  of  elevators  or  related conveyance covered by
24    this Act.
25        "Material alteration" means an "alteration" as defined by
26    the Board.
27        "Moving walk" means  an  installation  as  defined  as  a
28    "moving walk" in ASME A17.1.
29        "Private  residence"  means  a  separate  dwelling  or  a
30    separate apartment in a multiple dwelling that is occupied by
31    members of a single-family unit.
32        "Repair" has the meaning defined by the Board, which does
33    not require a permit.
34        "Temporarily  dormant"  means an elevator, dumbwaiter, or
 
                            -297-    LRB093 05878 EFG 05971 b
 1    escalator:
 2             (1)  with a power supply that has been  disconnected
 3        by  removing  fuses and placing a padlock on the mainline
 4        disconnect switch in the "off" position;
 5             (2)  with a car that is parked  and  hoistway  doors
 6        that are in the closed and latched position;
 7             (3)  with  a  wire  seal  on the mainline disconnect
 8        switch installed by a licensed elevator inspector;
 9             (4)  that shall not be used again until it has  been
10        put in safe running order and is in condition for use;
11             (5)  requiring  annual  inspections for the duration
12        of the temporarily dormant status by a licensed  elevator
13        inspector;
14             (6)  that has a "temporarily dormant" status that is
15        renewable  on  an  annual basis, not to exceed a one-year
16        period;
17             (7)  requiring the inspector to file a  report  with
18        the  chief  elevator  inspector  describing  the  current
19        conditions; and
20             (8)  with  a wire seal and padlock that shall not be
21        removed for  any  purpose  without  permission  from  the
22        elevator inspector.
23    (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)

24        (225 ILCS 312/25)
25        (Section scheduled to be repealed on January 1, 2013)
26        Sec. 25.  Elevator Safety Review Board.
27        (a)  There  is  hereby  created  within the Office of the
28    State  Fire  Marshal  the  Elevator  Safety   Review   Board,
29    consisting  of 13 members.  The Administrator shall appoint 3
30    members who shall be representatives of  of  a  fire  service
31    communities.   The  Governor  shall  appoint the remaining 10
32    members of the Board as follows: one  representative  from  a
33    major   elevator  manufacturing  company  or  its  authorized
 
                            -298-    LRB093 05878 EFG 05971 b
 1    representative; one representative from an elevator servicing
 2    company;  one  representative  of  the  architectural  design
 3    profession; one representative of  the  general  public;  one
 4    representative  of  a  municipality  in  this  State  with  a
 5    population over 500,000; one representative of a municipality
 6    in   this   State   with   a  population  under  25,000;  one
 7    representative  of  a  municipality  in  this  State  with  a
 8    population  of  25,000  or  over  but   under   50,000;   one
 9    representative  of  a  municipality  in  this  State  with  a
10    population   of   50,000  or  over  but  under  500,000;  one
11    representative of  a  building  owner  or  manager;  and  one
12    representative   of   labor  involved  in  the  installation,
13    maintenance, and repair of elevators.
14        (b)  The  members  constituting  the   Board   shall   be
15    appointed for initial terms as follows:
16             (1)  Of  the members appointed by the Administrator,
17        2 shall serve for a term of 2 years, and one for  a  term
18        of 4 years.
19             (2)  Of  the  members  appointed  by the Governor, 2
20        shall serve for a term of one year,  2  for  terms  of  2
21        years,  2  for  terms  of  3  years, and 4 for terms of 4
22        years.
23        At the expiration of their initial terms of  office,  the
24    members or their successors shall be appointed for terms of 4
25    years  each.   Upon  the  expiration  of  a  member's term of
26    office, the officer who appointed that member shall reappoint
27    that member or appoint a successor who is a representative of
28    the same interests with which  his  or  her  predecessor  was
29    identified.  The  Administrator  and  the Governor may at any
30    time  remove  any  of   their   respective   appointees   for
31    inefficiency  or neglect of duty in office. Upon the death or
32    incapacity of a member, the officer who appointed that member
33    shall fill the vacancy for the remainder of the vacated  term
34    by  appointing  a  member who is a representative of the same
 
                            -299-    LRB093 05878 EFG 05971 b
 1    interests with which his or her predecessor  was  identified.
 2    The  members  shall  serve  without salary, but shall receive
 3    from the State  expenses  necessarily  incurred  by  them  in
 4    performance  of their duties.  The Governor shall appoint one
 5    of the members to  serve  as  chairperson.   The  chairperson
 6    shall be the deciding vote in the event of a tie vote.
 7    (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)

 8        Section  39.   The  Illinois  Public  Accounting  Act  is
 9    amended by changing Section 20.01 as follows:

10        (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
11        (Section scheduled to be repealed on January 1, 2014)
12        (Text of Section before amendment by P.A. 92-457)
13        Sec. 20.01.  Grounds for discipline.
14        (a)  The  Department may refuse to issue or renew, or may
15    revoke, suspend, or reprimand any license or licensee,  place
16    a  licensee  on probation for a period of time subject to any
17    conditions the Committee may specify including requiring  the
18    licensee  to  attend  continuing education courses or to work
19    under the supervision of another licensee, impose a fine  not
20    to  exceed $5,000 for each violation, restrict the authorized
21    scope of practice, or require a licensee to  undergo  a  peer
22    review program, for any one or more of the following:
23             (1)  Violation of any provision of this Act.
24             (2)  Attempting  to  procure  a  license to practice
25        public    accounting    by    bribery    or    fraudulent
26        misrepresentations.
27             (3)  Having a license to practice public  accounting
28        revoked, suspended, or otherwise acted against, including
29        the  denial  of  licensure, by the licensing authority of
30        another state, territory, or  country.   No  disciplinary
31        action  shall be taken in Illinois if the action taken in
32        another jurisdiction was based upon failure to  meet  the
 
                            -300-    LRB093 05878 EFG 05971 b
 1        continuing  professional  education  requirements of that
 2        jurisdiction  and  the  applicable  Illinois   continuing
 3        professional education requirements are met.
 4             (4)  Being  convicted or found guilty, regardless of
 5        adjudication,  of  a  crime  in  any  jurisdiction  which
 6        directly relates to the practice of public accounting  or
 7        the ability to practice public accounting.
 8             (5)  Making  or  filing a report or record which the
 9        registrant knows to be false, willfully failing to file a
10        report or  record  required  by  state  or  federal  law,
11        willfully impeding or obstructing the filing, or inducing
12        another  person  to  impede  or obstruct the filing.  The
13        reports or records shall  include  only  those  that  are
14        signed in the capacity of a public accountant.
15             (6)  Conviction  in  this  or  another  State or the
16        District of Columbia, or any United States Territory,  of
17        any  crime  that  is  punishable  by  one year or more in
18        prison or conviction of a crime in a federal  court  that
19        is punishable by one year or more in prison.
20             (7)  Proof  that  the licensee is guilty of fraud or
21        deceit,  or  of  gross   negligence,   incompetency,   or
22        misconduct, in the practice of public accounting.
23             (8)  Violation of any rule adopted under this Act.
24             (9)  Practicing on a revoked, suspended, or inactive
25        license.
26             (10)  Suspension  or  revocation  of  the  right  to
27        practice before any state or federal agency.
28             (11)  Conviction  of any crime under the laws of the
29        United States or any state or  territory  of  the  United
30        States that is a felony or misdemeanor and has dishonesty
31        as  essential  element,  or of any crime that is directly
32        related to the practice of the profession.
33             (12)  Making any misrepresentation for  the  purpose
34        of  obtaining  a  license,  or  material  misstatement in
 
                            -301-    LRB093 05878 EFG 05971 b
 1        furnishing information to the Department.
 2             (13)  Aiding  or   assisting   another   person   in
 3        violating  any provision of this Act or rules promulgated
 4        hereunder.
 5             (14)  Engaging  in   dishonorable,   unethical,   or
 6        unprofessional  conduct of a character likely to deceive,
 7        defraud, or harm the public and violating  the  rules  of
 8        professional conduct adopted by the Department.
 9             (15)  Habitual  or  excessive  use  or  addiction to
10        alcohol, narcotics, stimulants,  or  any  other  chemical
11        agent  or  drug that results in the inability to practice
12        with reasonable skill, judgment, or safety.
13             (16)  Directly or indirectly giving to or  receiving
14        from  any  person,  firm,  corporation,  partnership,  or
15        association any fee, commission, rebate, or other form of
16        compensation  for  any  professional service not actually
17        rendered.
18             (17)  Physical  or  mental   disability,   including
19        deterioration  through  the  aging  process  or  loss  of
20        abilities  and  skills  that  results in the inability to
21        practice the profession with reasonable  judgment,  skill
22        or safety.
23             (18)  Solicitation of professional services by using
24        false or misleading advertising.
25             (19)  Failure  to  file  a  return,  or pay the tax,
26        penalty or interest shown in a filed return,  or  to  pay
27        any  final  assessment  of  tax,  penalty or interest, as
28        required by any tax  Act  administered  by  the  Illinois
29        Department  of  Revenue  or  any  successor agency or the
30        Internal Revenue Service or any successor agency.
31             (20)  Practicing or attempting to practice  under  a
32        name  other than the full name as shown on the license or
33        any other legally authorized name.
34             (21)  A finding by the Department  that  a  licensee
 
                            -302-    LRB093 05878 EFG 05971 b
 1        has  not  complied  with  a provision of any lawful order
 2        issued by the Department.
 3             (22)  Making a false  statement  to  the  Department
 4        regarding   compliance   with   continuing   professional
 5        education requirements.
 6             (23)  Failing  to  make  a substantive response to a
 7        request for information by the Department within 30  days
 8        of the request.
 9        (b)  (Blank).
10        (c)  In  rendering an order, the Director shall take into
11    consideration the facts and circumstances involving the  type
12    of  acts  or  omissions  in subsection (a) including, but not
13    limited to:
14             (1)  the extent to which public  confidence  in  the
15        public accounting profession was, might have been, or may
16        be injured;
17             (2)  the  degree  of  trust and dependence among the
18        involved parties;
19             (3)  the  character  and  degree  of  financial   or
20        economic harm which did or might have resulted; and
21             (4)  the  intent  or  mental  state  of  the  person
22        charged at the time of the acts or omissions.
23        (d)  The   Department  shall  reissue  the  license  upon
24    certification by the Committee that the disciplined  licensee
25    has  complied with  all of the terms and conditions set forth
26    in the final order.
27        (e)  The Department shall  deny  any  application  for  a
28    license  or  renewal,  without hearing, to any person who has
29    defaulted on an educational loan guaranteed by  the  Illinois
30    Student  Assistance  Commission;  however, the Department may
31    issue a license or renewal  if  the  person  in  default  has
32    established  a satisfactory repayment record as determined by
33    the Illinois Student Assistance Commission.
34        (f)  The determination by a  court  that  a  licensee  is
 
                            -303-    LRB093 05878 EFG 05971 b
 1    subject  to  involuntary  admission  or judicial admission as
 2    provided in the Mental Health and Developmental  Disabilities
 3    Code  will  result  in the automatic suspension of his or her
 4    license.  The suspension will end upon a finding by  a  court
 5    that  the  licensee  is  no  longer  subject  to  involuntary
 6    admission  or judicial admission, the issuance of an order so
 7    finding and discharging the patient, and  the  recommendation
 8    of the Committee to the Director that the licensee be allowed
 9    to resume professional practice.
10    (Source: P.A. 90-655, eff. 7-30-98; revised 3-7-02.)

11        (Text of Section after amendment by P.A. 92-457)
12        Sec. 20.01.  Grounds for discipline; license.
13        (a)  The  Board  may  refuse  to  issue  or renew, or may
14    revoke, suspend, or reprimand any license or licensee,  place
15    a  licensee  on probation for a period of time subject to any
16    conditions the Board  may  specify  including  requiring  the
17    licensee  to  attend  continuing education courses or to work
18    under the supervision of another licensee, impose a fine  not
19    to  exceed $5,000 for each violation, restrict the authorized
20    scope of practice, or require a licensee to  undergo  a  peer
21    review program, for any one or more of the following:
22             (1)  Violation of any provision of this Act.
23             (2)  Attempting  to  procure  a  license to practice
24        public    accounting    by    bribery    or    fraudulent
25        misrepresentations.
26             (3)  Having a license to practice public  accounting
27        revoked, suspended, or otherwise acted against, including
28        the  denial  of  licensure, by the licensing authority of
29        another state, the District of Columbia,  or  any  United
30        States  territory.  No disciplinary action shall be taken
31        in Illinois if the action taken in  another  jurisdiction
32        was   based   upon   failure   to   meet  the  continuing
33        professional education requirements of that  jurisdiction
34        and   the  applicable  Illinois  continuing  professional
 
                            -304-    LRB093 05878 EFG 05971 b
 1        education requirements are met.
 2             (4)  Being convicted or found guilty, regardless  of
 3        adjudication,  of  a  crime  in  any  jurisdiction  which
 4        directly  relates to the practice of public accounting or
 5        the ability to practice public accounting.
 6             (5)  Making or filing a report or record  which  the
 7        registrant knows to be false, willfully failing to file a
 8        report  or  record  required  by  state  or  federal law,
 9        willfully impeding or obstructing the filing, or inducing
10        another person to impede or  obstruct  the  filing.   The
11        reports  or  records  shall  include  only those that are
12        signed in the capacity of  a  licensed  certified  public
13        accountant.
14             (6)  Conviction  in  this  or  another  State or the
15        District of Columbia, or any United States Territory,  of
16        any  crime  that  is  punishable  by  one year or more in
17        prison or conviction of a crime in a federal  court  that
18        is punishable by one year or more in prison.
19             (7)  Proof  that  the licensee is guilty of fraud or
20        deceit,  or  of  gross   negligence,   incompetency,   or
21        misconduct, in the practice of public accounting.
22             (8)  Violation of any rule adopted under this Act.
23             (9)  Practicing on a revoked, suspended, or inactive
24        license.
25             (10)  Suspension  or  revocation  of  the  right  to
26        practice before any state or federal agency.
27             (11)  Conviction  of any crime under the laws of the
28        United States or any state or  territory  of  the  United
29        States that is a felony or misdemeanor and has dishonesty
30        as an essential element, or of any crime that is directly
31        related to the practice of the profession.
32             (12)  Making  any  misrepresentation for the purpose
33        of obtaining  a  license,  or  material  misstatement  in
34        furnishing information to the Board.
 
                            -305-    LRB093 05878 EFG 05971 b
 1             (13)  Aiding   or   assisting   another   person  in
 2        violating any provision of this Act or rules  promulgated
 3        hereunder.
 4             (14)  Engaging   in   dishonorable,   unethical,  or
 5        unprofessional conduct of a character likely to  deceive,
 6        defraud,  or  harm  the public and violating the rules of
 7        professional conduct adopted by the Board.
 8             (15)  Habitual or  excessive  use  or  addiction  to
 9        alcohol,  narcotics,  stimulants,  or  any other chemical
10        agent or drug that results in the inability  to  practice
11        with reasonable skill, judgment, or safety.
12             (16)  Directly  or indirectly giving to or receiving
13        from  any  person,  firm,  corporation,  partnership,  or
14        association any fee, commission, rebate, or other form of
15        compensation for any professional  service  not  actually
16        rendered.
17             (17)  Physical   or   mental  disability,  including
18        deterioration  through  the  aging  process  or  loss  of
19        abilities and skills that results  in  the  inability  to
20        practice  the  profession with reasonable judgment, skill
21        or safety.
22             (18)  Solicitation of professional services by using
23        false or misleading advertising.
24             (19)  Failure to file a  return,  or  pay  the  tax,
25        penalty  or  interest  shown in a filed return, or to pay
26        any final assessment of  tax,  penalty  or  interest,  as
27        required  by  any  tax  Act  administered by the Illinois
28        Department of Revenue or  any  successor  agency  or  the
29        Internal Revenue Service or any successor agency.
30             (20)  Practicing  or  attempting to practice under a
31        name other than the full name as shown on the license  or
32        any other legally authorized name.
33             (21)  A finding by the Board that a licensee has not
34        complied  with  a provision of any lawful order issued by
 
                            -306-    LRB093 05878 EFG 05971 b
 1        the Board.
 2             (22)  Making  a  false  statement   to   the   Board
 3        regarding   compliance   with   continuing   professional
 4        education requirements.
 5             (23)  Failing  to  make  a substantive response to a
 6        request for information by the Board within  30  days  of
 7        the request.
 8        (b)  (Blank).
 9        (c)  In  rendering  an  order,  the Board shall take into
10    consideration the facts and circumstances involving the  type
11    of  acts  or  omissions  in subsection (a) including, but not
12    limited to:
13             (1)  the extent to which public  confidence  in  the
14        public accounting profession was, might have been, or may
15        be injured;
16             (2)  the  degree  of  trust and dependence among the
17        involved parties;
18             (3)  the  character  and  degree  of  financial   or
19        economic harm which did or might have resulted; and
20             (4)  the  intent  or  mental  state  of  the  person
21        charged at the time of the acts or omissions.
22        (d)  The  Board  shall reissue the license upon a showing
23    that the disciplined licensee has complied with  all  of  the
24    terms and conditions set forth in the final order.
25        (e)  The  Board  shall deny any application for a license
26    or renewal, without hearing, to any person who has  defaulted
27    on  an  educational  loan  guaranteed by the Illinois Student
28    Assistance Commission; however, the Board may issue a license
29    or renewal  if  the  person  in  default  has  established  a
30    satisfactory  repayment  record as determined by the Illinois
31    Student Assistance Commission.
32        (f)  The determination by a  court  that  a  licensee  is
33    subject  to  involuntary  admission  or judicial admission as
34    provided in the Mental Health and Developmental  Disabilities
 
                            -307-    LRB093 05878 EFG 05971 b
 1    Code  will  result  in the automatic suspension of his or her
 2    license.  The suspension will end upon a finding by  a  court
 3    that  the  licensee  is  no  longer  subject  to  involuntary
 4    admission  or judicial admission and the issuance of an order
 5    so finding and discharging the patient.
 6    (Source: P.A. 92-457, eff. 7-1-04; revised 3-7-02.)

 7        Section  40.   The  Illinois  Petroleum   Education   and
 8    Marketing Act is amended by changing Section 10 as follows:

 9        (225 ILCS 728/10)
10        (Section scheduled to be repealed on January 1, 2008)
11        Sec. 10.  Illinois Petroleum Resources Board.
12        (a)  There  is  hereby created until January 1, 2008, the
13    Illinois Petroleum Resources Board which shall be subject  to
14    the  provisions of the Regulatory Sunset Act.  The purpose of
15    the Board is to coordinate a program designed to  demonstrate
16    to  the  general  public  the  importance of the Illinois oil
17    exploration and production industry, to  encourage  the  wise
18    and efficient use of energy, to promote environmentally sound
19    production  methods  and  technologies,  to  develop existing
20    supplies of State oil resources, and to support research  and
21    educational  activities  concerning  the  oil exploration and
22    production industry.
23        (b)  The Board shall be composed  of  12  members  to  be
24    appointed   by   the   Governor.   The  Governor  shall  make
25    appointments from a list  of  names  submitted  by  qualified
26    producer  associations,  of  which  10  shall  be oil and gas
27    producers.
28        (c)  A member of the Board shall:
29             (1)  be at least 25 years of age;
30             (2)  be a resident of the State of Illinois; and
31             (3)  have at least 5 years of active  experience  in
32        the oil industry.
 
                            -308-    LRB093 05878 EFG 05971 b
 1        (d)  Members  shall  serve  for a term of 3 years, except
 2    that of the initial appointments, 4 members shall  serve  for
 3    one year, 4 members for 2 years, and 4 members for 3 years.
 4        (e)  Vacancies  shall be filled for the unexpired term of
 5    office in the same manner as the original appointment.
 6        (f)  The Board shall, at its first meeting, elect one  of
 7    its  members  as chairperson, who shall preside over meetings
 8    of the Board and perform other duties that may be required by
 9    the Board.  The first meeting of the Board shall be called by
10    the Governor.
11        (g)  No member of the Board shall  receive  a  salary  or
12    reimbursement  for duties performed as a member of the Board,
13    except that members are eligible to receive reimbursement for
14    travel expenses incurred in the performance of Board duties.
15    (Source: P.A. 92-610,  eff.  7-1-02;  92-651,  eff.  7-11-02;
16    revised 8-12-02.)

17        Section 41.  The Liquor Control Act of 1934 is amended by
18    changing Sections 6-11 and 6-15 as follows:

19        (235 ILCS 5/6-11) (from Ch. 43, par. 127)
20        Sec. 6-11.  Sale near churches, schools, and hospitals.
21        (a)  No license shall be issued for the sale at retail of
22    any  alcoholic  liquor  within 100 feet of any church, school
23    other than an institution of higher learning, hospital,  home
24    for  aged  or indigent persons or for veterans, their spouses
25    or children or any military or naval station, provided,  that
26    this   prohibition   shall   not  apply  to  hotels  offering
27    restaurant  service,  regularly  organized   clubs,   or   to
28    restaurants,  food  shops  or  other  places  where  sale  of
29    alcoholic liquors is not the principal business carried on if
30    the  place  of  business  so  exempted  is  not  located in a
31    municipality of more than 500,000 persons, unless required by
32    local ordinance; nor to the renewal of a license for the sale
 
                            -309-    LRB093 05878 EFG 05971 b
 1    at retail of alcoholic liquor on premises within 100 feet  of
 2    any  church  or  school  where  the church or school has been
 3    established within such 100 feet since the  issuance  of  the
 4    original  license.   In the case of a church, the distance of
 5    100 feet shall  be  measured  to  the  nearest  part  of  any
 6    building  used  for  worship services or educational programs
 7    and not to property boundaries.
 8        (b)  Nothing in this Section shall prohibit the  issuance
 9    of  a retail license authorizing the sale of alcoholic liquor
10    to a restaurant, the primary business of which is the sale of
11    goods baked on the premises if (i) the  restaurant  is  newly
12    constructed  and  located  on  a  lot of not less than 10,000
13    square feet, (ii) the restaurant costs at least $1,000,000 to
14    construct, (iii) the  licensee  is  the  titleholder  to  the
15    premises   and   resides   on  the  premises,  and  (iv)  the
16    construction of the restaurant is completed within 18  months
17    of the effective date of this amendatory Act of 1998.
18        (c)  Nothing  in this Section shall prohibit the issuance
19    of a retail license authorizing the sale of alcoholic  liquor
20    incidental to a restaurant if (1) the primary business of the
21    restaurant  consists  of  the  sale of food where the sale of
22    liquor is incidental to the sale of food and the applicant is
23    a completely new owner of the restaurant, (2) the immediately
24    prior owner or operator of the premises where the  restaurant
25    is  located  operated the premises as a restaurant and held a
26    valid retail license authorizing the sale of alcoholic liquor
27    at the restaurant for at least part of the 24  months  before
28    the change of ownership, and (3) the restaurant is located 75
29    or more feet from a school.
30        (d)  In  the  interest  of  further  developing Illinois'
31    economy in the area of  commerce,  tourism,  convention,  and
32    banquet  business,  nothing  in  this  Section shall prohibit
33    issuance  of  a  retail  license  authorizing  the  sale   of
34    alcoholic   beverages  to  a  restaurant,  banquet  facility,
 
                            -310-    LRB093 05878 EFG 05971 b
 1    grocery store, or hotel having not fewer than 150 guest  room
 2    accommodations located in a municipality of more than 500,000
 3    persons,   notwithstanding   the  proximity  of  such  hotel,
 4    restaurant, banquet facility, or grocery store to any  church
 5    or  school, if the licensed premises described on the license
 6    are located within an enclosed mall or building of  a  height
 7    of  at  least 6 stories, or 60 feet in the case of a building
 8    that has been registered as a  national  landmark,  or  in  a
 9    grocery store having a minimum of 56,010 square feet of floor
10    space  in a single story building in an open mall of at least
11    3.96 acres that is adjacent to a public school that opened as
12    a boys technical high school in 1934, and in  each  of  these
13    cases  if  the sale of alcoholic liquors is not the principal
14    business carried on by the licensee.
15        For purposes of this Section, a "banquet facility" is any
16    part of a building that caters to private parties  and  where
17    the sale of alcoholic liquors is not the principal business.
18        (e)  Nothing  in this Section shall prohibit the issuance
19    of a license to a church or private school to sell at  retail
20    alcoholic  liquor  if  any  such sales are limited to periods
21    when groups are assembled on  the  premises  solely  for  the
22    promotion  of  some  common  object  other  than  the sale or
23    consumption of alcoholic liquors.
24        (f)  Nothing in this Section shall prohibit a  church  or
25    church  affiliated school located in a home rule municipality
26    or in a municipality with 75,000  or  more  inhabitants  from
27    locating  within  100 feet of a property for which there is a
28    preexisting license to sell alcoholic liquor at  retail.   In
29    these instances, the local zoning authority may, by ordinance
30    adopted  simultaneously  with  the  granting  of  an  initial
31    special use zoning permit for the church or church affiliated
32    school, provide that the 100-foot restriction in this Section
33    shall  not  apply  to that church or church affiliated school
34    and future retail liquor licenses.
 
                            -311-    LRB093 05878 EFG 05971 b
 1        (g)  Nothing in this Section shall prohibit the  issuance
 2    of  a retail license authorizing the sale of alcoholic liquor
 3    at premises within 100 feet, but not less than 90 feet, of  a
 4    public  school  if  (1)  the  premises have been continuously
 5    licensed to sell alcoholic liquor for a period of at least 50
 6    years, (2) the premises are located in a municipality  having
 7    a population of over 500,000 inhabitants, (3) the licensee is
 8    an  individual  who is a member of a family that has held the
 9    previous 3 licenses for that location for more than 25 years,
10    (4) the principal of the school and the alderman of the  ward
11    in  which  the  school  is  located  have delivered a written
12    statement to the local liquor  control  commissioner  stating
13    that  they  do  not object to the issuance of a license under
14    this  subsection  (g),  and  (5)  the  local  liquor  control
15    commissioner has received the written consent of  a  majority
16    of  the  registered  voters  who  live within 200 feet of the
17    premises.
18    (Source: P.A. 91-357,  eff.  7-29-99;  91-623,  eff.  1-1-00;
19    92-720, eff. 7-25-02; 92-813, eff. 8-21-02; revised 9-18-02.)

20        (235 ILCS 5/6-15) (from Ch. 43, par. 130)
21        Sec.   6-15.  No  alcoholic  liquors  shall  be  sold  or
22    delivered in any building belonging to or under  the  control
23    of  the  State or any political subdivision thereof except as
24    provided in this Act.  The corporate authorities of any city,
25    village,  incorporated  town  or  township  may  provide   by
26    ordinance,  however,  that  alcoholic  liquor  may be sold or
27    delivered in any specifically designated  building  belonging
28    to  or  under the control of the municipality or township, or
29    in any building located on land  under  the  control  of  the
30    municipality;  provided  that such township complies with all
31    applicable local ordinances in any incorporated area  of  the
32    township.  Alcoholic  liquors may be delivered to and sold at
33    any  airport  belonging  to  or  under  the  control   of   a
 
                            -312-    LRB093 05878 EFG 05971 b
 1    municipality  of  more  than  25,000  inhabitants,  or in any
 2    building or on any golf  course  owned  by  a  park  district
 3    organized  under  the  Park  District  Code,  subject  to the
 4    approval of the governing board of the district,  or  in  any
 5    building  or  on  any  golf course owned by a forest preserve
 6    district  organized  under  the  Downstate  Forest   Preserve
 7    District  Act, subject to the approval of the governing board
 8    of the district, or on the grounds within  500  feet  of  any
 9    building  owned by a forest preserve district organized under
10    the Downstate Forest Preserve District Act during times  when
11    food  is  dispensed  for  consumption  within 500 feet of the
12    building from which the food is  dispensed,  subject  to  the
13    approval  of  the  governing  board  of the district, or in a
14    building owned by a Local  Mass  Transit  District  organized
15    under  the  Local  Mass  Transit District Act, subject to the
16    approval of the  governing  Board  of  the  District,  or  in
17    Bicentennial  Park, or on the premises of the City of Mendota
18    Lake Park located adjacent to Route 51 in Mendota,  Illinois,
19    or  on  the premises of Camden Park in Milan, Illinois, or in
20    the community center owned by the City of Loves Park that  is
21    located at 1000 River Park Drive in Loves Park, Illinois, or,
22    in  connection  with  the  operation  of  an established food
23    serving facility during times  when  food  is  dispensed  for
24    consumption  on  the  premises, and at the following aquarium
25    and  museums  located  in  public  parks:  Art  Institute  of
26    Chicago, Chicago  Academy  of  Sciences,  Chicago  Historical
27    Society,  Field  Museum of Natural History, Museum of Science
28    and Industry, DuSable Museum  of  African  American  History,
29    John  G. Shedd Aquarium and Adler Planetarium, or at Lakeview
30    Museum of Arts and Sciences in Peoria, or in connection  with
31    the  operation  of  the  facilities of the Chicago Zoological
32    Society or the Chicago Horticultural Society on land owned by
33    the Forest Preserve District of Cook County, or on  any  land
34    used  for a golf course or for recreational purposes owned by
 
                            -313-    LRB093 05878 EFG 05971 b
 1    the Forest Preserve District of Cook County, subject  to  the
 2    control   of   the   Forest   Preserve   District   Board  of
 3    Commissioners and applicable local law,  provided  that  dram
 4    shop  liability  insurance  is  provided  at maximum coverage
 5    limits so as to hold the District harmless from all financial
 6    loss, damage, and harm, or in any building  located  on  land
 7    owned  by  the  Chicago Park District if approved by the Park
 8    District Commissioners, or on any land used for a golf course
 9    or for  recreational  purposes  and  owned  by  the  Illinois
10    International  Port  District  if  approved by the District's
11    governing board, or at  any  airport,  golf  course,  faculty
12    center,  or  facility in which conference and convention type
13    activities take place belonging to or under  control  of  any
14    State   university  or  public  community  college  district,
15    provided that with respect to a facility for  conference  and
16    convention type activities alcoholic liquors shall be limited
17    to  the  use  of the convention or conference participants or
18    participants in cultural, political or educational activities
19    held in  such  facilities,  and  provided  further  that  the
20    faculty  or  staff  of  the  State  university  or  a  public
21    community  college district, or members of an organization of
22    students, alumni, faculty or staff of the State university or
23    a public community college district are  active  participants
24    in  the  conference  or convention, or in Memorial Stadium on
25    the campus of the University of Illinois at  Urbana-Champaign
26    during games in which the Chicago Bears professional football
27    team  is  playing  in  that  stadium during the renovation of
28    Soldier Field, not more than one and a half hours before  the
29    start  of the game and not after the end of the third quarter
30    of the game, or by a catering establishment which has  rented
31    facilities  from  a  board  of trustees of a public community
32    college district, or, if approved by the District  board,  on
33    land  owned  by the Metropolitan Sanitary District of Greater
34    Chicago and leased to others for a term of at least 20 years.
 
                            -314-    LRB093 05878 EFG 05971 b
 1    Nothing in this Section precludes the  sale  or  delivery  of
 2    alcoholic  liquor  in  the form of original packaged goods in
 3    premises located at 500 S. Racine in Chicago belonging to the
 4    University of Illinois and used primarily as a grocery  store
 5    by  a  commercial  tenant  during  the  term  of a lease that
 6    predates the University's acquisition of  the  premises;  but
 7    the  University  shall  have  no power or authority to renew,
 8    transfer, or extend the lease with terms allowing the sale of
 9    alcoholic liquor; and the sale of alcoholic liquor  shall  be
10    subject  to  all  local  laws  and  regulations.    After the
11    acquisition by Winnebago County of the  property  located  at
12    404  Elm  Street  in  Rockford,  a commercial tenant who sold
13    alcoholic liquor at retail on a portion of the property under
14    a valid license at the time of the acquisition  may  continue
15    to  do  so for so long as the tenant and the County may agree
16    under existing or future leases, subject to  all  local  laws
17    and regulations regarding the sale of alcoholic liquor.  Each
18    facility   shall  provide  dram  shop  liability  in  maximum
19    insurance coverage limits so as to save harmless  the  State,
20    municipality, State university, airport, golf course, faculty
21    center,  facility  in  which  conference  and convention type
22    activities  take  place,  park  district,   Forest   Preserve
23    District,   public   community  college  district,  aquarium,
24    museum, or sanitary district from all financial loss,  damage
25    or harm. Alcoholic liquors may be sold at retail in buildings
26    of  golf  courses  owned by municipalities in connection with
27    the operation of an established food serving facility  during
28    times  when  food  is  dispensed  for  consumption  upon  the
29    premises.  Alcoholic  liquors may be delivered to and sold at
30    retail in any building owned by a  fire  protection  district
31    organized  under  the  Fire Protection District Act, provided
32    that such delivery and sale  is  approved  by  the  board  of
33    trustees  of  the  district,  and  provided further that such
34    delivery and sale is limited to fundraising events and  to  a
 
                            -315-    LRB093 05878 EFG 05971 b
 1    maximum of 6 events per year.
 2        Alcoholic  liquor  may be delivered to and sold at retail
 3    in the Dorchester Senior Business Center owned by the Village
 4    of Dolton if the alcoholic liquor is sold or  dispensed  only
 5    in  connection with organized functions for which the planned
 6    attendance is 20 or  more  persons,  and  if  the  person  or
 7    facility  selling  or  dispensing  the  alcoholic  liquor has
 8    provided dram shop liability insurance in maximum  limits  so
 9    as  to hold harmless the Village of Dolton and the State from
10    all financial loss, damage and harm.
11        Alcoholic liquors may be delivered to and sold at  retail
12    in any building used as an Illinois State Armory provided:
13             (i)  the  Adjutant  General's written consent to the
14        issuance of a license to sell alcoholic  liquor  in  such
15        building is filed with the Commission;
16             (ii)  the alcoholic liquor is sold or dispensed only
17        in  connection  with  organized functions held on special
18        occasions;
19             (iii)  the organized function is one for  which  the
20        planned attendance is 25 or more persons; and
21             (iv)  the   facility   selling   or  dispensing  the
22        alcoholic  liquors  has  provided  dram  shop   liability
23        insurance  in  maximum  limits so as to save harmless the
24        facility and the State from all financial loss, damage or
25        harm.
26        Alcoholic liquors may be delivered to and sold at  retail
27    in the Chicago Civic Center, provided that:
28             (i)  the  written  consent  of  the  Public Building
29        Commission which administers the Chicago Civic Center  is
30        filed with the Commission;
31             (ii)  the alcoholic liquor is sold or dispensed only
32        in  connection  with  organized functions held on special
33        occasions;
34             (iii)  the organized function is one for  which  the
 
                            -316-    LRB093 05878 EFG 05971 b
 1        planned attendance is 25 or more persons;
 2             (iv)  the   facility   selling   or  dispensing  the
 3        alcoholic  liquors  has  provided  dram  shop   liability
 4        insurance  in  maximum  limits so as to hold harmless the
 5        Civic Center, the City of Chicago and the State from  all
 6        financial loss, damage or harm; and
 7             (v)  all  applicable  local  ordinances are complied
 8        with.
 9        Alcoholic  liquors  may  be  delivered  or  sold  in  any
10    building belonging to or  under  the  control  of  any  city,
11    village  or  incorporated  town  where  more  than 75% of the
12    physical properties of the building is used for commercial or
13    recreational purposes, and the building  is  located  upon  a
14    pier extending into or over the waters of a navigable lake or
15    stream  or  on  the  shore  of  a  navigable  lake or stream.
16    Alcoholic liquor may be sold in buildings under  the  control
17    of  the  Department of Natural Resources when written consent
18    to the issuance of a license to sell alcoholic liquor in such
19    buildings is filed with the Commission by the  Department  of
20    Natural  Resources.  Notwithstanding  any  other provision of
21    this Act, alcoholic liquor sold by a United States Army Corps
22    of   Engineers   or   Department   of    Natural    Resources
23    concessionaire   who  was  operating  on  June  1,  1991  for
24    on-premises consumption only is not subject to the provisions
25    of Articles IV and IX. Beer and  wine  may  be  sold  on  the
26    premises  of  the  Joliet  Park District Stadium owned by the
27    Joliet Park District when written consent to the issuance  of
28    a  license  to  sell  beer and wine in such premises is filed
29    with  the  local  liquor  commissioner  by  the  Joliet  Park
30    District. Beer and wine may  be  sold  in  buildings  on  the
31    grounds  of State veterans' homes when written consent to the
32    issuance of a license to sell beer and wine in such buildings
33    is filed with the Commission by the Department  of  Veterans'
34    Affairs,  and  the facility shall provide dram shop liability
 
                            -317-    LRB093 05878 EFG 05971 b
 1    in maximum insurance  coverage  limits  so  as  to  save  the
 2    facility  harmless  from  all financial loss, damage or harm.
 3    Such liquors may be delivered to and  sold  at  any  property
 4    owned  or  held  under  lease  by  a  Metropolitan  Pier  and
 5    Exposition   Authority   or   Metropolitan   Exposition   and
 6    Auditorium Authority.
 7        Beer  and  wine may be sold and dispensed at professional
 8    sporting  events  and  at  professional  concerts  and  other
 9    entertainment events  conducted  on  premises  owned  by  the
10    Forest  Preserve  District  of  Kane  County,  subject to the
11    control of the District Commissioners  and  applicable  local
12    law,  provided that dram shop liability insurance is provided
13    at maximum  coverage  limits  so  as  to  hold  the  District
14    harmless from all financial loss, damage and harm.
15        Nothing  in  this  Section  shall  preclude  the  sale or
16    delivery of beer and wine at a State or county  fair  or  the
17    sale  or  delivery  of  beer  or  wine  at a city fair in any
18    otherwise lawful manner.
19        Alcoholic liquors may be sold at retail in  buildings  in
20    State  parks  under  the control of the Department of Natural
21    Resources, provided:
22             a.  the State park has overnight lodging  facilities
23        with  some restaurant facilities or, not having overnight
24        lodging facilities, has restaurant facilities which serve
25        complete luncheon and dinner or supper meals,
26             b.  consent to the issuance of  a  license  to  sell
27        alcoholic  liquors  in  the buildings has been filed with
28        the commission by the Department  of  Natural  Resources,
29        and
30             c.  the alcoholic liquors are sold by the State park
31        lodge  or restaurant concessionaire only during the hours
32        from  11  o'clock  a.m.  until   12   o'clock   midnight.
33        Notwithstanding   any   other   provision  of  this  Act,
34        alcoholic liquor sold by the  State  park  or  restaurant
 
                            -318-    LRB093 05878 EFG 05971 b
 1        concessionaire  is  not  subject  to  the  provisions  of
 2        Articles IV and IX.
 3        Alcoholic  liquors  may be sold at retail in buildings on
 4    properties under  the  control  of  the  Historic  Sites  and
 5    Preservation  Division of the Historic Preservation Agency or
 6    the Abraham Lincoln Presidential Library and Museum provided:
 7             a.  the property has  overnight  lodging  facilities
 8        with  some restaurant facilities or, not having overnight
 9        lodging facilities, has restaurant facilities which serve
10        complete luncheon and dinner or supper meals,
11             b.  consent to the issuance of  a  license  to  sell
12        alcoholic  liquors  in  the buildings has been filed with
13        the commission by the  Historic  Sites  and  Preservation
14        Division  of  the  Historic  Preservation  Agency  or the
15        Abraham Lincoln Presidential Library and Museum, and
16             c.  the alcoholic liquors are sold by the  lodge  or
17        restaurant  concessionaire  only during the hours from 11
18        o'clock a.m. until 12 o'clock midnight.
19        The sale of alcoholic liquors pursuant  to  this  Section
20    does   not  authorize  the  establishment  and  operation  of
21    facilities commonly called taverns, saloons,  bars,  cocktail
22    lounges,  and  the  like  except  as  a  part  of  lodge  and
23    restaurant facilities in State parks or golf courses owned by
24    Forest  Preserve  Districts  with  a  population of less than
25    3,000,000 or municipalities or park districts.
26        Alcoholic  liquors  may  be  sold  at   retail   in   the
27    Springfield  Administration  Building  of  the  Department of
28    Transportation and the Illinois State Armory in  Springfield;
29    provided,  that  the  controlling  government  authority  may
30    consent to such sales only if
31             a.  the    request    is   from   a   not-for-profit
32        organization;
33             b.  such sales would not impede normal operations of
34        the departments involved;
 
                            -319-    LRB093 05878 EFG 05971 b
 1             c.  the not-for-profit  organization  provides  dram
 2        shop  liability  in maximum insurance coverage limits and
 3        agrees to defend, save harmless and indemnify  the  State
 4        of Illinois from all financial loss, damage or harm;
 5             d.  no such sale shall be made during normal working
 6        hours of the State of Illinois; and
 7             e.  the consent is in writing.
 8        Alcoholic  liquors  may be sold at retail in buildings in
 9    recreational areas of river conservancy districts  under  the
10    control  of, or leased from, the river conservancy districts.
11    Such sales are subject to  reasonable  local  regulations  as
12    provided  in  Article  IV;  however,  no such regulations may
13    prohibit  or  substantially  impair  the  sale  of  alcoholic
14    liquors on Sundays or Holidays.
15        Alcoholic liquors may  be  provided  in  long  term  care
16    facilities  owned or operated by a county under Division 5-21
17    or 5-22 of the Counties Code, when approved by  the  facility
18    operator  and  not  in  conflict  with the regulations of the
19    Illinois Department of Public Health,  to  residents  of  the
20    facility  who  have  had  their  consumption of the alcoholic
21    liquors provided approved in writing by a physician  licensed
22    to practice medicine in all its branches.
23        Alcoholic  liquors  may  be delivered to and dispensed in
24    State housing assigned to  employees  of  the  Department  of
25    Corrections. No person shall furnish or allow to be furnished
26    any  alcoholic  liquors to any prisoner confined in any jail,
27    reformatory, prison or house  of  correction  except  upon  a
28    physician's prescription for medicinal purposes.
29        Alcoholic  liquors  may be sold at retail or dispensed at
30    the Willard Ice Building in Springfield, at the State Library
31    in Springfield, and at Illinois State  Museum  facilities  by
32    (1)  an agency of the State, whether legislative, judicial or
33    executive, provided that such agency  first  obtains  written
34    permission  to  sell  or  dispense alcoholic liquors from the
 
                            -320-    LRB093 05878 EFG 05971 b
 1    controlling government authority, or by (2) a  not-for-profit
 2    organization, provided that such organization:
 3             a.  Obtains  written  consent  from  the controlling
 4        government authority;
 5             b.  Sells or dispenses the alcoholic  liquors  in  a
 6        manner  that  does  not impair normal operations of State
 7        offices located in the building;
 8             c.  Sells or dispenses  alcoholic  liquors  only  in
 9        connection with an official activity in the building;
10             d.  Provides, or its catering service provides, dram
11        shop  liability  insurance in maximum coverage limits and
12        in which the carrier agrees to defend, save harmless  and
13        indemnify  the State of Illinois from all financial loss,
14        damage or harm arising out of the selling  or  dispensing
15        of alcoholic liquors.
16        Nothing  in  this  Act  shall  prevent  a  not-for-profit
17    organization  or  agency  of  the  State  from  employing the
18    services of a  catering  establishment  for  the  selling  or
19    dispensing of alcoholic liquors at authorized functions.
20        The  controlling government authority for the Willard Ice
21    Building  in  Springfield  shall  be  the  Director  of   the
22    Department  of Revenue.  The controlling government authority
23    for Illinois State Museum facilities shall be the Director of
24    the  Illinois  State  Museum.   The  controlling   government
25    authority  for  the State Library in Springfield shall be the
26    Secretary of State.
27        Alcoholic liquors may be delivered to and sold at  retail
28    or  dispensed at any facility, property or building under the
29    jurisdiction of the Historic Sites and Preservation  Division
30    of  the  Historic  Preservation Agency or the Abraham Lincoln
31    Presidential Library and Museum where the delivery,  sale  or
32    dispensing  is  by  (1)  an  agency  of  the  State,  whether
33    legislative, judicial or executive, provided that such agency
34    first   obtains   written  permission  to  sell  or  dispense
 
                            -321-    LRB093 05878 EFG 05971 b
 1    alcoholic liquors from a controlling government authority, or
 2    by (2)  a  not-for-profit  organization  provided  that  such
 3    organization:
 4             a.  Obtains  written  consent  from  the controlling
 5        government authority;
 6             b.  Sells or dispenses the alcoholic  liquors  in  a
 7        manner  that  does  not  impair  normal workings of State
 8        offices or operations located at the  facility,  property
 9        or building;
10             c.  Sells  or  dispenses  alcoholic  liquors only in
11        connection   with   an   official   activity    of    the
12        not-for-profit  organization in the facility, property or
13        building;
14             d.  Provides, or its catering service provides, dram
15        shop liability insurance in maximum coverage  limits  and
16        in  which the carrier agrees to defend, save harmless and
17        indemnify the State of Illinois from all financial  loss,
18        damage  or  harm arising out of the selling or dispensing
19        of alcoholic liquors.
20        The controlling government  authority  for  the  Historic
21    Sites  and Preservation Division of the Historic Preservation
22    Agency shall be  the  Director  of  the  Historic  Sites  and
23    Preservation,  and  the  controlling government authority for
24    the Abraham Lincoln Presidential Library and Museum shall  be
25    the  Director of the Abraham Lincoln Presidential Library and
26    Museum.
27        Alcoholic liquors may be sold at retail or  dispensed  at
28    the James R. Thompson Center in Chicago and 222 South College
29    Street in Springfield, Illinois by (1) a commercial tenant or
30    subtenant  conducting  business on the premises under a lease
31    made pursuant to Section 405-315 of the Department of Central
32    Management Services Law (20 ILCS 405/405-315), provided  that
33    such  tenant  or  subtenant  who sells or dispenses alcoholic
34    liquors  shall  procure  and  maintain  dram  shop  liability
 
                            -322-    LRB093 05878 EFG 05971 b
 1    insurance in maximum coverage limits and in which the carrier
 2    agrees to defend, indemnify and save harmless  the  State  of
 3    Illinois  from all financial loss, damage or harm arising out
 4    of the sale or dispensing of alcoholic liquors, or by (2)  an
 5    agency   of  the  State,  whether  legislative,  judicial  or
 6    executive, provided that such agency  first  obtains  written
 7    permission  to  sell  or  dispense alcoholic liquors from the
 8    Director  of  Central  Management  Services,  or  by  (3)   a
 9    not-for-profit organization, provided that such organization:
10             a.  Obtains  written  consent from the Department of
11        Central Management Services;
12             b.  Sells or dispenses the alcoholic  liquors  in  a
13        manner  that  does  not impair normal operations of State
14        offices located in the building;
15             c.  Sells or dispenses  alcoholic  liquors  only  in
16        connection with an official activity in the building;
17             d.  Provides, or its catering service provides, dram
18        shop  liability  insurance in maximum coverage limits and
19        in which the carrier agrees to defend, save harmless  and
20        indemnify  the State of Illinois from all financial loss,
21        damage or harm arising out of the selling  or  dispensing
22        of alcoholic liquors.
23        Nothing  in  this  Act  shall  prevent  a  not-for-profit
24    organization  or  agency  of  the  State  from  employing the
25    services of a  catering  establishment  for  the  selling  or
26    dispensing  of  alcoholic  liquors at functions authorized by
27    the Director of Central Management Services.
28        Alcoholic  liquors  may  be  sold  or  delivered  at  any
29    facility owned by the Illinois  Sports  Facilities  Authority
30    provided  that  dram  shop  liability insurance has been made
31    available in a form, with such coverage and in  such  amounts
32    as the Authority reasonably determines is necessary.
33        Alcoholic  liquors  may be sold at retail or dispensed at
34    the Rockford State Office Building by (1) an  agency  of  the
 
                            -323-    LRB093 05878 EFG 05971 b
 1    State,  whether  legislative, judicial or executive, provided
 2    that such agency first obtains written permission to sell  or
 3    dispense  alcoholic  liquors  from  the Department of Central
 4    Management Services, or by (2) a not-for-profit organization,
 5    provided that such organization:
 6             a.  Obtains written consent from the  Department  of
 7        Central Management Services;
 8             b.  Sells  or  dispenses  the alcoholic liquors in a
 9        manner that does not impair normal  operations  of  State
10        offices located in the building;
11             c.  Sells  or  dispenses  alcoholic  liquors only in
12        connection with an official activity in the building;
13             d.  Provides, or its catering service provides, dram
14        shop liability insurance in maximum coverage  limits  and
15        in  which the carrier agrees to defend, save harmless and
16        indemnify the State of Illinois from all financial  loss,
17        damage  or  harm arising out of the selling or dispensing
18        of alcoholic liquors.
19        Nothing  in  this  Act  shall  prevent  a  not-for-profit
20    organization or  agency  of  the  State  from  employing  the
21    services  of  a  catering  establishment  for  the selling or
22    dispensing of alcoholic liquors at  functions  authorized  by
23    the Department of Central Management Services.
24        Alcoholic  liquors may be sold or delivered in a building
25    that is owned by McLean County, situated on land owned by the
26    county in the City of Bloomington, and  used  by  the  McLean
27    County Historical Society if the sale or delivery is approved
28    by  an  ordinance  adopted  by  the  county  board,  and  the
29    municipality  in  which  the  building  is  located  may  not
30    prohibit  that  sale  or  delivery, notwithstanding any other
31    provision of this Section.  The regulation of  the  sale  and
32    delivery  of  alcoholic liquor in a building that is owned by
33    McLean County, situated on land owned by the county, and used
34    by the McLean County Historical Society as provided  in  this
 
                            -324-    LRB093 05878 EFG 05971 b
 1    paragraph is an exclusive power and function of the State and
 2    is  a  denial  and  limitation  under Article VII, Section 6,
 3    subsection (h) of the Illinois Constitution of the power of a
 4    home rule municipality to regulate that sale and delivery.
 5        Alcoholic  liquors  may  be  sold  or  delivered  in  any
 6    building situated on  land  held  in  trust  for  any  school
 7    district  organized  under  Article 34 of the School Code, if
 8    the building is not used for school purposes and if the  sale
 9    or delivery is approved by the board of education.
10        Alcoholic  liquors  may be sold or delivered in buildings
11    owned by the Community Building Complex  Committee  of  Boone
12    County,  Illinois  if  the  person  or  facility  selling  or
13    dispensing  the  alcoholic  liquor  has  provided  dram  shop
14    liability  insurance  with  coverage  and in amounts that the
15    Committee reasonably determines are necessary.
16        Alcoholic  liquors  may  be  sold  or  delivered  in  the
17    building located at 1200 Centerville  Avenue  in  Belleville,
18    Illinois  and  occupied by either the Belleville Area Special
19    Education District or the Belleville  Area  Special  Services
20    Cooperative.
21    (Source:   P.A.  91-239,  eff.  1-1-00;  91-922, eff. 7-7-00;
22    92-512, eff.  1-1-02;  92-583,  eff.  6-26-02;  92-600,  eff.
23    7-1-02; revised 9-3-02.)

24        Section  42.   The Illinois Public Aid Code is amended by
25    changing Sections 5-5.4, 5-5.12, 10-8.1,  10-10,  10-11,  and
26    12-13.05 as follows:

27        (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
28        Sec.  5-5.4.  Standards of Payment - Department of Public
29    Aid.  The Department of Public Aid shall develop standards of
30    payment of skilled nursing and intermediate care services  in
31    facilities providing such services under this Article which:
32        (1)  Provide   for  the  determination  of  a  facility's
 
                            -325-    LRB093 05878 EFG 05971 b
 1    payment for skilled nursing and intermediate care services on
 2    a prospective basis.  The amount of the payment rate for  all
 3    nursing  facilities  certified  under  the medical assistance
 4    program shall be prospectively established  annually  on  the
 5    basis   of   historical,   financial,  and  statistical  data
 6    reflecting actual costs from  prior  years,  which  shall  be
 7    applied  to  the current rate year and updated for inflation,
 8    except that the capital cost element  for  newly  constructed
 9    facilities  shall  be  based  upon  projected  budgets.   The
10    annually established payment rate shall take effect on July 1
11    in 1984 and subsequent years.  No rate increase and no update
12    for  inflation shall be provided on or after July 1, 1994 and
13    before July 1, 2003, unless specifically provided for in this
14    Section.
15        For facilities  licensed  by  the  Department  of  Public
16    Health  under  the Nursing Home Care Act as Intermediate Care
17    for the Developmentally Disabled facilities or Long Term Care
18    for Under Age 22 facilities, the rates taking effect on  July
19    1,  1998  shall  include  an  increase of 3%.  For facilities
20    licensed by the Department of Public Health under the Nursing
21    Home Care Act as Skilled Nursing facilities  or  Intermediate
22    Care  facilities,  the  rates  taking  effect on July 1, 1998
23    shall include an increase of 3% plus $1.10 per  resident-day,
24    as defined by the Department.
25        For  facilities  licensed  by  the  Department  of Public
26    Health under the Nursing Home Care Act as  Intermediate  Care
27    for the Developmentally Disabled facilities or Long Term Care
28    for  Under Age 22 facilities, the rates taking effect on July
29    1, 1999 shall include an increase  of  1.6%  plus  $3.00  per
30    resident-day,  as  defined by the Department.  For facilities
31    licensed by the Department of Public Health under the Nursing
32    Home Care Act as Skilled Nursing facilities  or  Intermediate
33    Care  facilities,  the  rates  taking  effect on July 1, 1999
34    shall include an increase of 1.6% and, for services  provided
 
                            -326-    LRB093 05878 EFG 05971 b
 1    on  or after October 1, 1999, shall be increased by $4.00 per
 2    resident-day, as defined by the Department.
 3        For facilities  licensed  by  the  Department  of  Public
 4    Health  under  the Nursing Home Care Act as Intermediate Care
 5    for the Developmentally Disabled facilities or Long Term Care
 6    for Under Age 22 facilities, the rates taking effect on  July
 7    1,  2000  shall include an increase of 2.5% per resident-day,
 8    as defined by the Department.  For facilities licensed by the
 9    Department of Public Health under the Nursing Home  Care  Act
10    as   Skilled   Nursing   facilities   or   Intermediate  Care
11    facilities, the rates taking effect on  July  1,  2000  shall
12    include  an  increase of 2.5% per resident-day, as defined by
13    the Department.
14        For facilities  licensed  by  the  Department  of  Public
15    Health  under  the  Nursing  Home Care Act as skilled nursing
16    facilities or intermediate care  facilities,  a  new  payment
17    methodology  must be implemented for the nursing component of
18    the rate effective July 1, 2003. The Department of Public Aid
19    shall develop the new payment methodology using  the  Minimum
20    Data  Set  (MDS)  as  the  instrument  to collect information
21    concerning  nursing  home  resident  condition  necessary  to
22    compute the rate. The Department of Public Aid shall  develop
23    the  new  payment  methodology  to  meet  the unique needs of
24    Illinois nursing home residents while  remaining  subject  to
25    the  appropriations  provided  by  the  General  Assembly.  A
26    transition  period  from the payment methodology in effect on
27    June 30, 2003 to the payment methodology in effect on July 1,
28    2003 shall be provided for a period  not  exceeding  2  years
29    after  implementation  of  the  new  payment  methodology  as
30    follows:
31             (A)  For  a  facility  that  would  receive  a lower
32        nursing component rate per  patient  day  under  the  new
33        system  than  the facility received effective on the date
34        immediately  preceding  the  date  that  the   Department
 
                            -327-    LRB093 05878 EFG 05971 b
 1        implements  the  new  payment  methodology,  the  nursing
 2        component  rate per patient day for the facility shall be
 3        held at the level  in  effect  on  the  date  immediately
 4        preceding the date that the Department implements the new
 5        payment methodology until a higher nursing component rate
 6        of reimbursement is achieved by that facility.
 7             (B)  For  a  facility  that  would  receive a higher
 8        nursing component rate per patient day under the  payment
 9        methodology  in  effect on July 1, 2003 than the facility
10        received effective on the date immediately preceding  the
11        date  that  the  Department  implements  the  new payment
12        methodology, the nursing component rate per  patient  day
13        for the facility shall be adjusted.
14             (C)  Notwithstanding  paragraphs  (A)  and  (B), the
15        nursing component rate per patient day for  the  facility
16        shall  be  adjusted subject to appropriations provided by
17        the General Assembly.
18        For facilities  licensed  by  the  Department  of  Public
19    Health  under  the Nursing Home Care Act as Intermediate Care
20    for the Developmentally Disabled facilities or Long Term Care
21    for Under Age 22 facilities, the rates taking effect on March
22    1, 2001 shall include  a  statewide  increase  of  7.85%,  as
23    defined by the Department.
24        For  facilities  licensed  by  the  Department  of Public
25    Health under the Nursing Home Care Act as  Intermediate  Care
26    for the Developmentally Disabled facilities or Long Term Care
27    for Under Age 22 facilities, the rates taking effect on April
28    1,  2002  shall  include  a  statewide  increase  of 2.0%, as
29    defined by the Department. This increase terminates  on  July
30    1,  2002;  beginning  July 1, 2002 these rates are reduced to
31    the level of the rates  in  effect  on  March  31,  2002,  as
32    defined by the Department.
33        For  facilities  licensed  by  the  Department  of Public
34    Health under the Nursing Home Care  Act  as  skilled  nursing
 
                            -328-    LRB093 05878 EFG 05971 b
 1    facilities  or intermediate care facilities, the rates taking
 2    effect on July 1, 2001, and each subsequent year  thereafter,
 3    shall  be computed using the most recent cost reports on file
 4    with the Department of Public Aid  no  later  than  April  1,
 5    2000,  updated  for  inflation to January 1, 2001.  For rates
 6    effective July 1, 2001 only, rates shall be  the  greater  of
 7    the  rate  computed for July 1, 2001 or the rate effective on
 8    June 30, 2001.
 9        Notwithstanding any other provision of this Section,  for
10    facilities  licensed by the Department of Public Health under
11    the Nursing Home Care Act as skilled  nursing  facilities  or
12    intermediate  care  facilities, the Illinois Department shall
13    determine by rule the rates taking effect on  July  1,  2002,
14    which shall be 5.9% less than the rates in effect on June 30,
15    2002.
16        Rates  established  effective  each  July  1 shall govern
17    payment for services rendered throughout  that  fiscal  year,
18    except  that  rates  established  on  July  1,  1996 shall be
19    increased by 6.8% for services provided on or  after  January
20    1,  1997.  Such rates will be based upon the rates calculated
21    for the year beginning July 1, 1990, and for subsequent years
22    thereafter until June 30, 2001 shall be based on the facility
23    cost reports for the facility fiscal year ending at any point
24    in time during the previous calendar  year,  updated  to  the
25    midpoint  of the rate year.  The cost report shall be on file
26    with the Department no later than April 1 of the current rate
27    year.  Should the cost report not be on file by April 1,  the
28    Department  shall  base  the  rate  on the latest cost report
29    filed by each skilled care  facility  and  intermediate  care
30    facility,  updated  to the midpoint of the current rate year.
31    In determining rates for services rendered on and after  July
32    1,  1985, fixed time shall not be computed at less than zero.
33    The Department shall not make any alterations of  regulations
34    which  would  reduce  any component of the Medicaid rate to a
 
                            -329-    LRB093 05878 EFG 05971 b
 1    level below what that component would have been utilizing  in
 2    the rate effective on July 1, 1984.
 3        (2)  Shall take into account the actual costs incurred by
 4    facilities  in  providing  services for recipients of skilled
 5    nursing and intermediate  care  services  under  the  medical
 6    assistance program.
 7        (3)  Shall    take   into   account   the   medical   and
 8    psycho-social characteristics and needs of the patients.
 9        (4)  Shall take into account the actual costs incurred by
10    facilities in meeting licensing and  certification  standards
11    imposed  and  prescribed by the State of Illinois, any of its
12    political subdivisions or  municipalities  and  by  the  U.S.
13    Department of Health and Human Services pursuant to Title XIX
14    of the Social Security Act.
15        The  Department  of  Public  Aid  shall  develop  precise
16    standards  for  payments  to reimburse nursing facilities for
17    any utilization of appropriate rehabilitative  personnel  for
18    the  provision of rehabilitative services which is authorized
19    by federal regulations, including reimbursement for  services
20    provided by qualified therapists or qualified assistants, and
21    which  is in accordance with accepted professional practices.
22    Reimbursement also may  be  made  for  utilization  of  other
23    supportive personnel under appropriate supervision.
24    (Source: P.A. 91-24, eff. 7-1-99; 91-712, eff. 7-1-00; 92-10,
25    eff.  6-11-01;  92-31,  eff.  6-28-01;  92-597, eff. 6-28-02;
26    92-651, eff. 7-11-02; 92-848, eff. 1-1-03; revised 9-20-02.)

27        (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
28        Sec. 5-5.12.  Pharmacy payments.
29        (a)  Every  request   submitted   by   a   pharmacy   for
30    reimbursement  under  this  Article  for  prescription  drugs
31    provided  to  a  recipient  of  aid  under this Article shall
32    include  the  name  of  the  prescriber  or   an   acceptable
33    identification number as established by the Department.
 
                            -330-    LRB093 05878 EFG 05971 b
 1        (b)  Pharmacies  providing  prescription drugs under this
 2    Article shall be reimbursed at a rate which shall  include  a
 3    professional  dispensing  fee  as  determined by the Illinois
 4    Department,  plus  the  current  acquisition  cost   of   the
 5    prescription  drug  dispensed.  The Illinois Department shall
 6    update its  information  on  the  acquisition  costs  of  all
 7    prescription  drugs  no  less  frequently than every 30 days.
 8    However,  the  Illinois  Department  may  set  the  rate   of
 9    reimbursement  for  the  acquisition  cost,  by  rule,  at  a
10    percentage of the current average wholesale acquisition cost.
11        (c)  Reimbursement  under  this  Article for prescription
12    drugs shall be limited  to  reimbursement  for  4  brand-name
13    prescription  drugs  per  patient per month.  This subsection
14    applies only if (i) the brand-name drug  was  not  prescribed
15    for  an  acute  or urgent condition, (ii) the brand-name drug
16    was  not  prescribed  for  Alzheimer's  disease,   arthritis,
17    diabetes, HIV/AIDS, a mental health condition, or respiratory
18    disease,  and  (iii)  a  therapeutically  equivalent  generic
19    medication  has  been  approved  by the federal Food and Drug
20    Administration.
21        (d)  The Department shall  not  impose  requirements  for
22    prior   approval   based   on   a  preferred  drug  list  for
23    anti-retroviral or any atypical antipsychotics,  conventional
24    antipsychotics,  or anticonvulsants used for the treatment of
25    serious mental illnesses until 30 days after it has conducted
26    a study of the impact of such requirements  on  patient  care
27    and  submitted  a  report  to  the  Speaker  of  the House of
28    Representatives and the President of the Senate.
29    (Source: P.A. 92-597, eff.  6-28-02;  92-825,  eff.  8-21-02;
30    revised 9-19-02.)

31        (305 ILCS 5/10-8.1)
32        (Text of Section before amendment by P.A. 92-876)
33        Sec.   10-8.1.  Temporary   order   for   child  support.
 
                            -331-    LRB093 05878 EFG 05971 b
 1    Notwithstanding any other law to the  contrary,  pending  the
 2    outcome  of an administrative determination of parentage, the
 3    Illinois Department shall issue a temporary order  for  child
 4    support,  upon  motion  by a party and a showing of clear and
 5    convincing evidence of paternity.  In determining the  amount
 6    of the temporary child support award, the Illinois Department
 7    shall   use   the  guidelines  and  standards  set  forth  in
 8    subsection (a) of Section 505 and in  Section  505.2  of  the
 9    Illinois Marriage and Dissolution of Marriage Act.
10        Any new or existing support order entered by the Illinois
11    Department  under this Section shall be deemed to be a series
12    of judgments against the  person  obligated  to  pay  support
13    thereunder,  each  such  judgment to be in the amount of each
14    payment or installment of support and  each  judgment  to  be
15    deemed  entered  as  of the date the corresponding payment or
16    installment becomes due under the terms of the support order.
17    Each such judgment shall have the  full  force,  effect,  and
18    attributes of any other judgment of this State, including the
19    ability  to  be  enforced.   Any  such judgment is subject to
20    modification or termination only in accordance  with  Section
21    510 of the Illinois Marriage and Dissolution of Marriage Act.
22    A  lien  arises  by  operation  of  law  against the real and
23    personal  property  of  the  noncustodial  parent  for   each
24    installment  of  overdue  support  owed  by  the noncustodial
25    parent.
26        All orders for support entered or modified in a  case  in
27    which a party is receiving child support enforcement services
28    under  this Article X shall include a provision requiring the
29    non-custodial  parent  to  notify  the  Illinois  Department,
30    within 7 days, (i) of the name, address, and telephone number
31    of any new employer of the non-custodial parent, (ii) whether
32    the non-custodial  parent  has  access  to  health  insurance
33    coverage  through  the employer or other group coverage, and,
34    if so, the policy name and number and the  names  of  persons
 
                            -332-    LRB093 05878 EFG 05971 b
 1    covered under the policy, and (iii) of any new residential or
 2    mailing  address  or  telephone  number  of the non-custodial
 3    parent.
 4        In any subsequent action to enforce a support order, upon
 5    sufficient showing that diligent  effort  has  been  made  to
 6    ascertain  the  location of the non-custodial parent, service
 7    of process or provision of notice necessary  in  that  action
 8    may  be  made  at the last known address of the non-custodial
 9    parent, in any manner expressly provided by the Code of Civil
10    Procedure or this Act, which service shall be sufficient  for
11    purposes of due process.
12        An  order  for  support shall include a date on which the
13    current support obligation terminates.  The termination  date
14    shall  be no earlier than the date on which the child covered
15    by the order will attain the age of majority or is  otherwise
16    emancipated.   The  order  for  support  shall state that the
17    termination date does not apply to  any  arrearage  that  may
18    remain  unpaid  on that date. Nothing in this paragraph shall
19    be  construed  to  prevent  the  Illinois   Department   from
20    modifying the order.
21    (Source: P.A. 92-590, eff. 7-1-02.)

22        (Text of Section after amendment by P.A. 92-876)
23        Sec.   10-8.1.  Temporary   order   for   child  support.
24    Notwithstanding any other law to the  contrary,  pending  the
25    outcome  of an administrative determination of parentage, the
26    Illinois Department shall issue a temporary order  for  child
27    support,  upon  motion  by a party and a showing of clear and
28    convincing evidence of paternity.  In determining the  amount
29    of the temporary child support award, the Illinois Department
30    shall   use   the  guidelines  and  standards  set  forth  in
31    subsection (a) of Section 505 and in  Section  505.2  of  the
32    Illinois Marriage and Dissolution of Marriage Act.
33        Any new or existing support order entered by the Illinois
34    Department  under this Section shall be deemed to be a series
 
                            -333-    LRB093 05878 EFG 05971 b
 1    of judgments against the  person  obligated  to  pay  support
 2    thereunder,  each  such  judgment to be in the amount of each
 3    payment or installment of support and  each  judgment  to  be
 4    deemed  entered  as  of the date the corresponding payment or
 5    installment becomes due under the terms of the support order.
 6    Each such judgment shall have the  full  force,  effect,  and
 7    attributes of any other judgment of this State, including the
 8    ability  to  be  enforced.   Any  such judgment is subject to
 9    modification or termination only in accordance  with  Section
10    510 of the Illinois Marriage and Dissolution of Marriage Act.
11    A  lien  arises  by  operation  of  law  against the real and
12    personal  property  of  the  noncustodial  parent  for   each
13    installment  of  overdue  support  owed  by  the noncustodial
14    parent.
15        All orders for support entered or modified in a  case  in
16    which a party is receiving child support enforcement services
17    under  this Article X shall include a provision requiring the
18    non-custodial  parent  to  notify  the  Illinois  Department,
19    within 7 days, (i) of the name, address, and telephone number
20    of any new employer of the non-custodial parent, (ii) whether
21    the non-custodial  parent  has  access  to  health  insurance
22    coverage  through  the employer or other group coverage, and,
23    if so, the policy name and number and the  names  of  persons
24    covered under the policy, and (iii) of any new residential or
25    mailing  address  or  telephone  number  of the non-custodial
26    parent.
27        In any subsequent action to enforce a support order, upon
28    sufficient showing that diligent  effort  has  been  made  to
29    ascertain  the  location of the non-custodial parent, service
30    of process or provision of notice necessary  in  that  action
31    may  be  made  at the last known address of the non-custodial
32    parent, in any manner expressly provided by the Code of Civil
33    Procedure or this Act, which service shall be sufficient  for
34    purposes of due process.
 
                            -334-    LRB093 05878 EFG 05971 b
 1        An  order  for  support shall include a date on which the
 2    current support obligation terminates.  The termination  date
 3    shall  be no earlier than the date on which the child covered
 4    by the order will attain the age  of  18.   However,  if  the
 5    child   will  not  graduate  from  high  school  until  after
 6    attaining the age of 18, then the termination date  shall  be
 7    no  earlier than the earlier of the date on which the child's
 8    high school graduation will occur or the date  on  which  the
 9    child will attain the age of 19.  The order for support shall
10    state  that  the  termination  date  does  not  apply  to any
11    arrearage that may remain unpaid on  that  date.  Nothing  in
12    this  paragraph  shall  be  construed to prevent the Illinois
13    Department from modifying the order or terminating the  order
14    in the event the child is otherwise emancipated.
15    (Source:  P.A.  92-590,  eff.  7-1-02;  92-876,  eff. 6-1-03;
16    revised 1-14-03.)

17        (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
18        (Text of Section before amendment by P.A. 92-876)
19        Sec. 10-10.  Court  enforcement;  applicability  also  to
20    persons  who  are not applicants or recipients.  Except where
21    the Illinois Department, by agreement,  acts  for  the  local
22    governmental  unit,  as  provided  in  Section  10-3.1, local
23    governmental units shall refer to the State's Attorney or  to
24    the proper legal representative of the governmental unit, for
25    judicial   enforcement   as  herein  provided,  instances  of
26    non-support or insufficient support when the  dependents  are
27    applicants  or  recipients  under  Article VI.  The Child and
28    Spouse  Support  Unit  established  by  Section  10-3.1   may
29    institute  in  behalf  of the Illinois Department any actions
30    under this Section for judicial enforcement  of  the  support
31    liability   when   the   dependents  are  (a)  applicants  or
32    recipients under Articles III, IV, V or VII;  (b)  applicants
33    or  recipients in a local governmental unit when the Illinois
 
                            -335-    LRB093 05878 EFG 05971 b
 1    Department,  by  agreement,  acts  for  the  unit;   or   (c)
 2    non-applicants  or  non-recipients  who  are  receiving child
 3    support  enforcement  services  under  this  Article  X,   as
 4    provided in Section 10-1.  Where the Child and Spouse Support
 5    Unit has exercised its option and discretion not to apply the
 6    provisions  of Sections 10-3 through 10-8, the failure by the
 7    Unit to apply such provisions shall not be a bar to  bringing
 8    an action under this Section.
 9        Action  shall  be  brought in the circuit court to obtain
10    support, or for the recovery of aid granted during the period
11    such support was not provided, or both for the obtainment  of
12    support  and  the  recovery of the aid provided.  Actions for
13    the recovery of aid may be taken separately or  they  may  be
14    consolidated  with  actions  to obtain support.  Such actions
15    may be brought in the name of the person or persons requiring
16    support, or may be  brought  in  the  name  of  the  Illinois
17    Department  or  the  local  governmental  unit,  as  the case
18    requires, in behalf of such persons.
19        The court may enter such orders for the payment of moneys
20    for the support of the person as may be  just  and  equitable
21    and  may direct payment thereof for such period or periods of
22    time as the circumstances require, including  support  for  a
23    period before the date the order for support is entered.  The
24    order  may  be  entered  against  any or all of the defendant
25    responsible relatives and may be based upon the proportionate
26    ability of each to contribute to the person's support.
27        The Court shall determine the  amount  of  child  support
28    (including  child  support  for  a period before the date the
29    order for child support is entered) by using  the  guidelines
30    and  standards set forth in subsection (a) of Section 505 and
31    in Section 505.2 of the Illinois Marriage and Dissolution  of
32    Marriage Act. For purposes of determining the amount of child
33    support to be paid for a period before the date the order for
34    child  support  is entered, there is a rebuttable presumption
 
                            -336-    LRB093 05878 EFG 05971 b
 1    that the responsible relative's net income  for  that  period
 2    was  the  same as his or her net income at the time the order
 3    is entered.
 4        If (i) the responsible relative was properly served  with
 5    a  request for discovery of financial information relating to
 6    the responsible relative's ability to provide child  support,
 7    (ii)  the  responsible  relative  failed  to  comply with the
 8    request, despite having been ordered to do so by  the  court,
 9    and  (iii)  the  responsible  relative  is not present at the
10    hearing to determine support despite having  received  proper
11    notice,  then  any  relevant financial information concerning
12    the responsible relative's ability to provide  child  support
13    that  was  obtained  pursuant  to  subpoena and proper notice
14    shall be admitted into evidence without the need to establish
15    any further foundation for its admission.
16        An order entered  under  this  Section  shall  include  a
17    provision  requiring the obligor to report to the obligee and
18    to the clerk of court within 10 days each  time  the  obligor
19    obtains   new   employment,   and  each  time  the  obligor's
20    employment is terminated for any reason. The report shall  be
21    in  writing and shall, in the case of new employment, include
22    the name and address of the new employer. Failure  to  report
23    new  employment  or the termination of current employment, if
24    coupled with nonpayment of support for a period in excess  of
25    60  days,  is  indirect  criminal  contempt.  For any obligor
26    arrested for failure to report new employment bond  shall  be
27    set  in the amount of the child support that should have been
28    paid during the period of unreported  employment.   An  order
29    entered  under  this  Section  shall also include a provision
30    requiring the obligor and  obligee  parents  to  advise  each
31    other  of  a  change in residence within 5 days of the change
32    except when the court finds that  the  physical,  mental,  or
33    emotional  health  of  a  party  or that of a minor child, or
34    both, would be seriously  endangered  by  disclosure  of  the
 
                            -337-    LRB093 05878 EFG 05971 b
 1    party's address.
 2        The Court shall determine the amount of maintenance using
 3    the  standards  set  forth  in  Section  504  of the Illinois
 4    Marriage and Dissolution of Marriage Act.
 5        Any new or existing support order entered  by  the  court
 6    under  this  Section  shall  be  deemed  to  be  a  series of
 7    judgments  against  the  person  obligated  to  pay   support
 8    thereunder,  each  such  judgment to be in the amount of each
 9    payment or installment of support and each such  judgment  to
10    be deemed entered as of the date the corresponding payment or
11    installment becomes due under the terms of the support order.
12    Each  such  judgment  shall  have  the full force, effect and
13    attributes of any other judgment of this State, including the
14    ability to be enforced.  Any  such  judgment  is  subject  to
15    modification  or  termination only in accordance with Section
16    510 of the Illinois Marriage and Dissolution of Marriage Act.
17    A lien arises by  operation  of  law  against  the  real  and
18    personal   property  of  the  noncustodial  parent  for  each
19    installment of  overdue  support  owed  by  the  noncustodial
20    parent.
21        When  an order is entered for the support of a minor, the
22    court may provide therein for reasonable  visitation  of  the
23    minor  by the person or persons who provided support pursuant
24    to the order.  Whoever willfully refuses to comply with  such
25    visitation order or willfully interferes with its enforcement
26    may be declared in contempt of court and punished therefor.
27        Except where the local governmental unit has entered into
28    an  agreement  with the Illinois Department for the Child and
29    Spouse Support Unit to act for it,  as  provided  in  Section
30    10-3.1,   support  orders  entered  by  the  court  in  cases
31    involving applicants or recipients  under  Article  VI  shall
32    provide  that  payments  thereunder  be  made directly to the
33    local governmental unit.  Orders for the support of all other
34    applicants  or  recipients  shall   provide   that   payments
 
                            -338-    LRB093 05878 EFG 05971 b
 1    thereunder  be  made  directly to the Illinois Department. In
 2    accordance with federal law  and  regulations,  the  Illinois
 3    Department   may  continue  to  collect  current  maintenance
 4    payments or child support  payments,  or  both,  after  those
 5    persons   cease   to  receive  public  assistance  and  until
 6    termination  of  services  under  Article  X.   The  Illinois
 7    Department shall  pay  the  net  amount  collected  to  those
 8    persons  after  deducting  any  costs  incurred in making the
 9    collection or any collection  fee  from  the  amount  of  any
10    recovery  made.   In  both  cases  the order shall permit the
11    local governmental unit or the Illinois  Department,  as  the
12    case  may be, to direct the responsible relative or relatives
13    to make support payments directly to the needy person, or  to
14    some  person  or  agency  in  his behalf, upon removal of the
15    person from the public  aid  rolls  or  upon  termination  of
16    services under Article X.
17        If  the  notice of support due issued pursuant to Section
18    10-7 directs that support payments be made  directly  to  the
19    needy  person, or to some person or agency in his behalf, and
20    the recipient is removed from the  public  aid  rolls,  court
21    action   may   be  taken  against  the  responsible  relative
22    hereunder if he fails to furnish support in  accordance  with
23    the terms of such notice.
24        Actions  may also be brought under this Section in behalf
25    of any person who is in  need  of  support  from  responsible
26    relatives,  as  defined  in Section 2-11 of Article II who is
27    not an applicant for or recipient of financial aid under this
28    Code.  In such instances, the State's Attorney of the  county
29    in  which  such person resides shall bring action against the
30    responsible relatives hereunder.  If the Illinois Department,
31    as authorized by Section  10-1,  extends  the  child  support
32    enforcement  services provided by this Article to spouses and
33    dependent children who are not applicants or recipients under
34    this Code, the Child and Spouse Support Unit  established  by
 
                            -339-    LRB093 05878 EFG 05971 b
 1    Section  10-3.1  shall  bring  action against the responsible
 2    relatives hereunder and any support  orders  entered  by  the
 3    court in such cases shall provide that payments thereunder be
 4    made directly to the Illinois Department.
 5        Whenever it is determined in a proceeding to establish or
 6    enforce  a  child  support or maintenance obligation that the
 7    person owing a duty of support is unemployed, the  court  may
 8    order  the  person to seek employment and report periodically
 9    to the court with a diary, listing or other memorandum of his
10    or her efforts in accordance with such order.   Additionally,
11    the  court  may  order the unemployed person to report to the
12    Department of Employment Security for job search services  or
13    to  make  application with the local Job Training Partnership
14    Act provider for participation in  job  search,  training  or
15    work  programs  and  where  the  duty of support is owed to a
16    child receiving child support enforcement services under this
17    Article X, the court  may  order  the  unemployed  person  to
18    report  to  the  Illinois Department for participation in job
19    search, training or work programs established  under  Section
20    9-6 and Article IXA of this Code.
21        Whenever  it  is  determined  that a person owes past-due
22    support for a child receiving assistance under this Code, the
23    court shall order at the request of the Illinois Department:
24             (1)  that the person pay  the  past-due  support  in
25        accordance with a plan approved by the court; or
26             (2)  if   the   person  owing  past-due  support  is
27        unemployed, is  subject  to  such  a  plan,  and  is  not
28        incapacitated,  that  the  person participate in such job
29        search, training,  or  work  programs  established  under
30        Section  9-6  and  Article  IXA of this Code as the court
31        deems appropriate.
32        A  determination  under  this  Section   shall   not   be
33    administratively  reviewable  by  the procedures specified in
34    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
 
                            -340-    LRB093 05878 EFG 05971 b
 1    under these Sections, if made the basis of court action under
 2    this   Section,   shall  not  affect  the  de  novo  judicial
 3    determination required under this Section.
 4        A one-time charge of 20% is imposable upon the amount  of
 5    past-due child support owed on July 1, 1988 which has accrued
 6    under a support order entered by the court.  The charge shall
 7    be imposed in accordance with the provisions of Section 10-21
 8    of  this  Code  and  shall  be  enforced  by  the  court upon
 9    petition.
10        All orders for support, when entered or  modified,  shall
11    include  a  provision  requiring  the non-custodial parent to
12    notify the court and, in cases in which a party is  receiving
13    child  support enforcement services under this Article X, the
14    Illinois Department, within 7 days, (i) of the name, address,
15    and telephone number of any new employer of the non-custodial
16    parent, (ii) whether the non-custodial parent has  access  to
17    health insurance coverage through the employer or other group
18    coverage and, if so, the policy name and number and the names
19    of  persons  covered  under  the policy, and (iii) of any new
20    residential or mailing address or  telephone  number  of  the
21    non-custodial  parent.  In any subsequent action to enforce a
22    support order, upon a  sufficient  showing  that  a  diligent
23    effort  has  been  made  to  ascertain  the  location  of the
24    non-custodial parent, service  of  process  or  provision  of
25    notice  necessary  in  the case may be made at the last known
26    address of the non-custodial parent in any  manner  expressly
27    provided  by  the Code of Civil Procedure or this Code, which
28    service shall be sufficient for purposes of due process.
29        An order for support shall include a date  on  which  the
30    current  support obligation terminates.  The termination date
31    shall be no earlier than the date on which the child  covered
32    by  the order will attain the age of majority or is otherwise
33    emancipated.  The order for  support  shall  state  that  the
34    termination  date  does  not  apply to any arrearage that may
 
                            -341-    LRB093 05878 EFG 05971 b
 1    remain unpaid on that date.  Nothing in this paragraph  shall
 2    be construed to prevent the court from modifying the order.
 3        Upon   notification   in   writing   or   by   electronic
 4    transmission from the Illinois Department to the clerk of the
 5    court  that  a person who is receiving support payments under
 6    this Section is receiving services under  the  Child  Support
 7    Enforcement  Program  established by Title IV-D of the Social
 8    Security Act, any support payments subsequently  received  by
 9    the  clerk  of  the  court shall be transmitted in accordance
10    with the instructions of the Illinois  Department  until  the
11    Illinois Department gives notice to the clerk of the court to
12    cease  the  transmittal.  After  providing  the  notification
13    authorized  under  this  paragraph,  the  Illinois Department
14    shall be entitled  as  a  party  to  notice  of  any  further
15    proceedings in the case.  The clerk of the court shall file a
16    copy  of  the Illinois Department's notification in the court
17    file.  The clerk's failure to file a copy of the notification
18    in the court file shall not,  however,  affect  the  Illinois
19    Department's right to receive notice of further proceedings.
20        Payments  under  this  Section to the Illinois Department
21    pursuant to the Child Support Enforcement Program established
22    by Title IV-D of the Social Security Act shall be  paid  into
23    the  Child Support Enforcement Trust Fund. All payments under
24    this Section to the Illinois  Department  of  Human  Services
25    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
26    Disbursements from  these  funds  shall  be  as  provided  in
27    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
28    by a local governmental  unit  shall  be  deposited  in  that
29    unit's General Assistance Fund.
30        To   the  extent  the  provisions  of  this  Section  are
31    inconsistent with the requirements pertaining  to  the  State
32    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
33    Code, the requirements pertaining to the  State  Disbursement
34    Unit shall apply.
 
                            -342-    LRB093 05878 EFG 05971 b
 1    (Source:  P.A.  91-24,  eff.  7-1-99;  91-212,  eff. 7-20-99;
 2    91-357,  eff.  7-29-99;  91-767,  eff.  6-9-00;  92-16,  eff.
 3    6-28-01; 92-590, eff. 7-1-02.)

 4        (Text of Section after amendment by P.A. 92-876)
 5        Sec. 10-10.  Court  enforcement;  applicability  also  to
 6    persons  who  are not applicants or recipients.  Except where
 7    the Illinois Department, by agreement,  acts  for  the  local
 8    governmental  unit,  as  provided  in  Section  10-3.1, local
 9    governmental units shall refer to the State's Attorney or  to
10    the proper legal representative of the governmental unit, for
11    judicial   enforcement   as  herein  provided,  instances  of
12    non-support or insufficient support when the  dependents  are
13    applicants  or  recipients  under  Article VI.  The Child and
14    Spouse  Support  Unit  established  by  Section  10-3.1   may
15    institute  in  behalf  of the Illinois Department any actions
16    under this Section for judicial enforcement  of  the  support
17    liability   when   the   dependents  are  (a)  applicants  or
18    recipients under Articles III, IV, V or VII;  (b)  applicants
19    or  recipients in a local governmental unit when the Illinois
20    Department,  by  agreement,  acts  for  the  unit;   or   (c)
21    non-applicants  or  non-recipients  who  are  receiving child
22    support  enforcement  services  under  this  Article  X,   as
23    provided in Section 10-1.  Where the Child and Spouse Support
24    Unit has exercised its option and discretion not to apply the
25    provisions  of Sections 10-3 through 10-8, the failure by the
26    Unit to apply such provisions shall not be a bar to  bringing
27    an action under this Section.
28        Action  shall  be  brought in the circuit court to obtain
29    support, or for the recovery of aid granted during the period
30    such support was not provided, or both for the obtainment  of
31    support  and  the  recovery of the aid provided.  Actions for
32    the recovery of aid may be taken separately or  they  may  be
33    consolidated  with  actions  to obtain support.  Such actions
34    may be brought in the name of the person or persons requiring
 
                            -343-    LRB093 05878 EFG 05971 b
 1    support, or may be  brought  in  the  name  of  the  Illinois
 2    Department  or  the  local  governmental  unit,  as  the case
 3    requires, in behalf of such persons.
 4        The court may enter such orders for the payment of moneys
 5    for the support of the person as may be  just  and  equitable
 6    and  may direct payment thereof for such period or periods of
 7    time as the circumstances require, including  support  for  a
 8    period before the date the order for support is entered.  The
 9    order  may  be  entered  against  any or all of the defendant
10    responsible relatives and may be based upon the proportionate
11    ability of each to contribute to the person's support.
12        The Court shall determine the  amount  of  child  support
13    (including  child  support  for  a period before the date the
14    order for child support is entered) by using  the  guidelines
15    and  standards set forth in subsection (a) of Section 505 and
16    in Section 505.2 of the Illinois Marriage and Dissolution  of
17    Marriage Act. For purposes of determining the amount of child
18    support to be paid for a period before the date the order for
19    child  support  is entered, there is a rebuttable presumption
20    that the responsible relative's net income  for  that  period
21    was  the  same as his or her net income at the time the order
22    is entered.
23        If (i) the responsible relative was properly served  with
24    a  request for discovery of financial information relating to
25    the responsible relative's ability to provide child  support,
26    (ii)  the  responsible  relative  failed  to  comply with the
27    request, despite having been ordered to do so by  the  court,
28    and  (iii)  the  responsible  relative  is not present at the
29    hearing to determine support despite having  received  proper
30    notice,  then  any  relevant financial information concerning
31    the responsible relative's ability to provide  child  support
32    that  was  obtained  pursuant  to  subpoena and proper notice
33    shall be admitted into evidence without the need to establish
34    any further foundation for its admission.
 
                            -344-    LRB093 05878 EFG 05971 b
 1        An order entered  under  this  Section  shall  include  a
 2    provision  requiring the obligor to report to the obligee and
 3    to the clerk of court within 10 days each  time  the  obligor
 4    obtains   new   employment,   and  each  time  the  obligor's
 5    employment is terminated for any reason. The report shall  be
 6    in  writing and shall, in the case of new employment, include
 7    the name and address of the new employer. Failure  to  report
 8    new  employment  or the termination of current employment, if
 9    coupled with nonpayment of support for a period in excess  of
10    60  days,  is  indirect  criminal  contempt.  For any obligor
11    arrested for failure to report new employment bond  shall  be
12    set  in the amount of the child support that should have been
13    paid during the period of unreported  employment.   An  order
14    entered  under  this  Section  shall also include a provision
15    requiring the obligor and  obligee  parents  to  advise  each
16    other  of  a  change in residence within 5 days of the change
17    except when the court finds that  the  physical,  mental,  or
18    emotional  health  of  a  party  or that of a minor child, or
19    both, would be seriously  endangered  by  disclosure  of  the
20    party's address.
21        The Court shall determine the amount of maintenance using
22    the  standards  set  forth  in  Section  504  of the Illinois
23    Marriage and Dissolution of Marriage Act.
24        Any new or existing support order entered  by  the  court
25    under  this  Section  shall  be  deemed  to  be  a  series of
26    judgments  against  the  person  obligated  to  pay   support
27    thereunder,  each  such  judgment to be in the amount of each
28    payment or installment of support and each such  judgment  to
29    be deemed entered as of the date the corresponding payment or
30    installment becomes due under the terms of the support order.
31    Each  such  judgment  shall  have  the full force, effect and
32    attributes of any other judgment of this State, including the
33    ability to be enforced.  Any  such  judgment  is  subject  to
34    modification  or  termination only in accordance with Section
 
                            -345-    LRB093 05878 EFG 05971 b
 1    510 of the Illinois Marriage and Dissolution of Marriage Act.
 2    A lien arises by  operation  of  law  against  the  real  and
 3    personal   property  of  the  noncustodial  parent  for  each
 4    installment of  overdue  support  owed  by  the  noncustodial
 5    parent.
 6        When  an order is entered for the support of a minor, the
 7    court may provide therein for reasonable  visitation  of  the
 8    minor  by the person or persons who provided support pursuant
 9    to the order.  Whoever willfully refuses to comply with  such
10    visitation order or willfully interferes with its enforcement
11    may be declared in contempt of court and punished therefor.
12        Except where the local governmental unit has entered into
13    an  agreement  with the Illinois Department for the Child and
14    Spouse Support Unit to act for it,  as  provided  in  Section
15    10-3.1,   support  orders  entered  by  the  court  in  cases
16    involving applicants or recipients  under  Article  VI  shall
17    provide  that  payments  thereunder  be  made directly to the
18    local governmental unit.  Orders for the support of all other
19    applicants  or  recipients  shall   provide   that   payments
20    thereunder  be  made  directly to the Illinois Department. In
21    accordance with federal law  and  regulations,  the  Illinois
22    Department   may  continue  to  collect  current  maintenance
23    payments or child support  payments,  or  both,  after  those
24    persons   cease   to  receive  public  assistance  and  until
25    termination  of  services  under  Article  X.   The  Illinois
26    Department shall  pay  the  net  amount  collected  to  those
27    persons  after  deducting  any  costs  incurred in making the
28    collection or any collection  fee  from  the  amount  of  any
29    recovery  made.   In  both  cases  the order shall permit the
30    local governmental unit or the Illinois  Department,  as  the
31    case  may be, to direct the responsible relative or relatives
32    to make support payments directly to the needy person, or  to
33    some  person  or  agency  in  his behalf, upon removal of the
34    person from the public  aid  rolls  or  upon  termination  of
 
                            -346-    LRB093 05878 EFG 05971 b
 1    services under Article X.
 2        If  the  notice of support due issued pursuant to Section
 3    10-7 directs that support payments be made  directly  to  the
 4    needy  person, or to some person or agency in his behalf, and
 5    the recipient is removed from the  public  aid  rolls,  court
 6    action   may   be  taken  against  the  responsible  relative
 7    hereunder if he fails to furnish support in  accordance  with
 8    the terms of such notice.
 9        Actions  may also be brought under this Section in behalf
10    of any person who is in  need  of  support  from  responsible
11    relatives,  as  defined  in Section 2-11 of Article II who is
12    not an applicant for or recipient of financial aid under this
13    Code.  In such instances, the State's Attorney of the  county
14    in  which  such person resides shall bring action against the
15    responsible relatives hereunder.  If the Illinois Department,
16    as authorized by Section  10-1,  extends  the  child  support
17    enforcement  services provided by this Article to spouses and
18    dependent children who are not applicants or recipients under
19    this Code, the Child and Spouse Support Unit  established  by
20    Section  10-3.1  shall  bring  action against the responsible
21    relatives hereunder and any support  orders  entered  by  the
22    court in such cases shall provide that payments thereunder be
23    made directly to the Illinois Department.
24        Whenever it is determined in a proceeding to establish or
25    enforce  a  child  support or maintenance obligation that the
26    person owing a duty of support is unemployed, the  court  may
27    order  the  person to seek employment and report periodically
28    to the court with a diary, listing or other memorandum of his
29    or her efforts in accordance with such order.   Additionally,
30    the  court  may  order the unemployed person to report to the
31    Department of Employment Security for job search services  or
32    to  make  application with the local Job Training Partnership
33    Act provider for participation in  job  search,  training  or
34    work  programs  and  where  the  duty of support is owed to a
 
                            -347-    LRB093 05878 EFG 05971 b
 1    child receiving child support enforcement services under this
 2    Article X, the court  may  order  the  unemployed  person  to
 3    report  to  the  Illinois Department for participation in job
 4    search, training or work programs established  under  Section
 5    9-6 and Article IXA of this Code.
 6        Whenever  it  is  determined  that a person owes past-due
 7    support for a child receiving assistance under this Code, the
 8    court shall order at the request of the Illinois Department:
 9             (1)  that the person pay  the  past-due  support  in
10        accordance with a plan approved by the court; or
11             (2)  if   the   person  owing  past-due  support  is
12        unemployed, is  subject  to  such  a  plan,  and  is  not
13        incapacitated,  that  the  person participate in such job
14        search, training,  or  work  programs  established  under
15        Section  9-6  and  Article  IXA of this Code as the court
16        deems appropriate.
17        A  determination  under  this  Section   shall   not   be
18    administratively  reviewable  by  the procedures specified in
19    Sections 10-12, and 10-13  to  10-13.10.   Any  determination
20    under these Sections, if made the basis of court action under
21    this   Section,   shall  not  affect  the  de  novo  judicial
22    determination required under this Section.
23        A one-time charge of 20% is imposable upon the amount  of
24    past-due child support owed on July 1, 1988 which has accrued
25    under a support order entered by the court.  The charge shall
26    be imposed in accordance with the provisions of Section 10-21
27    of  this  Code  and  shall  be  enforced  by  the  court upon
28    petition.
29        All orders for support, when entered or  modified,  shall
30    include  a  provision  requiring  the non-custodial parent to
31    notify the court and, in cases in which a party is  receiving
32    child  support enforcement services under this Article X, the
33    Illinois Department, within 7 days, (i) of the name, address,
34    and telephone number of any new employer of the non-custodial
 
                            -348-    LRB093 05878 EFG 05971 b
 1    parent, (ii) whether the non-custodial parent has  access  to
 2    health insurance coverage through the employer or other group
 3    coverage and, if so, the policy name and number and the names
 4    of  persons  covered  under  the policy, and (iii) of any new
 5    residential or mailing address or  telephone  number  of  the
 6    non-custodial  parent.  In any subsequent action to enforce a
 7    support order, upon a  sufficient  showing  that  a  diligent
 8    effort  has  been  made  to  ascertain  the  location  of the
 9    non-custodial parent, service  of  process  or  provision  of
10    notice  necessary  in  the case may be made at the last known
11    address of the non-custodial parent in any  manner  expressly
12    provided  by  the Code of Civil Procedure or this Code, which
13    service shall be sufficient for purposes of due process.
14        An order for support shall include a date  on  which  the
15    current  support obligation terminates.  The termination date
16    shall be no earlier than the date on which the child  covered
17    by  the  order  will  attain  the age of 18.  However, if the
18    child  will  not  graduate  from  high  school  until   after
19    attaining  the  age of 18, then the termination date shall be
20    no earlier than the earlier of the date on which the  child's
21    high  school  graduation  will occur or the date on which the
22    child will attain the age of 19.  The order for support shall
23    state that  the  termination  date  does  not  apply  to  any
24    arrearage  that  may  remain unpaid on that date.  Nothing in
25    this paragraph shall be construed to prevent the  court  from
26    modifying the order or terminating the order in the event the
27    child is otherwise emancipated.
28        Upon   notification   in   writing   or   by   electronic
29    transmission from the Illinois Department to the clerk of the
30    court  that  a person who is receiving support payments under
31    this Section is receiving services under  the  Child  Support
32    Enforcement  Program  established by Title IV-D of the Social
33    Security Act, any support payments subsequently  received  by
34    the  clerk  of  the  court shall be transmitted in accordance
 
                            -349-    LRB093 05878 EFG 05971 b
 1    with the instructions of the Illinois  Department  until  the
 2    Illinois Department gives notice to the clerk of the court to
 3    cease  the  transmittal.  After  providing  the  notification
 4    authorized  under  this  paragraph,  the  Illinois Department
 5    shall be entitled  as  a  party  to  notice  of  any  further
 6    proceedings in the case.  The clerk of the court shall file a
 7    copy  of  the Illinois Department's notification in the court
 8    file.  The clerk's failure to file a copy of the notification
 9    in the court file shall not,  however,  affect  the  Illinois
10    Department's right to receive notice of further proceedings.
11        Payments  under  this  Section to the Illinois Department
12    pursuant to the Child Support Enforcement Program established
13    by Title IV-D of the Social Security Act shall be  paid  into
14    the  Child Support Enforcement Trust Fund. All payments under
15    this Section to the Illinois  Department  of  Human  Services
16    shall   be  deposited  in  the  DHS  Recoveries  Trust  Fund.
17    Disbursements from  these  funds  shall  be  as  provided  in
18    Sections  12-9.1 and 12-10.2 of this Code.  Payments received
19    by a local governmental  unit  shall  be  deposited  in  that
20    unit's General Assistance Fund.
21        To   the  extent  the  provisions  of  this  Section  are
22    inconsistent with the requirements pertaining  to  the  State
23    Disbursement  Unit  under  Sections 10-10.4 and 10-26 of this
24    Code, the requirements pertaining to the  State  Disbursement
25    Unit shall apply.
26    (Source:  P.A.  91-24,  eff.  7-1-99;  91-212,  eff. 7-20-99;
27    91-357,  eff.  7-29-99;  91-767,  eff.  6-9-00;  92-16,  eff.
28    6-28-01; 92-590, eff. 7-1-02; 92-876,  eff.  6-1-03;  revised
29    1-14-03.)

30        (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
31        (Text of Section before amendment by P.A. 92-876)
32        Sec.  10-11.  Administrative  Orders.  In lieu of actions
33    for court enforcement of support  under  Section  10-10,  the
 
                            -350-    LRB093 05878 EFG 05971 b
 1    Child  and Spouse Support Unit of the Illinois Department, in
 2    accordance with the rules of  the  Illinois  Department,  may
 3    issue  an  administrative  order  requiring  the  responsible
 4    relative  to  comply  with the terms of the determination and
 5    notice of support due, determined and issued  under  Sections
 6    10-6  and  10-7.  The  Unit  may also enter an administrative
 7    order  under   subsection   (b)   of   Section   10-7.    The
 8    administrative  order  shall  be  served upon the responsible
 9    relative by United States registered or  certified  mail.  In
10    cases  in  which  the  responsible  relative  appeared at the
11    office of the Child and Spouse Support Unit  in  response  to
12    the  notice  of support obligation issued under Section 10-4,
13    however, or in cases of  default  in  which  the  notice  was
14    served  on the responsible relative by certified mail, return
15    receipt requested, or by  any  method  provided  by  law  for
16    service  of  summons,  the  administrative  determination  of
17    paternity  or administrative support order may be sent to the
18    responsible  relative  by  ordinary  mail  addressed  to  the
19    responsible relative's last known address.
20        If a responsible relative or  a  person  receiving  child
21    support  enforcement  services  under  this  Article fails to
22    petition  the  Illinois  Department  for  release   from   or
23    modification  of  the  administrative  order,  as provided in
24    Section 10-12 or Section  10-12.1,  the  order  shall  become
25    final  and  there  shall  be  no  further  administrative  or
26    judicial   remedy.   Likewise  a  decision  by  the  Illinois
27    Department as a  result  of  an  administrative  hearing,  as
28    provided  in  Sections  10-13 to 10-13.10, shall become final
29    and  enforceable  if  not  judicially  reviewed   under   the
30    Administrative Review Law, as provided in Section 10-14.
31        Any new or existing support order entered by the Illinois
32    Department  under this Section shall be deemed to be a series
33    of judgments against the  person  obligated  to  pay  support
34    thereunder,  each  such  judgment to be in the amount of each
 
                            -351-    LRB093 05878 EFG 05971 b
 1    payment or installment of support and each such  judgment  to
 2    be deemed entered as of the date the corresponding payment or
 3    installment becomes due under the terms of the support order.
 4    Each  such  judgment  shall  have  the full force, effect and
 5    attributes of any other judgment of this State, including the
 6    ability to be enforced.  Any  such  judgment  is  subject  to
 7    modification  or  termination only in accordance with Section
 8    510 of the Illinois Marriage and Dissolution of Marriage Act.
 9    A lien arises by  operation  of  law  against  the  real  and
10    personal   property  of  the  noncustodial  parent  for  each
11    installment of  overdue  support  owed  by  the  noncustodial
12    parent.
13        An  order  entered  under  this  Section  shall include a
14    provision requiring the obligor to report to the obligee  and
15    to  the  clerk  of court within 10 days each time the obligor
16    obtains  new  employment,  and  each   time   the   obligor's
17    employment  is terminated for any reason. The report shall be
18    in writing and shall, in the case of new employment,  include
19    the  name  and address of the new employer. Failure to report
20    new employment or the termination of current  employment,  if
21    coupled  with nonpayment of support for a period in excess of
22    60 days, is indirect  criminal  contempt.   For  any  obligor
23    arrested  for  failure to report new employment bond shall be
24    set in the amount of the child support that should have  been
25    paid  during  the  period of unreported employment.  An order
26    entered under this Section shall  also  include  a  provision
27    requiring  the  obligor  and  obligee  parents to advise each
28    other of a change in residence within 5 days  of  the  change
29    except  when  the  court  finds that the physical, mental, or
30    emotional health of a party or that  of  a  minor  child,  or
31    both,  would  be  seriously  endangered  by disclosure of the
32    party's address.
33        A one-time charge of 20% is imposable upon the amount  of
34    past-due  child  support  owed  on  July  1,  1988, which has
 
                            -352-    LRB093 05878 EFG 05971 b
 1    accrued  under  a  support  order  entered  by  the  Illinois
 2    Department under this Section.  The charge shall  be  imposed
 3    in  accordance with the provisions of Section 10-21 and shall
 4    be enforced by the court in a suit filed under Section 10-15.
 5    (Source: P.A. 91-212, eff. 7-20-99; 92-590, eff. 7-1-02.)

 6        (Text of Section after amendment by P.A. 92-876)
 7        Sec. 10-11.  Administrative Orders. In  lieu  of  actions
 8    for  court  enforcement  of  support under Section 10-10, the
 9    Child and Spouse Support Unit of the Illinois Department,  in
10    accordance  with  the  rules  of the Illinois Department, may
11    issue  an  administrative  order  requiring  the  responsible
12    relative to comply with the terms of  the  determination  and
13    notice  of  support due, determined and issued under Sections
14    10-6 and 10-7. The Unit  may  also  enter  an  administrative
15    order   under   subsection   (b)   of   Section   10-7.   The
16    administrative order shall be  served  upon  the  responsible
17    relative  by  United  States registered or certified mail. In
18    cases in which  the  responsible  relative  appeared  at  the
19    office  of  the  Child and Spouse Support Unit in response to
20    the notice of support obligation issued under  Section  10-4,
21    however,  or  in  cases  of  default  in which the notice was
22    served on the responsible relative by certified mail,  return
23    receipt  requested,  or  by  any  method  provided by law for
24    service  of  summons,  the  administrative  determination  of
25    paternity or administrative support order may be sent to  the
26    responsible  relative  by  ordinary  mail  addressed  to  the
27    responsible relative's last known address.
28        If  a  responsible  relative  or a person receiving child
29    support enforcement services  under  this  Article  fails  to
30    petition   the   Illinois  Department  for  release  from  or
31    modification of the  administrative  order,  as  provided  in
32    Section  10-12  or  Section  10-12.1,  the order shall become
33    final  and  there  shall  be  no  further  administrative  or
34    judicial  remedy.   Likewise  a  decision  by  the   Illinois
 
                            -353-    LRB093 05878 EFG 05971 b
 1    Department  as  a  result  of  an  administrative hearing, as
 2    provided in Sections 10-13 to 10-13.10,  shall  become  final
 3    and   enforceable   if  not  judicially  reviewed  under  the
 4    Administrative Review Law, as provided in Section 10-14.
 5        Any new or existing support order entered by the Illinois
 6    Department under this Section shall be deemed to be a  series
 7    of  judgments  against  the  person  obligated to pay support
 8    thereunder, each such judgment to be in the  amount  of  each
 9    payment  or  installment of support and each such judgment to
10    be deemed entered as of the date the corresponding payment or
11    installment becomes due under the terms of the support order.
12    Each such judgment shall have  the  full  force,  effect  and
13    attributes of any other judgment of this State, including the
14    ability  to  be  enforced.   Any  such judgment is subject to
15    modification or termination only in accordance  with  Section
16    510 of the Illinois Marriage and Dissolution of Marriage Act.
17    A  lien  arises  by  operation  of  law  against the real and
18    personal  property  of  the  noncustodial  parent  for   each
19    installment  of  overdue  support  owed  by  the noncustodial
20    parent.
21        An order entered  under  this  Section  shall  include  a
22    provision  requiring the obligor to report to the obligee and
23    to the clerk of court within 10 days each  time  the  obligor
24    obtains   new   employment,   and  each  time  the  obligor's
25    employment is terminated for any reason. The report shall  be
26    in  writing and shall, in the case of new employment, include
27    the name and address of the new employer. Failure  to  report
28    new  employment  or the termination of current employment, if
29    coupled with nonpayment of support for a period in excess  of
30    60  days,  is  indirect  criminal  contempt.  For any obligor
31    arrested for failure to report new employment bond  shall  be
32    set  in the amount of the child support that should have been
33    paid during the period of unreported  employment.   An  order
34    entered  under  this  Section  shall also include a provision
 
                            -354-    LRB093 05878 EFG 05971 b
 1    requiring the obligor and  obligee  parents  to  advise  each
 2    other  of  a  change in residence within 5 days of the change
 3    except when the court finds that  the  physical,  mental,  or
 4    emotional  health  of  a  party  or that of a minor child, or
 5    both, would be seriously  endangered  by  disclosure  of  the
 6    party's address.
 7        A  one-time charge of 20% is imposable upon the amount of
 8    past-due child support  owed  on  July  1,  1988,  which  has
 9    accrued  under  a  support  order  entered  by  the  Illinois
10    Department  under  this Section.  The charge shall be imposed
11    in accordance with the provisions of Section 10-21 and  shall
12    be enforced by the court in a suit filed under Section 10-15.
13        An  order  for  support shall include a date on which the
14    support obligation terminates.  The termination date shall be
15    no earlier than the date on which the child  covered  by  the
16    order  will attain the age of 18.  However, if the child will
17    not graduate from high school until after attaining  the  age
18    of 18, then the termination date shall be no earlier than the
19    earlier of the date that the child's graduation will occur or
20    the  date  on which the child will attain the age of 19.  The
21    order for support shall state that the termination date  does
22    not  apply  to  any  arrearage that may remain unpaid on that
23    date.  Nothing  in  this  paragraph  shall  be  construed  to
24    prevent  the  Illinois Department from modifying the order or
25    terminating the order in the event  the  child  is  otherwise
26    emancipated.
27    (Source:  P.A.  91-212,  eff.  7-20-99;  92-590, eff. 7-1-02;
28    92-876, eff. 6-1-03; revised 1-14-03.)

29        (305 ILCS 5/12-13.05)
30        Sec. 12-13.05.  Rules for Temporary Assistance for  Needy
31    Families.   All rules regulating the Temporary Assistance for
32    Needy Families program and all  other  rules  regulating  the
33    amendatory  changes  to this Code made by this amendatory Act
 
                            -355-    LRB093 05878 EFG 05971 b
 1    of 1997 shall be promulgated pursuant to this  Section.   All
 2    rules  regulating the Temporary Assistance for Needy Families
 3    program and all other rules regulating the amendatory changes
 4    to this Code made by this amendatory Act of 1997 are repealed
 5    on July 1, 2006.  On and after July  1,  2006,  the  Illinois
 6    Department  may  not  promulgate  any  rules  regulating  the
 7    Temporary Assistance for Needy Families program or regulating
 8    the  amendatory  changes to this Code made by this amendatory
 9    Act of 1997.
10    (Source:  P.A.  91-5,  eff.  5-27-99;  92-111,  eff.  1-1-02;
11    92-597, eff. 6-28-02; revised 11-06-02.)

12        Section 43.  The Lead Poisoning Prevention Act is amended
13    by changing Section 14 as follows:

14        (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
15        Sec. 14.  Departmental regulations and  activities.   The
16    Department   shall  establish  and  publish  regulations  and
17    guidelines governing permissible limits of lead in and  about
18    residential buildings and dwellings.
19        The Department shall also initiate activities that:
20        (a)  Will  either  provide  for or support the monitoring
21    and validation of all medical laboratories and,  private  and
22    public  hospitals  that  perform  lead determination tests on
23    human blood or other tissues.;
24        (b)  Will, subject to Section 7.2 of  this  Act,  provide
25    laboratory  testing  of  blood specimens for lead content, to
26    any physician, hospital, clinic, free  clinic,  municipality,
27    or  private  organization organizations that cannot secure or
28    provide the services through other sources.   The  Department
29    shall  not  assume  responsibility  for  blood  lead analysis
30    required in programs currently in operation.;
31        (c)  Will  develop  or  encourage  the   development   of
32    appropriate  programs and studies to identify sources of lead
 
                            -356-    LRB093 05878 EFG 05971 b
 1    intoxication and assist other entities in the  identification
 2    of   lead  in  children's  blood  and  the  sources  of  that
 3    intoxication.;
 4        (d)  May provide technical assistance and consultation to
 5    local, county, or regional governmental or  private  agencies
 6    for   the   promotion   and  development  of  lead  poisoning
 7    prevention programs.
 8        (e)  Will provide recommendations by  the  Department  on
 9    the  subject  of  identification  and  treatment  of for lead
10    poisoning.
11        (f)  Will maintain a clearinghouse  of  information,  and
12    will  develop  additional  educational materials, on (i) lead
13    hazards to children, (ii) lead  poisoning  prevention,  (iii)
14    lead  poisoning  screening,  (iv) lead mitigation, abatement,
15    and disposal, and (v) on  health  hazards  during  abatement.
16    The  Department  shall make this information available to the
17    general public.
18    (Source: P.A. 87-175; 87-1144; revised 1-20-03.)

19        Section 44.  The Environmental Protection Act is  amended
20    by changing Sections 57.2, 57.7, 57.8, 57.10, 57.13, and 58.7
21    as follows:

22        (415 ILCS 5/57.2)
23        Sec. 57.2. Definitions. As used in this Title:
24        "Audit"  means  a systematic inspection or examination of
25    plans,  reports,  records,  or  documents  to  determine  the
26    completeness  and  accuracy  of  the  data  and   conclusions
27    contained therein.
28        "Bodily injury" means bodily injury, sickness, or disease
29    sustained by a person, including death at any time, resulting
30    from a release of petroleum from an underground storage tank.
31        "Release"   means   any   spilling,   leaking,  emitting,
32    discharging, escaping, leaching  or  disposing  of  petroleum
 
                            -357-    LRB093 05878 EFG 05971 b
 1    from  an  underground  storage tank into groundwater, surface
 2    water or subsurface soils.
 3        "Fill material" means non-native or  disturbed  materials
 4    used to bed and backfill around an underground storage tank.
 5        "Fund" means the Underground Storage Tank Fund.
 6        "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
 7    - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
 8    technical  grades  of  fuel oil; and other residual fuel oils
 9    including Navy Special Fuel Oil and Bunker C.
10        "Indemnification" means indemnification of  an  owner  or
11    operator  for  the amount of any judgment entered against the
12    owner or operator in a court of law, for the  amount  of  any
13    final  order  or  determination  made  against  the  owner or
14    operator by an agency of State government or any  subdivision
15    thereof,  or for the amount of any settlement entered into by
16    the owner or operator, if the judgment, order, determination,
17    or settlement arises out of bodily injury or property  damage
18    suffered  as  a  result  of  a  release  of petroleum from an
19    underground storage tank owned or operated by  the  owner  or
20    operator.
21        "Corrective  action"  means  activities  associated  with
22    compliance  with  the provisions of Sections 57.6 and 57.7 of
23    this Title.
24        "Occurrence" means an accident, including  continuous  or
25    repeated  exposure to conditions, that results in a sudden or
26    nonsudden release from an underground storage tank.
27        When used in connection with, or when otherwise  relating
28    to, underground storage tanks, the terms "facility", "owner",
29    "operator",  "underground storage tank", "(UST)", "petroleum"
30    and "regulated substance" shall have the meanings ascribed to
31    them  in  Subtitle  I  of  the  Hazardous  and  Solid   Waste
32    Amendments   of   1984   (P.L.   98-616),   of  the  Resource
33    Conservation and Recovery Act of 1976 (P.L. 94-580); provided
34    however that the term "underground storage tank"  shall  also
 
                            -358-    LRB093 05878 EFG 05971 b
 1    mean  an  underground  storage tank used exclusively to store
 2    heating oil for consumptive use on the premises where  stored
 3    and which serves other than a farm or residential unit.
 4        "Licensed   Professional   Engineer"   means   a  person,
 5    corporation, or partnership licensed under the  laws  of  the
 6    State of Illinois to practice professional engineering.
 7        "Licensed Professional Geologist" means a person licensed
 8    under  the  laws  of  the  State of Illinois to practice as a
 9    professional geologist.
10        "Site" means any single location, place, tract of land or
11    parcel  of  property  including   contiguous   property   not
12    separated by a public right-of-way.
13        "Site  investigation"  means  activities  associated with
14    compliance with the provisions of subsection (a)  of  Section
15    57.7.
16        "Property  damage"  means physical injury to, destruction
17    of, or contamination  of  tangible  property,  including  all
18    resulting  loss  of  use  of that property; or loss of use of
19    tangible property that is not physically injured,  destroyed,
20    or  contaminated, but has been evacuated, withdrawn from use,
21    or rendered inaccessible because of a  release  of  petroleum
22    from an underground storage tank.
23        "Class  I  Groundwater"  means groundwater that meets the
24    Class I:  Potable Resource Groundwater criteria set forth  in
25    the  Board  regulations  adopted  pursuant  to  the  Illinois
26    Groundwater Protection Act.
27        "Class  III Groundwater" means groundwater that meets the
28    Class III:  Special Resource Groundwater criteria  set  forth
29    in  the  Board  regulations  adopted pursuant to the Illinois
30    Groundwater Protection Act.
31    (Source: P.A.  92-554, eff. 6-24-02;  92-735,  eff.  7-25-02;
32    revised 9-9-02.)

33        (415 ILCS 5/57.7)
 
                            -359-    LRB093 05878 EFG 05971 b
 1        Sec.  57.7.   Leaking  underground  storage  tanks;  site
 2    investigation and corrective action.
 3        (a)  Site investigation.
 4             (1)  For  any site investigation activities required
 5        by statute or rule, the owner or operator shall submit to
 6        the  Agency  for  approval  a  site  investigation   plan
 7        designed   to   determine   the   nature,  concentration,
 8        direction of movement, rate of movement,  and  extent  of
 9        the  contamination  as  well  as the significant physical
10        features of the site and surrounding area that may affect
11        contaminant transport and risk to human health and safety
12        and the environment.
13             (2)  Any owner or operator intending to seek payment
14        from the Fund shall submit to the Agency for  approval  a
15        site  investigation  budget  that  includes,  but  is not
16        limited to, an accounting of all  costs  associated  with
17        the   implementation   and   completion   of   the   site
18        investigation plan.
19             (3)  Remediation   objectives   for  the  applicable
20        indicator contaminants  shall  be  determined  using  the
21        tiered  approach  to  corrective  action objectives rules
22        adopted by the Board pursuant to  this  Title  and  Title
23        XVII  of  this  Act.    For  the  purposes of this Title,
24        "Contaminant  of  Concern"  or  "Regulated  Substance  of
25        Concern" in the  rules  means  the  applicable  indicator
26        contaminants  set forth in subsection (d) of this Section
27        and the rules adopted thereunder.
28             (4)  Upon  the   Agency's   approval   of   a   site
29        investigation  plan,  or  as  otherwise  directed  by the
30        Agency, the  owner  or  operator  shall  conduct  a  site
31        investigation in accordance with the plan.
32             (5)  Within   30  days  after  completing  the  site
33        investigation, the owner or operator shall submit to  the
34        Agency  for  approval  a  site  investigation  completion
 
                            -360-    LRB093 05878 EFG 05971 b
 1        report.  At a minimum the report shall include all of the
 2        following:
 3                  (A)  Executive summary.
 4                  (B)  Site history.
 5                  (C)  Site-specific    sampling    methods   and
 6             results.
 7                  (D)  Documentation  of  all  field  activities,
 8             including quality assurance.
 9                  (E)  Documentation regarding the development of
10             proposed remediation objectives.
11                  (F)  Interpretation of results.
12                  (G)  Conclusions.
13        (b)  Corrective action.
14             (1)  If the site investigation confirms none of  the
15        applicable  indicator  contaminants  exceed  the proposed
16        remediation objectives, within 30 days  after  completing
17        the site investigation the owner or operator shall submit
18        to the Agency for approval a corrective action completion
19        report in accordance with this Section.
20             (2)  If any of the applicable indicator contaminants
21        exceed  the remediation objectives approved for the site,
22        within  30  days  after  the  Agency  approves  the  site
23        investigation completion report  the  owner  or  operator
24        shall  submit  to  the  Agency  for approval a corrective
25        action plan designed to  mitigate  any  threat  to  human
26        health,  human  safety, or the environment resulting from
27        the underground storage tank  release.   The  plan  shall
28        describe the selected remedy and evaluate its ability and
29        effectiveness   to  achieve  the  remediation  objectives
30        approved for the site. At a  minimum,  the  report  shall
31        include all of the following:
32                  (A)  Executive summary.
33                  (B)  Statement of remediation objectives.
34                  (C)  Remedial technologies selected.
 
                            -361-    LRB093 05878 EFG 05971 b
 1                  (D)  Confirmation sampling plan.
 2                  (E)  Current  and  projected  future use of the
 3             property.
 4                  (F)  Applicable  preventive,  engineering,  and
 5             institutional    controls    including     long-term
 6             reliability,  operating,  and maintenance plans, and
 7             monitoring procedures.
 8                  (G)  A   schedule   for   implementation    and
 9             completion of the plan.
10             (3)  Any owner or operator intending to seek payment
11        from  the  Fund shall submit to the Agency for approval a
12        corrective  action  budget  that  includes,  but  is  not
13        limited to, an accounting of all  costs  associated  with
14        the  implementation  and  completion  of  the  corrective
15        action plan.
16             (4)  Upon  the  Agency's  approval  of  a corrective
17        action plan, or as otherwise directed by the Agency,  the
18        owner or operator shall proceed with corrective action in
19        accordance with the plan.
20             (5)  Within  30  days  after  the  completion  of  a
21        corrective   action   plan   that   achieves   applicable
22        remediation objectives the owner or operator shall submit
23        to the Agency for approval a corrective action completion
24        report.   The report shall demonstrate whether corrective
25        action was completed  in  accordance  with  the  approved
26        corrective   action  plan  and  whether  the  remediation
27        objectives approved for the site, as well  as  any  other
28        requirements of the plan, have been achieved.
29             (6)  If  within  4  years  after the approval of any
30        corrective  action  plan   the   applicable   remediation
31        objectives  have  not  been  achieved  and  the  owner or
32        operator has not submitted a corrective action completion
33        report, the owner or operator must submit a status report
34        for Agency review.  The status report must  include,  but
 
                            -362-    LRB093 05878 EFG 05971 b
 1        is  not  limited  to,  a  description  of the remediation
 2        activities taken to date, the effectiveness of the method
 3        of remediation being used, the likelihood of meeting  the
 4        applicable   remediation  objectives  using  the  current
 5        method  of  remediation,  and  the  date  the  applicable
 6        remediation objectives are expected to be achieved.
 7             (7)  If   the   Agency   determines   any   approved
 8        corrective  action  plan  will  not  achieve   applicable
 9        remediation  objectives  within  a reasonable time, based
10        upon  the  method  of  remediation  and   site   specific
11        circumstances,  the  Agency  may  require  the  owner  or
12        operator  to  submit to the Agency for approval a revised
13        corrective action plan.  If the owner or operator intends
14        to seek payment from the Fund, the owner or operator must
15        also submit a revised budget.
16    or Licensed Professional Geologist or  Licensed  Professional
17    Geologist  or  Licensed  Professional  Geologist  or Licensed
18    Professional Geologist or Licensed Professional Geologist  or
19    Licensed  Professional  Geologist  or  Licensed  Professional
20    Geologist  or  Licensed  Professional  Geologist  or Licensed
21    Professional Geologist or Licensed Professional Geologist
22        (c)  Agency review and approval.
23             (1)  Agency approval  of  any  plan  and  associated
24        budget,  as  described  in  this subsection (c), shall be
25        considered final approval for  purposes  of  seeking  and
26        obtaining  payment from the Underground Storage Tank Fund
27        if the costs associated with the completion of  any  such
28        plan  are  less  than or equal to the amounts approved in
29        such budget.
30             (2)  In the  event  the  Agency  fails  to  approve,
31        disapprove,  or  modify  any  plan  or  report  submitted
32        pursuant  to this Title in writing within 120 days of the
33        receipt by the  Agency,  the  plan  or  report  shall  be
34        considered  to  be  rejected  by  operation  of  law  for
 
                            -363-    LRB093 05878 EFG 05971 b
 1        purposes  of  this  Title  and  rejected  for purposes of
 2        payment from the Underground Storage Tank Fund.
 3                  (A)  For purposes of those plans as  identified
 4             in   paragraph  (5)  of  this  subsection  (c),  the
 5             Agency's review may be  an  audit  procedure.   Such
 6             review   or  audit  shall  be  consistent  with  the
 7             procedure for such review or audit as promulgated by
 8             the Board under Section 57.14.  The Agency  has  the
 9             authority to establish an auditing program to verify
10             compliance of such plans with the provisions of this
11             Title.
12                  (B)  For  purposes  of  corrective action plans
13             submitted pursuant to subsection (b) of this Section
14             for which payment from the Fund is not being sought,
15             the Agency need not take action on such  plan  until
16             120  days  after  it  receives the corrective action
17             completion report required under subsection  (b)  of
18             this  Section.  In the event the Agency approved the
19             plan, it shall proceed under the provisions of  this
20             subsection (c).
21             (3)  In  approving  any  plan  submitted pursuant to
22        subsection (a) or (b) of this Section, the  Agency  shall
23        determine,  by a procedure promulgated by the Board under
24        Section 57.14, that the costs associated  with  the  plan
25        are  reasonable,  will  be incurred in the performance of
26        site investigation or corrective action, and will not  be
27        used   for   site   investigation  or  corrective  action
28        activities in  excess  of  those  required  to  meet  the
29        minimum requirements of this Title.
30             (4)  For  any plan or report received after June 24,
31        September  13,  2002,  any  action  by  the   Agency   to
32        disapprove  or  modify  a plan submitted pursuant to this
33        Title shall be provided  to  the  owner  or  operator  in
34        writing  within 120 days of the receipt by the Agency or,
 
                            -364-    LRB093 05878 EFG 05971 b
 1        in the case of a site investigation  plan  or  corrective
 2        action plan for which payment is not being sought, within
 3        120  days of receipt of the site investigation completion
 4        report   or   corrective   action   completion    report,
 5        respectively, and shall be accompanied by:
 6                  (A)  an explanation of the Sections of this Act
 7             which may be violated if the plans were approved;
 8                  (B)  an  explanation  of  the provisions of the
 9             regulations, promulgated under this Act,  which  may
10             be violated if the plan were approved;
11                  (C)  an  explanation  of  the  specific type of
12             information, if any,  which  the  Agency  deems  the
13             applicant did not provide the Agency; and
14                  (D)  a  statement  of  specific reasons why the
15             Act and the regulations might not be met if the plan
16             were approved.
17             Any action by the Agency to disapprove or  modify  a
18        plan  or report or the rejection of any plan or report by
19        operation of law shall be subject to appeal to the  Board
20        in  accordance with the procedures of Section 40.  If the
21        owner or operator  elects  to  incorporate  modifications
22        required  by  the  Agency  rather than appeal, an amended
23        plan shall be submitted to the Agency within 35  days  of
24        receipt of the Agency's written notification.
25             (5)  For  purposes  of  this  Title, the term "plan"
26        shall include:
27                  (A)  Any  site  investigation  plan   submitted
28             pursuant to subsection (a) of this Section;
29                  (B)  Any  site  investigation  budget submitted
30             pursuant to subsection (a) of this Section;
31                  (C)  Any  corrective  action   plan   submitted
32             pursuant to subsection (b) of this Section; or
33                  (D)  Any    corrective   action   plan   budget
34             submitted  pursuant  to  subsection  (b)   of   this
 
                            -365-    LRB093 05878 EFG 05971 b
 1             Section.
 2        (d)  For  purposes  of  this  Title,  the term "indicator
 3    contaminant"  shall  mean,  unless  and   until   the   Board
 4    promulgates  regulations  to the contrary, the following: (i)
 5    if  an  underground  storage  tank  contains  gasoline,   the
 6    indicator  parameter  shall  be BTEX and Benzene; (ii) if the
 7    tank  contained  petroleum  products  consisting  of   middle
 8    distillate  or heavy ends, then the indicator parameter shall
 9    be determined by a scan of  PNA's  taken  from  the  location
10    where  contamination  is most likely to be present; and (iii)
11    if  the  tank  contained  used  oil,   then   the   indicator
12    contaminant   shall  be  those  chemical  constituents  which
13    indicate the type  of  petroleum  stored  in  an  underground
14    storage  tank.    All references in this Title to groundwater
15    objectives  shall  mean  Class  I  groundwater  standards  or
16    objectives as applicable.
17        (e) (1)  Notwithstanding the provisions of this  Section,
18        an   owner  or  operator  may  proceed  to  conduct  site
19        investigation or corrective action prior to the submittal
20        or approval of an otherwise required plan.  If the  owner
21        or  operator  elects  to  so  proceed, an applicable plan
22        shall be filed with the Agency at any  time.   Such  plan
23        shall  detail  the  steps  taken to determine the type of
24        site  investigation  or  corrective  action   which   was
25        necessary  at  the site along with the site investigation
26        or corrective action taken or to be taken, in addition to
27        costs associated with activities to date and  anticipated
28        costs.
29             (2)  Upon   receipt   of   a  plan  submitted  after
30        activities have commenced at a  site,  the  Agency  shall
31        proceed  to  review  in the same manner as required under
32        this Title.  In the event the Agency disapproves  all  or
33        part  of the costs, the owner or operator may appeal such
34        decision to the Board.  The owner or operator  shall  not
 
                            -366-    LRB093 05878 EFG 05971 b
 1        be  eligible  to be reimbursed for such disapproved costs
 2        unless and until the Board  determines  that  such  costs
 3        were eligible for payment.
 4        (f)  All  investigations, plans, and reports conducted or
 5    prepared under this Section shall be  conducted  or  prepared
 6    under the supervision of a licensed professional engineer and
 7    in accordance with the requirements of this Title.
 8    (Source:  P.A.  92-554,  eff.  6-24-02; 92-574, eff. 6-26-02;
 9    92-651, eff. 7-11-02; 92-735, eff. 7-25-02; revised 10-3-02.)

10        (415 ILCS 5/57.8)
11        Sec.  57.8.  Underground  Storage  Tank  Fund;   payment;
12    options  for  State  payment; deferred correction election to
13    commence corrective action upon availability of funds. If  an
14    owner  or  operator  is  eligible  to  access the Underground
15    Storage Tank Fund pursuant to an Office of State Fire Marshal
16    eligibility/deductible final determination letter  issued  in
17    accordance  with  Section  57.9,  the  owner  or operator may
18    submit a complete application for final or partial payment to
19    the Agency for activities taken in response  to  a  confirmed
20    release.  An  owner  or  operator  may  submit  a request for
21    partial or final payment regarding a site no more  frequently
22    than once every 90 days.
23        (a)  Payment   after   completion  of  corrective  action
24    measures. The owner or operator may submit an application for
25    payment for activities performed at a site  after  completion
26    of  the  requirements  of  Sections  57.6  and 57.7, or after
27    completion  of  any  other   required   activities   at   the
28    underground storage tank site.
29             (1)  In the case of any approved plan and budget for
30        which  payment  is  being sought, the Agency shall make a
31        payment determination within 120 days of receipt  of  the
32        application.   Such  determination  shall be considered a
33        final decision.  The Agency's review shall be limited  to
 
                            -367-    LRB093 05878 EFG 05971 b
 1        generally accepted auditing and accounting practices.  In
 2        no case shall the Agency conduct additional review of any
 3        plan  which  was  completed  within  the  budget,  beyond
 4        auditing  for adherence to the corrective action measures
 5        in the proposal.  If the  Agency  fails  to  approve  the
 6        payment  application  within  120  days, such application
 7        shall be deemed approved by  operation  of  law  and  the
 8        Agency  shall  proceed to reimburse the owner or operator
 9        the  amount  requested  in   the   payment   application.
10        However, in no event shall the Agency reimburse the owner
11        or operator an amount greater than the amount approved in
12        the plan.
13             (2)  If   sufficient  funds  are  available  in  the
14        Underground Storage Tank Fund, the Agency  shall,  within
15        60 days, forward to the Office of the State Comptroller a
16        voucher   in   the  amount  approved  under  the  payment
17        application.
18             (3)  In the case of insufficient funds,  the  Agency
19        shall  form  a priority list for payment and shall notify
20        persons in such priority list monthly of the availability
21        of funds and when payment shall be made.   Payment  shall
22        be  made  to  the  owner  or  operator  at  such  time as
23        sufficient  funds  become   available   for   the   costs
24        associated  with site investigation and corrective action
25        and costs expended  for  activities  performed  where  no
26        proposal  is required, if applicable.  Such priority list
27        shall be available to any owner or operator upon request.
28        Priority for payment shall be determined by the date  the
29        Agency  receives  a complete request for partial or final
30        payment.  Upon receipt of notification  from  the  Agency
31        that  the  requirements  of this Title have been met, the
32        Comptroller shall make payment to the owner  or  operator
33        of the amount approved by the Agency, if sufficient money
34        exists  in  the  Fund.  If there is insufficient money in
 
                            -368-    LRB093 05878 EFG 05971 b
 1        the Fund, then payment shall not be made.  If  the  owner
 2        or  operator appeals a final Agency payment determination
 3        and it is  determined  that  the  owner  or  operator  is
 4        eligible  for payment or additional payment, the priority
 5        date for the payment or additional payment shall  be  the
 6        same  as  the  priority  date  assigned  to  the original
 7        request for partial or final payment.
 8             (4)  Any deductible, as determined pursuant  to  the
 9        Office  of  the  State  Fire  Marshal's  eligibility  and
10        deductibility  final  determination  in  accordance  with
11        Section  57.9,  shall  be  subtracted  from  any  payment
12        invoice  paid to an eligible owner or operator.  Only one
13        deductible shall apply per underground storage tank site.
14             (5)  In the event that costs are or will be incurred
15        in addition to those approved by  the  Agency,  or  after
16        payment,  the  owner  or  operator  may submit successive
17        plans containing amended budgets.   The  requirements  of
18        Section 57.7 shall apply to any amended plans.
19             (6)  For   purposes  of  this  Section,  a  complete
20        application shall consist of:
21                  (A)  A   certification    from    a    Licensed
22             Professional   Engineer   or  Licensed  Professional
23             Geologist  as  required   under   this   Title   and
24             acknowledged by the owner or operator.
25                  (B)  A statement of the amounts approved in the
26             budget  and  the amounts actually sought for payment
27             along with a certified statement  by  the  owner  or
28             operator that the amounts so sought were expended in
29             conformance with the approved budget.
30                  (C)  A  copy  of  the  Office of the State Fire
31             Marshal's     eligibility     and      deductibility
32             determination.
33                  (D)  Proof   that   approval   of  the  payment
34             requested will not result  in  the  limitations  set
 
                            -369-    LRB093 05878 EFG 05971 b
 1             forth  in  subsection  (g)  of  this  Section  being
 2             exceeded.
 3                  (E)  A  federal  taxpayer identification number
 4             and legal status disclosure certification on a  form
 5             prescribed and provided by the Agency.
 6        (b)  Commencement  of  site  investigation  or corrective
 7    action upon availability of  funds.  The  Board  shall  adopt
 8    regulations  setting  forth procedures based on risk to human
 9    health or the environment under which the owner  or  operator
10    who  has  received  approval  for  any  budget plan submitted
11    pursuant to Section 57.7, and who  is  eligible  for  payment
12    from  the Underground Storage Tank Fund pursuant to an Office
13    of the  State  Fire  Marshal  eligibility  and  deductibility
14    determination,  may  elect  to  defer  site  investigation or
15    corrective action activities until funds are available in  an
16    amount  equal  to  the  amount  approved  in the budget.  The
17    regulations shall establish criteria based on risk  to  human
18    health  or  the  environment  to be used for determining on a
19    site-by-site basis whether  deferral  is  appropriate.    The
20    regulations  also  shall  establish the minimum investigatory
21    requirements for determining whether the risk based  criteria
22    are present at a site considering deferral and procedures for
23    the  notification  of  owners  or  operators  of insufficient
24    funds, Agency review of request for deferral, notification of
25    Agency final decisions, returning deferred  sites  to  active
26    status, and earmarking of funds for payment.
27        (c)  When  the owner or operator requests indemnification
28    for payment of costs incurred as a result  of  a  release  of
29    petroleum  from  an underground storage tank, if the owner or
30    operator has satisfied the requirements of subsection (a)  of
31    this  Section, the Agency shall forward a copy of the request
32    to the Attorney General.  The Attorney General  shall  review
33    and approve the request for indemnification if:
34             (1)  there is a legally enforceable judgment entered
 
                            -370-    LRB093 05878 EFG 05971 b
 1        against  the  owner  or  operator  and  such judgment was
 2        entered due to harm caused by a release of petroleum from
 3        an underground storage tank and  such  judgment  was  not
 4        entered as a result of fraud; or
 5             (2)  a  settlement  with  a  third  party  due  to a
 6        release of petroleum from an underground storage tank  is
 7        reasonable.
 8        (d)  Notwithstanding  any  other provision of this Title,
 9    the Agency shall not approve payment to an owner or  operator
10    from   the   Fund   for   costs   of   corrective  action  or
11    indemnification incurred during a calendar year in excess  of
12    the  following  aggregate  amounts  based  on  the  number of
13    petroleum underground storage tanks owned or operated by such
14    owner or operator in Illinois.
15             Amount                               Number of Tanks
16             $2,000,000............................fewer than 101
17             $3,000,000...............................101 or more
18             (1)  Costs  incurred  in  excess  of  the  aggregate
19        amounts set forth in paragraph  (1)  of  this  subsection
20        shall not be eligible for payment in subsequent years.
21             (2)  For   purposes  of  this  subsection,  requests
22        submitted by any of the  agencies,  departments,  boards,
23        committees  or commissions of the State of Illinois shall
24        be acted upon as claims from a single owner or operator.
25             (3)  For  purposes  of  this  subsection,  owner  or
26        operator includes (i) any subsidiary,  parent,  or  joint
27        stock  company  of  the  owner  or  operator and (ii) any
28        company owned by any parent, subsidiary, or  joint  stock
29        company of the owner or operator.
30        (e)  Costs   of   corrective  action  or  indemnification
31    incurred by an owner or operator which have been paid  to  an
32    owner  or  operator  under  a  policy  of  insurance, another
33    written agreement, or a court  order  are  not  eligible  for
34    payment  under  this  Section.   An  owner  or  operator  who
 
                            -371-    LRB093 05878 EFG 05971 b
 1    receives payment under a policy of insurance, another written
 2    agreement,  or a court order shall reimburse the State to the
 3    extent such  payment  covers  costs  for  which  payment  was
 4    received  from  the  Fund.   Any monies received by the State
 5    under this subsection (e) shall be deposited into the Fund.
 6        (f)  (Blank.)
 7        (g)  The Agency shall not approve any  payment  from  the
 8    Fund to pay an owner or operator:
 9             (1)  for costs of corrective action incurred by such
10        owner  or  operator  in an amount in excess of $1,500,000
11        per occurrence; and
12             (2)  for costs of indemnification of such  owner  or
13        operator  in  an  amount  in  excess  of  $1,500,000  per
14        occurrence.
15        (h)  Payment  of  any amount from the Fund for corrective
16    action or indemnification  shall  be  subject  to  the  State
17    acquiring  by  subrogation the rights of any owner, operator,
18    or other person to recover the costs of corrective action  or
19    indemnification  for  which  the  Fund  has  compensated such
20    owner, operator, or person from  the  person  responsible  or
21    liable for the release.
22        (i)  If  the  Agency  refuses to pay or authorizes only a
23    partial payment, the affected owner or operator may  petition
24    the Board for a hearing in the manner provided for the review
25    of permit decisions in Section 40 of this Act.
26        (j)  Costs   of   corrective  action  or  indemnification
27    incurred by an owner or operator  prior  to  July  28,  1989,
28    shall not be eligible for payment or reimbursement under this
29    Section.
30        (k)  The  Agency shall not pay costs of corrective action
31    or indemnification incurred before providing notification  of
32    the release of petroleum in accordance with the provisions of
33    this Title.
34        (l)  Corrective  action  does  not  include legal defense
 
                            -372-    LRB093 05878 EFG 05971 b
 1    costs.  Legal defense costs include legal costs  for  seeking
 2    payment  under  this  Title  unless  the  owner  or  operator
 3    prevails  before  the  Board  in  which  case  the  Board may
 4    authorize payment of legal fees.
 5        (m)  The Agency may apportion payment of costs for  plans
 6    submitted under Section 57.7 if:
 7             (1)  the  owner  or  operator was deemed eligible to
 8        access the Fund for payment of  corrective  action  costs
 9        for  some,  but not all, of the underground storage tanks
10        at the site; and
11             (2)  the owner or operator  failed  to  justify  all
12        costs  attributable  to  each underground storage tank at
13        the site.
14        (n)  The Agency shall not pay  costs  associated  with  a
15    corrective  action  plan  incurred  after the Agency provides
16    notification to the owner or operator pursuant to item (7) of
17    subsection (b) of Section  57.7  that  a  revised  corrective
18    action   plan   is   required.   Costs  associated  with  any
19    subsequently  approved  corrective  action  plan   shall   be
20    eligible  for  reimbursement if they meet the requirements of
21    this Title.
22    (Source: P.A. 91-357, eff.  7-29-99;  92-554,  eff.  6-24-02;
23    92-574, eff. 6-26-02; 92-735, eff. 7-25-02; revised 10-3-02.)

24        (415 ILCS 5/57.10)
25        Sec.   57.10.  Professional   Engineer   or  Professional
26    Geologist certification; presumptions against liability.
27        (a)  Within  120  days  of  the  Agency's  receipt  of  a
28    corrective action completion report, the Agency  shall  issue
29    to  the  owner  or operator a "no further remediation letter"
30    unless the Agency has  requested  a  modification,  issued  a
31    rejection under subsection (d) of this Section, or the report
32    has been rejected by operation of law.
33        (b)  By   certifying   such   a   statement,  a  Licensed
 
                            -373-    LRB093 05878 EFG 05971 b
 1    Professional  Engineer  or  Licensed  Professional  Geologist
 2    shall in no way be liable thereon,  unless  the  engineer  or
 3    geologist  gave  such certification despite his or her actual
 4    knowledge that the performed measures were not in  compliance
 5    with  applicable  statutory or regulatory requirements or any
 6    plan submitted to the Agency.
 7        (c)  The Agency's issuance of a  no  further  remediation
 8    letter  shall  signify,  based  on  the  certification of the
 9    Licensed Professional Engineer, that:
10             (1)    all  statutory  and   regulatory   corrective
11        action  requirements  applicable  to  the occurrence have
12        been complied with;
13             (2)  all   corrective    action    concerning    the
14        remediation of the occurrence has been completed; and
15             (3)  no  further  corrective  action  concerning the
16        occurrence is  necessary  for  the  protection  of  human
17        health, safety and the environment.
18        (d)  The  no further remediation letter issued under this
19    Section shall apply in favor of the following parties:
20             (1)  The owner or operator to whom  the  letter  was
21        issued.
22             (2)  Any  parent  corporation  or subsidiary of such
23        owner or operator.
24             (3)  Any co-owner or co-operator,  either  by  joint
25        tenancy,   right-of-survivorship,   or  any  other  party
26        sharing a legal relationship with the owner  or  operator
27        to whom the letter is issued.
28             (4)  Any  holder  of a beneficial interest of a land
29        trust  or  inter  vivos  trust   whether   revocable   or
30        irrevocable.
31             (5)  Any  mortgagee or trustee of a deed of trust of
32        such owner or operator.
33             (6)  Any  successor-in-interest  of  such  owner  or
34        operator.
 
                            -374-    LRB093 05878 EFG 05971 b
 1             (7)  Any  transferee  of  such  owner  or   operator
 2        whether  the transfer was by sale, bankruptcy proceeding,
 3        partition,  dissolution  of   marriage,   settlement   or
 4        adjudication  of  any  civil  action, charitable gift, or
 5        bequest.
 6             (8)  Any heir or devisee or such owner or operator.
 7        (e)  If the Agency notifies the owner  or  operator  that
 8    the  "no  further  remediation" letter has been rejected, the
 9    grounds for such rejection shall be described in the  notice.
10    Such  a  decision shall be a final determination which may be
11    appealed by the owner or operator.
12        (f)  The  Board  shall  adopt  rules  setting  forth  the
13    criteria under which the  Agency  may  require  an  owner  or
14    operator  to  conduct  further  investigation  or remediation
15    related to a release  for  which  a  no  further  remediation
16    letter has been issued.
17        (g)  Holders  of  security  interests in sites subject to
18    the requirements of this Title XVI shall be entitled  to  the
19    same  protections  and  subject  to the same responsibilities
20    provided under general regulations promulgated under Subtitle
21    I of the Hazardous and Solid Waste Amendments of  1984  (P.L.
22    98-616) of the Resource Conservation and Recovery Act of 1976
23    (P.L. 94-580).
24    (Source:  P.A.  92-554,  eff.  6-24-02; 92-735, eff. 7-25-02;
25    revised 9-9-02.)

26        (415 ILCS 5/57.13)
27        Sec. 57.13. Underground Storage Tank Program; transition.
28        (a)  If  a  release  is  reported  to  the  proper  State
29    authority on or after June 24 September 13, 2002,  the  owner
30    or operator shall comply with the requirements of this Title.
31        (b)  If  a  release  is  reported  to  the  proper  State
32    authority  prior  to June 24 September 13, 2002, the owner or
33    operator of an underground storage tank may elect to  proceed
 
                            -375-    LRB093 05878 EFG 05971 b
 1    in   accordance  with  the  requirements  of  this  Title  by
 2    submitting  a  written  statement  to  the  Agency  of   such
 3    election.   If  the owner or operator elects to proceed under
 4    the  requirements  of  this  Title  all  costs  incurred   in
 5    connection  with  the incident prior to notification shall be
 6    reimbursable in the same manner as was  allowable  under  the
 7    then existing law. Completion of corrective action shall then
 8    follow the provisions of this Title.
 9    (Source:  P.A.  92-554,  eff.  6-24-02; 92-574, eff. 6-26-02;
10    revised 9-9-02.)

11        (415 ILCS 5/58.7)
12        Sec. 58.7. Review and approvals.
13        (a)  Requirements.   All  plans  and  reports  that   are
14    submitted  pursuant  to  this  Title  shall  be submitted for
15    review or approval in accordance with this Section.
16        (b)  Review and evaluation by the Agency.
17             (1)  Except for sites excluded under subdivision (a)
18        (2)  of  Section  58.1,  the  Agency  shall,  subject  to
19        available  resources,  agree  to   provide   review   and
20        evaluation  services  for activities carried out pursuant
21        to this Title for which the RA requested the services  in
22        writing.  As a condition for providing such services, the
23        Agency may require that the RA for a site:
24                  (A)  Conform with the procedures of this Title;
25                  (B)  Allow for or otherwise arrange site visits
26             or  other  site  evaluation  by  the  Agency when so
27             requested;
28                  (C)  Agree to perform the Remedial Action  Plan
29             as approved under this Title;
30                  (D)  Agree to pay any reasonable costs incurred
31             and  documented  by  the  Agency  in  providing such
32             services;
33                  (E)  Make an advance  partial  payment  to  the
 
                            -376-    LRB093 05878 EFG 05971 b
 1             Agency  for  such anticipated services in an amount,
 2             acceptable to the Agency, but not to  exceed  $5,000
 3             or  one-half  of  the total anticipated costs of the
 4             Agency, whichever sum is less; and
 5                  (F)  Demonstrate, if  necessary,  authority  to
 6             act  on  behalf  of  or  in  lieu  of  the  owner or
 7             operator.
 8             (2)  Any moneys received  by  the  State  for  costs
 9        incurred by the Agency in performing review or evaluation
10        services  for  actions  conducted  pursuant to this Title
11        shall be deposited in the Hazardous Waste Fund.
12             (3)  An RA requesting services under subdivision (b)
13        (1) of this Section may, at any time, notify the  Agency,
14        in writing, that Agency services previously requested are
15        no  longer  wanted.  Within 180 days after receipt of the
16        notice, the Agency shall provide  the  RA  with  a  final
17        invoice  for  services  provided  until  the date of such
18        notifications.
19             (4)  The Agency may invoice or otherwise request  or
20        demand payment from a RA for costs incurred by the Agency
21        in  performing  review or evaluation services for actions
22        by the RA at sites only if:
23                  (A)  The   Agency   has   incurred   costs   in
24             performing response actions, other  than  review  or
25             evaluation services, due to the failure of the RA to
26             take  response  action  in  accordance with a notice
27             issued pursuant to this Act;
28                  (B)  The  RA  has  agreed  in  writing  to  the
29             payment of such costs;
30                  (C)  The RA has been ordered to pay such  costs
31             by  the  Board  or a court of competent jurisdiction
32             pursuant to this Act; or
33                  (D)  The RA has requested or has  consented  to
34             Agency   review   or   evaluation   services   under
 
                            -377-    LRB093 05878 EFG 05971 b
 1             subdivision (b)  (1)   of this Section.
 2             (5)  The Agency may, subject to available resources,
 3        agree  to  provide  review  and  evaluation  services for
 4        response actions if there is a  written  agreement  among
 5        parties  to  a  legal  action or if a notice to perform a
 6        response action has been issued by the Agency.
 7        (c)  Review and evaluation  by  a  Licensed  Professional
 8    Engineer  or Licensed Professional Geologist.  A RA may elect
 9    to contract with a Licensed Professional Engineer or, in  the
10    case   of  a  site  investigation  report  only,  a  Licensed
11    Professional  Geologist,  who   will   perform   review   and
12    evaluation  services  on behalf of and under the direction of
13    the Agency relative to the site activities.
14             (1)  Prior to entering into the  contract  with  the
15        RELPEG,  the  RA shall notify the Agency of the RELPEG to
16        be selected.  The Agency and the  RA  shall  discuss  the
17        potential terms of the contract.
18             (2)  At  a  minimum,  the  contract  with the RELPEG
19        shall provide that the RELPEG  will  submit  any  reports
20        directly  to  the Agency, will take his or her directions
21        for work assignments from the Agency,  and  will  perform
22        the assigned work on behalf of the Agency.
23             (3)  Reasonable  costs  incurred by the Agency shall
24        be paid by the RA directly to the Agency  in   accordance
25        with  the  terms  of  the  review and evaluation services
26        agreement entered  into  under  subdivision  (b)  (1)  of
27        Section 58.7.
28             (4)  In  no  event shall the RELPEG acting on behalf
29        of the Agency be an employee of the RA or  the  owner  or
30        operator  of  the  site  or  be  an employee of any other
31        person the RA has contracted to provide services relative
32        to the site.
33        (d)  Review and approval.   All  reviews  required  under
34    this  Title  shall  be carried out by the Agency or a RELPEG,
 
                            -378-    LRB093 05878 EFG 05971 b
 1    both under the direction of a Licensed Professional  Engineer
 2    or, in the case of the review of a site investigation only, a
 3    Licensed Professional Geologist.
 4             (1)  All  review  activities conducted by the Agency
 5        or a RELPEG shall be carried out in conformance with this
 6        Title and rules promulgated under Section 58.11.
 7             (2)  Subject to the limitations  in  subsection  (c)
 8        and this subsection (d), the specific plans, reports, and
 9        activities  that  the  Agency  or  a  RELPEG  may  review
10        include:
11                  (A)  Site  Investigation  Reports  and  related
12             activities;
13                  (B)  Remediation Objectives Reports;
14                  (C)  Remedial    Action   Plans   and   related
15             activities; and
16                  (D)  Remedial  Action  Completion  Reports  and
17             related activities.
18             (3)  Only the Agency shall  have  the  authority  to
19        approve,  disapprove,  or approve with conditions  a plan
20        or report as a result of  the  review  process  including
21        those  plans  and  reports  reviewed by a RELPEG.  If the
22        Agency disapproves a plan or report or approves a plan or
23        report with conditions, the written notification required
24        by subdivision (d) (4) of this Section shall contain  the
25        following information, as applicable:
26                  (A)  An  explanation  of  the  Sections of this
27             Title that may be violated if the plan or report was
28             approved;
29                  (B)  An explanation of the  provisions  of  the
30             rules  promulgated  under  this  Title  that  may be
31             violated if the plan or report was approved;
32                  (C)  An explanation of  the  specific  type  of
33             information,  if  any,  that  the  Agency  deems the
34             applicant did not provide the Agency;
 
                            -379-    LRB093 05878 EFG 05971 b
 1                  (D)  A statement of specific  reasons  why  the
 2             Title  and  regulations might not be met if the plan
 3             or report were approved; and
 4                  (E)  An  explanation   of   the   reasons   for
 5             conditions if conditions are required.
 6             (4)  Upon approving, disapproving, or approving with
 7        conditions  a plan or report, the Agency shall notify the
 8        RA in writing of its decision.  In the case  of  approval
 9        or   approval   with  conditions  of  a  Remedial  Action
10        Completion Report, the Agency shall prepare a No  Further
11        Remediation Letter that meets the requirements of Section
12        58.10 and send a copy of the letter to the RA.
13             (5)  All  reviews  undertaken  by  the  Agency  or a
14        RELPEG shall be completed and the decisions  communicated
15        to  the  RA  within  60 days of the request for review or
16        approval.  The RA may waive the deadline upon  a  request
17        from  the  Agency.  If the Agency disapproves or approves
18        with conditions a plan or report  or  fails  to  issue  a
19        final  decision  within  the 60 day period and the RA has
20        not agreed to a waiver  of  the  deadline,  the  RA  may,
21        within  35 days, file an appeal to the Board.  Appeals to
22        the Board shall be in the manner provided for the  review
23        of permit decisions in Section 40 of this Act.
24        (e)  Standard  of  review.  In making determinations, the
25    following factors, and additional factors as may  be  adopted
26    by  the  Board  in  accordance  with  Section 58.11, shall be
27    considered by the Agency when reviewing or  approving  plans,
28    reports,   and   related  activities,  or  the  RELPEG,  when
29    reviewing plans, reports, and related activities:
30             (1)  Site   Investigation   Reports   and    related
31        activities:   Whether  investigations have been conducted
32        and  the  results  compiled  in   accordance   with   the
33        appropriate  procedures  and  whether the interpretations
34        and conclusions reached are supported by the  information
 
                            -380-    LRB093 05878 EFG 05971 b
 1        gathered.   In  making  the  determination, the following
 2        factors shall be considered:
 3                  (A)  The adequacy of  the  description  of  the
 4             site  and  site  characteristics  that  were used to
 5             evaluate the site;
 6                  (B)  The  adequacy  of  the  investigation   of
 7             potential pathways and risks to receptors identified
 8             at the site; and
 9                  (C)  The  appropriateness  of  the sampling and
10             analysis used.
11             (2)  Remediation  Objectives  Reports:  Whether  the
12        remediation   objectives   are   consistent   with    the
13        requirements  of  the  applicable method for selecting or
14        determining remediation objectives  under  Section  58.5.
15        In making the determination,  the following factors shall
16        be considered:
17                  (A)  If   the  objectives  were  based  on  the
18             determination  of  area  background   levels   under
19             subsection  (b)  of Section 58.5, whether the review
20             of current and historic  conditions  at  or  in  the
21             immediate vicinity of the site has been thorough and
22             whether  the  site  sampling  and  analysis has been
23             performed  in  a  manner   resulting   in   accurate
24             determinations;
25                  (B)  If  the  objectives were calculated on the
26             basis of predetermined equations using site specific
27             data,  whether  the  calculations  were   accurately
28             performed and whether the site specific data reflect
29             actual site conditions; and
30                  (C)  If  the objectives were determined using a
31             site specific risk assessment procedure, whether the
32             procedure  used   is   nationally   recognized   and
33             accepted,  whether  the calculations were accurately
34             performed,  and  whether  the  site  specific   data
 
                            -381-    LRB093 05878 EFG 05971 b
 1             reflect actual site conditions.
 2             (3)  Remedial  Action  Plans and related activities:
 3        Whether the plan will  result  in  compliance  with  this
 4        Title,  and  rules adopted under it and attainment of the
 5        applicable  remediation  objectives.    In   making   the
 6        determination, the following factors shall be considered:
 7                  (A)  The  likelihood  that the plan will result
 8             in the  attainment  of  the  applicable  remediation
 9             objectives;
10                  (B)  Whether   the   activities   proposed  are
11             consistent  with  generally   accepted   engineering
12             practices; and
13                  (C)  The  management  of  risk  relative to any
14             remaining contamination, including but  not  limited
15             to,   provisions   for  the  long-term  enforcement,
16             operation,  and  maintenance  of  institutional  and
17             engineering controls, if relied on.
18             (4)  Remedial Action Completion Reports and  related
19        activities:   Whether  the  remedial activities have been
20        completed in accordance with the approved Remedial Action
21        Plan and whether the  applicable  remediation  objectives
22        have been attained.
23        (f)  All  plans  and  reports  submitted for review shall
24    include a Licensed Professional Engineer's certification that
25    all investigations and remedial activities  were carried  out
26    under  his  or  her  direction and, to the best of his or her
27    knowledge and belief, the  work  described  in  the  plan  or
28    report  has  been  completed  in  accordance  with  generally
29    accepted engineering practices, and the information presented
30    is accurate and complete. In the case of a site investigation
31    report  prepared  or  supervised  by  a Licensed Professional
32    Geologist, the required certification  may  be  made  by  the
33    Licensed  Professional  Geologist  (rather  than  a  Licensed
34    Professional  Engineer)  and  based  upon  generally accepted
 
                            -382-    LRB093 05878 EFG 05971 b
 1    principles of professional geology.
 2        (g)  In accordance with Section 58.11, the  Agency  shall
 3    propose  and  the  Board  shall  adopt rules to carry out the
 4    purposes of this Section.  At  a  minimum,  the  rules  shall
 5    detail  the  types  of  services  the  Agency  may provide in
 6    response to  requests  under  subdivision  (b)  (1)  of  this
 7    Section  and the recordkeeping it will utilize in documenting
 8    to the RA the costs incurred by the Agency in providing  such
 9    services.
10        (h)  Public participation.
11             (1)  The  Agency  shall  develop  guidance to assist
12        RA's in the implementation of a community relations  plan
13        to  address  activity at sites undergoing remedial action
14        pursuant to this Title.
15             (2)  The RA  may elect  to  enter  into  a  services
16        agreement  with  the  Agency  for  Agency  assistance  in
17        community outreach efforts.
18             (3)  The  Agency  shall  maintain a registry listing
19        those sites undergoing remedial action pursuant  to  this
20        Title.
21             (4)  Notwithstanding any provisions of this Section,
22        the RA of a site undergoing remedial activity pursuant to
23        this  Title  may  elect  to initiate a community outreach
24        effort for the site.
25    (Source: P.A. 92-574, eff.  6-26-02;  92-735,  eff.  7-25-02;
26    revised 9-9-02.)

27        Section  45.   The Firearm Owners Identification Card Act
28    is amended by changing Section 4 as follows:

29        (430 ILCS 65/4) (from Ch. 38, par. 83-4)
30        Sec.  4.  (a)  Each  applicant  for  a  Firearm   Owner's
31    Identification Card must:
32             (1)  Make  application  on  blank forms prepared and
 
                            -383-    LRB093 05878 EFG 05971 b
 1        furnished at convenient locations throughout the State by
 2        the Department of State Police, or by  electronic  means,
 3        if  and  when  made  available by the Department of State
 4        Police; and
 5             (2)  Submit evidence  to  the  Department  of  State
 6        Police that:
 7                  (i)  He  or  she is 21 years of age or over, or
 8             if he or she is under 21 years of age that he or she
 9             has the written consent of  his  or  her  parent  or
10             legal  guardian  to possess and acquire firearms and
11             firearm ammunition and that he or she has never been
12             convicted of a  misdemeanor  other  than  a  traffic
13             offense  or  adjudged delinquent, provided, however,
14             that  such  parent  or  legal  guardian  is  not  an
15             individual prohibited from having a Firearm  Owner's
16             Identification  Card and files an affidavit with the
17             Department as prescribed by the  Department  stating
18             that  he or she is not an individual prohibited from
19             having a Card;
20                  (ii)  He or she has not  been  convicted  of  a
21             felony   under   the  laws  of  this  or  any  other
22             jurisdiction;
23                  (iii)  He or she is not addicted to narcotics;
24                  (iv)  He or she has not been  a  patient  in  a
25             mental institution within the past 5 years;
26                  (v)  He or she is not mentally retarded;
27                  (vi)  He   or  she  is  not  an  alien  who  is
28             unlawfully present in the United  States  under  the
29             laws of the United States;
30                  (vii)  He  or she is not subject to an existing
31             order of protection  prohibiting  him  or  her  from
32             possessing a firearm;
33                  (viii)  He or she has not been convicted within
34             the  past  5  years  of battery, assault, aggravated
 
                            -384-    LRB093 05878 EFG 05971 b
 1             assault, violation of an order of protection,  or  a
 2             substantially    similar    offense    in    another
 3             jurisdiction,   in  which  a  firearm  was  used  or
 4             possessed;
 5                  (ix)  He or  she  has  not  been  convicted  of
 6             domestic  battery or a substantially similar offense
 7             in another jurisdiction committed on  or  after  the
 8             effective date of this amendatory Act of 1997;
 9                  (x)  He  or  she  has not been convicted within
10             the  past  5  years  of  domestic   battery   or   a
11             substantially    similar    offense    in    another
12             jurisdiction  committed before the effective date of
13             this amendatory Act of 1997; and
14                  (xi)  He or she is not an alien  who  has  been
15             admitted  to the United States under a non-immigrant
16             visa (as that term is defined in Section  101(a)(26)
17             of  the  Immigration  and  Nationality Act (8 U.S.C.
18             1101(a)(26))), or that he or she is an alien who has
19             been lawfully admitted to the United States under  a
20             non-immigrant visa if that alien is:
21                       (1)  admitted  to  the  United  States for
22                  lawful hunting or sporting purposes;
23                       (2)  an  official  representative   of   a
24                  foreign government who is:
25                            (A)  accredited  to the United States
26                       Government or the Government's mission  to
27                       an  international  organization having its
28                       headquarters in the United States; or
29                            (B)  en  route  to  or  from  another
30                       country to which that alien is accredited;
31                       (3)  an official of a  foreign  government
32                  or  distinguished  foreign visitor who has been
33                  so designated by the Department of State;
34                       (4)  a foreign law enforcement officer  of
 
                            -385-    LRB093 05878 EFG 05971 b
 1                  a  friendly  foreign  government  entering  the
 2                  United States on official business; or
 3                       (5)  one  who  has  received a waiver from
 4                  the  Attorney  General  of  the  United  States
 5                  pursuant to 18 U.S.C. 922(y)(3); and
 6             (3)  Upon request by the Department of State Police,
 7        sign a release on a form prescribed by the Department  of
 8        State  Police  waiving  any  right to confidentiality and
 9        requesting the disclosure  to  the  Department  of  State
10        Police  of  limited  mental  health institution admission
11        information from another state, the District of Columbia,
12        any other territory of the United States,  or  a  foreign
13        nation  concerning  the applicant for the sole purpose of
14        determining whether the applicant is or was a patient  in
15        a  mental  health institution and disqualified because of
16        that   status   from   receiving   a   Firearm    Owner's
17        Identification  Card.  No mental health care or treatment
18        records may be requested.  The information received shall
19        be destroyed within one year of receipt.
20        (a-5)  Each   applicant    for    a    Firearm    Owner's
21    Identification  Card  who is over the age of 18 shall furnish
22    to the Department of State Police either his or her  driver's
23    license number or Illinois Identification Card number.
24        (a-10)  Each    applicant    for    a   Firearm   Owner's
25    Identification Card, who is employed  as  an  armed  security
26    officer at a nuclear energy, storage, weapons, or development
27    facility  regulated  by the Nuclear Regulatory Commission and
28    who is  not  an  Illinois  resident,  shall  furnish  to  the
29    Department of State Police his or her driver's license number
30    or  state identification card number from his or her state of
31    residence.  The Department of  State  Police  may  promulgate
32    rules to enforce the provisions of this subsection (a-10).
33        (b)  Each  application  form  shall include the following
34    statement printed in  bold  type:  "Warning:  Entering  false
 
                            -386-    LRB093 05878 EFG 05971 b
 1    information   on   an   application  for  a  Firearm  Owner's
 2    Identification Card is punishable as  a  Class  2  felony  in
 3    accordance with subsection (d-5) of Section 14 of the Firearm
 4    Owners Identification Card Act.".
 5        (c)  Upon  such  written  consent, pursuant to Section 4,
 6    paragraph (a)(2)(i), the parent or legal guardian giving  the
 7    consent  shall  be  liable for any damages resulting from the
 8    applicant's use of firearms or firearm ammunition.
 9    (Source: P.A. 91-514,  eff.  1-1-00;  91-694,  eff.  4-13-00;
10    92-442,  eff.  8-17-01;  92-839,  eff.  8-22-02; 92-854, eff.
11    12-5-02; revised 12-30-02.)

12        Section 46.  The Humane Care for Animals Act  is  amended
13    by changing Sections 4.01, 4.04, and 16 as follows:

14        (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
15        Sec.  4.01.  Animals in entertainment.  This Section does
16    not apply when the only animals involved are dogs.   (Section
17    26-5  of the Criminal Code of 1961, rather than this Section,
18    applies when the only animals involved are dogs.)
19        (a)  No person may own, capture, breed, train,  or  lease
20    any  animal  which he or she knows or should know is intended
21    for use in any show, exhibition, program, or  other  activity
22    featuring  or otherwise involving a fight between such animal
23    and any other animal or human, or the intentional killing  of
24    any   animal   for   the   purpose  of  sport,  wagering,  or
25    entertainment.
26        (b)  No  person  shall  promote,   conduct,   carry   on,
27    advertise, collect money for or in any other manner assist or
28    aid  in  the presentation for purposes of sport, wagering, or
29    entertainment,  any  show,  exhibition,  program,  or   other
30    activity  involving  a fight between 2 or more animals or any
31    animal and human, or the intentional killing of any animal.
32        (c)  No person  shall  sell  or  offer  for  sale,  ship,
 
                            -387-    LRB093 05878 EFG 05971 b
 1    transport,  or  otherwise  move,  or  deliver  or receive any
 2    animal which  he  or  she  knows  or  should  know  has  been
 3    captured, bred, or trained, or will be used, to fight another
 4    animal  or  human or be intentionally killed, for the purpose
 5    of sport, wagering, or entertainment.
 6        (d)  No person  shall  manufacture  for  sale,  shipment,
 7    transportation or delivery any device or equipment which that
 8    person  knows or should know is intended for use in any show,
 9    exhibition, program, or other activity featuring or otherwise
10    involving a fight between 2 or more animals, or any human and
11    animal, or the intentional killing of any animal for purposes
12    of sport, wagering or entertainment.
13        (e)  No person shall own,  possess,  sell  or  offer  for
14    sale,  ship,  transport,  or  otherwise move any equipment or
15    device which such person knows or should know is intended for
16    use in connection with  any  show,  exhibition,  program,  or
17    activity  featuring  or otherwise involving a fight between 2
18    or more animals, or any animal and human, or the  intentional
19    killing  of  any  animal  for  purposes of sport, wagering or
20    entertainment.
21        (f)  No person shall make available any site,  structure,
22    or  facility,  whether enclosed or not, which he or she knows
23    or should know is intended to be  used  for  the  purpose  of
24    conducting  any  show, exhibition, program, or other activity
25    involving a fight between 2 or more animals,  or  any  animal
26    and human, or the intentional killing of any animal.
27        (g)  No  person  shall  attend or otherwise patronize any
28    show, exhibition, program, or  other  activity  featuring  or
29    otherwise involving a fight between 2 or more animals, or any
30    animal  and  human,  or the intentional killing of any animal
31    for the purposes of sport, wagering or entertainment.
32        (h)  (Blank).
33        (i)  Any animals or equipment involved in a violation  of
34    this  Section shall be immediately seized and impounded under
 
                            -388-    LRB093 05878 EFG 05971 b
 1    Section 12 by  the  Department  when  located  at  any  show,
 2    exhibition, program, or other activity featuring or otherwise
 3    involving   an  animal  fight  for  the  purposes  of  sport,
 4    wagering, or entertainment.
 5        (j)  Any  vehicle  or  conveyance  other  than  a  common
 6    carrier that is used in violation of this  Section  shall  be
 7    seized,  held,  and offered for sale at public auction by the
 8    sheriff's department of  the  proper  jurisdiction,  and  the
 9    proceeds  from the sale shall be remitted to the general fund
10    of the county where the violation took place.
11        (k)  Any veterinarian in this State who is presented with
12    an animal for treatment of injuries or wounds resulting  from
13    fighting  where  there  is  a reasonable possibility that the
14    animal was engaged in or utilized for a  fighting  event  for
15    the  purposes of sport, wagering, or entertainment shall file
16    a report with the Department and cooperate by furnishing  the
17    owners'  names,  dates,  and  descriptions  of  the animal or
18    animals  involved.   Any  veterinarian  who  in  good   faith
19    complies   with  the  requirements  of  this  subsection  has
20    immunity from any liability, civil, criminal,  or  otherwise,
21    that may result from his or her actions.  For the purposes of
22    any  proceedings,  civil  or  criminal, the good faith of the
23    veterinarian shall be rebuttably presumed.
24        (l)  No person shall solicit  a  minor  to  violate  this
25    Section.
26        (m)  The  penalties  for violations of this Section shall
27    be as follows:
28             (1)  A person convicted of violating subsection (a),
29        (b), or (c) of this Section or any rule,  regulation,  or
30        order  of  the Department pursuant thereto is guilty of a
31        Class A misdemeanor for the first offense.  A  second  or
32        subsequent  offense involving the violation of subsection
33        (a), (b), or (c) of this Section or any rule, regulation,
34        or order of the Department pursuant thereto is a Class  4
 
                            -389-    LRB093 05878 EFG 05971 b
 1        felony.
 2             (2)  A person convicted of violating subsection (d),
 3        (e),  or  (f) of this Section or any rule, regulation, or
 4        order of the Department pursuant thereto is guilty  of  a
 5        Class  A  misdemeanor for the first offense.  A second or
 6        subsequent violation is a Class 4 felony.
 7             (3)  A person convicted of violating subsection  (g)
 8        of  this Section or any rule, regulation, or order of the
 9        Department pursuant  thereto  is  guilty  of  a  Class  C
10        misdemeanor.
11             (4)  A  person convicted of violating subsection (l)
12        of this Section is guilty of a Class A misdemeanor.
13    (Source: P.A.  92-425,  eff.  1-1-02;  92-454,  eff.  1-1-02;
14    92-650,   eff.   7-11-02;   92-651,   eff.  7-11-02;  revised
15    11-21-02.)

16        (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
17        Sec. 4.04.   Injuring or killing police animals,  service
18    animals,  or  search and rescue dogs prohibited.  It shall be
19    unlawful for any person to willfully or maliciously  torture,
20    mutilate,  injure,  disable,  poison,  or kill (i) any animal
21    used by  a  law  enforcement  department  or  agency  in  the
22    performance  of  the functions or duties of the department or
23    agency or when placed  in  confinement  off  duty,  (ii)  any
24    service  animal, (iii) any search and rescue dog, or (iv) any
25    law enforcement, service, or  search  and  rescue  animal  in
26    training.   However,  a  police  officer  or veterinarian may
27    perform euthanasia in emergency situations when  delay  would
28    cause the animal undue suffering and pain.
29        A person convicted of violating this Section is guilty of
30    a Class 4 felony A misdemeanor if the animal is not killed or
31    totally   disabled;  if  the  animal  is  killed  or  totally
32    disabled, the person is guilty of a Class 3 Class 4 felony.
33    (Source: P.A. 91-357,  eff.  7-29-99;  92-454,  eff.  1-1-02;
 
                            -390-    LRB093 05878 EFG 05971 b
 1    92-650,  eff.  7-11-02;  incorporates  92-723,  eff.  1-1-03;
 2    revised 10-3-02.)

 3        (510 ILCS 70/16) (from Ch. 8, par. 716)
 4        Sec.    16.  Miscellaneous    violations;    injunctions;
 5    forfeiture.
 6        (a)  (Blank).
 7        (b)  (Blank). 4 felony 3
 8        (c)  Any  person convicted of any act of abuse or neglect
 9    for which no other penalty is specified in this  Act,  or  of
10    violating  any  other  provision  of  this  Act  or any rule,
11    regulation, or order of the Department pursuant  thereto  for
12    which no other penalty is specified in this Act, is guilty of
13    a  Class  B misdemeanor for the first violation.  A second or
14    subsequent violation is a Class 4 felony, with every day that
15    a violation continues constituting a separate offense.
16        (d)  (Blank).
17        (e)  (Blank).
18        (f)  The Department may enjoin a person from a continuing
19    violation of this Act.
20        (g)  (Blank).
21        (h)  (Blank).
22        (i)  In addition to any other penalty  provided  by  law,
23    upon  conviction for violating Section 3, 3.01, 3.02, or 3.03
24    the court may order the convicted person  to  forfeit  to  an
25    animal  control  or animal shelter the animal or animals that
26    are  the  basis  of  the  conviction.   Upon  an   order   of
27    forfeiture,   the   convicted   person   is  deemed  to  have
28    permanently relinquished all rights to the animal or  animals
29    that  are  the basis of the conviction.  The forfeited animal
30    or animals shall be adopted or humanely  euthanized.   In  no
31    event  may  the convicted person or anyone residing in his or
32    her household be permitted to adopt the forfeited  animal  or
33    animals.    The  court,  additionally,  may  order  that  the
 
                            -391-    LRB093 05878 EFG 05971 b
 1    convicted person and persons dwelling in the  same  household
 2    as  the  convicted person who conspired, aided, or abetted in
 3    the unlawful act that was the basis of the conviction, or who
 4    knew or should have known of the unlawful act, may  not  own,
 5    harbor, or have custody or control of any other animals for a
 6    period of time that the court deems reasonable.
 7    (Source:  P.A.  91-291,  eff.  1-1-00;  91-351, eff. 7-29-99;
 8    91-357, eff.  7-29-99;  92-16,  eff.  6-28-01;  92-425,  eff.
 9    1-1-02;  92-454,  eff.  1-1-02; 92-650, eff. 7-11-02; 92-651,
10    eff. 7-11-02; 92-723, eff. 1-1-03; revised 10-3-02.)

11        Section 47.  The Illinois  Highway  Code  is  amended  by
12    changing Section 5-701.2 as follows;

13        (605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
14        Sec. 5-701.2.  Any county board, with the approval of the
15    Department,  may also use motor fuel tax money allotted to it
16    for construction of State highways within the county.
17    (Source: Laws 1959, p. 196; revised 11-05-02.)

18        Section 48.  The Illinois  Vehicle  Code  is  amended  by
19    changing  Sections  3-412, 3-413, 3-621, 3-622, 3-625, 3-803,
20    6-206, 6-500, 11-605, 11-1201, 12-215,  and  18b-105  and  by
21    setting  forth  and renumbering multiple versions of Sections
22    3-648, 3-653, and 3-654 as follows:

23        (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
24        (Text of Section before amendment by P.A. 92-629)
25        Sec.   3-412.  Registration   plates   and   registration
26    stickers to be furnished by the Secretary of State.
27        (a)  The Secretary of State upon  registering  a  vehicle
28    subject  to  annual  registration  for  the first time  shall
29    issue  or  shall  cause  to  be  issued  to  the  owner   one
30    registration  plate  for  a motorcycle, trailer, semitrailer,
 
                            -392-    LRB093 05878 EFG 05971 b
 1    motorized pedalcycle or truck-tractor, 2 registration  plates
 2    for  other  motor  vehicles  and,  where  applicable, current
 3    registration  stickers  for  motor  vehicles  of  the   first
 4    division.   The  provisions  of  this  Section  may  be  made
 5    applicable  to  such  vehicles of the second division, as the
 6    Secretary of State may, from time to time, in his  discretion
 7    designate.   On  subsequent  annual  registrations during the
 8    term  of  the  registration  plate  as  provided  in  Section
 9    3-414.1, the Secretary shall issue  or  cause  to  be  issued
10    registration  stickers  as  evidence of current registration.
11    However, the issuance  of  annual  registration  stickers  to
12    vehicles  registered  under the provisions of Section 3-402.1
13    of this Code may not be required if the Secretary  deems  the
14    issuance unnecessary.
15        (b)  Every  registration  plate shall have displayed upon
16    it the registration number assigned to the vehicle for  which
17    it   is  issued,  the  name  of  this  State,  which  may  be
18    abbreviated, the year number for which it was  issued,  which
19    may  be  abbreviated, the phrase "Land of Lincoln" (except as
20    otherwise provided in this Chapter 3), and such other letters
21    or numbers as the Secretary  may  prescribe.    However,  for
22    apportionment  plates  issued  to  vehicles  registered under
23    Section 3-402.1, the phrase "Land of Lincoln" may be  omitted
24    to  allow  for  the  word "apportioned" to be displayed.  The
25    Secretary may in his discretion  prescribe  that  letters  be
26    used  as  prefixes  only  on  registration  plates  issued to
27    vehicles of the first division  which  are  registered  under
28    this  Code and only as suffixes on registration plates issued
29    to other vehicles.   Every  registration  sticker  issued  as
30    evidence  of  current  registration  shall designate the year
31    number for which it is  issued  and  such  other  letters  or
32    numbers  as  the  Secretary  may  prescribe and shall be of a
33    contrasting  color   with   the   registration   plates   and
34    registration stickers of the previous year.
 
                            -393-    LRB093 05878 EFG 05971 b
 1        (c)  Each registration plate and the required letters and
 2    numerals  thereon,  except  the year number for which issued,
 3    shall be of sufficient size to be  plainly  readable  from  a
 4    distance  of  100  feet  during daylight, and shall be coated
 5    with reflectorizing material.  The dimensions  of  the  plate
 6    issued  to  vehicles  of  the first division shall be 6 by 12
 7    inches.
 8        (d)  The  Secretary  of  State  shall  issue  for   every
 9    passenger motor vehicle rented without a driver the same type
10    of  registration  plates  as  the type of plates issued for a
11    private passenger vehicle.
12        (e)  The  Secretary  of  State  shall  issue  for   every
13    passenger  car  used  as  a  taxicab  or  livery, distinctive
14    registration plates.
15        (f)  The  Secretary  of  State  shall  issue  for   every
16    motorcycle  distinctive  registration  plates  distinguishing
17    between  motorcycles  having  150  or  more cubic centimeters
18    piston displacement, or having less than 150 cubic centimeter
19    piston displacement.
20        (g)  Registration plates issued to vehicles for-hire  may
21    display  a  designation  as  determined by the Secretary that
22    such vehicles are for-hire.
23        (h)  The Secretary of State shall issue for each electric
24    vehicle   distinctive   registration   plates   which   shall
25    distinguish  between  electric  vehicles  having  a   maximum
26    operating speed of 45 miles per hour or more and those having
27    a maximum operating speed of less than 45 miles per hour.
28        (i)  The  Secretary of State shall issue for every public
29    and private ambulance  registration  plates  identifying  the
30    vehicle  as an ambulance.  The Secretary shall forward to the
31    Department of Public Aid  registration  information  for  the
32    purpose  of  verification of claims filed with the Department
33    by ambulance  owners  for  payment  for  services  to  public
34    assistance recipients.
 
                            -394-    LRB093 05878 EFG 05971 b
 1        (j)  The  Secretary of State shall issue for every public
 2    and  private  medical  carrier  or  rescue   vehicle   livery
 3    registration  plates  displaying  numbers  within  ranges  of
 4    numbers reserved respectively for medical carriers and rescue
 5    vehicles.   The  Secretary shall forward to the Department of
 6    Public  Aid  registration  information  for  the  purpose  of
 7    verification of claims filed with the Department by owners of
 8    medical carriers or rescue vehicles for payment for  services
 9    to public assistance recipients.
10    (Source: P.A. 92-651, eff. 7-11-02.)

11        (Text of Section after amendment by P.A. 92-629)
12        Sec.   3-412.  Registration   plates   and   registration
13    stickers to be furnished by the Secretary of State.
14        (a)  The  Secretary  of  State upon registering a vehicle
15    subject to annual registration  for  the  first  time   shall
16    issue   or  shall  cause  to  be  issued  to  the  owner  one
17    registration plate for a  motorcycle,  trailer,  semitrailer,
18    motorized  pedalcycle or truck-tractor, 2 registration plates
19    for other  motor  vehicles  and,  where  applicable,  current
20    registration   stickers  for  motor  vehicles  of  the  first
21    division.   The  provisions  of  this  Section  may  be  made
22    applicable to such vehicles of the second  division,  as  the
23    Secretary  of State may, from time to time, in his discretion
24    designate.  On subsequent  annual  registrations  during  the
25    term  of  the  registration  plate  as  provided  in  Section
26    3-414.1,  the  Secretary  shall  issue  or cause to be issued
27    registration stickers as evidence  of  current  registration.
28    However,  the  issuance  of  annual  registration stickers to
29    vehicles registered under the provisions of Sections  3-402.1
30    and 3-405.3 of this Code may not be required if the Secretary
31    deems the issuance unnecessary.
32        (b)  Every  registration  plate shall have displayed upon
33    it the registration number assigned to the vehicle for  which
34    it   is  issued,  the  name  of  this  State,  which  may  be
 
                            -395-    LRB093 05878 EFG 05971 b
 1    abbreviated, the year number for which it was  issued,  which
 2    may  be  abbreviated, the phrase "Land of Lincoln" (except as
 3    otherwise provided in this Code Chapter 3),  and  such  other
 4    letters  or numbers as the Secretary may prescribe.  However,
 5    for apportionment plates issued to vehicles registered  under
 6    Section   3-402.1   and   fleet  plates  issued  to  vehicles
 7    registered  under  Section  3-405.3,  the  phrase  "Land   of
 8    Lincoln"  may be omitted to allow for the word "apportioned",
 9    the word "fleet", or other similar language to be  displayed.
10    Registration plates issued to a vehicle registered as a fleet
11    vehicle   may   display   a  designation  determined  by  the
12    Secretary.
13        The  Secretary  may  in  his  discretion  prescribe  that
14    letters be used  as  prefixes  only  on  registration  plates
15    issued to vehicles of the first division which are registered
16    under  this  Code and only as suffixes on registration plates
17    issued to other vehicles.  Every registration sticker  issued
18    as  evidence of current registration shall designate the year
19    number for which it is  issued  and  such  other  letters  or
20    numbers  as  the  Secretary  may  prescribe and shall be of a
21    contrasting  color   with   the   registration   plates   and
22    registration stickers of the previous year.
23        (c)  Each registration plate and the required letters and
24    numerals  thereon,  except  the year number for which issued,
25    shall be of sufficient size to be  plainly  readable  from  a
26    distance  of  100  feet  during daylight, and shall be coated
27    with reflectorizing material.  The dimensions  of  the  plate
28    issued  to  vehicles  of  the first division shall be 6 by 12
29    inches.
30        (d)  The  Secretary  of  State  shall  issue  for   every
31    passenger motor vehicle rented without a driver the same type
32    of  registration  plates  as  the type of plates issued for a
33    private passenger vehicle.
34        (e)  The  Secretary  of  State  shall  issue  for   every
 
                            -396-    LRB093 05878 EFG 05971 b
 1    passenger  car  used  as  a  taxicab  or  livery, distinctive
 2    registration plates.
 3        (f)  The  Secretary  of  State  shall  issue  for   every
 4    motorcycle  distinctive  registration  plates  distinguishing
 5    between  motorcycles  having  150  or  more cubic centimeters
 6    piston displacement, or having less than 150 cubic centimeter
 7    piston displacement.
 8        (g)  Registration plates issued to vehicles for-hire  may
 9    display  a  designation  as  determined by the Secretary that
10    such vehicles are for-hire.
11        (h)  The Secretary of State shall issue for each electric
12    vehicle   distinctive   registration   plates   which   shall
13    distinguish  between  electric  vehicles  having  a   maximum
14    operating speed of 45 miles per hour or more and those having
15    a maximum operating speed of less than 45 miles per hour.
16        (i)  The  Secretary of State shall issue for every public
17    and private ambulance  registration  plates  identifying  the
18    vehicle  as an ambulance.  The Secretary shall forward to the
19    Department of Public Aid  registration  information  for  the
20    purpose  of  verification of claims filed with the Department
21    by ambulance  owners  for  payment  for  services  to  public
22    assistance recipients.
23        (j)  The  Secretary of State shall issue for every public
24    and  private  medical  carrier  or  rescue   vehicle   livery
25    registration  plates  displaying  numbers  within  ranges  of
26    numbers reserved respectively for medical carriers and rescue
27    vehicles.   The  Secretary shall forward to the Department of
28    Public  Aid  registration  information  for  the  purpose  of
29    verification of claims filed with the Department by owners of
30    medical carriers or rescue vehicles for payment for  services
31    to public assistance recipients.
32    (Source:  P.A.  92-629,  eff.  7-1-03;  92-651, eff. 7-11-02;
33    revised 8-14-02.)
 
                            -397-    LRB093 05878 EFG 05971 b
 1        (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
 2        Sec. 3-413.  Display of registration plates, registration
 3    stickers and drive-away permits.
 4        (a)  Registration plates issued for a motor vehicle other
 5    than  a  motorcycle,  trailer,  semitrailer,   truck-tractor,
 6    apportioned  bus,  or  apportioned  truck  shall  be attached
 7    thereto,  one  in  the  front  and  one  in  the  rear.   The
 8    registration  plate  issued  for  a  motorcycle,  trailer  or
 9    semitrailer required  to  be  registered  hereunder  and  any
10    apportionment  plate  issued to a bus under the provisions of
11    this  Code  shall  be  attached  to  the  rear  thereof.  The
12    registration  plate  issued  for  a   truck-tractor   or   an
13    apportioned  truck  required to be registered hereunder shall
14    be attached to the front thereof.
15        (b)  Every registration  plate  shall  at  all  times  be
16    securely fastened in a horizontal position to the vehicle for
17    which  it  is issued so as to prevent the plate from swinging
18    and at a height of not less than 5 inches  from  the  ground,
19    measuring  from  the  bottom  of  such  plate, in a place and
20    position to be clearly visible and shall be maintained  in  a
21    condition to be clearly legible, free from any materials that
22    would  obstruct  the visibility of the plate,  including, but
23    not limited to,  glass  covers  and  tinted  plastic  covers.
24    Clear  plastic  covers are permissible as long as they remain
25    clear and do not  obstruct  the  visibility  of  the  plates.
26    Registration  stickers  issued  as evidence of renewed annual
27    registration shall be  attached  to  registration  plates  as
28    required by the Secretary of State, and be clearly visible at
29    all times.
30        (c)  Every drive-away permit issued pursuant to this Code
31    shall  be  firmly attached to the motor vehicle in the manner
32    prescribed by the Secretary of State.  If a drive-away permit
33    is affixed to a motor vehicle in any other manner the  permit
34    shall be void and of no effect.
 
                            -398-    LRB093 05878 EFG 05971 b
 1        (d)  The  Illinois  prorate  decal  issued  to  a foreign
 2    registered vehicle part of a fleet  prorated  or  apportioned
 3    with Illinois, shall be displayed on a registration plate and
 4    displayed  on the front of such vehicle in the same manner as
 5    an Illinois registration plate.
 6        (e)  The registration plate  issued  for  a  camper  body
 7    mounted  on  a  truck displaying registration plates shall be
 8    attached to the rear of the camper body.
 9        (f)  No person shall operate a vehicle,  nor  permit  the
10    operation  of  a vehicle, upon which is displayed an Illinois
11    registration plate, plates or registration stickers after the
12    termination of the registration period for  which  issued  or
13    after  the expiration date set pursuant to Sections 3-414 and
14    3-414.1 of this Code.
15    (Source: P.A. 92-668,  eff.  1-1-03;  92-680,  eff.  7-16-02;
16    revised 10-2-02.)

17        (625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621)
18        Sec.   3-621.  The   Secretary,   upon   receipt   of  an
19    application, made in the form prescribed by the Secretary  of
20    State,  may  issue to members of the Illinois National Guard,
21    and to Illinois residents who are either  former  members  of
22    the  Illinois  National  Guard  or  the  surviving spouses of
23    Illinois National Guard members, special registration plates.
24    The special plates issued pursuant to this Section  shall  be
25    affixed  only  to  passenger  vehicles of the first division,
26    motorcycles,  or  motor  vehicles  of  the  second   division
27    weighing  not more than 8,000 pounds subject to the staggered
28    registration system.
29        The design and color  of  such  plates  shall  be  wholly
30    within the discretion of the Secretary of State.
31    (Source:  P.A.  92-545, eff. 6-12-02; 92-699, 1-1-03; revised
32    8-23-02.)
 
                            -399-    LRB093 05878 EFG 05971 b
 1        (625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622)
 2        Sec.  3-622.   The  Secretary,   upon   receipt   of   an
 3    application  made  in the form prescribed by the Secretary of
 4    State, may issue to members of the United States Armed Forces
 5    Reserves who reside in Illinois, and  to  Illinois  residents
 6    who  are  either  former  members  of the United States Armed
 7    Forces Reserves or the surviving  spouses  of  United  States
 8    Armed Forces Reserve members who resided in Illinois, special
 9    registration  plates.   The special plates issued pursuant to
10    this Section shall be affixed only to passenger  vehicles  of
11    the  first  division,  motorcycles,  or motor vehicles of the
12    second division weighing not more than 8,000  pounds  subject
13    to  the  staggered registration system.  The design and color
14    of such plates shall be wholly within the discretion  of  the
15    Secretary of State.
16    (Source:  P.A.  92-545,  eff.  6-12-02;  92-699, eff. 1-1-03;
17    revised 8-23-02.)

18        (625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625)
19        Sec. 3-625.  Pearl Harbor Plates.   The  Secretary,  upon
20    receipt  of an application made in the form prescribed by the
21    Secretary of State, may issue special registration plates  to
22    any Illinois resident who, while a member of the armed forces
23    of  the  United  States,  participated in the battle of Pearl
24    Harbor on December 7, 1941, or to the widowed spouse  of  any
25    Illinois  resident who, while a member of the armed forces of
26    the United States, participated in the battle of Pearl Harbor
27    on December 7, 1941, provided that  the  widowed  spouse  was
28    married to the battle of Pearl Harbor participant at the time
29    of the participant's death and is a single person at the time
30    of  application.   The special plates issued pursuant to this
31    Section should be affixed only to passenger vehicles  of  the
32    1st  division,  motorcycles,  or  motor  vehicles  of the 2nd
33    division weighing not more than 8,000 pounds.
 
                            -400-    LRB093 05878 EFG 05971 b
 1        The design and color  of  such  plates  shall  be  wholly
 2    within the discretion of the Secretary of State.  Appropriate
 3    documentation,  as  determined  by  the  Secretary,  and  the
 4    appropriate registration fee shall accompany the application.
 5    (Source:  P.A.  92-545,  eff.  6-12-02;  92-699, eff. 1-1-03;
 6    revised 8-23-02.)

 7        (625 ILCS 5/3-648)
 8        Sec. 3-648.  Education license plates.
 9        (a)  The Secretary, upon receipt of an  application  made
10    in  the  form  prescribed by the Secretary, may issue special
11    registration plates designated as Education  license  plates.
12    The special plates issued under this Section shall be affixed
13    only  to  passenger  vehicles of the first division and motor
14    vehicles of the second division weighing not more than  8,000
15    pounds.   Plates  issued  under  this  Section  shall  expire
16    according  to the multi-year procedure established by Section
17    3-414.1 of this Code.
18        (b)  The  design  and  color  of  the  plates  shall   be
19    determined by a contest that every elementary school pupil in
20    the  State  of  Illinois  is  eligible  to enter. The designs
21    submitted for the contest shall be judged  on  September  30,
22    2002, and the winning design shall be selected by a committee
23    composed  of  the  Secretary, the Director of State Police, 2
24    members of the Senate, one member chosen by the President  of
25    the  Senate  and  one  member  chosen  by the Senate Minority
26    Leader, and 2 members of the House  of  Representatives,  one
27    member  chosen  by  the  Speaker  of the House and one member
28    chosen by the House Minority Leader. The Secretary may  allow
29    the  plates  to  be  issued  as vanity or personalized plates
30    under Section 3-405.1  of  the  Code.   The  Secretary  shall
31    prescribe  stickers or decals as provided under Section 3-412
32    of this Code.
33        (c)  An applicant for the special plate shall be  charged
 
                            -401-    LRB093 05878 EFG 05971 b
 1    a   $40  fee  for  original  issuance,  in  addition  to  the
 2    appropriate registration fee. Of this $40 additional original
 3    issuance fee, $15 shall be deposited into  the  Secretary  of
 4    State Special License Plate Fund, to be used by the Secretary
 5    to  help  defray the administrative processing costs, and $25
 6    shall be deposited into the  Illinois  Future  Teacher  Corps
 7    Scholarship  Fund.    For each registration renewal period, a
 8    $40 fee, in addition to  the  appropriate  registration  fee,
 9    shall  be  charged.  Of  this  $40 additional renewal fee, $2
10    shall be  deposited  into  the  Secretary  of  State  Special
11    License  Plate  Fund  and  $38  shall  be  deposited into the
12    Illinois Future Teacher Corps Scholarship Fund.  Each  fiscal
13    year, once deposits from the additional original issuance and
14    renewal  fees  into  the  Secretary  of State Special License
15    Plate Fund have reached $500,000, all  the  amounts  received
16    for  the  additional  fees for the balance of the fiscal year
17    shall be deposited into the  Illinois  Future  Teacher  Corps
18    Scholarship Fund.
19        (d)  The  Illinois  Future Teacher Corps Scholarship Fund
20    is  created  as  a  special  fund  in  the  State   treasury.
21    Ninety-five  percent  of  the  moneys  in the Illinois Future
22    Teacher Corps Scholarship Fund shall be appropriated  to  the
23    Illinois Student Assistance Commission for scholarships under
24    Section   52   or  65.65  of  the  Higher  Education  Student
25    Assistance Act, and 5% of the moneys in the  Illinois  Future
26    Teacher  Corps  Scholarship Fund shall be appropriated to the
27    State Board of Education  for  grants  to  the  Golden  Apple
28    Foundation   for   Excellence   in   Teaching,  a  recognized
29    charitable organization that meets the requirements of  Title
30    26, Section 501(c)(3) of the United States Code.
31    (Source: P.A.  92-445,  eff.  8-17-01;  92-651, eff. 7-11-02;
32    92-845, eff. 1-1-03.)

33        (625 ILCS 5/3-653)
 
                            -402-    LRB093 05878 EFG 05971 b
 1        Sec. 3-653.  Pet Friendly license plates.
 2        (a)  The Secretary, upon receipt of an  application  made
 3    in  the  form  prescribed by the Secretary, may issue special
 4    registration  plates  designated  as  Pet  Friendly   license
 5    plates.   The  special plates issued under this Section shall
 6    be affixed only to passenger vehicles of the first  division,
 7    motor  vehicles of the second division weighing not more than
 8    8,000 pounds, and recreational vehicles as defined in Section
 9    1-169 of this Code.  Plates issued under this  Section  shall
10    expire  according  to the multi-year procedure established by
11    Section 3-414.1 of this Code.
12        (b)  The design and color of the plates is wholly  within
13    the discretion of the Secretary, except that the phrase "I am
14    pet  friendly"  shall  be  on  the plates.  The Secretary may
15    allow  the  plates  to  be  issued  as   vanity   plates   or
16    personalized  plates  under Section 3-405.1 of the Code.  The
17    Secretary shall prescribe  stickers  or  decals  as  provided
18    under Section 3-412 of this Code.
19        (c)  An  applicant for the special plate shall be charged
20    a  $40  fee  for  original  issuance  in  addition   to   the
21    appropriate  registration  fee.   Of this additional fee, $25
22    shall be deposited into the Pet Overpopulation  Control  Fund
23    and  $15  shall  be  deposited  into  the  Secretary of State
24    Special License Plate Fund, to be used by  the  Secretary  to
25    help defray the administrative processing costs.
26        For  each  registration  renewal  period,  a  $27 fee, in
27    addition  to  the  appropriate  registration  fee,  shall  be
28    charged.  Of this additional fee, $25 shall be deposited into
29    the Pet Overpopulation Control Fund and $2 shall be deposited
30    into the Secretary of State Special License Plate Fund.
31        (d)  The Pet Overpopulation Control Fund is created as  a
32    special  fund  in  the State treasury.  All moneys in the Pet
33    Overpopulation  Control  Fund  shall  be  paid,  subject   to
34    appropriation  by  the  General  Assembly and approval by the
 
                            -403-    LRB093 05878 EFG 05971 b
 1    Secretary, as grants to humane societies exempt from  federal
 2    income  taxation  under  Section  501(c)(3)  of  the Internal
 3    Revenue Code to be used solely for the  humane  sterilization
 4    of  dogs  and  cats  in  the State of Illinois.  In approving
 5    grants  under  this  subsection  (d),  the  Secretary   shall
 6    consider recommendations for grants made by a volunteer board
 7    appointed  by  the Secretary that shall consist of 5 Illinois
 8    residents who are officers or directors of  humane  societies
 9    operating in different regions in Illinois.
10    (Source: P.A. 92-520, eff. 6-1-02; 92-651, eff. 7-11-02.)

11        (625 ILCS 5/3-654)
12        Sec.  3-654. Illinois Public Broadcasting System Stations
13    special license plates.
14        (a)  The Secretary, upon receipt of all  applicable  fees
15    and   applications   made  in  the  form  prescribed  by  the
16    Secretary, may issue special registration  plates  designated
17    as  Illinois  Public  Broadcasting  System  Stations  special
18    license plates.  The special plates issued under this Section
19    shall  be  affixed  only  to  passenger vehicles of the first
20    division or motor vehicles of the  second  division  weighing
21    not more than 8,000 pounds.  Plates issued under this Section
22    shall   expire   according   to   the   multi-year  procedure
23    established by Section 3-414.1 of this Code.
24        (b)  The design and color of the special plates shall  be
25    wholly   within  the  discretion  of  the  Secretary.     The
26    Secretary may, in his or her discretion, allow the plates  to
27    be issued as vanity or personalized plates in accordance with
28    Section 3-405.1 of this Code.  The plates are not required to
29    designate  "Land of Lincoln", as prescribed in subsection (b)
30    of Section 3-412 of this Code.  The Secretary, in his or  her
31    discretion, shall approve and prescribe stickers or decals as
32    provided under Section 3-412.
33        (c)  An  applicant for the special plate shall be charged
 
                            -404-    LRB093 05878 EFG 05971 b
 1    a  $40  fee  for  original  issuance  in  addition   to   the
 2    appropriate  registration  fee.   Of  this  fee, $25 shall be
 3    deposited into the Public Broadcasting Fund and $15 shall  be
 4    deposited  into  the Secretary of State Special License Plate
 5    Fund, to  be  used  by  the  Secretary  to  help  defray  the
 6    administrative processing costs.
 7        For  each  registration  renewal  period,  a  $27 fee, in
 8    addition  to  the  appropriate  registration  fee,  shall  be
 9    charged.  Of this fee, $25 shall be deposited into the Public
10    Broadcasting  Fund  and  $2  shall  be  deposited  into   the
11    Secretary of State Special License Plate Fund.
12        (d)  The Public Broadcasting Fund is created as a special
13    fund  in the State treasury.  Subject to appropriation by the
14    General Assembly and approval by the Secretary, the Secretary
15    shall pay all moneys in the Public Broadcasting Fund  to  the
16    various  Public  Broadcasting System stations in Illinois for
17    operating costs.
18    (Source: P.A. 92-695, eff. 1-1-03.)

19        (625 ILCS 5/3-655)
20        Sec. 3-655 3-648.  Hospice license plates.
21        (a)  The Secretary, upon receipt of an  application  made
22    in  the  form  prescribed by the Secretary, may issue special
23    registration plates designated  as  Hospice  license  plates.
24    The special plates issued under this Section shall be affixed
25    only  to  passenger  vehicles of the first division and motor
26    vehicles of the second division weighing not more than  8,000
27    pounds.   Plates  issued  under  this  Section  shall  expire
28    according  to the multi-year procedure established by Section
29    3-414.1 of this Code.
30        (b)  The  color  of  the  plates  is  wholly  within  the
31    discretion of the Secretary.  The design of the plates  shall
32    include the word "Hospice" above drawings of two lilies and a
33    butterfly. The Secretary may allow the plates to be issued as
 
                            -405-    LRB093 05878 EFG 05971 b
 1    vanity  plates  or  personalized under Section 3-405.1 of the
 2    Code.  The Secretary shall prescribe stickers  or  decals  as
 3    provided under Section 3-412 of this Code.
 4        (c)  An  applicant for the special plate shall be charged
 5    a  $25  fee  for  original  issuance  in  addition   to   the
 6    appropriate  registration  fee.   Of  this  fee, $10 shall be
 7    deposited into the Hospice Fund and $15  shall  be  deposited
 8    into the Secretary of State Special License Plate Fund, to be
 9    used  by  the  Secretary  to  help  defray the administrative
10    processing costs.
11        For each registration  renewal  period,  a  $25  fee,  in
12    addition  to  the  appropriate  registration  fee,  shall  be
13    charged.   Of  this  fee,  $23  shall  be  deposited into the
14    Hospice Fund and $2 shall be deposited into the Secretary  of
15    State Special License Plate Fund.
16        (d)  The Hospice Fund is created as a special fund in the
17    State treasury.  All money in the Hospice Fund shall be paid,
18    subject to appropriation by the General Assembly and approval
19    by  the  Secretary,  to  the  Department of Public Health for
20    distribution as grants for hospice services as defined in the
21    Hospice Program Licensing Act.  The Director of Public Health
22    shall adopt rules for the distribution of these grants.
23    (Source: P.A. 92-693, eff. 1-1-03; revised 8-23-02.)

24        (625 ILCS 5/3-656)
25        Sec. 3-656 3-653.  Lewis and Clark  Bicentennial  license
26    plates.
27        (a)  In  addition to any other special license plate, the
28    Secretary,  upon  receipt  of   all   applicable   fees   and
29    applications  made in the form prescribed by the Secretary of
30    State, may issue special registration  plates  designated  as
31    Lewis  and  Clark Bicentennial license plates to residents of
32    Illinois. The special plate issued under this  Section  shall
33    be  affixed only to passenger vehicles of the first division,
 
                            -406-    LRB093 05878 EFG 05971 b
 1    motor vehicles of the second division weighing not more  than
 2    8,000 pounds, and recreational vehicles as defined by Section
 3    1-169  of  this  Code. Plates issued under this Section shall
 4    expire  according  to  the  staggered  multi-year   procedure
 5    established by Section 3-414.1 of this Code.
 6        (b)  The   Secretary  of  State  shall  confer  with  the
 7    Governor's Illinois Lewis and Clark  Bicentennial  Commission
 8    regarding  the  design,  color, and format of the plates. The
 9    Secretary may, in his or her discretion, allow the plates  to
10    be issued as vanity or personalized plates in accordance with
11    Section 3-405.1 of this Code.  The plates are not required to
12    designate  "Land Of Lincoln", as prescribed in subsection (b)
13    of Section 3-412 of this Code.  The Secretary, in his or  her
14    discretion, shall approve and prescribe stickers or decals as
15    provided under Section 3-412.
16        (c)  An applicant shall be charged a $40 fee for original
17    issuance  in addition to the applicable registration fee.  Of
18    this  additional  fee,  $15   shall  be  deposited  into  the
19    Secretary of State Special License Plate Fund and  $25  shall
20    be deposited into the Lewis and Clark Bicentennial Fund.  For
21    each  registration  renewal period, a $27 fee, in addition to
22    the appropriate registration fee, shall be charged.  Of  this
23    additional  fee,  $2 shall be deposited into the Secretary of
24    State Special License Plate Fund and $25 shall  be  deposited
25    into the Lewis and Clark Bicentennial Fund.
26        (d)  The  Secretary  of State shall issue special license
27    plates under this Section on and before  September  1,  2008.
28    The Secretary may not issue special plates under this Section
29    after September 1, 2008.
30        (e)  The  Lewis and Clark Bicentennial Fund is created as
31    a special fund in the State treasury. All moneys in the Lewis
32    and Clark Bicentennial Fund shall, subject  to  appropriation
33    by  the  General  Assembly  and approval by the Secretary, be
34    used by the Department of Commerce and Community  Affairs  to
 
                            -407-    LRB093 05878 EFG 05971 b
 1    promote  tourism and education related to the Lewis and Clark
 2    Expedition and for historic preservation purposes related  to
 3    the Expedition.
 4        The  State  Treasurer shall transfer any moneys remaining
 5    in the Lewis and Clark Bicentennial Fund on September 1, 2009
 6    and any moneys received for deposit  into  that  Fund  on  or
 7    after  September  1, 2009 into the Secretary of State Special
 8    License Plate Fund.
 9    (Source: P.A. 92-694, eff. 1-1-03; revised 8-23-02.)

10        (625 ILCS 5/3-657)
11        Sec. 3-657 3-654.  Park District  Youth  Program  license
12    plates.
13        (a)  In  addition to any other special license plate, the
14    Secretary,  upon  receipt  of   all   applicable   fees   and
15    applications  made in the form prescribed by the Secretary of
16    State, may issue Park District Youth Program license  plates.
17    The  special  Park  District Youth Program plate issued under
18    this Section shall be affixed only to passenger  vehicles  of
19    the  first division and motor vehicles of the second division
20    weighing not more than 8,000 pounds. Plates issued under this
21    Section shall expire according to  the  staggered  multi-year
22    procedure established by Section 3-414.1 of this Code.
23        (b)  The design, color, and format of the plates shall be
24    wholly  within  the  discretion  of  the  Secretary of State.
25    Appropriate documentation, as determined  by  the  Secretary,
26    must accompany each application. The Secretary, in his or her
27    discretion, shall approve and prescribe stickers or decals as
28    provided under Section 3-412.
29        (c)  An  applicant for the special plate shall be charged
30    a  $40  fee  for  original  issuance  in  addition   to   the
31    appropriate  registration  fee.   Of  this  fee, $25 shall be
32    deposited into the Park District Youth Program Fund  and  $15
33    shall  be  deposited  into  the  Secretary  of  State Special
 
                            -408-    LRB093 05878 EFG 05971 b
 1    License Plate Fund, to be  used  by  the  Secretary  to  help
 2    defray the administrative processing costs.
 3        For  each  registration  renewal  period,  a  $27 fee, in
 4    addition  to  the  appropriate  registration  fee,  shall  be
 5    charged.  Of this fee, $25 shall be deposited into  the  Park
 6    District  Youth  Program  Fund and $2 shall be deposited into
 7    the Secretary of State Special License Plate Fund.
 8        (d)  The Park District Youth Program Fund is created as a
 9    special fund in the State treasury.  All money  in  the  Park
10    District  Youth  Program  Fund  shall  be  paid,  subject  to
11    appropriation  by  the  General  Assembly and approval by the
12    Secretary, as grants to  the  Illinois  Association  of  Park
13    Districts,  a  not-for-profit corporation, for grants to park
14    districts and recreation agencies providing innovative  after
15    school programming for Illinois youth.
16    (Source: P.A. 92-697, eff. 7-19-02; revised 8-23-02.)

17        (625 ILCS 5/3-658)
18        Sec.  3-658  3-654.  Professional  Sports  Teams  license
19    plates.
20        (a)  The  Secretary,  upon receipt of an application made
21    in the form prescribed by the Secretary,  may  issue  special
22    registration  plates  designated as Professional Sports Teams
23    license plates.  The special plates issued under this Section
24    shall be affixed only to  passenger  vehicles  of  the  first
25    division  and  motor vehicles of the second division weighing
26    not more than 8,000 pounds.  Plates issued under this Section
27    shall  expire   according   to   the   multi-year   procedure
28    established by Section 3-414.1 of this Code.
29        (b)  The  design and color of the plates is wholly within
30    the discretion of  the  Secretary,  except  that  the  plates
31    shall,  subject  to  the  permission  of  the applicable team
32    owner, display the logo of the  Chicago  Bears,  the  Chicago
33    Bulls,  the Chicago Blackhawks Black Hawks, the Chicago Cubs,
 
                            -409-    LRB093 05878 EFG 05971 b
 1    the Chicago White Sox, the St. Louis Rams, or the  St.  Louis
 2    Cardinals,  at  the  applicant's  option.   The Secretary may
 3    allow the plates to  be  issued  as  vanity  or  personalized
 4    plates  under  Section  3-405.1  of  the Code.  The Secretary
 5    shall prescribe stickers or decals as provided under  Section
 6    3-412 of this Code.
 7        (c)  An  applicant for the special plate shall be charged
 8    a  $40  fee  for  original  issuance  in  addition   to   the
 9    appropriate  registration  fee.   Of  this  fee, $25 shall be
10    deposited into the Professional Sports Teams  Education  Fund
11    and  $15  shall  be  deposited  into  the  Secretary of State
12    Special License Plate Fund, to be used by  the  Secretary  to
13    help defray the administrative processing costs.
14        For  each  registration  renewal  period,  a  $27 fee, in
15    addition  to  the  appropriate  registration  fee,  shall  be
16    charged.  Of this  fee,  $25  shall  be  deposited  into  the
17    Professional  Sports  Teams  Education  Fund  and $2 shall be
18    deposited into the Secretary of State Special  License  Plate
19    Fund.
20        (d)  The  Professional  Sports  Teams  Education  Fund is
21    created as a special fund in the State treasury.  All  moneys
22    in  the  Professional  Sports  Teams  Education  Fund  shall,
23    subject to appropriation by the General Assembly and approval
24    by the Secretary, be deposited every 6 months into the Common
25    School Fund.
26    (Source: P.A. 92-699, eff. 1-1-03; revised 10-28-02.)

27        (625 ILCS 5/3-659)
28        Sec. 3-659 3-654. Pan Hellenic license plates.
29        (a)  The  Secretary,  upon receipt of all applicable fees
30    and  applications  made  in  the  form  prescribed   by   the
31    Secretary,  may  issue special registration plates designated
32    as Pan Hellenic license plates.  The  special  plates  issued
33    under  this  Section  shall  be  affixed  only  to  passenger
 
                            -410-    LRB093 05878 EFG 05971 b
 1    vehicles  of  the  first  division  or  motor vehicles of the
 2    second division weighing not more than 8,000  pounds.  Plates
 3    issued  under  this  Section  shall  expire  according to the
 4    multi-year procedure established by Section 3-414.1  of  this
 5    Code.
 6        (b)  The  design and color of the special plates shall be
 7    wholly within the discretion of the Secretary, except that an
 8    emblem of a Pan Hellenic eligible  member  shall  be  on  the
 9    plate.   Appropriate  documentation,  as  determined  by  the
10    Secretary, shall accompany each  application.  The  Secretary
11    may,  in his or her discretion, allow the plates to be issued
12    as vanity or personalized plates in accordance  with  Section
13    3-405.1  of  this  Code.  The  plates  are  not  required  to
14    designate  "Land  of Lincoln" as prescribed in subsection (b)
15    of Section 3-412 of this Code. The Secretary, in his  or  her
16    discretion,  may  prescribe  rules governing the requirements
17    and approval of the special plates.
18        (c)  An applicant for the special plate shall be  charged
19    a   $40   fee  for  original  issuance  in  addition  to  the
20    appropriate registration fee.  Of  this  fee,  $25  shall  be
21    deposited  into  the Illinois Pan Hellenic Trust Fund and $15
22    shall be  deposited  into  the  Secretary  of  State  Special
23    License  Plate  Fund,  to  be  used  by the Secretary to help
24    defray  the  administrative  processing   costs.   For   each
25    registration  renewal  period,  a $27 fee, in addition to the
26    appropriate registration fee, shall be charged. Of this  fee,
27    $25  shall  be deposited into the Illinois Pan Hellenic Trust
28    Fund and $2 shall be deposited into the  Secretary  of  State
29    Special License Plate Fund.
30        (d)  The Illinois Pan Hellenic Trust Fund is created as a
31    special fund in the State Treasury. The State Treasurer shall
32    create  separate  accounts  within  the Illinois Pan Hellenic
33    Trust Fund for each eligible member for  which  Pan  Hellenic
34    license  plates  have been issued. Moneys in the Illinois Pan
 
                            -411-    LRB093 05878 EFG 05971 b
 1    Hellenic Trust Fund shall be allocated  to  each  account  in
 2    proportion  to  the  number  of plates sold in regard to each
 3    fraternity or  sorority.  All  moneys  in  the  Illinois  Pan
 4    Hellenic   Trust   Fund  shall  be  distributed,  subject  to
 5    appropriation by the General Assembly  and  approval  by  the
 6    Secretary,  as  grants  to  the  Illinois  Alpha  Kappa Alpha
 7    Charitable Foundation, Illinois Delta Sigma Theta  Charitable
 8    Foundation,  Illinois  Zeta  Phi  Beta Charitable Foundation,
 9    Illinois Sigma  Gamma  Rho  Charitable  Foundation,  Illinois
10    Alpha Phi Alpha Charitable Foundation, Illinois Omega Psi Phi
11    Charitable  Foundation,  Illinois  Kappa Alpha Psi Charitable
12    Foundation, Illinois Phi Beta Sigma Charitable Foundation, or
13    Illinois Iota Phi Theta Charitable Foundation for  charitable
14    purposes  sponsored  by  the  African-American  fraternity or
15    sorority.
16    (Source: P.A. 92-702, eff. 1-1-03; revised 8-23-02.)

17        (625 ILCS 5/3-660)
18        Sec. 3-660 3-653.  September 11th license plates.
19        (a)  Beginning on September 11, 2002, the Secretary, upon
20    receipt of all applicable fees and applications made  in  the
21    form   prescribed   by   the  Secretary,  may  issue  special
22    registration plates  designated  as  September  11th  license
23    plates.
24        The  special  plates  issued  under this Section shall be
25    affixed only to passenger vehicles of the first  division  or
26    motor  vehicles of the second division weighing not more than
27    8,000 pounds.
28        Plates issued under this Section shall  expire  according
29    to the multi-year procedure established by Section 3-414.1 of
30    this Code.
31        (b)  The  design and color of the special plates shall be
32    wholly within the discretion of the Secretary.  The Secretary
33    may allow the plates to be issued as vanity  or  personalized
 
                            -412-    LRB093 05878 EFG 05971 b
 1    plates  under  Section  3-405.1  of this Code.  The Secretary
 2    shall prescribe stickers or decals as provided under  Section
 3    3-412 of this Code.
 4        (c)  An  applicant for the special plate shall be charged
 5    a  $40  fee  for  original  issuance  in  addition   to   the
 6    appropriate  registration  fee.   Of  this  fee, $25 shall be
 7    deposited into the September  11th  Fund  and  $15  shall  be
 8    deposited  into  the Secretary of State Special License Plate
 9    Fund, to  be  used  by  the  Secretary  to  help  defray  the
10    administrative processing costs.
11        For  each  registration  renewal  period,  a  $27 fee, in
12    addition  to  the  appropriate  registration  fee,  shall  be
13    charged.  Of this  fee,  $25  shall  be  deposited  into  the
14    September  11th  Fund  and  $2  shall  be  deposited into the
15    Secretary of State Special License Plate Fund.
16        (d)  The September 11th Fund is created as a special fund
17    in the State treasury.    Subject  to  appropriation  by  the
18    General  Assembly and approval by the Secretary, the Director
19    of Commerce and Community Affairs shall pay all moneys in the
20    September 11th Fund as grants to aid victims of terrorism and
21    as  grants  to  local  governments  to  cover  the  costs  of
22    training, equipment, and other items related to public safety
23    initiatives intended to prevent further acts of terrorism  or
24    to respond to further acts of terrorism or other disasters or
25    emergency situations in Illinois.
26    (Source: P.A. 92-704, eff. 7-19-02; revised 8-23-02.)

27        (625 ILCS 5/3-661)
28        Sec. 3-661 3-653. Illinois Route 66 license plates.
29        (a)  The  Secretary,  upon receipt of all applicable fees
30    and  applications  made  in  the  form  prescribed   by   the
31    Secretary,  may  issue special registration plates designated
32    as Illinois Route 66  license  plates.   The  special  plates
33    issued  under this Section shall be affixed only to passenger
 
                            -413-    LRB093 05878 EFG 05971 b
 1    vehicles of the first  division  or  motor  vehicles  of  the
 2    second  division weighing not more than 8,000 pounds.  Plates
 3    issued under this  Section  shall  expire  according  to  the
 4    multi-year  procedure  established by Section 3-414.1 of this
 5    Code.
 6        (b)  The design and color of the special plates shall  be
 7    wholly within the discretion of the Secretary.  The Secretary
 8    may,  in his or her discretion, allow the plates to be issued
 9    as vanity or personalized plates in accordance  with  Section
10    3-405.1  of  this  Code.    The  plates  are  not required to
11    designate "Land of Lincoln", as prescribed in subsection  (b)
12    of  Section 3-412 of this Code.  The Secretary, in his or her
13    discretion, shall approve and prescribe stickers or decals as
14    provided under Section 3-412.
15        (c)  An applicant for the special plate shall be  charged
16    a   $40   fee  for  original  issuance  in  addition  to  the
17    appropriate registration fee.  Of  this  fee,  $25  shall  be
18    deposited  into  the  Illinois Route 66 Heritage Project Fund
19    and $15 shall  be  deposited  into  the  Secretary  of  State
20    Special  License  Plate  Fund, to be used by the Secretary to
21    help defray the administrative processing costs.
22        For each registration  renewal  period,  a  $27  fee,  in
23    addition  to  the  appropriate  registration  fee,  shall  be
24    charged.   Of  this  fee,  $25  shall  be  deposited into the
25    Illinois Route 66 Heritage  Project  Fund  and  $2  shall  be
26    deposited  into  the Secretary of State Special License Plate
27    Fund.
28        (d)  The Illinois  Route  66  Heritage  Project  Fund  is
29    created  as a special fund in the State treasury.  Subject to
30    appropriation by the General Assembly  and  approval  by  the
31    Secretary, Illinois Route 66 Heritage Project, Inc. shall use
32    all moneys in the Illinois Route 66 Heritage Project Fund for
33    the   development   of   tourism,   through   education   and
34    interpretation,  preservation,  and  promotion  of the former
 
                            -414-    LRB093 05878 EFG 05971 b
 1    U.S. Route 66 in Illinois.
 2    (Source: P.A. 92-706, eff. 1-1-03; revised 8-23-02.)

 3        (625 ILCS 5/3-662)
 4        Sec. 3-662 3-654.  Stop Neuroblastoma license plates.
 5        (a)  The Secretary, upon receipt of an  application  made
 6    in  the  form  prescribed by the Secretary, may issue special
 7    registration plates designated as Stop Neuroblastoma  license
 8    plates. The special plates issued under this Section shall be
 9    affixed  only to passenger vehicles of the first division and
10    motor vehicles of the second division weighing not more  than
11    8,000  pounds.  Plates issued under this Section shall expire
12    according to the multi-year procedure established by  Section
13    3-414.1 of this Code.
14        (b)  The  design and color of the plates is wholly within
15    the discretion of the Secretary, except  that  the  following
16    phrases  shall be on the plates: (i) "Stop Neuroblastoma" and
17    (ii) "Stop Cancer". The Secretary may allow the plates to  be
18    issued as vanity plates or personalized under Section 3-405.1
19    of  this  Code.  The  Secretary  shall  prescribe stickers or
20    decals as provided under Section 3-412 of this Code.
21        (c)  An applicant for the special plate shall be  charged
22    a   $25   fee  for  original  issuance  in  addition  to  the
23    appropriate registration fee.  Of  this  fee,  $10  shall  be
24    deposited  into  the Stop Neuroblastoma Fund and $15 shall be
25    deposited into the Secretary of State Special  License  Plate
26    Fund,  to  be  used  by  the  Secretary  to  help  defray the
27    administrative processing costs.
28        For each registration  renewal  period,  a  $25  fee,  in
29    addition  to  the  appropriate  registration  fee,  shall  be
30    charged.  Of  this  fee, $23 shall be deposited into the Stop
31    Neuroblastoma  Fund  and  $2  shall  be  deposited  into  the
32    Secretary of State Special License Plate Fund.
33        (d)  The Stop Neuroblastoma Fund is created as a  special
 
                            -415-    LRB093 05878 EFG 05971 b
 1    fund   in   the   State  treasury.  All  money  in  the  Stop
 2    Neuroblastoma Fund shall be paid, subject to appropriation by
 3    the General Assembly and approval by the Secretary, as grants
 4    to the American Cancer Society for neuroblastoma  and  cancer
 5    research, education, screening, and treatment.
 6    (Source: P.A. 92-711, eff. 7-19-02; revised 8-23-02.)

 7        (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
 8        Sec. 3-803.  Reductions.
 9        (a)  Reduction  of  fees  and  taxes  prescribed  in this
10    Chapter shall be applicable only to  vehicles  newly-acquired
11    by  the owner after the beginning of a registration period or
12    which become subject to registration after the beginning of a
13    registration period as specified in this Act.  The  Secretary
14    of  State  may deny a reduction as to any vehicle operated in
15    this State without being properly and  timely  registered  in
16    Illinois under this Chapter, of a vehicle in violation of any
17    provision   of  this  Chapter,  or  upon  detection  of  such
18    violation by an audit, or upon determining that such  vehicle
19    was  operated  in  Illinois  before  such violation.  Bond or
20    other security in the proper amount may be  required  by  the
21    Secretary  of  State while the matter is under investigation.
22    Reductions shall be granted if a  person  becomes  the  owner
23    after  the dates specified or if a vehicle becomes subject to
24    registration under this Act,  as  amended,  after  the  dates
25    specified.
26        (b)  Vehicles of the First Division.  The annual fees and
27    taxes  prescribed by Section 3-806 shall be reduced by 50% on
28    and after June 15, except as provided in Sections  3-414  and
29    3-802 of this Act.
30        (c)  Vehicles  of  the  Second Division.  The annual fees
31    and taxes prescribed by Sections 3-402,  3-402.1,  3-815  and
32    3-819  and paid on a calendar year for such vehicles shall be
33    reduced on a quarterly basis if the vehicle  becomes  subject
 
                            -416-    LRB093 05878 EFG 05971 b
 1    to  registration  on and after March 31, June 30 or September
 2    30.  Where such fees and taxes are payable on a  fiscal  year
 3    basis,  they  shall  be  reduced  on a quarterly basis on and
 4    after September 30, December 31 or March 31.
 5        (d)  Two-year  Registrations.    The   fees   and   taxes
 6    prescribed  by  Section  3-808 for 2-year registrations shall
 7    not be reduced in any event.  However,  the  fees  and  taxes
 8    prescribed  for  all  other 2-year registrations by this Act,
 9    shall be reduced as follows:
10        By 25% on and after June 15;
11        By 50% on and after December 15;
12        By 75% on and after the next ensuing June 15.
13        (e)  The registration fees and taxes imposed upon certain
14    vehicles shall not be reduced by any amount in any  event  in
15    the following instances:
16        Permits under Sections 3-403 and 3-811;
17        Municipal Buses under Section 3-807;
18        Governmental or charitable vehicles under Section 3-808;
19        Farm Machinery under Section 3-809;
20        Soil and conservation equipment under Section 3-809.1;
21        Special Plates under Section 3-810;
22        Permanently mounted equipment under Section 3-812;
23        Registration fee under Section 3-813;
24        Semitrailer fees under Section 3-814;
25        Farm trucks under Section 3-815;
26        Mileage weight tax option under Section 3-818;
27        Farm trailers under Section 3-819;
28        Duplicate plates under Section 3-820;
29        Fees under Section 3-821;
30        Security Fees under Section 3-822;
31        Search Fees under Section 3-823.
32        (f)  The  reductions  provided for shall not apply to any
33    vehicle of the first or second  division  registered  by  the
34    same applicant in the prior registration year.
 
                            -417-    LRB093 05878 EFG 05971 b
 1        The  changes  to  this  Section made by Public Act 84-210
 2    take  This  bill  takes  effect  with   the   1986   Calendar
 3    Registration Year.
 4        (g)  Reductions  shall in no event result in payment of a
 5    fee or tax less than $6, and the  Secretary  of  State  shall
 6    promulgate    schedules   of   fees   reflecting   applicable
 7    reductions.  Where any reduced amount is not stated  in  full
 8    dollars,  the Secretary of State may adjust the amount due to
 9    the nearest full dollar amount.
10        (h)  The  reductions  provided  for  in  subsections  (a)
11    through (g) of this Section shall not apply to those vehicles
12    of the first or second division  registered  on  a  staggered
13    registration basis.
14        (i)  A  vehicle  which  becomes  subject  to registration
15    during the last month of the  current  registration  year  is
16    exempt  from  any applicable reduced fourth quarter or second
17    semiannual  registration  fee,  and  may  register  for   the
18    subsequent  registration  year  as  its initial registration.
19    This  subsection  does  not  include  those  apportioned  and
20    prorated fees under Sections 3-402 and 3-402.1 of this Code.
21    (Source: P.A. 84-1311; revised 2-25-02.)

22        (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
23        Sec. 6-206.  Discretionary authority to suspend or revoke
24    license or permit; Right to a hearing.
25        (a)  The Secretary of State is authorized to  suspend  or
26    revoke   the   driving   privileges  of  any  person  without
27    preliminary hearing upon a showing of the person's records or
28    other sufficient evidence that the person:
29             1.  Has committed an  offense  for  which  mandatory
30        revocation  of  a  driver's license or permit is required
31        upon conviction;
32             2.  Has been convicted of not less than  3  offenses
33        against  traffic  regulations  governing  the movement of
 
                            -418-    LRB093 05878 EFG 05971 b
 1        vehicles  committed  within  any  12  month  period.   No
 2        revocation or suspension shall be  entered  more  than  6
 3        months after the date of last conviction;
 4             3.  Has  been  repeatedly  involved  as  a driver in
 5        motor vehicle collisions or has been repeatedly convicted
 6        of offenses against laws and  ordinances  regulating  the
 7        movement  of  traffic, to a degree that indicates lack of
 8        ability to exercise ordinary and reasonable care  in  the
 9        safe  operation  of a motor vehicle or disrespect for the
10        traffic laws and the safety of  other  persons  upon  the
11        highway;
12             4.  Has by the unlawful operation of a motor vehicle
13        caused  or  contributed to an accident resulting in death
14        or injury requiring immediate professional treatment in a
15        medical facility or doctor's office to any person, except
16        that  any  suspension  or  revocation  imposed   by   the
17        Secretary   of   State   under  the  provisions  of  this
18        subsection shall start no later than 6 months after being
19        convicted of violating a law or ordinance regulating  the
20        movement  of  traffic,  which violation is related to the
21        accident, or shall start not more than one year after the
22        date of the accident, whichever date occurs later;
23             5.  Has permitted an unlawful or fraudulent use of a
24        driver's license, identification card, or permit;
25             6.  Has been lawfully convicted  of  an  offense  or
26        offenses  in  another  state, including the authorization
27        contained in Section 6-203.1, which if  committed  within
28        this State would be grounds for suspension or revocation;
29             7.  Has   refused   or   failed   to  submit  to  an
30        examination provided for by Section 6-207 or  has  failed
31        to pass the examination;
32             8.  Is  ineligible  for a driver's license or permit
33        under the provisions of Section 6-103;
34             9.  Has  made  a  false   statement   or   knowingly
 
                            -419-    LRB093 05878 EFG 05971 b
 1        concealed  a  material fact or has used false information
 2        or identification  in  any  application  for  a  license,
 3        identification card, or permit;
 4             10.  Has   possessed,  displayed,  or  attempted  to
 5        fraudulently use any  license,  identification  card,  or
 6        permit not issued to the person;
 7             11.  Has  operated a motor vehicle upon a highway of
 8        this  State  when  the  person's  driving  privilege   or
 9        privilege  to  obtain  a  driver's  license or permit was
10        revoked or suspended unless the operation was  authorized
11        by  a  judicial  driving  permit, probationary license to
12        drive, or a restricted driving permit issued  under  this
13        Code;
14             12.  Has submitted to any portion of the application
15        process  for  another person or has obtained the services
16        of another  person  to  submit  to  any  portion  of  the
17        application  process  for  the  purpose  of  obtaining  a
18        license,  identification  card,  or permit for some other
19        person;
20             13.  Has operated a motor vehicle upon a highway  of
21        this  State  when the person's driver's license or permit
22        was invalid under the provisions of Sections 6-107.1  and
23        6-110;
24             14.  Has  committed  a  violation  of Section 6-301,
25        6-301.1, or 6-301.2 of this Act, or Section 14,  14A,  or
26        14B of the Illinois Identification Card Act;
27             15.  Has been convicted of violating Section 21-2 of
28        the  Criminal  Code of 1961 relating to criminal trespass
29        to vehicles in which case, the suspension  shall  be  for
30        one year;
31             16.  Has  been convicted of violating Section 11-204
32        of this Code relating to fleeing from a police officer;
33             17.  Has refused to submit to a test, or  tests,  as
34        required  under  Section  11-501.1  of  this Code and the
 
                            -420-    LRB093 05878 EFG 05971 b
 1        person has not  sought  a  hearing  as  provided  for  in
 2        Section 11-501.1;
 3             18.  Has,  since  issuance  of a driver's license or
 4        permit, been adjudged to be afflicted with  or  suffering
 5        from any mental disability or disease;
 6             19.  Has  committed  a violation of paragraph (a) or
 7        (b) of  Section  6-101  relating  to  driving  without  a
 8        driver's license;
 9             20.  Has  been  convicted of violating Section 6-104
10        relating to classification of driver's license;
11             21.  Has been convicted of violating Section  11-402
12        of this Code relating to leaving the scene of an accident
13        resulting  in damage to a vehicle in excess of $1,000, in
14        which case the suspension shall be for one year;
15             22.  Has used a motor vehicle in violating paragraph
16        (3), (4), (7), or (9) of subsection (a) of  Section  24-1
17        of  the Criminal Code of 1961 relating to unlawful use of
18        weapons, in which case the suspension shall  be  for  one
19        year;
20             23.  Has,  as a driver, been convicted of committing
21        a violation of paragraph (a) of Section  11-502  of  this
22        Code for a second or subsequent time within one year of a
23        similar violation;
24             24.  Has   been  convicted  by  a  court-martial  or
25        punished   by   non-judicial   punishment   by   military
26        authorities  of  the  United   States   at   a   military
27        installation  in  Illinois  of  or  for a traffic related
28        offense that is the same as  or  similar  to  an  offense
29        specified under Section 6-205 or 6-206 of this Code;
30             25.  Has  permitted any form of identification to be
31        used by another in the application process  in  order  to
32        obtain  or  attempt  to  obtain a license, identification
33        card, or permit;
34             26.  Has altered or attempted to alter a license  or
 
                            -421-    LRB093 05878 EFG 05971 b
 1        has possessed an altered license, identification card, or
 2        permit;
 3             27.  Has violated Section 6-16 of the Liquor Control
 4        Act of 1934;
 5             28.  Has  been  convicted of the illegal possession,
 6        while operating or  in  actual  physical  control,  as  a
 7        driver,  of  a motor vehicle, of any controlled substance
 8        prohibited under the Illinois Controlled  Substances  Act
 9        or  any  cannabis  prohibited under the provisions of the
10        Cannabis Control Act, in which case the person's  driving
11        privileges  shall  be  suspended  for  one  year, and any
12        driver  who  is  convicted  of  a  second  or  subsequent
13        offense, within 5 years of a previous conviction, for the
14        illegal possession, while operating or in actual physical
15        control,  as  a  driver,  of  a  motor  vehicle,  of  any
16        controlled substance prohibited under the  provisions  of
17        the  Illinois  Controlled  Substances Act or any cannabis
18        prohibited  under  the  Cannabis  Control  Act  shall  be
19        suspended for 5 years. Any defendant found guilty of this
20        offense while operating a motor vehicle,  shall  have  an
21        entry  made  in  the  court record by the presiding judge
22        that this offense  did  occur  while  the  defendant  was
23        operating  a  motor  vehicle  and  order the clerk of the
24        court to report the violation to the Secretary of State;
25             29.  Has been convicted of  the  following  offenses
26        that  were committed while the person was operating or in
27        actual physical control, as a driver, of a motor vehicle:
28        criminal  sexual  assault,  predatory   criminal   sexual
29        assault  of  a child, aggravated criminal sexual assault,
30        criminal sexual abuse, aggravated criminal sexual  abuse,
31        juvenile  pimping,  soliciting  for a juvenile prostitute
32        and the  manufacture,  sale  or  delivery  of  controlled
33        substances  or  instruments  used for illegal drug use or
34        abuse in which case the driver's driving privileges shall
 
                            -422-    LRB093 05878 EFG 05971 b
 1        be suspended for one year;
 2             30.  Has been convicted a second or subsequent  time
 3        for any combination of the offenses named in paragraph 29
 4        of  this  subsection,  in which case the person's driving
 5        privileges shall be suspended for 5 years;
 6             31.  Has refused to submit to a test as required  by
 7        Section  11-501.6 or has submitted to a test resulting in
 8        an alcohol concentration of 0.08 or more or any amount of
 9        a  drug,  substance,  or  compound  resulting  from   the
10        unlawful  use or consumption of cannabis as listed in the
11        Cannabis Control Act, a controlled substance as listed in
12        the   Illinois   Controlled   Substances   Act,   or   an
13        intoxicating  compound  as   listed   in   the   Use   of
14        Intoxicating  Compounds  Act,  in  which case the penalty
15        shall be as prescribed in Section 6-208.1;
16             32.  Has been convicted of  Section  24-1.2  of  the
17        Criminal   Code   of  1961  relating  to  the  aggravated
18        discharge of a firearm if the offender was located  in  a
19        motor  vehicle at the time the firearm was discharged, in
20        which case the suspension shall be for 3 years;
21             33.  Has as  a driver, who was less than 21 years of
22        age on the date of the offense, been  convicted  a  first
23        time of a violation of paragraph (a) of Section 11-502 of
24        this Code or a similar provision of a local ordinance;
25             34.  Has  committed a violation of Section 11-1301.5
26        of this Code;
27             35.  Has committed a violation of Section  11-1301.6
28        of this Code;
29             36.  Is  under  the  age  of 21 years at the time of
30        arrest and has been convicted of not less than 2 offenses
31        against traffic regulations  governing  the  movement  of
32        vehicles  committed  within  any  24  month  period.   No
33        revocation  or  suspension  shall  be entered more than 6
34        months after the date of last conviction;
 
                            -423-    LRB093 05878 EFG 05971 b
 1             37.  Has committed a violation of subsection (c)  of
 2        Section 11-907 of this Code; or
 3             38.  Has  been  convicted  of a violation of Section
 4        6-20 of the Liquor Control  Act  of  1934  or  a  similar
 5        provision of a local ordinance; or.
 6             39.   38.  Has  committed  a  second  or  subsequent
 7        violation of Section 11-1201 of this Code.
 8        For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25,  26,
 9    and  27  of  this  subsection,  license  means  any  driver's
10    license, any traffic ticket issued when the person's driver's
11    license  is  deposited  in  lieu of bail, a suspension notice
12    issued by the Secretary of State, a  duplicate  or  corrected
13    driver's  license,  a  probationary  driver's  license  or  a
14    temporary driver's license.
15        (b)  If  any conviction forming the basis of a suspension
16    or revocation authorized under this Section is appealed,  the
17    Secretary  of  State may rescind or withhold the entry of the
18    order of suspension  or  revocation,  as  the  case  may  be,
19    provided  that a certified copy of a stay order of a court is
20    filed with the Secretary of  State.   If  the  conviction  is
21    affirmed  on  appeal, the date of the conviction shall relate
22    back to the time the  original  judgment  of  conviction  was
23    entered  and  the  6  month  limitation  prescribed shall not
24    apply.
25         (c) 1.  Upon suspending or revoking the driver's license
26        or permit of any person as authorized  in  this  Section,
27        the  Secretary  of  State  shall  immediately  notify the
28        person in writing of the revocation  or  suspension.  The
29        notice to be deposited in the United States mail, postage
30        prepaid, to the last known address of the person.
31             2.  If  the Secretary of State suspends the driver's
32        license of a person under subsection 2 of  paragraph  (a)
33        of  this  Section,  a  person's  privilege  to  operate a
34        vehicle as an occupation shall not be suspended, provided
 
                            -424-    LRB093 05878 EFG 05971 b
 1        an affidavit is properly completed, the  appropriate  fee
 2        received, and a permit issued prior to the effective date
 3        of  the  suspension, unless 5 offenses were committed, at
 4        least 2 of which occurred while  operating  a  commercial
 5        vehicle   in   connection   with   the  driver's  regular
 6        occupation.  All  other  driving  privileges   shall   be
 7        suspended  by the Secretary of State. Any driver prior to
 8        operating a vehicle for occupational purposes  only  must
 9        submit  the  affidavit  on  forms  to  be provided by the
10        Secretary  of  State  setting  forth  the  facts  of  the
11        person's occupation.  The affidavit shall also state  the
12        number of offenses committed while operating a vehicle in
13        connection  with  the  driver's  regular  occupation. The
14        affidavit shall be accompanied by the  driver's  license.
15        Upon  receipt  of  a  properly  completed  affidavit, the
16        Secretary of State shall issue the  driver  a  permit  to
17        operate a vehicle in connection with the driver's regular
18        occupation  only.  Unless  the  permit  is  issued by the
19        Secretary of State prior to the date of  suspension,  the
20        privilege  to  drive any motor vehicle shall be suspended
21        as set forth in the notice that  was  mailed  under  this
22        Section.  If  an  affidavit is received subsequent to the
23        effective date of this suspension, a permit may be issued
24        for the remainder of the suspension period.
25             The provisions of this subparagraph shall not  apply
26        to  any  driver  required to obtain a commercial driver's
27        license under  Section  6-507  during  the  period  of  a
28        disqualification  of  commercial driving privileges under
29        Section 6-514.
30             Any person  who  falsely  states  any  fact  in  the
31        affidavit  required  herein  shall  be  guilty of perjury
32        under Section 6-302 and  upon  conviction  thereof  shall
33        have  all  driving  privileges  revoked  without  further
34        rights.
 
                            -425-    LRB093 05878 EFG 05971 b
 1             3.  At  the  conclusion  of  a hearing under Section
 2        2-118 of this Code, the Secretary of State  shall  either
 3        rescind  or  continue  an  order  of  revocation or shall
 4        substitute  an  order  of  suspension;  or,  good   cause
 5        appearing  therefor, rescind, continue, change, or extend
 6        the order of suspension.  If the Secretary of State  does
 7        not   rescind   the   order,   the   Secretary  may  upon
 8        application,  to  relieve   undue   hardship,   issue   a
 9        restricted  driving  permit  granting  the  privilege  of
10        driving   a   motor   vehicle  between  the  petitioner's
11        residence and petitioner's place of employment or  within
12        the  scope  of his employment related duties, or to allow
13        transportation for the petitioner, or a household  member
14        of  the petitioner's family, to receive necessary medical
15        care  and  if  the  professional  evaluation   indicates,
16        provide    transportation   for   alcohol   remedial   or
17        rehabilitative activity, or for the petitioner to  attend
18        classes,  as  a  student,  in  an  accredited educational
19        institution; if the petitioner  is  able  to  demonstrate
20        that no alternative means of transportation is reasonably
21        available and the petitioner will not endanger the public
22        safety or welfare.
23             If  a person's license or permit has been revoked or
24        suspended due to  2  or  more  convictions  of  violating
25        Section  11-501  of this Code or a similar provision of a
26        local  ordinance  or  a  similar  out-of-state   offense,
27        arising  out  of  separate  occurrences,  that person, if
28        issued a restricted driving permit,  may  not  operate  a
29        vehicle  unless  it  has  been  equipped with an ignition
30        interlock device as defined in Section 1-129.1.
31             If a person's license or permit has been revoked  or
32        suspended  2 or more times within a 10 year period due to
33        a single conviction of violating Section 11-501  of  this
34        Code  or  a  similar  provision of a local ordinance or a
 
                            -426-    LRB093 05878 EFG 05971 b
 1        similar out-of-state offense,  and  a  statutory  summary
 2        suspension under Section 11-501.1, or 2 or more statutory
 3        summary  suspensions, or combination of 2 offenses, or of
 4        an offense and a statutory  summary  suspension,  arising
 5        out  of  separate  occurrences,  that person, if issued a
 6        restricted driving permit,  may  not  operate  a  vehicle
 7        unless  it  has  been equipped with an ignition interlock
 8        device as defined in Section 1-129.1.   The  person  must
 9        pay  to the Secretary of State DUI Administration Fund an
10        amount not to exceed $20 per month.  The Secretary  shall
11        establish  by  rule the amount and the procedures, terms,
12        and conditions relating to these fees.  If the restricted
13        driving permit was issued for employment  purposes,  then
14        this  provision  does  not  apply  to the operation of an
15        occupational vehicle owned or  leased  by  that  person's
16        employer.   In  each  case  the  Secretary  may  issue  a
17        restricted   driving   permit   for   a   period   deemed
18        appropriate,  except that all permits shall expire within
19        one year from the date of issuance.   The  Secretary  may
20        not,  however,  issue  a restricted driving permit to any
21        person whose current revocation is the result of a second
22        or subsequent  conviction  for  a  violation  of  Section
23        11-501  of  this  Code  or a similar provision of a local
24        ordinance relating to the offense of operating  or  being
25        in  physical  control  of a motor vehicle while under the
26        influence of alcohol, other drug or  drugs,  intoxicating
27        compound   or  compounds,  or  any  similar  out-of-state
28        offense, or any combination of those offenses, until  the
29        expiration  of  at  least  one  year from the date of the
30        revocation.  A restricted  driving  permit  issued  under
31        this   Section   shall   be   subject   to  cancellation,
32        revocation, and suspension by the Secretary of  State  in
33        like  manner  and  for  like  cause as a driver's license
34        issued under this Code  may  be  cancelled,  revoked,  or
 
                            -427-    LRB093 05878 EFG 05971 b
 1        suspended;  except  that  a  conviction  upon one or more
 2        offenses  against  laws  or  ordinances  regulating   the
 3        movement  of traffic shall be deemed sufficient cause for
 4        the  revocation,  suspension,  or   cancellation   of   a
 5        restricted  driving  permit.  The Secretary of State may,
 6        as a condition to the issuance of  a  restricted  driving
 7        permit,   require  the  applicant  to  participate  in  a
 8        designated driver  remedial  or  rehabilitative  program.
 9        The   Secretary  of  State  is  authorized  to  cancel  a
10        restricted driving permit if the permit holder  does  not
11        successfully complete the program.
12        (c-5)  The  Secretary of State may, as a condition of the
13    reissuance of a driver's license or permit  to  an  applicant
14    whose driver's license or permit has been suspended before he
15    or  she  reached  the  age of 18 years pursuant to any of the
16    provisions  of  this  Section,  require  the   applicant   to
17    participate  in  a  driver  remedial  education course and be
18    retested under Section 6-109 of this Code.
19        (d)  This Section is subject to  the  provisions  of  the
20    Drivers License Compact.
21        (e)  The  Secretary of State shall not issue a restricted
22    driving permit to a person under the age of  16  years  whose
23    driving  privileges  have been suspended or revoked under any
24    provisions of this Code.
25    (Source: P.A. 92-283,  eff.  1-1-02;  92-418,  eff.  8-17-01;
26    92-458,  eff.  8-22-01;  92-651,  eff.  7-11-02; 92-804, eff.
27    1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)

28        (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
29        Sec.  6-500.    Definitions   of   words   and   phrases.
30    Notwithstanding  the  definitions set forth elsewhere in this
31    Code, for purposes of the Uniform Commercial Driver's License
32    Act (UCDLA), the words and  phrases  listed  below  have  the
33    meanings ascribed to them as follows:
 
                            -428-    LRB093 05878 EFG 05971 b
 1        (1)  Alcohol.   "Alcohol"  means any substance containing
 2    any form of alcohol, including but not limited  to   ethanol,
 3    methanol, propanol, and isopropanol.
 4        (2)  Alcohol   concentration.    "Alcohol  concentration"
 5    means:
 6             (A)  the number of grams of alcohol per  210  liters
 7        of breath; or
 8             (B)  the   number   of  grams  of  alcohol  per  100
 9        milliliters of blood; or
10             (C)  the  number  of  grams  of   alcohol   per   67
11        milliliters of urine.
12        Alcohol  tests  administered within 2 hours of the driver
13    being "stopped or detained" shall be considered that driver's
14    "alcohol concentration" for the purposes  of  enforcing  this
15    UCDLA.
16        (3)  (Blank).
17        (4)  (Blank).
18        (5)  (Blank).
19        (6)  Commercial Motor Vehicle.
20             (A)  "Commercial   motor   vehicle"  means  a  motor
21        vehicle, except those referred  to  in  subdivision  (B),
22        designed to transport passengers or property if:
23                  (i)  the vehicle has a GVWR of 26,001 pounds or
24             more   or   such   a  lesser  GVWR  as  subsequently
25             determined by federal regulations or  the  Secretary
26             of State; or any combination of vehicles with a GCWR
27             of  26,001  pounds or more, provided the GVWR of any
28             vehicle or vehicles being towed is 10,001 pounds  or
29             more; or
30                  (ii)  the  vehicle  is designed to transport 16
31             or more persons; or
32                  (iii)  the vehicle  is  transporting  hazardous
33             materials   and  is  required  to  be  placarded  in
34             accordance with 49 C.F.R. Part 172, subpart F.

 
                            -429-    LRB093 05878 EFG 05971 b
 1             (B)  Pursuant   to   the   interpretation   of   the
 2        Commercial Motor  Vehicle  Safety  Act  of  1986  by  the
 3        Federal   Highway   Administration,   the  definition  of
 4        "commercial motor vehicle" does not include:
 5                  (i)  recreational   vehicles,   when   operated
 6             primarily for personal use;
 7                  (ii)  United  States  Department   of   Defense
 8             vehicles  being  operated by non-civilian personnel.
 9             This includes any operator on active military  duty;
10             members  of  the Reserves; National Guard; personnel
11             on part-time training; and National  Guard  military
12             technicians  (civilians  who  are  required  to wear
13             military uniforms and are subject  to  the  Code  of
14             Military Justice); or
15                  (iii)  firefighting    and    other   emergency
16             equipment with audible and visual signals, owned  or
17             operated  by  or for a governmental entity, which is
18             necessary to the preservation of life or property or
19             the execution of  emergency  governmental  functions
20             which  are  normally  not subject to general traffic
21             rules and regulations.
22        (7)  Controlled Substance.  "Controlled substance"  shall
23    have  the  same  meaning  as  defined  in  Section 102 of the
24    Illinois Controlled Substances Act, and  shall  also  include
25    cannabis as defined in Section 3 of the Cannabis Control Act.
26        (8)  Conviction.    "Conviction"   means   an   unvacated
27    adjudication  of  guilt  or a determination that a person has
28    violated or failed to comply with  the  law  in  a  court  of
29    original   jurisdiction   or   an  authorized  administrative
30    tribunal; an  unvacated  forfeiture  of  bail  or  collateral
31    deposited  to  secure  the  person's appearance in court; the
32    payment of a fine or court cost  regardless  of  whether  the
33    imposition  of sentence is deferred and ultimately a judgment
34    dismissing the underlying charge is entered; or  a  violation
 
                            -430-    LRB093 05878 EFG 05971 b
 1    of a condition of release without bail, regardless of whether
 2    or not the penalty is rebated, suspended or probated.
 3        (9)  (Blank).
 4        (10)  (Blank).
 5        (11)  (Blank).
 6        (12)  (Blank).
 7        (13)  Driver.   "Driver"  means  any  person  who drives,
 8    operates, or is in physical control  of  a  commercial  motor
 9    vehicle, or who is required to hold a CDL.
10        (14)  Employee.    "Employee"   means  a  person  who  is
11    employed as a commercial motor vehicle driver.  A person  who
12    is  self-employed  as  a commercial motor vehicle driver must
13    comply with the requirements  of  this  UCDLA  pertaining  to
14    employees.   An  owner-operator on a long-term lease shall be
15    considered an employee.
16        (15)  Employer.  "Employer" means a person (including the
17    United States, a State or a  local  authority)  who  owns  or
18    leases  a  commercial  motor  vehicle or assigns employees to
19    operate such a vehicle.  A person who is self-employed  as  a
20    commercial   motor   vehicle  driver  must  comply  with  the
21    requirements of this UCDLA.
22        (16)  (Blank).
23        (17)  Foreign jurisdiction.  "Foreign jurisdiction" means
24    a sovereign  jurisdiction  that  does  not  fall  within  the
25    definition of "State".
26        (18)  (Blank).
27        (19)  (Blank).
28        (20)  Hazardous  Material.   Upon a finding by the United
29    States Secretary of Transportation, in his or her discretion,
30    under 49 App. U.S.C. 5103(a), that the  transportation  of  a
31    particular quantity and form of material in commerce may pose
32    an  unreasonable risk to health and safety or property, he or
33    she shall designate the quantity  and  form  of  material  or
34    group or class of the materials as a hazardous material.  The
 
                            -431-    LRB093 05878 EFG 05971 b
 1    materials  so  designated  may include but are not limited to
 2    explosives,   radioactive   materials,   etiologic    agents,
 3    flammable  liquids  or solids, combustible liquids or solids,
 4    poisons, oxidizing or  corrosive  materials,  and  compressed
 5    gases.
 6        (21)  Long-term  lease.   "Long-term lease" means a lease
 7    of a commercial  motor  vehicle  by  the  owner-lessor  to  a
 8    lessee, for a period of more than 29 days.
 9        (22)  Motor Vehicle.  "Motor vehicle" means every vehicle
10    which is self-propelled, and every vehicle which is propelled
11    by  electric  power obtained from over head trolley wires but
12    not operated upon rails,  except  vehicles  moved  solely  by
13    human power and motorized wheel chairs.
14        (23)  Non-resident   CDL.   "Non-resident  CDL"  means  a
15    commercial  driver's  license  issued  by  a  state   to   an
16    individual who is domiciled in a foreign jurisdiction.
17        (24)  (Blank).
18        (25)  (Blank).
19        (25.5)  Railroad-Highway    Grade   Crossing   Violation.
20    "Railroad-highway   grade   crossing   violation"   means   a
21    violation, while operating a commercial motor vehicle, of any
22    of the following:
23                  (A)  Section 11-1201, 11-1202,  or  11-1425  of
24             this Code.
25                  (B)  (C)  (D) (E) (F) (G) (H) Any other similar
26             law or local ordinance  of  any  state  relating  to
27             railroad-highway grade crossing. (A) (G)
28        (26)  Serious   Traffic   Violation.    "Serious  traffic
29    violation" means:
30             (A)  a conviction when operating a commercial  motor
31        vehicle of:
32                  (i)  a    violation   relating   to   excessive
33             speeding, involving a single speeding charge  of  15
34             miles  per hour or more above the legal speed limit;
 
                            -432-    LRB093 05878 EFG 05971 b
 1             or
 2                  (ii)  a violation relating to reckless driving;
 3             or
 4                  (iii)  a violation of any State  law  or  local
 5             ordinance  relating to motor vehicle traffic control
 6             (other   than   parking   violations)   arising   in
 7             connection with a fatal traffic accident; or
 8                  (iv)  a violation of Section 6-501, relating to
 9             having multiple driver's licenses; or
10                  (v)  a violation of paragraph  (a)  of  Section
11             6-507,  relating  to the requirement to have a valid
12             CDL; or
13                  (vi)  a  violation  relating  to  improper   or
14             erratic traffic lane changes; or
15                  (vii)  a   violation   relating   to  following
16             another vehicle too closely; or
17             (B)  any other similar violation of a law  or  local
18        ordinance  of any state relating to motor vehicle traffic
19        control,  other  than  a  parking  violation,  which  the
20        Secretary of State determines by administrative  rule  to
21        be serious.
22        (27)  State.  "State" means a state of the United States,
23    the  District  of  Columbia  and any province or territory of
24    Canada.
25        (28)  (Blank).
26        (29)  (Blank).
27        (30)  (Blank).
28        (31)  (Blank).
29    (Source: P.A. 92-249,  eff.  1-1-02;  92-651,  eff.  7-11-02;
30    92-834, eff. 8-22-02; revised 8-26-02.)

31        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
32        Sec. 11-605. Special speed limit while passing schools or
33    while  traveling  through highway construction or maintenance
 
                            -433-    LRB093 05878 EFG 05971 b
 1    zones.
 2        (a)  For the purpose of this Section, "school" means  the
 3    following entities:
 4             (1)  A   public  or  private  primary  or  secondary
 5        school.
 6             (2)  A primary or secondary  school  operated  by  a
 7        religious institution.
 8             (3)  A public, private, or religious nursery school.
 9        On  a  school day when school children are present and so
10    close thereto that a potential hazard exists because  of  the
11    close  proximity  of  the  motorized traffic, no person shall
12    drive a motor vehicle at a speed in excess of  20  miles  per
13    hour  while  passing  a  school  zone or while traveling on a
14    roadway  on  public  school  property  or  upon  any   public
15    thoroughfare where children pass going to and from school.
16        For  the purpose of this Section a school day shall begin
17    at seven ante  meridian  and  shall  conclude  at  four  post
18    meridian.
19        This  Section  shall not be applicable unless appropriate
20    signs are  posted  upon  streets  and  highways  under  their
21    respective  jurisdiction  and  maintained  by the Department,
22    township,   county,   park   district,   city,   village   or
23    incorporated town wherein the school zone  is  located.  With
24    regard to the special speed limit while passing schools, such
25    signs  shall  give  proper  due warning that a school zone is
26    being approached and shall indicate the school zone  and  the
27    maximum  speed limit in effect during school days when school
28    children are present.
29        (b)  No  person  shall  operate  a  motor  vehicle  in  a
30    construction or maintenance zone at a speed in excess of  the
31    posted  speed  limit when workers are present and so close to
32    the moving traffic that a potential hazard exists because  of
33    the motorized traffic.
34        (c)  Nothing  in  this  Chapter shall prohibit the use of
 
                            -434-    LRB093 05878 EFG 05971 b
 1    electronic speed-detecting devices within 500 feet  of  signs
 2    within  a  special  school  speed  zone  or a construction or
 3    maintenance zone indicating such zone,  as  defined  in  this
 4    Section,  nor shall evidence obtained thereby be inadmissible
 5    in any prosecution for speeding  provided  the  use  of  such
 6    device shall apply only to the enforcement of the speed limit
 7    in  such  special  school  speed  zone  or  a construction or
 8    maintenance zone.
 9        (d)  For the purpose of this Section, a  construction  or
10    maintenance  zone  is  an  area in which the Department, Toll
11    Highway Authority, or local agency has  determined  that  the
12    preexisting   established   speed  limit  through  a  highway
13    construction  or  maintenance  project  is  greater  than  is
14    reasonable or safe with respect to the conditions expected to
15    exist in the construction or maintenance zone and has  posted
16    a   lower   speed   limit  with  a  highway  construction  or
17    maintenance zone special speed limit sign.
18        Highway construction or maintenance  zone  special  speed
19    limit  signs shall be of a design approved by the Department.
20    The signs shall give proper due warning that  a  construction
21    or  maintenance  zone  is being approached and shall indicate
22    the maximum speed limit in  effect.   The  signs  shall  also
23    state  the  amount  of  the minimum fine for a violation when
24    workers are present.
25        (e)  A first violation of this Section is a petty offense
26    with  a  minimum  fine  of  $150.   A  second  or  subsequent
27    violation of this Section is a petty offense with  a  minimum
28    fine of $300.
29        (f)  When  a  fine  for  a violation of subsection (a) is
30    $150 or greater, the person who violates subsection (a) shall
31    be charged an additional $50 to be paid to  the  unit  school
32    district  where  the  violation  occurred  for  school safety
33    purposes.   If  the  violation  occurred  in  a  dual  school
34    district,  $25  of  the  surcharge  shall  be  paid  to   the
 
                            -435-    LRB093 05878 EFG 05971 b
 1    elementary school district for school safety purposes and $25
 2    of  the  surcharge  shall be paid to the high school district
 3    for  school  safety  purposes.   Notwithstanding  any   other
 4    provision  of  law, the entire $50 surcharge shall be paid to
 5    the appropriate school district or districts.
 6        For purposes  of  this  subsection  (f),  "school  safety
 7    purposes"  includes  the  costs  associated  with school zone
 8    safety  education  and  the   purchase,   installation,   and
 9    maintenance  of  caution  lights  which are mounted on school
10    speed zone signs.
11        (g)  When a fine for a violation  of  subsection  (b)  is
12    $150 or greater, the person who violates subsection (b) shall
13    be  charged  an  additional $50.   The $50 surcharge shall be
14    deposited into the Transportation  Safety  Highway  Hire-back
15    Fund.
16        (h)  The  Transportation Safety Highway Hire-back Fund is
17    created as a special fund in the State treasury.  Subject  to
18    appropriation  by  the  General  Assembly and approval by the
19    Secretary, the Secretary  of  Transportation  shall  use  all
20    moneys in the Transportation Safety Highway Hire-back Fund to
21    hire  off-duty Department of State Police officers to monitor
22    construction or maintenance zones.
23    (Source: P.A.  91-531,  eff.  1-1-00;  92-242,  eff.  1-1-02;
24    92-619, eff. 1-1-03; 92-780, eff. 8-6-02; revised 8-22-02.)

25        (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
26        Sec. 11-1201.  Obedience to signal indicating approach of
27    train.
28        (a)  Whenever  any  person driving a vehicle approaches a
29    railroad grade  crossing  where  the  driver  is  not  always
30    required  to  stop,  the  person  must  exercise due care and
31    caution as the existence of a railroad track across a highway
32    is a warning of danger, and under any  of  the  circumstances
33    stated  in this Section, the driver shall stop within 50 feet
 
                            -436-    LRB093 05878 EFG 05971 b
 1    but not less than 15  feet  from  the  nearest  rail  of  the
 2    railroad and shall not proceed until the tracks are clear and
 3    he or she can do so safely.  The foregoing requirements shall
 4    apply when:
 5             1.  A  clearly visible electric or mechanical signal
 6        device gives warning  of  the  immediate  approach  of  a
 7        railroad train;
 8             2.  A  crossing  gate  is lowered or a human flagman
 9        gives or continues to give a signal of  the  approach  or
10        passage of a railroad train;
11             3.  A  railroad train approaching a highway crossing
12        emits a warning signal and such railroad train, by reason
13        of  its  speed  or  nearness  to  such  crossing,  is  an
14        immediate hazard;
15             4.  An approaching railroad train is plainly visible
16        and is in hazardous proximity to such crossing;
17             5.  A railroad train is approaching so closely  that
18        an immediate hazard is created.
19        (a-5)  Whenever  a  person driving a vehicle approaches a
20    railroad grade  crossing  where  the  driver  is  not  always
21    required to stop but must slow down, the person must exercise
22    due  care  and  caution  as the existence of a railroad track
23    across a highway is a warning of danger, and under any of the
24    circumstances stated in this Section, the driver  shall  slow
25    down  within  50  feet  but  not  less  than 15 feet from the
26    nearest rail of the railroad and shall not proceed  until  he
27    or  she  checks  that  the tracks are clear of an approaching
28    train.
29        (b)  No person shall drive any vehicle through, around or
30    under any crossing gate or barrier  at  a  railroad  crossing
31    while  such  gate  or barrier is closed or is being opened or
32    closed.
33        (c)  The  Department,  and  local  authorities  with  the
34    approval  of  the  Department,  are  hereby   authorized   to
 
                            -437-    LRB093 05878 EFG 05971 b
 1    designate  particularly  dangerous highway grade crossings of
 2    railroads and to erect stop signs thereat.   When  such  stop
 3    signs are erected the driver of any vehicle shall stop within
 4    50  feet  but  not less than 15 feet from the nearest rail of
 5    such railroad and shall  proceed  only  upon  exercising  due
 6    care.
 7        (d)  At   any   railroad  grade  crossing  provided  with
 8    railroad crossbuck signs,  without  automatic,  electric,  or
 9    mechanical signal devices, crossing gates, or a human flagman
10    giving  a  signal  of the approach or passage of a train, the
11    driver of a  vehicle  shall  in  obedience  to  the  railroad
12    crossbuck  sign,  yield  the  right-of-way and slow down to a
13    speed reasonable for the existing conditions and shall  stop,
14    if  required for safety, at a clearly marked stopped line, or
15    if no stop line, within 50 feet but not  less  than  15  feet
16    from  the  nearest rail of the railroad and shall not proceed
17    until he or she can do so safely.  If a driver is involved in
18    a collision at a railroad crossing  or  interferes  with  the
19    movement of a train after driving past the railroad crossbuck
20    sign,  the  collision or interference is prima facie evidence
21    of the driver's failure to yield right-of-way.
22        (d-1)  No person shall, while driving a commercial  motor
23    vehicle,  fail to negotiate a railroad-highway grade railroad
24    crossing because of insufficient undercarriage clearance.
25        (d-5)  (Blank).
26        (e)  It is unlawful to violate any part of this Section.
27             (1)  A violation of this Section is a petty  offense
28        for  which  a  fine  of $250 shall be imposed for a first
29        violation, and a fine of $500  shall  be  imposed  for  a
30        second  or subsequent violation.  The court may impose 25
31        hours of community service in place of the $250 fine  for
32        the first violation.
33             (2)  For  a  second  or  subsequent  violation,  the
34        Secretary  of State may suspend the driving privileges of
 
                            -438-    LRB093 05878 EFG 05971 b
 1        the offender for a minimum of 6 months.
 2        (f)  Corporate  authorities  of  municipal   corporations
 3    regulating  operators  of  vehicles that fail to obey signals
 4    indicating the presence, approach, passage, or departure of a
 5    train shall impose fines as established in subsection (e)  of
 6    this Section.
 7    (Source:  P.A.  92-245,  eff.  8-3-01;  92-249,  eff. 1-1-02;
 8    92-651, eff.  7-11-02;  92-814,  eff.  1-1-03;  92-834,  eff.
 9    8-22-02; revised 8-26-02.)

10        (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
11        (Text of Section before amendment by P.A. 92-872)
12        Sec. 12-215.  Oscillating, rotating or flashing lights on
13    motor vehicles. Except as otherwise provided in this Code:
14        (a)  The  use  of  red  or white oscillating, rotating or
15    flashing lights, whether lighted or unlighted, is  prohibited
16    except on:
17             1.  Law  enforcement  vehicles  of State, Federal or
18        local authorities;
19             2.  A vehicle operated by a police officer or county
20        coroner   and   designated   or   authorized   by   local
21        authorities, in writing, as a  law  enforcement  vehicle;
22        however,   such  designation  or  authorization  must  be
23        carried in the vehicle;
24             3.  Vehicles of local fire departments and State  or
25        federal firefighting vehicles;
26             4.  Vehicles which are designed and used exclusively
27        as  ambulances  or  rescue  vehicles;  furthermore,  such
28        lights  shall not be lighted except when responding to an
29        emergency call for and while actually conveying the  sick
30        or injured;
31             5.  Tow  trucks  licensed  in  a state that requires
32        such  lights;  furthermore,  such  lights  shall  not  be
33        lighted on any such tow truck  while  the  tow  truck  is
 
                            -439-    LRB093 05878 EFG 05971 b
 1        operating in the State of Illinois;
 2             6.  Vehicles  of  the  Illinois Emergency Management
 3        Agency, and vehicles of the Department of Nuclear Safety;
 4        and
 5             7.  Vehicles operated by a local or county emergency
 6        management services agency as  defined  in  the  Illinois
 7        Emergency Management Agency Act.
 8        (b)  The  use  of amber oscillating, rotating or flashing
 9    lights, whether lighted or unlighted,  is  prohibited  except
10    on:
11             1.  Second  division  vehicles designed and used for
12        towing or hoisting  vehicles;  furthermore,  such  lights
13        shall not be lighted except as required in this paragraph
14        1;  such  lights  shall be lighted when such vehicles are
15        actually being used  at  the  scene  of  an  accident  or
16        disablement;  if  the  towing  vehicle is equipped with a
17        flat bed that supports all wheels of  the  vehicle  being
18        transported,  the  lights  shall not be lighted while the
19        vehicle is engaged in towing on a highway; if the  towing
20        vehicle is not equipped with a flat bed that supports all
21        wheels  of  a vehicle being transported, the lights shall
22        be lighted while the towing vehicle is engaged in  towing
23        on  a highway during all times when the use of headlights
24        is required under Section 12-201 of this Code;
25             2.  Motor vehicles or  equipment  of  the  State  of
26        Illinois, local authorities and contractors; furthermore,
27        such  lights  shall  not  be  lighted  except  while such
28        vehicles  are  engaged  in  maintenance  or  construction
29        operations within the limits of construction projects;
30             3.  Vehicles or equipment  used  by  engineering  or
31        survey  crews;  furthermore,  such  lights  shall  not be
32        lighted except while such vehicles are  actually  engaged
33        in work on a highway;
34             4.  Vehicles of public utilities, municipalities, or
 
                            -440-    LRB093 05878 EFG 05971 b
 1        other  construction,  maintenance  or  automotive service
 2        vehicles except that such lights shall be lighted only as
 3        a means  for  indicating  the  presence  of  a  vehicular
 4        traffic  hazard  requiring  unusual  care in approaching,
 5        overtaking or passing while such vehicles are engaged  in
 6        maintenance, service or construction on a highway;
 7             5.  Oversized  vehicle or load; however, such lights
 8        shall only be lighted when moving under permit issued  by
 9        the Department under Section 15-301 of this Code;
10             6.  The  front and rear of motorized equipment owned
11        and operated by the State of Illinois  or  any  political
12        subdivision  thereof,  which  is  designed  and  used for
13        removal of snow and ice from highways;
14             7.  Fleet  safety  vehicles  registered  in  another
15        state, furthermore, such  lights  shall  not  be  lighted
16        except as provided for in Section 12-212 of this Code;
17             8.  Such  other  vehicles  as  may  be authorized by
18        local authorities;
19             9.  Law  enforcement  vehicles  of  State  or  local
20        authorities   when   used   in   combination   with   red
21        oscillating, rotating or flashing lights;
22             9.5.  Propane delivery trucks;
23             10.  Vehicles used for collecting or delivering mail
24        for the United States Postal Service provided  that  such
25        lights shall not be lighted except when such vehicles are
26        actually being used for such purposes;
27             11.  Any  vehicle  displaying  a slow-moving vehicle
28        emblem as provided in Section 12-205.1;
29             12.  All trucks  equipped  with  self-compactors  or
30        roll-off  hoists  and  roll-on  containers for garbage or
31        refuse hauling.  Such lights shall not be lighted  except
32        when  such  vehicles  are  actually  being  used for such
33        purposes;
34             13.  Vehicles used  by  a  security  company,  alarm
 
                            -441-    LRB093 05878 EFG 05971 b
 1        responder, or control agency; and
 2             14.  Security  vehicles  of  the Department of Human
 3        Services; however, the lights shall not be lighted except
 4        when being used for security related purposes  under  the
 5        direction of the superintendent of the facility where the
 6        vehicle is located.
 7        (c)  The  use  of  blue oscillating, rotating or flashing
 8    lights, whether lighted or unlighted,  is  prohibited  except
 9    on:
10             1.  Rescue  squad  vehicles  not  owned  by  a  fire
11        department and vehicles owned or fully operated by a:
12                  voluntary firefighter;
13                  paid firefighter;
14                  part-paid firefighter;
15                  call firefighter;
16                  member  of  the  board  of  trustees  of a fire
17             protection district;
18                  paid or unpaid member of a rescue squad;
19                  paid or unpaid member of a voluntary  ambulance
20             unit; or
21                  paid  or  unpaid  members  of a local or county
22             emergency management services agency as  defined  in
23             the   Illinois   Emergency  Management  Agency  Act,
24             designated or authorized by  local  authorities,  in
25             writing,    and   carrying   that   designation   or
26             authorization in the vehicle.
27             However, such lights are not to  be  lighted  except
28        when responding to a bona fide emergency.
29             2.  Police  department  vehicles  in cities having a
30        population of 500,000 or more inhabitants.
31             3.  Law  enforcement  vehicles  of  State  or  local
32        authorities   when   used   in   combination   with   red
33        oscillating, rotating or flashing lights.
34             4.  Vehicles of local fire departments and State  or
 
                            -442-    LRB093 05878 EFG 05971 b
 1        federal  firefighting  vehicles  when used in combination
 2        with red oscillating, rotating or flashing lights.
 3             5.  Vehicles which are designed and used exclusively
 4        as ambulances or rescue vehicles when used in combination
 5        with  red  oscillating,  rotating  or  flashing   lights;
 6        furthermore, such lights shall not be lighted except when
 7        responding to an emergency call.
 8             6.  Vehicles  that are equipped and used exclusively
 9        as organ transport vehicles when used in combination with
10        red   oscillating,   rotating,   or   flashing    lights;
11        furthermore,  these lights shall only be lighted when the
12        transportation is declared an emergency by  a  member  of
13        the  transplant  team  or  a  representative of the organ
14        procurement organization.
15             7.  Vehicles of the  Illinois  Emergency  Management
16        Agency  and vehicles of the Department of Nuclear Safety,
17        when used in combination with red oscillating,  rotating,
18        or flashing lights.
19             8.  Vehicles operated by a local or county emergency
20        management  services  agency  as  defined in the Illinois
21        Emergency Management Agency Act, when used in combination
22        with red oscillating, rotating, or flashing lights.
23        (c-1)  In addition to the blue oscillating, rotating,  or
24    flashing   lights   permitted   under   subsection  (c),  and
25    notwithstanding subsection  (a),  a  vehicle  operated  by  a
26    voluntary  firefighter  may  be  equipped with flashing white
27    headlights and blue grill lights, which may be used  only  in
28    responding to an emergency call.
29        (c-2)  In  addition to the blue oscillating, rotating, or
30    flashing  lights  permitted   under   subsection   (c),   and
31    notwithstanding  subsection (a), a vehicle operated by a paid
32    or unpaid member of a local or  county  emergency  management
33    services   agency   as  defined  in  the  Illinois  Emergency
34    Management  Agency  Act,   may   be   equipped   with   white
 
                            -443-    LRB093 05878 EFG 05971 b
 1    oscillating,  rotating,  or  flashing  lights  to  be used in
 2    combination with  blue  oscillating,  rotating,  or  flashing
 3    lights,  if  authorization by local authorities is in writing
 4    and carried in the vehicle.
 5        (d)  The  use  of  a  combination  of  amber  and   white
 6    oscillating,  rotating or flashing lights, whether lighted or
 7    unlighted, is prohibited, except motor vehicles or  equipment
 8    of  the  State of Illinois, local authorities and contractors
 9    may be so equipped; furthermore, such  lights  shall  not  be
10    lighted  except  while  such  vehicles are engaged in highway
11    maintenance or construction operations within the  limits  of
12    highway construction projects.
13        (e)  All   oscillating,   rotating   or  flashing  lights
14    referred to in this Section shall be of sufficient intensity,
15    when illuminated,  to  be  visible  at  500  feet  in  normal
16    sunlight.
17        (f)  Nothing   in   this   Section   shall   prohibit   a
18    manufacturer  of  oscillating, rotating or flashing lights or
19    his representative from temporarily mounting such lights on a
20    vehicle for demonstration purposes only.
21        (g)  Any person violating the provisions  of  subsections
22    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
23    authority stops or detains or  attempts  to  stop  or  detain
24    another person shall be guilty of a Class 4 felony.
25        (h)  Except  as  provided  in  subsection  (g) above, any
26    person violating the provisions of subsections (a) or (c)  of
27    this Section shall be guilty of a Class A misdemeanor.
28    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
29    92-407, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-782,  eff.
30    8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)

31        (Text of Section after amendment by P.A. 92-872)
32        Sec. 12-215.  Oscillating, rotating or flashing lights on
33    motor vehicles. Except as otherwise provided in this Code:
34        (a)  The  use  of  red  or white oscillating, rotating or
 
                            -444-    LRB093 05878 EFG 05971 b
 1    flashing lights, whether lighted or unlighted, is  prohibited
 2    except on:
 3             1.  Law  enforcement  vehicles  of State, Federal or
 4        local authorities;
 5             2.  A vehicle operated by a police officer or county
 6        coroner   and   designated   or   authorized   by   local
 7        authorities, in writing, as a  law  enforcement  vehicle;
 8        however,   such  designation  or  authorization  must  be
 9        carried in the vehicle;
10             3.  Vehicles of local fire departments and State  or
11        federal firefighting vehicles;
12             4.  Vehicles which are designed and used exclusively
13        as  ambulances  or  rescue  vehicles;  furthermore,  such
14        lights  shall not be lighted except when responding to an
15        emergency call for and while actually conveying the  sick
16        or injured;
17             5.  Tow  trucks  licensed  in  a state that requires
18        such  lights;  furthermore,  such  lights  shall  not  be
19        lighted on any such tow truck  while  the  tow  truck  is
20        operating in the State of Illinois;
21             6.  Vehicles  of  the  Illinois Emergency Management
22        Agency, and vehicles of the Department of Nuclear Safety;
23        and
24             7.  Vehicles operated by a local or county emergency
25        management services agency as  defined  in  the  Illinois
26        Emergency Management Agency Act.
27        (b)  The  use  of amber oscillating, rotating or flashing
28    lights, whether lighted or unlighted,  is  prohibited  except
29    on:
30             1.  Second  division  vehicles designed and used for
31        towing or hoisting  vehicles;  furthermore,  such  lights
32        shall not be lighted except as required in this paragraph
33        1;  such  lights  shall be lighted when such vehicles are
34        actually being used  at  the  scene  of  an  accident  or
 
                            -445-    LRB093 05878 EFG 05971 b
 1        disablement;  if  the  towing  vehicle is equipped with a
 2        flat bed that supports all wheels of  the  vehicle  being
 3        transported,  the  lights  shall not be lighted while the
 4        vehicle is engaged in towing on a highway; if the  towing
 5        vehicle is not equipped with a flat bed that supports all
 6        wheels  of  a vehicle being transported, the lights shall
 7        be lighted while the towing vehicle is engaged in  towing
 8        on  a highway during all times when the use of headlights
 9        is required under Section 12-201 of this Code;
10             2.  Motor vehicles or  equipment  of  the  State  of
11        Illinois, local authorities and contractors; furthermore,
12        such  lights  shall  not  be  lighted  except  while such
13        vehicles  are  engaged  in  maintenance  or  construction
14        operations within the limits of construction projects;
15             3.  Vehicles or equipment  used  by  engineering  or
16        survey  crews;  furthermore,  such  lights  shall  not be
17        lighted except while such vehicles are  actually  engaged
18        in work on a highway;
19             4.  Vehicles of public utilities, municipalities, or
20        other  construction,  maintenance  or  automotive service
21        vehicles except that such lights shall be lighted only as
22        a means  for  indicating  the  presence  of  a  vehicular
23        traffic  hazard  requiring  unusual  care in approaching,
24        overtaking or passing while such vehicles are engaged  in
25        maintenance, service or construction on a highway;
26             5.  Oversized  vehicle or load; however, such lights
27        shall only be lighted when moving under permit issued  by
28        the Department under Section 15-301 of this Code;
29             6.  The  front and rear of motorized equipment owned
30        and operated by the State of Illinois  or  any  political
31        subdivision  thereof,  which  is  designed  and  used for
32        removal of snow and ice from highways;
33             7.  Fleet  safety  vehicles  registered  in  another
34        state, furthermore, such  lights  shall  not  be  lighted
 
                            -446-    LRB093 05878 EFG 05971 b
 1        except as provided for in Section 12-212 of this Code;
 2             8.  Such  other  vehicles  as  may  be authorized by
 3        local authorities;
 4             9.  Law  enforcement  vehicles  of  State  or  local
 5        authorities   when   used   in   combination   with   red
 6        oscillating, rotating or flashing lights;
 7             9.5.  Propane delivery trucks;
 8             10.  Vehicles used for collecting or delivering mail
 9        for the United States Postal Service provided  that  such
10        lights shall not be lighted except when such vehicles are
11        actually being used for such purposes;
12             11.  Any  vehicle  displaying  a slow-moving vehicle
13        emblem as provided in Section 12-205.1;
14             12.  All trucks  equipped  with  self-compactors  or
15        roll-off  hoists  and  roll-on  containers for garbage or
16        refuse hauling.  Such lights shall not be lighted  except
17        when  such  vehicles  are  actually  being  used for such
18        purposes;
19             13.  Vehicles used  by  a  security  company,  alarm
20        responder, or control agency;
21             14.  Security  vehicles  of  the Department of Human
22        Services; however, the lights shall not be lighted except
23        when being used for security related purposes  under  the
24        direction of the superintendent of the facility where the
25        vehicle is located; and
26             15.  Vehicles  of union representatives, except that
27        the lights shall be lighted only  while  the  vehicle  is
28        within the limits of a construction project.
29        (c)  The  use  of  blue oscillating, rotating or flashing
30    lights, whether lighted or unlighted,  is  prohibited  except
31    on:
32             1.  Rescue  squad  vehicles  not  owned  by  a  fire
33        department and vehicles owned or fully operated by a:
34                  voluntary firefighter;
 
                            -447-    LRB093 05878 EFG 05971 b
 1                  paid firefighter;
 2                  part-paid firefighter;
 3                  call firefighter;
 4                  member  of  the  board  of  trustees  of a fire
 5             protection district;
 6                  paid or unpaid member of a rescue squad;
 7                  paid or unpaid member of a voluntary  ambulance
 8             unit; or
 9                  paid  or  unpaid  members  of a local or county
10             emergency management services agency as  defined  in
11             the   Illinois   Emergency  Management  Agency  Act,
12             designated or authorized by  local  authorities,  in
13             writing,    and   carrying   that   designation   or
14             authorization in the vehicle.
15             However, such lights are not to  be  lighted  except
16        when responding to a bona fide emergency.
17             2.  Police  department  vehicles  in cities having a
18        population of 500,000 or more inhabitants.
19             3.  Law  enforcement  vehicles  of  State  or  local
20        authorities   when   used   in   combination   with   red
21        oscillating, rotating or flashing lights.
22             4.  Vehicles of local fire departments and State  or
23        federal  firefighting  vehicles  when used in combination
24        with red oscillating, rotating or flashing lights.
25             5.  Vehicles which are designed and used exclusively
26        as ambulances or rescue vehicles when used in combination
27        with  red  oscillating,  rotating  or  flashing   lights;
28        furthermore, such lights shall not be lighted except when
29        responding to an emergency call.
30             6.  Vehicles  that are equipped and used exclusively
31        as organ transport vehicles when used in combination with
32        red   oscillating,   rotating,   or   flashing    lights;
33        furthermore,  these lights shall only be lighted when the
34        transportation is declared an emergency by  a  member  of
 
                            -448-    LRB093 05878 EFG 05971 b
 1        the  transplant  team  or  a  representative of the organ
 2        procurement organization.
 3             7.  Vehicles of the  Illinois  Emergency  Management
 4        Agency  and vehicles of the Department of Nuclear Safety,
 5        when used in combination with red oscillating,  rotating,
 6        or flashing lights.
 7             8.  Vehicles operated by a local or county emergency
 8        management  services  agency  as  defined in the Illinois
 9        Emergency Management Agency Act, when used in combination
10        with red oscillating, rotating, or flashing lights.
11        (c-1)  In addition to the blue oscillating, rotating,  or
12    flashing   lights   permitted   under   subsection  (c),  and
13    notwithstanding subsection  (a),  a  vehicle  operated  by  a
14    voluntary  firefighter, a voluntary member of a rescue squad,
15    or a member of a voluntary ambulance  unit  may  be  equipped
16    with  flashing  white headlights and blue grill lights, which
17    may be used only in responding to an emergency call.
18        (c-2)  In addition to the blue oscillating, rotating,  or
19    flashing   lights   permitted   under   subsection  (c),  and
20    notwithstanding subsection (a), a vehicle operated by a  paid
21    or  unpaid  member  of a local or county emergency management
22    services  agency  as  defined  in  the   Illinois   Emergency
23    Management   Agency   Act,   may   be   equipped  with  white
24    oscillating, rotating, or  flashing  lights  to  be  used  in
25    combination  with  blue  oscillating,  rotating,  or flashing
26    lights, if authorization by local authorities is  in  writing
27    and carried in the vehicle.
28        (d)  The   use  of  a  combination  of  amber  and  white
29    oscillating, rotating or flashing lights, whether lighted  or
30    unlighted,  is  prohibited except motor vehicles or equipment
31    of the State of Illinois, local authorities, contractors, and
32    union representatives may be so equipped;  furthermore,  such
33    lights  shall  not  be  lighted  on  vehicles of the State of
34    Illinois, local authorities,  and  contractors  except  while
 
                            -449-    LRB093 05878 EFG 05971 b
 1    such   vehicles   are   engaged  in  highway  maintenance  or
 2    construction  operations  within  the   limits   of   highway
 3    construction  projects,  and  shall  not  be  lighted  on the
 4    vehicles of union representatives except when those  vehicles
 5    are within the limits of a construction project.
 6        (e)  All   oscillating,   rotating   or  flashing  lights
 7    referred to in this Section shall be of sufficient intensity,
 8    when illuminated,  to  be  visible  at  500  feet  in  normal
 9    sunlight.
10        (f)  Nothing   in   this   Section   shall   prohibit   a
11    manufacturer  of  oscillating, rotating or flashing lights or
12    his representative from temporarily mounting such lights on a
13    vehicle for demonstration purposes only.
14        (g)  Any person violating the provisions  of  subsections
15    (a),  (b),  (c)  or  (d)  of  this Section who without lawful
16    authority stops or detains or  attempts  to  stop  or  detain
17    another person shall be guilty of a Class 4 felony.
18        (h)  Except  as  provided  in  subsection  (g) above, any
19    person violating the provisions of subsections (a) or (c)  of
20    this Section shall be guilty of a Class A misdemeanor.
21    (Source:  P.A.  91-357,  eff.  7-29-99; 92-138, eff. 7-24-01;
22    92-407, eff. 8-17-01;  92-651,  eff.  7-11-02;  92-782,  eff.
23    8-6-02;  92-820,  eff.  8-21-02; 92-872, eff. 6-1-03; revised
24    1-10-03.)

25        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
26        Sec. 18b-105.  Rules and Regulations.
27        (a)  The Department  is  authorized  to  make  and  adopt
28    reasonable  rules  and regulations and orders consistent with
29    law necessary to carry out the provisions of this Chapter.
30        (b)  The following parts of  Title  49  of  the  Code  of
31    Federal  Regulations, as now in effect, are hereby adopted by
32    reference as though they were set out in full:
33        Part  383  -  Commercial  Driver's   License   Standards,
 
                            -450-    LRB093 05878 EFG 05971 b
 1    Requirements, and Penalties;
 2        Part 385 - Safety Fitness Procedures;
 3        Part  390  -  Federal  Motor  Carrier Safety Regulations:
 4    General;
 5        Part 391 - Qualifications of Drivers;
 6        Part 392 - Driving of Motor Vehicles;
 7        Part 393 -  Parts  and  Accessories  Necessary  for  Safe
 8    Operation;
 9        Part  395  -  Hours  of  Service  of  Drivers,  except as
10    provided in Section 18b-106.1; and
11        Part 396 - Inspection, Repair and Maintenance.
12        (b-5)  Individuals who meet the requirements set forth in
13    the definition of "medical examiner" in Section 390.5 of Part
14    390 of Title 49 of the Code of Federal Regulations may act as
15    medical examiners in accordance with Part 391 of Title 49  of
16    the Code of Federal Regulations.
17        (c)  The  following  parts  and  Sections  of the Federal
18    Motor Carrier Safety Regulations shall  not  apply  to  those
19    intrastate   carriers,   drivers   or   vehicles  subject  to
20    subsection (b).
21             (1)  Section 393.93 of Part 393 for  those  vehicles
22        manufactured before June 30, 1972.
23             (2)  Section  393.86  of Part 393 for those vehicles
24        which are registered as farm trucks under subsection  (c)
25        of Section 3-815 of this Code.
26             (3)  (Blank).
27             (4)  (Blank).
28             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
29             (6)  All  of Part 395 for all agricultural movements
30        as defined in Chapter 1, between the period of February 1
31        through November 30 each year, and  all  farm  to  market
32        agricultural  transportation  as defined in Chapter 1 and
33        for grain hauling operations within a radius of  200  air
34        miles of the normal work reporting location.
 
                            -451-    LRB093 05878 EFG 05971 b
 1             (7)  Paragraphs  (b)(3) (insulin dependent diabetic)
 2        and (b)(10) (minimum visual acuity) of Section 391.41  of
 3        part  391,  but only for any driver who immediately prior
 4        to July 29, 1986 was eligible and licensed to  operate  a
 5        motor  vehicle subject to this Section and was engaged in
 6        operating such vehicles, and who was disqualified on July
 7        29, 1986 by the adoption of Part 391  by  reason  of  the
 8        application  of  paragraphs (b)(3) and (b)(10) of Section
 9        391.41 with respect to a physical condition  existing  at
10        that  time  unless  such driver has a record of accidents
11        which would indicate a lack of ability to operate a motor
12        vehicle in a safe manner.
13        (d)  Intrastate  carriers  subject   to   the   recording
14    provisions  of Section 395.8 of Part 395 of the Federal Motor
15    Carrier Safety Regulations shall  be  exempt  as  established
16    under  paragraph (1) of Section 395.8; provided, however, for
17    the purpose of this Code, drivers shall operate within a  150
18    air-mile  radius  of  the  normal  work reporting location to
19    qualify for exempt status.
20        (e)  Regulations adopted by the Department subsequent  to
21    those  adopted under subsection (b) hereof shall be identical
22    in substance to the Federal Motor Carrier Safety  Regulations
23    of the United States Department of Transportation and adopted
24    in  accordance  with the procedures for rulemaking in Section
25    5-35 of the Illinois Administrative Procedure Act.
26    (Source: P.A.  91-179,  eff.  1-1-00;  92-108;  eff.  1-1-02;
27    92-249;  eff.  1-1-02;  92-651,  eff.  7-11-02;  92-703, eff.
28    7-19-02; revised 7-30-02.)

29        Section 49.  The Criminal Code  of  1961  is  amended  by
30    renumbering  Section  2-.5  and  changing Sections 3-6, 12-2,
31    12-4, and 17-1 as follows:

32        (720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5)
 
                            -452-    LRB093 05878 EFG 05971 b
 1        Sec. 2-0.5. 2-.5.  For the purposes  of  this  Code,  the
 2    words and phrases described in this Article have the meanings
 3    designated  in this Article, except when a particular context
 4    clearly requires a different meaning.
 5    (Source: Laws 1961, p. 1983; revised 6-10-02.)

 6        (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
 7        Sec. 3-6.  Extended limitations. The period within  which
 8    a  prosecution  must  be  commenced  under  the provisions of
 9    Section 3-5 or other applicable statute is extended under the
10    following conditions:
11        (a)  A prosecution for theft  involving  a  breach  of  a
12    fiduciary obligation to the aggrieved person may be commenced
13    as follows:
14             (1)  If  the aggrieved person is a minor or a person
15        under legal disability, then during the minority or legal
16        disability or  within  one  year  after  the  termination
17        thereof.
18             (2)  In  any  other  instance, within one year after
19        the discovery of the offense by an aggrieved  person,  or
20        by  a  person  who  has  legal  capacity  to represent an
21        aggrieved person or  has  a  legal  duty  to  report  the
22        offense,  and  is  not  himself or herself a party to the
23        offense; or in the absence of such discovery, within  one
24        year  after  the proper prosecuting officer becomes aware
25        of the offense. However, in no such case is the period of
26        limitation so extended  more  than  3  years  beyond  the
27        expiration of the period otherwise applicable.
28        (b)  A  prosecution for any offense based upon misconduct
29    in office by a public officer or employee  may  be  commenced
30    within  one  year  after discovery of the offense by a person
31    having a legal duty to report such offense, or in the absence
32    of  such  discovery,  within  one  year  after   the   proper
33    prosecuting officer becomes aware of the offense. However, in
 
                            -453-    LRB093 05878 EFG 05971 b
 1    no  such  case  is  the period of limitation so extended more
 2    than 3 years beyond the expiration of  the  period  otherwise
 3    applicable.
 4        (c)  Except  as  otherwise  provided in subsection (a) of
 5    Section 3-5 of this Code and subdivision (i) or (j)  of  this
 6    Section,  a  prosecution  for  any  offense  involving sexual
 7    conduct or sexual penetration, as defined in Section 12-12 of
 8    this Code, where the victim and defendant are family members,
 9    as defined in Section 12-12 of this Code,  may  be  commenced
10    within one year of the victim attaining the age of 18 years.
11        (d)  A   prosecution   for  child  pornography,  indecent
12    solicitation  of  a  child,   soliciting   for   a   juvenile
13    prostitute,  juvenile  pimping or exploitation of a child may
14    be commenced within one year of the victim attaining the  age
15    of  18  years. However, in no such case shall the time period
16    for  prosecution  expire  sooner  than  3  years  after   the
17    commission of the offense.  When the victim is under 18 years
18    of  age,  a  prosecution  for  criminal  sexual  abuse may be
19    commenced within one year of the victim attaining the age  of
20    18 years.  However, in no such case shall the time period for
21    prosecution  expire  sooner than 3 years after the commission
22    of the offense.
23        (e)  Except as otherwise provided in subdivision  (j),  a
24    prosecution  for  any  offense  involving  sexual  conduct or
25    sexual penetration, as defined in Section 12-12 of this Code,
26    where the defendant was within a  professional  or  fiduciary
27    relationship   or   a  purported  professional  or  fiduciary
28    relationship with the victim at the time of the commission of
29    the offense may  be  commenced  within  one  year  after  the
30    discovery of the offense by the victim.
31        (f)  A  prosecution  for any offense set forth in Section
32    44 of the "Environmental Protection Act", approved  June  29,
33    1970,  as  amended, may be commenced within 5 years after the
34    discovery of such an offense by a person or agency having the
 
                            -454-    LRB093 05878 EFG 05971 b
 1    legal duty to report the offense or in the  absence  of  such
 2    discovery,  within  5  years  after  the  proper  prosecuting
 3    officer becomes aware of the offense.
 4        (g)  (Blank).
 5        (h)  (Blank).
 6        (i)  Except  as  otherwise provided in subdivision (j), a
 7    prosecution for criminal sexual assault, aggravated  criminal
 8    sexual  assault,  or  aggravated criminal sexual abuse may be
 9    commenced within 10 years of the commission of the offense if
10    the  victim  reported  the   offense   to   law   enforcement
11    authorities  within  2  years  after  the  commission  of the
12    offense.
13        Nothing in this subdivision (i)  shall  be  construed  to
14    shorten a period within which a prosecution must be commenced
15    under any other provision of this Section.
16        (j)  When the victim is under 18 years of age at the time
17    of  the  offense,  a prosecution for criminal sexual assault,
18    aggravated criminal sexual assault, predatory criminal sexual
19    assault of a child, or aggravated criminal sexual abuse or  a
20    prosecution for failure of a person who is required to report
21    an  alleged  or suspected commission of any of these offenses
22    under the Abused and Neglected Child  Reporting  Act  may  be
23    commenced  within  10 years after the child victim attains 18
24    years of age.
25        Nothing in this subdivision (j)  shall  be  construed  to
26    shorten a period within which a prosecution must be commenced
27    under any other provision of this Section.
28    (Source:  P.A.  91-475,  eff.  1-1-00;  91-801, eff. 6-13-00;
29    92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)

30        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
31        Sec. 12-2.  Aggravated assault.
32        (a)  A person commits an  aggravated  assault,  when,  in
33    committing an assault, he:
 
                            -455-    LRB093 05878 EFG 05971 b
 1             (1)  Uses a deadly weapon or any device manufactured
 2        and designed to be substantially similar in appearance to
 3        a  firearm,  other  than  by discharging a firearm in the
 4        direction of another person, a peace  officer,  a  person
 5        summoned  or  directed by a peace officer, a correctional
 6        officer or a fireman or in the  direction  of  a  vehicle
 7        occupied  by  another  person,  a peace officer, a person
 8        summoned or directed by a peace officer,  a  correctional
 9        officer  or  a  fireman  while  the officer or fireman is
10        engaged in the execution of any of his  official  duties,
11        or  to prevent the officer or fireman from performing his
12        official duties, or in retaliation  for  the  officer  or
13        fireman performing his official duties;
14             (2)  Is hooded, robed or masked in such manner as to
15        conceal  his  identity  or  any  device  manufactured and
16        designed to be substantially similar in appearance  to  a
17        firearm;
18             (3)  Knows  the individual assaulted to be a teacher
19        or other person employed in any school and  such  teacher
20        or  other  employee  is  upon  the grounds of a school or
21        grounds adjacent thereto, or is in any part of a building
22        used for school purposes;
23             (4)  Knows  the  individual  assaulted   to   be   a
24        supervisor, director, instructor or other person employed
25        in  any  park  district  and  such  supervisor, director,
26        instructor or other employee is upon the grounds  of  the
27        park  or grounds adjacent thereto, or is in any part of a
28        building used for park purposes;
29             (5)  Knows  the  individual  assaulted   to   be   a
30        caseworker, investigator, or other person employed by the
31        State  Department  of  Public Aid, a County Department of
32        Public Aid, or the Department of Human  Services  (acting
33        as  successor  to  the  Illinois Department of Public Aid
34        under the Department of  Human  Services  Act)  and  such
 
                            -456-    LRB093 05878 EFG 05971 b
 1        caseworker,  investigator,  or  other  person is upon the
 2        grounds of  a  public  aid  office  or  grounds  adjacent
 3        thereto,  or is in any part of a building used for public
 4        aid purposes, or upon the grounds of a home of  a  public
 5        aid  applicant,  recipient  or  any  other  person  being
 6        interviewed  or  investigated in the employees' discharge
 7        of his duties, or on grounds adjacent thereto, or  is  in
 8        any part of a building in which the applicant, recipient,
 9        or other such person resides or is located;
10             (6)  Knows  the  individual  assaulted to be a peace
11        officer, or a community policing volunteer, or a  fireman
12        while  the officer or fireman is engaged in the execution
13        of any of his official duties, or to prevent the officer,
14        community policing volunteer, or fireman from  performing
15        his  official  duties, or in retaliation for the officer,
16        community policing volunteer, or fireman  performing  his
17        official  duties, and the assault is committed other than
18        by the discharge of a firearm in  the  direction  of  the
19        officer  or  fireman  or  in  the  direction of a vehicle
20        occupied by the officer or fireman;
21             (7)  Knows  the  individual  assaulted  to   be   an
22        emergency   medical  technician  -  ambulance,  emergency
23        medical  technician  -  intermediate,  emergency  medical
24        technician - paramedic, ambulance driver or other medical
25        assistance  or  first  aid  personnel  engaged   in   the
26        execution  of  any  of his official duties, or to prevent
27        the emergency medical technician -  ambulance,  emergency
28        medical  technician  -  intermediate,  emergency  medical
29        technician   -  paramedic,  ambulance  driver,  or  other
30        medical assistance or first aid personnel from performing
31        his official duties, or in retaliation for the  emergency
32        medical   technician   -   ambulance,  emergency  medical
33        technician - intermediate, emergency medical technician -
34        paramedic, ambulance driver, or other medical  assistance
 
                            -457-    LRB093 05878 EFG 05971 b
 1        or first aid personnel performing his official duties;
 2             (8)  Knows   the  individual  assaulted  to  be  the
 3        driver,  operator,   employee   or   passenger   of   any
 4        transportation facility or system engaged in the business
 5        of   transportation  of  the  public  for  hire  and  the
 6        individual assaulted is then performing in such  capacity
 7        or  then  using such public transportation as a passenger
 8        or using any area of any description  designated  by  the
 9        transportation  facility or system as a vehicle boarding,
10        departure, or transfer location;
11             (9)  Or the individual assaulted is on  or  about  a
12        public   way,   public   property,  or  public  place  of
13        accommodation or amusement;
14             (10)  Knows  the  individual  assaulted  to  be   an
15        employee   of   the   State   of  Illinois,  a  municipal
16        corporation therein or a political  subdivision  thereof,
17        engaged  in  the  performance of his authorized duties as
18        such employee;
19             (11)  Knowingly  and  without  legal  justification,
20        commits an assault on a physically handicapped person;
21             (12)  Knowingly  and  without  legal  justification,
22        commits an assault on a person 60 years of age or older;
23             (13)  Discharges a firearm;
24             (14)  Knows  the  individual  assaulted  to   be   a
25        correctional officer, while the officer is engaged in the
26        execution  of  any  of  his or her official duties, or to
27        prevent the officer from performing his or  her  official
28        duties,  or in retaliation for the officer performing his
29        or her official duties;
30             (15)  Knows  the  individual  assaulted  to   be   a
31        correctional employee or an employee of the Department of
32        Human   Services   supervising  or  controlling  sexually
33        dangerous persons or sexually violent persons, while  the
34        employee is engaged in the execution of any of his or her
 
                            -458-    LRB093 05878 EFG 05971 b
 1        official   duties,   or  to  prevent  the  employee  from
 2        performing his or her official duties, or in  retaliation
 3        for  the  employee performing his or her official duties,
 4        and the assault is committed other than by the  discharge
 5        of  a  firearm in the direction of the employee or in the
 6        direction of a vehicle occupied by the employee; or
 7             (16)  Knows  the  individual  assaulted  to  be   an
 8        employee  of  a police or sheriff's department engaged in
 9        the performance of his or her  official  duties  as  such
10        employee.
11        (a-5)  A  person commits an aggravated assault when he or
12    she knowingly and  without  lawful  justification  shines  or
13    flashes  a  laser  gunsight  or  other  laser  device that is
14    attached or affixed to a firearm, or used in concert  with  a
15    firearm,  so  that  the  laser  beam  strikes  near or in the
16    immediate vicinity of any person.
17        (b)  Sentence.
18        Aggravated assault as defined in paragraphs  (1)  through
19    (5) and (8) through (12) of subsection (a) of this Section is
20    a  Class  A  misdemeanor.   Aggravated  assault as defined in
21    paragraphs (13), (14), and (15) of  subsection  (a)  of  this
22    Section and as defined in subsection (a-5) of this Section is
23    a   Class   4  felony.   Aggravated  assault  as  defined  in
24    paragraphs (6), (7), and  (16)  of  subsection  (a)  of  this
25    Section  is a Class A misdemeanor if a firearm is not used in
26    the commission of the assault.  Aggravated assault as defined
27    in paragraphs (6), (7), and (16) of subsection  (a)  of  this
28    Section  is  a  Class  4  felony  if a firearm is used in the
29    commission of the assault.
30    (Source: P.A. 91-672,  eff.  1-1-00;  92-841,  eff.  8-22-02;
31    92-865, eff. 1-3-03; revised 1-9-03.)

32        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
33        Sec. 12-4. Aggravated Battery.
 
                            -459-    LRB093 05878 EFG 05971 b
 1        (a)  A person who, in committing a battery, intentionally
 2    or   knowingly   causes   great  bodily  harm,  or  permanent
 3    disability or disfigurement commits aggravated battery.
 4        (b)  In committing a battery, a person commits aggravated
 5    battery if he or she:
 6             (1)  Uses  a  deadly  weapon  other  than   by   the
 7        discharge of a firearm;
 8             (2)  Is  hooded,  robed or masked, in such manner as
 9        to conceal his identity;
10             (3)  Knows the individual harmed to be a teacher  or
11        other  person  employed in any school and such teacher or
12        other employee is upon the grounds of a school or grounds
13        adjacent thereto, or is in any part of  a  building  used
14        for school purposes;
15             (4)  Knows the individual harmed to be a supervisor,
16        director, instructor or other person employed in any park
17        district  and  such  supervisor,  director, instructor or
18        other employee is upon the grounds of the park or grounds
19        adjacent thereto, or is in any part of  a  building  used
20        for park purposes;
21             (5)  Knows the individual harmed to be a caseworker,
22        investigator,  or  other  person  employed  by  the State
23        Department of Public Aid, a County Department  of  Public
24        Aid,  or  the  Department  of  Human  Services (acting as
25        successor to the Illinois Department of Public Aid  under
26        the   Department   of   Human   Services  Act)  and  such
27        caseworker, investigator, or other  person  is  upon  the
28        grounds  of  a  public  aid  office  or  grounds adjacent
29        thereto, or is in any part of a building used for  public
30        aid  purposes,  or upon the grounds of a home of a public
31        aid applicant,  recipient,  or  any  other  person  being
32        interviewed  or  investigated in the employee's discharge
33        of his duties, or on grounds adjacent thereto, or  is  in
34        any part of a building in which the applicant, recipient,
 
                            -460-    LRB093 05878 EFG 05971 b
 1        or other such person resides or is located;
 2             (6)  Knows  the  individual  harmed  to  be  a peace
 3        officer, a community policing volunteer,  a  correctional
 4        institution  employee,  an  employee of the Department of
 5        Human  Services  supervising  or   controlling   sexually
 6        dangerous  persons  or  sexually  violent  persons,  or a
 7        fireman  while  such  officer,  volunteer,  employee   or
 8        fireman  is  engaged  in  the  execution  of any official
 9        duties  including  arrest  or  attempted  arrest,  or  to
10        prevent the officer, volunteer, employee or fireman  from
11        performing  official  duties,  or  in retaliation for the
12        officer,  volunteer,  employee  or   fireman   performing
13        official  duties, and the battery is committed other than
14        by the discharge of a firearm;
15             (7)  Knows the individual harmed to be an  emergency
16        medical   technician   -   ambulance,  emergency  medical
17        technician - intermediate, emergency medical technician -
18        paramedic, ambulance driver,  other  medical  assistance,
19        first aid personnel, or hospital emergency room personnel
20        engaged  in the performance of any of his or her official
21        duties, or to prevent the emergency medical technician  -
22        ambulance,  emergency  medical technician - intermediate,
23        emergency  medical  technician  -  paramedic,   ambulance
24        driver, other medical assistance, first aid personnel, or
25        hospital   emergency   room   personnel  from  performing
26        official  duties,  or  in  retaliation   for   performing
27        official duties;
28             (8)  Is,  or  the  person battered is, on or about a
29        public  way,  public  property   or   public   place   of
30        accommodation or amusement;
31             (9)  Knows  the  individual harmed to be the driver,
32        operator, employee or  passenger  of  any  transportation
33        facility   or   system   engaged   in   the  business  of
34        transportation of the public for hire and the  individual
 
                            -461-    LRB093 05878 EFG 05971 b
 1        assaulted  is  then  performing  in such capacity or then
 2        using such public transportation as a passenger or  using
 3        any   area   of   any   description   designated  by  the
 4        transportation facility or system as a vehicle  boarding,
 5        departure, or transfer location;
 6             (10)  Knowingly  and without legal justification and
 7        by any means causes bodily harm to an  individual  of  60
 8        years of age or older;
 9             (11)  Knows the individual harmed is pregnant;
10             (12)  Knows the individual harmed to be a judge whom
11        the  person  intended  to harm as a result of the judge's
12        performance of his or her official duties as a judge;
13             (13)  Knows the individual harmed to be an  employee
14        of   the  Illinois  Department  of  Children  and  Family
15        Services engaged in the  performance  of  his  authorized
16        duties as such employee;
17             (14)  Knows the individual harmed to be a person who
18        is physically handicapped;
19             (15)  Knowingly  and without legal justification and
20        by any means causes bodily harm to a merchant who detains
21        the person for an  alleged  commission  of  retail  theft
22        under  Section  16A-5  of  this  Code. In this item (15),
23        "merchant" has the meaning  ascribed  to  it  in  Section
24        16A-2.4 of this Code;
25             (16)  Is, or the person battered is, in any building
26        or  other  structure  used  to  provide  shelter or other
27        services to victims  or  to  the  dependent  children  of
28        victims  of  domestic  violence  pursuant to the Illinois
29        Domestic Violence Act of 1986 or  the  Domestic  Violence
30        Shelters  Act,  or the person battered is within 500 feet
31        of such a building or other structure while going  to  or
32        from  such  a  building  or  other  structure.  "Domestic
33        violence" has the meaning ascribed to it in  Section  103
34        of  the Illinois Domestic Violence Act of 1986. "Building
 
                            -462-    LRB093 05878 EFG 05971 b
 1        or other structure  used  to  provide  shelter"  has  the
 2        meaning  ascribed  to  "shelter"  in  Section  1  of  the
 3        Domestic Violence Shelters Act; or
 4             (17)  Knows  the individual harmed to be an employee
 5        of a  police  or  sheriff's  department  engaged  in  the
 6        performance  of  his  or  her  official  duties  as  such
 7        employee.
 8        For  the  purpose  of paragraph (14) of subsection (b) of
 9    this Section, a physically handicapped person is a person who
10    suffers   from   a   permanent   and    disabling    physical
11    characteristic,  resulting  from  disease, injury, functional
12    disorder or congenital condition.
13        (c)  A person who administers to an individual or  causes
14    him  to  take, without his consent or by threat or deception,
15    and  for  other  than  medical  purposes,  any  intoxicating,
16    poisonous, stupefying, narcotic,  anesthetic,  or  controlled
17    substance commits aggravated battery.
18        (d)  A  person  who knowingly gives to another person any
19    food that contains any substance or object that  is  intended
20    to   cause  physical  injury  if  eaten,  commits  aggravated
21    battery.
22        (d-3)  A person commits aggravated battery when he or she
23    knowingly and without lawful justification shines or  flashes
24    a  laser  gunsight  or other laser device that is attached or
25    affixed to a firearm, or used in concert with a  firearm,  so
26    that  the  laser  beam  strikes upon or against the person of
27    another.
28        (d-5)  An inmate of a penal  institution  or  a  sexually
29    dangerous  person or a sexually violent person in the custody
30    of the Department of Human Services who causes or attempts to
31    cause a correctional employee of the penal institution or  an
32    employee  of  the  Department  of Human Services to come into
33    contact with  blood,  seminal  fluid,  urine,  or  feces,  by
34    throwing,  tossing,  or  expelling  that  fluid  or  material
 
                            -463-    LRB093 05878 EFG 05971 b
 1    commits  aggravated battery.  For purposes of this subsection
 2    (d-5), "correctional employee" means a person who is employed
 3    by a penal institution.
 4        (e)  Sentence.
 5        Aggravated  battery  is  a  Class  3  felony,  except   a
 6    violation  of  subsection  (a)  is  a Class 2 felony when the
 7    person knows the individual harmed  to  be  a  peace  officer
 8    engaged  in  the  execution  of  any  of  his or her official
 9    duties, or  the  battery  is  to  prevent  the  officer  from
10    performing  his or her official duties, or in retaliation for
11    the officer performing his or her official duties.
12    (Source: P.A. 91-357,  eff.  7-29-99;  91-488,  eff.  1-1-00;
13    91-619,   eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,  eff.
14    6-28-01; 92-516, eff. 1-1-02; 92-841, eff.  8-22-02;  92-865,
15    eff. 1-3-03; revised 1-9-03.)

16        (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
17        Sec. 17-1.  Deceptive practices.
18    (A)  Definitions.
19        As used in this Section:
20             (i)  A   "Financial  institution"  means  any  bank,
21        savings and loan  association,  credit  union,  or  other
22        depository  of money, or medium of savings and collective
23        investment.
24             (ii)  An "account holder" is any  person,  having  a
25        checking  account  or  savings  account  in  a  financial
26        institution.
27             (iii)  To  act with the "intent to defraud" means to
28        act wilfully, and with the specific intent to deceive  or
29        cheat,  for  the  purpose  of  causing  financial loss to
30        another, or to bring some financial gain to oneself.   It
31        is  not  necessary  to  establish  that  any  person  was
32        actually defrauded or deceived.

33    (B)  General Deception.
 
                            -464-    LRB093 05878 EFG 05971 b
 1        A  person  commits a deceptive practice when, with intent
 2    to defraud, the person does any of the following:
 3             (a)  He or  she  causes  another,  by  deception  or
 4        threat,  to execute a document disposing of property or a
 5        document by which a pecuniary obligation is incurred., or
 6             (b)  Being  an  officer,  manager  or  other  person
 7        participating   in   the   direction   of   a   financial
 8        institution, he or she knowingly receives or permits  the
 9        receipt  of  a  deposit or other investment, knowing that
10        the institution is insolvent., or
11             (c)  He or she knowingly makes or directs another to
12        make a false or  deceptive  statement  addressed  to  the
13        public  for the purpose of promoting the sale of property
14        or services., or
15             (d)  With intent to obtain control over property  or
16        to  pay for property, labor or services of another, or in
17        satisfaction of an obligation for payment  of  tax  under
18        the Retailers' Occupation Tax Act or any other tax due to
19        the  State  of  Illinois,  he or she issues or delivers a
20        check or other order upon a real or fictitious depository
21        for the payment of money, knowing that  it  will  not  be
22        paid by the depository.  Failure to have sufficient funds
23        or  credit  with  the  depository when the check or other
24        order is issued or delivered, or when such check or other
25        order is presented for payment and dishonored on each  of
26        2  occasions  at  least  7  days  apart,  is  prima facie
27        evidence that the offender knows that it will not be paid
28        by the depository, and that he or she has the  intent  to
29        defraud.   In  this  paragraph  (d),  "property" includes
30        rental property (real or personal).
31             (e)  He or she issues or delivers a check  or  other
32        order  upon  a real or fictitious depository in an amount
33        exceeding $150 in payment of an amount owed on any credit
34        transaction  for  property,  labor  or  services,  or  in
 
                            -465-    LRB093 05878 EFG 05971 b
 1        payment  of  the  entire  amount  owed  on   any   credit
 2        transaction for property, labor or services, knowing that
 3        it  will  not  be  paid by the depository, and thereafter
 4        fails to provide funds or credit with the  depository  in
 5        the face amount of the check or order within 7 seven days
 6        of  receiving  actual notice from the depository or payee
 7        of the dishonor of the check or order.
 8    Sentence.
 9        A  person  convicted  of  a  deceptive   practice   under
10    paragraph  paragraphs  (a),  (b), (c), (d), or through (e) of
11    this subsection (B), except as  otherwise  provided  by  this
12    Section, is guilty of a Class A misdemeanor.
13        A  person  convicted of a deceptive practice in violation
14    of paragraph (d) a second or subsequent time shall be  guilty
15    of a Class 4 felony.
16        A person convicted of deceptive practices in violation of
17    paragraph (d), when the value of the property so obtained, in
18    a single transaction, or in separate transactions within a 90
19    day  period,  exceeds  $150,  shall  be  guilty  of a Class 4
20    felony.   In  the  case  of  a   prosecution   for   separate
21    transactions  totaling more than $150 within a 90 day period,
22    such separate transactions  shall  be  alleged  in  a  single
23    charge and provided in a single prosecution.

24    (C)  Deception on a Bank or Other Financial Institution.
25        (1)  False Statements.
26        1)  Any  person who, with the intent to defraud, makes or
27    causes to be made, any false statement in writing in order to
28    obtain an account with a bank or other financial institution,
29    or  to  obtain  credit  from  a  bank  or   other   financial
30    institution,  knowing  such writing to be false, and with the
31    intent that it be  relied  upon,  is  guilty  of  a  Class  A
32    misdemeanor.
33        For  purposes  of  this subsection (C), a false statement
34    shall  mean  any  false  statement   representing   identity,
 
                            -466-    LRB093 05878 EFG 05971 b
 1    address,   or   employment,   or  the  identity,  address  or
 2    employment of any person, firm or corporation.
 3        (2)  Possession  of  Stolen  or   Fraudulently   Obtained
 4    Checks.
 5        2)   Any  person who possesses, with the intent to obtain
 6    access  to  funds  of  another  person  held  in  a  real  or
 7    fictitious deposit account at a financial institution,  makes
 8    a  false  statement  or  a misrepresentation to the financial
 9    institution, or possesses, transfers, negotiates, or presents
10    for payment a check, draft, or other item purported to direct
11    the financial institution to withdraw or pay funds out of the
12    account holder's deposit account  with  knowledge  that  such
13    possession,  transfer,  negotiation,  or  presentment  is not
14    authorized by the account holder  or  the  issuing  financial
15    institution  is  guilty  of  a Class A misdemeanor.  A person
16    shall be deemed to have been authorized to possess, transfer,
17    negotiate, or present for payment such item if the person was
18    otherwise entitled by law to withdraw or recover  funds  from
19    the account in question and followed the requisite procedures
20    under  the  law.   In the event that the account holder, upon
21    discovery of the  withdrawal  or  payment,  claims  that  the
22    withdrawal  or  payment  was  not  authorized,  the financial
23    institution may require  the  account  holder  to  submit  an
24    affidavit  to  that  effect  on  a  form  satisfactory to the
25    financial institution before the financial institution may be
26    required to credit the account in  an  amount  equal  to  the
27    amount  or  amounts  that  were  withdrawn  or  paid  without
28    authorization.
29        Any person who, within any 12 month period, violates this
30    Section  with  respect  to 3 or more checks or orders for the
31    payment of money at the same time or consecutively, each  the
32    property   of   a   different  account  holder  or  financial
33    institution, is guilty of a Class 4 felony.
34        (3)  Possession of Implements of Check Fraud.
 
                            -467-    LRB093 05878 EFG 05971 b
 1        Any person who possesses, with the intent to defraud, and
 2    without the authority of  the  account  holder  or  financial
 3    institution,  any  check  imprinter,  signature imprinter, or
 4    "certified" stamp is guilty of a Class A misdemeanor.
 5        A person who within any 12  month  period  violates  this
 6    subsection  (C) as to possession of 3 or more such devices at
 7    the same time or  consecutively,  is  guilty  of  a  Class  4
 8    felony.
 9        (4)  Possession of Identification Card.
10        4) Any person, who, with the intent to defraud, possesses
11    any  check  guarantee card or key card or identification card
12    for cash dispensing machines without  the  authority  of  the
13    account holder or financial institution, is guilty of a Class
14    A misdemeanor.
15        A  person  who, within any 12 month period, violates this
16    Section at the same time or consecutively with respect  to  3
17    or  more  cards,  each  the  property  of  different  account
18    holders, is guilty of a Class 4 felony.
19        A  person convicted under this Section, when the value of
20    property so obtained, in a single transaction, or in separate
21    transactions within any 90 day period, exceeds $150 shall  be
22    guilty of a Class 4 felony.
23    (Source:  P.A.  92-633,  eff.  1-1-03;  92-646,  eff. 1-1-03;
24    revised 10-3-02.)

25        Section 50.  The Code of Criminal Procedure  of  1963  is
26    amended  by  changing  Sections  108B-1, 108B-5, 108B-11, and
27    112A-28 as follows:

28        (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
29        Sec.  108B-1.  Definitions.   For  the  purpose  of  this
30    Article:
31        (a)  "Aggrieved person" means a person who was a party to
32    any intercepted private communication or any  person  against
 
                            -468-    LRB093 05878 EFG 05971 b
 1    whom the intercept was directed.
 2        (b)  "Chief  Judge"  means,  when  referring  to  a judge
 3    authorized to receive application for, and  to  enter  orders
 4    authorizing,  interceptions  of  private  communications, the
 5    Chief Judge of the Circuit Court wherein the application  for
 6    order of interception is filed, or a Circuit Judge designated
 7    by  the  Chief Judge to enter these orders. In circuits other
 8    than the Cook County Circuit, "Chief Judge" also means,  when
 9    referring  to  a judge authorized to receive application for,
10    and to enter orders  authorizing,  interceptions  of  private
11    communications,  an  Associate  Judge  authorized  by Supreme
12    Court Rule to try felony cases who is assigned by  the  Chief
13    Judge  to  enter these orders.  After assignment by the Chief
14    Judge, an Associate Judge shall  have  plenary  authority  to
15    issue   orders  without  additional  authorization  for  each
16    specific application made to  him  by  the  State's  Attorney
17    until  the  time  the Associate Judge's power is rescinded by
18    the Chief Judge.
19        (c)  "Communications common  carrier"  means  any  person
20    engaged   as   a   common  carrier  in  the  transmission  of
21    communications  by  wire  or  radio,  not   including   radio
22    broadcasting.
23        (d)  "Contents"  includes  information  obtained  from  a
24    private  communication  concerning  the existence, substance,
25    purport or meaning of the communication, or the identity of a
26    party of the communication.
27        (e)  "Court of competent jurisdiction" means any  circuit
28    court.
29        (f)  "Department"  means  Illinois  Department  of  State
30    Police.
31        (g)  "Director" means Director of the Illinois Department
32    of State Police.
33        (g-1)  "Electronic  communication"  means any transfer of
34    signs,   signals,   writing,   images,   sounds,   data,   or
 
                            -469-    LRB093 05878 EFG 05971 b
 1    intelligence of any nature transmitted in whole or part by  a
 2    wire,  radio,  pager,  computer,  or  electromagnetic,  photo
 3    electronic,  or  photo  optical  system where the sending and
 4    receiving parties intend the electronic communication  to  be
 5    private  and the interception, recording, or transcription of
 6    the electronic communication is accomplished by a device in a
 7    surreptitious manner  contrary  to  the  provisions  of  this
 8    Article.  "Electronic communication" does not include:
 9             (1)  any wire or oral communication; or
10             (2)  any communication from a tracking device.
11        (h)  "Electronic   criminal   surveillance   device"   or
12    "eavesdropping  device"  means  any  device  or apparatus, or
13    computer program including an induction  coil,  that  can  be
14    used to intercept private communication other than:
15             (1)  Any  telephone,  telegraph or telecommunication
16        instrument, equipment or facility, or  any  component  of
17        it,   furnished   to   the   subscriber   or  user  by  a
18        communication common carrier in the  ordinary  course  of
19        its  business,  or purchased by any person and being used
20        by the subscriber, user or person in the ordinary  course
21        of his business, or being used by a communications common
22        carrier  in the ordinary course of its business, or by an
23        investigative or law enforcement officer in the  ordinary
24        course of his duties; or
25             (2)  A  hearing  aid or similar device being used to
26        correct subnormal hearing to not better than normal.
27        (i)  "Electronic criminal surveillance officer" means any
28    law enforcement officer or retired law enforcement officer of
29    the United States or of the State or political subdivision of
30    it, or of another State, or of a political subdivision of it,
31    who is certified by the Illinois Department of  State  Police
32    to   intercept   private   communications.   A   retired  law
33    enforcement officer may be certified by  the  Illinois  State
34    Police  only  to  (i)  prepare petitions for the authority to
 
                            -470-    LRB093 05878 EFG 05971 b
 1    intercept private oral communications in accordance with  the
 2    provisions  of  this  Act;  (ii)  intercept and supervise the
 3    interception of private oral  communications;  (iii)  handle,
 4    safeguard,  and  use  evidence derived from such private oral
 5    communications; and (iv) operate and maintain equipment  used
 6    to intercept private oral communications.
 7        (j)  "In-progress trace" means to determine the origin of
 8    a  wire communication to a telephone or telegraph instrument,
 9    equipment or facility during the course of the communication.
10        (k)  "Intercept" means the aural or other acquisition  of
11    the  contents of any private communication through the use of
12    any electronic criminal surveillance device.
13        (l)  "Journalist" means a person  engaged  in,  connected
14    with,  or  employed  by  news  media,  including  newspapers,
15    magazines,  press associations, news agencies, wire services,
16    radio, television or other similar media, for the purpose  of
17    gathering,  processing,  transmitting,  compiling, editing or
18    disseminating news for the general public.
19        (m)  "Law enforcement agency" means any  law  enforcement
20    agency  of  the  United  States,  or the State or a political
21    subdivision of it.
22        (n)  "Oral communication"  means  human  speech  used  to
23    communicate  by  one  party  to  another,  in person, by wire
24    communication or by any other means.
25        (o)  "Private  communication"  means  a  wire,  oral,  or
26    electronic communication uttered or transmitted by  a  person
27    exhibiting  an  expectation  that  the  communication  is not
28    subject  to  interception,  under  circumstances   reasonably
29    justifying  the  expectation.   Circumstances that reasonably
30    justify the expectation that a communication is  not  subject
31    to  interception  include  the use of a cordless telephone or
32    cellular communication device.
33        (p)  "Wire communication" means any human speech used  to
34    communicate  by  one  party  to  another  in whole or in part
 
                            -471-    LRB093 05878 EFG 05971 b
 1    through  the  use  of  facilities  for  the  transmission  of
 2    communications  by  wire,  cable  or  other  like  connection
 3    between the point  of  origin  and  the  point  of  reception
 4    furnished or operated by a communications common carrier.
 5        (q)  "Privileged    communications"   means   a   private
 6    communication between:
 7             (1)  a  licensed  and  practicing  physician  and  a
 8        patient  within  the  scope  of  the  profession  of  the
 9        physician;
10             (2)  a licensed and  practicing  psychologist  to  a
11        patient  within  the  scope  of  the  profession  of  the
12        psychologist;
13             (3)  a licensed and practicing attorney-at-law and a
14        client within the scope of the profession of the lawyer;
15             (4)  a  practicing  clergyman and a confidant within
16        the scope of the profession of the clergyman;
17             (5)  a practicing journalist within the scope of his
18        profession;
19             (6)  spouses  within  the  scope  of  their  marital
20        relationship; or
21             (7)  a licensed and practicing social  worker  to  a
22        client  within  the scope of the profession of the social
23        worker.
24        (r)  "Retired law enforcement officer"  means  a  person:
25    (1)  who  is  a  graduate  of  a police training institute or
26    academy,  who  after  graduating  served  for  at  least   15
27    consecutive   years  as  a  sworn,  full-time  peace  officer
28    qualified  to  carry  firearms  for  any  federal  or   State
29    department  or  agency or for any unit of local government of
30    Illinois; (2) who has retired as a local, State,  or  federal
31    peace  officer in a publicly created peace officer retirement
32    system;  and  (3)  whose  service  in  law  enforcement   was
33    honorably terminated through retirement or disability and not
34    as a result of discipline, suspension, or discharge.
 
                            -472-    LRB093 05878 EFG 05971 b
 1    (Source:  P.A.  92-854,  eff.  12-5-02;  92-863, eff. 1-3-03;
 2    revised 1-9-03.)

 3        (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
 4        Sec. 108B-5. Requirements for order of interception.
 5        (a)  Upon consideration  of  an  application,  the  chief
 6    judge  may  enter  an  ex  parte  order,  as  requested or as
 7    modified,  authorizing  the   interception   of   a   private
 8    communication,  if the chief judge determines on the basis of
 9    the application submitted by the applicant, that:
10             (1)  There is probable cause for belief that (A) (a)
11        the  person  whose  private  communication   is   to   be
12        intercepted  is committing, has committed, or is about to
13        commit an offense enumerated in Section  108B-3,  or  (B)
14        (b)  the  facilities  from which, or the place where, the
15        private communication is to be intercepted, is, has been,
16        or is about to be used in connection with the  commission
17        of  the  offense, or is leased to, listed in the name of,
18        or commonly used by, the person; and
19             (2)  There is  probable  cause  for  belief  that  a
20        particular  private communication concerning such offense
21        may be obtained through the interception; and
22             (3)  Normal investigative procedures with respect to
23        the offense have been tried and have failed or reasonably
24        appear  to  be  unlikely  to  succeed  if  tried  or  too
25        dangerous to employ; and
26             (4)  The electronic criminal  surveillance  officers
27        to  be  authorized  to  supervise the interception of the
28        private  communication  have  been   certified   by   the
29        Department.
30        (b)  In  the  case  of  an application, other than for an
31    extension, for an order to intercept  a  communication  of  a
32    person  or  on  a  wire  communication  facility that was the
33    subject of a previous  order  authorizing  interception,  the
 
                            -473-    LRB093 05878 EFG 05971 b
 1    application  shall  be based upon new evidence or information
 2    different from and in addition to the evidence or information
 3    offered to support the prior order, regardless of whether the
 4    evidence was derived from prior interceptions or  from  other
 5    sources.
 6        (c)  The  chief  judge  may  authorize  interception of a
 7    private communication anywhere in the judicial  circuit.   If
 8    the  court authorizes the use of an eavesdropping device with
 9    respect to a vehicle, watercraft, or aircraft that is  within
10    the  judicial  circuit  at  the time the order is issued, the
11    order may provide that the interception may continue anywhere
12    within the State if  the  vehicle,  watercraft,  or  aircraft
13    leaves the judicial circuit.
14    (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)

15        (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
16        Sec. 108B-11. Inventory.
17        (a)  Within  a  reasonable  period  of time but not later
18    than 90 days after the  termination  of  the  period  of  the
19    order,  or  its  extensions,  or the date of the denial of an
20    application  made  under  Section  108B-8,  the  chief  judge
21    issuing or denying the order  or  extension  shall  cause  an
22    inventory to be served on any person:
23             (1)  named in the order;
24             (2)  arrested as a result of the interception of his
25        private communication;
26             (3)  indicted  or  otherwise  charged as a result of
27        the interception of his private communication;
28             (4)  Any  person  whose  private  communication  was
29        intercepted and who the  judge  issuing  or  denying  the
30        order  or  application  may  in  his discretion determine
31        should be informed in the interest of justice.

32        (b)  The inventory under this Section shall include:
33             (1)  notice  of  the  entry  of  the  order  or  the
 
                            -474-    LRB093 05878 EFG 05971 b
 1        application for an order denied under Section 108B-8;
 2             (2)  the date of the  entry  of  the  order  or  the
 3        denial of an order applied for under Section 108B-8;
 4             (3)  the   period   of   authorized  or  disapproved
 5        interception; and
 6             (4)  the fact  that  during  the  period  a  private
 7        communication was or was not intercepted.
 8        (c)  A  court of competent jurisdiction, upon filing of a
 9    motion, may in its discretion make available to those persons
10    or their attorneys  for  inspection  those  portions  of  the
11    intercepted  communications,  applications  and orders as the
12    court determines to be in the interest of justice.
13        (d)  On an ex parte showing of good cause to a  court  of
14    competent   jurisdiction,  the  serving  of  the  inventories
15    required by this Section may be postponed for a period not to
16    exceed 12 months.
17    (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)

18        (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
19        Sec.  112A-28.  Data  maintenance  by   law   enforcement
20    agencies.
21        (a)  All  sheriffs  shall  furnish  to  the Department of
22    State Police, daily, in the form and  detail  the  Department
23    requires,  copies of any recorded orders of protection issued
24    by the court, and any foreign orders of protection  filed  by
25    the clerk of the court, and transmitted to the sheriff by the
26    clerk  of  the  court  pursuant  to subsection (b) of Section
27    112A-22 of this Act.   Each  order  of  protection  shall  be
28    entered in the Law Enforcement Agencies Automated Data System
29    on  the  same day it is issued by the court.  If an emergency
30    order of protection was issued in accordance with  subsection
31    (c) of Section 112A-17, the order shall be entered in the Law
32    Enforcement   Agencies  Automated  Data  System  as  soon  as
33    possible after receipt from the clerk.
 
                            -475-    LRB093 05878 EFG 05971 b
 1        (b)  The Department of  State  Police  shall  maintain  a
 2    complete  and  systematic  record  and index of all valid and
 3    recorded orders of protection issued  or  filed  pursuant  to
 4    this  Act.   The data shall be used to inform all dispatchers
 5    and law enforcement officers  at  the  scene  of  an  alleged
 6    incident  of  abuse or violation of an order of protection of
 7    any recorded prior incident of  abuse  involving  the  abused
 8    party and the effective dates and terms of any recorded order
 9    of protection.
10        (c)  The  data,  records  and transmittals required under
11    this Section shall pertain to any valid emergency, interim or
12    plenary order of protection, whether issued  in  a  civil  or
13    criminal  proceeding  or authorized under the laws of another
14    state, tribe, or United States territory.
15    (Source: P.A.  90-392,  eff.  1-1-98;  91-903,  eff.  1-1-01;
16    revised 2-17-03.)

17        Section  51.   The Unified Code of Corrections is amended
18    by changing Sections 5-4-1,  5-4-3,  5-5-3,  and  5-8-1.3  as
19    follows:

20        (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
21        Sec. 5-4-1.  Sentencing Hearing.
22        (a)  Except  when  the  death  penalty  is  sought  under
23    hearing procedures otherwise specified, after a determination
24    of  guilt,  a  hearing  shall be held to impose the sentence.
25    However, prior to the imposition of sentence on an individual
26    being sentenced for an offense based  upon  a  charge  for  a
27    violation of Section 11-501 of the Illinois Vehicle Code or a
28    similar  provision  of a local ordinance, the individual must
29    undergo a professional evaluation to determine if an  alcohol
30    or  other  drug abuse problem exists and the extent of such a
31    problem.  Programs  conducting  these  evaluations  shall  be
32    licensed  by  the  Department of Human Services.  However, if
 
                            -476-    LRB093 05878 EFG 05971 b
 1    the individual is not a resident of Illinois, the court  may,
 2    in its discretion, accept an evaluation from a program in the
 3    state  of  such  individual's residence. The court may in its
 4    sentencing order approve an eligible defendant for  placement
 5    in  a  Department of Corrections impact incarceration program
 6    as provided in Section 5-8-1.1 or 5-8-1.3.   At  the  hearing
 7    the court shall:
 8             (1)  consider  the  evidence,  if any, received upon
 9        the trial;
10             (2)  consider any presentence reports;
11             (3)  consider the financial impact of  incarceration
12        based  on  the  financial impact statement filed with the
13        clerk of the court by the Department of Corrections;
14             (4)  consider evidence and  information  offered  by
15        the parties in aggravation and mitigation;
16             (5)  hear arguments as to sentencing alternatives;
17             (6)  afford  the defendant the opportunity to make a
18        statement in his own behalf;
19             (7)  afford the victim  of  a  violent  crime  or  a
20        violation of Section 11-501 of the Illinois Vehicle Code,
21        or  a  similar  provision  of  a  local  ordinance,  or a
22        qualified individual affected by a violation  of  Section
23        405,  405.1,  405.2,  or  407  of the Illinois Controlled
24        Substances  Act,   committed   by   the   defendant   the
25        opportunity  to make a statement concerning the impact on
26        the victim  and  to  offer  evidence  in  aggravation  or
27        mitigation;  provided  that  the  statement  and evidence
28        offered  in  aggravation  or  mitigation  must  first  be
29        prepared in  writing  in  conjunction  with  the  State's
30        Attorney  before  it  may  be  presented  orally  at  the
31        hearing.  Any  sworn  testimony  offered by the victim is
32        subject to the defendant's right  to  cross-examine.  All
33        statements  and evidence offered under this paragraph (7)
34        shall become part of the record of the  court.   For  the
 
                            -477-    LRB093 05878 EFG 05971 b
 1        purpose  of  this  paragraph  (7), "qualified individual"
 2        means any person who  (i)  lived  or  worked  within  the
 3        territorial  jurisdiction  where  the  offense took place
 4        when the offense took place; and (ii)  is  familiar  with
 5        various public places within the territorial jurisdiction
 6        where the offense took place when the offense took place.
 7        For  the  purposes  of  this  paragraph  (7),  "qualified
 8        individual"  includes any peace officer, or any member of
 9        any duly organized State, county, or municipal peace unit
10        assigned  to  the  territorial  jurisdiction  where   the
11        offense took place when the offense took place; and
12             (8)  in   cases  of  reckless  homicide  afford  the
13        victim's spouse, guardians, parents  or  other  immediate
14        family members an opportunity to make oral statements.
15        (b)  All  sentences  shall  be imposed by the judge based
16    upon his independent assessment  of  the  elements  specified
17    above  and  any  agreement  as  to  sentence  reached  by the
18    parties.  The judge who presided at the trial  or  the  judge
19    who  accepted  the  plea  of guilty shall impose the sentence
20    unless he is no longer sitting as  a  judge  in  that  court.
21    Where  the judge does not impose sentence at the same time on
22    all defendants  who  are  convicted  as  a  result  of  being
23    involved  in  the  same offense, the defendant or the State's
24    Attorney may advise the sentencing court of  the  disposition
25    of any other defendants who have been sentenced.
26        (c)  In imposing a sentence for a violent crime or for an
27    offense  of  operating  or  being  in  physical  control of a
28    vehicle while under the influence of alcohol, any other  drug
29    or any combination thereof, or a similar provision of a local
30    ordinance,  when such offense resulted in the personal injury
31    to someone other than the defendant, the  trial  judge  shall
32    specify  on  the record the particular evidence, information,
33    factors in mitigation and aggravation or other  reasons  that
34    led to his sentencing determination. The full verbatim record
 
                            -478-    LRB093 05878 EFG 05971 b
 1    of  the  sentencing  hearing shall be filed with the clerk of
 2    the court and shall be a public record.
 3        (c-1)  In  imposing  a  sentence  for  the   offense   of
 4    aggravated   kidnapping  for  ransom,  home  invasion,  armed
 5    robbery, aggravated vehicular hijacking, aggravated discharge
 6    of a firearm, or armed violence with a category I  weapon  or
 7    category  II  weapon, the trial judge shall make a finding as
 8    to whether the conduct leading to conviction for the  offense
 9    resulted  in  great  bodily harm to a victim, and shall enter
10    that finding and the basis for that finding in the record.
11        (c-2)  If the defendant is  sentenced  to  prison,  other
12    than  when  a  sentence  of  natural  life  imprisonment or a
13    sentence of death is imposed, at the  time  the  sentence  is
14    imposed the judge shall state on the record in open court the
15    approximate  period  of  time  the  defendant  will  serve in
16    custody according to the then  current  statutory  rules  and
17    regulations  for  early  release  found  in Section 3-6-3 and
18    other related provisions of this  Code.   This  statement  is
19    intended  solely to inform the public, has no legal effect on
20    the defendant's actual release, and may not be relied  on  by
21    the defendant on appeal.
22        The  judge's statement, to be given after pronouncing the
23    sentence, other than when the sentence is imposed for one  of
24    the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25    shall include the following:
26        "The purpose of this statement is to inform the public of
27    the  actual  period of time this defendant is likely to spend
28    in prison as a result of this sentence.  The actual period of
29    prison time served is determined by the statutes of  Illinois
30    as  applied  to  this  sentence by the Illinois Department of
31    Corrections and the Illinois Prisoner Review Board.  In  this
32    case,  assuming the defendant receives all of his or her good
33    conduct credit, the period of estimated actual custody is ...
34    years and ... months, less up to  180  days  additional  good
 
                            -479-    LRB093 05878 EFG 05971 b
 1    conduct  credit  for  meritorious service.  If the defendant,
 2    because of his or her own misconduct  or  failure  to  comply
 3    with  the  institutional  regulations, does not receive those
 4    credits, the actual time served in  prison  will  be  longer.
 5    The  defendant  may  also  receive an additional one-half day
 6    good  conduct  credit  for  each  day  of  participation   in
 7    vocational,   industry,   substance  abuse,  and  educational
 8    programs as provided for by Illinois statute."
 9        When the sentence is imposed  for  one  of  the  offenses
10    enumerated  in  paragraph (a)(3) of Section 3-6-3, other than
11    when  the  sentence  is  imposed  for  one  of  the  offenses
12    enumerated in paragraph (a)(2) of Section 3-6-3 committed  on
13    or  after  June 19, 1998, and other than when the sentence is
14    imposed for reckless homicide as defined in subsection (e) of
15    Section 9-3 of the Criminal Code of 1961 if the  offense  was
16    committed  on  or  after January 1, 1999, and other than when
17    the sentence is imposed for aggravated arson if  the  offense
18    was  committed  on  or  after  the  effective  date  of  this
19    amendatory  Act  of  the  92nd  General Assembly, the judge's
20    statement, to be given after pronouncing the sentence,  shall
21    include the following:
22        "The purpose of this statement is to inform the public of
23    the  actual  period of time this defendant is likely to spend
24    in prison as a result of this sentence.  The actual period of
25    prison time served is determined by the statutes of  Illinois
26    as  applied  to  this  sentence by the Illinois Department of
27    Corrections and the Illinois Prisoner Review Board.  In  this
28    case,  assuming the defendant receives all of his or her good
29    conduct credit, the period of estimated actual custody is ...
30    years and ... months, less up  to  90  days  additional  good
31    conduct  credit  for  meritorious service.  If the defendant,
32    because of his or her own misconduct  or  failure  to  comply
33    with  the  institutional  regulations, does not receive those
34    credits, the actual time served in  prison  will  be  longer.
 
                            -480-    LRB093 05878 EFG 05971 b
 1    The  defendant  may  also  receive an additional one-half day
 2    good  conduct  credit  for  each  day  of  participation   in
 3    vocational,   industry,   substance  abuse,  and  educational
 4    programs as provided for by Illinois statute."
 5        When the sentence is imposed  for  one  of  the  offenses
 6    enumerated  in  paragraph (a)(2) of Section 3-6-3, other than
 7    first degree murder, and the  offense  was  committed  on  or
 8    after  June  19,  1998,  and when the sentence is imposed for
 9    reckless homicide as defined in subsection (e) of Section 9-3
10    of the Criminal Code of 1961 if the offense was committed  on
11    or  after  January  1, 1999, and when the sentence is imposed
12    for aggravated arson if the offense was committed on or after
13    the effective date of this amendatory Act of the 92nd General
14    Assembly,  the  judge's  statement,   to   be   given   after
15    pronouncing the sentence, shall include the following:
16        "The purpose of this statement is to inform the public of
17    the  actual  period of time this defendant is likely to spend
18    in prison as a result of this sentence.  The actual period of
19    prison time served is determined by the statutes of  Illinois
20    as  applied  to  this  sentence by the Illinois Department of
21    Corrections and the Illinois Prisoner Review Board.  In  this
22    case, the defendant is entitled to no more than 4 1/2 days of
23    good  conduct credit for each month of his or her sentence of
24    imprisonment.  Therefore, this defendant will serve at  least
25    85%  of his or her sentence.  Assuming the defendant receives
26    4 1/2 days credit for each month of his or her sentence,  the
27    period  of  estimated  actual  custody  is  ... years and ...
28    months.   If  the  defendant,  because  of  his  or  her  own
29    misconduct  or  failure  to  comply  with  the  institutional
30    regulations receives lesser credit, the actual time served in
31    prison will be longer."
32        When a sentence of  imprisonment  is  imposed  for  first
33    degree  murder and the offense was committed on or after June
34    19,  1998,  the  judge's  statement,  to   be   given   after
 
                            -481-    LRB093 05878 EFG 05971 b
 1    pronouncing the sentence, shall include the following:
 2        "The purpose of this statement is to inform the public of
 3    the  actual  period of time this defendant is likely to spend
 4    in prison as a result of this sentence.  The actual period of
 5    prison time served is determined by the statutes of  Illinois
 6    as  applied  to  this  sentence by the Illinois Department of
 7    Corrections and the Illinois Prisoner Review Board.  In  this
 8    case,  the  defendant is not entitled to good conduct credit.
 9    Therefore, this defendant will  serve  100%  of  his  or  her
10    sentence."
11        (d)  When the defendant is committed to the Department of
12    Corrections,  the  State's Attorney shall and counsel for the
13    defendant may file a statement with the clerk of the court to
14    be transmitted to the department, agency  or  institution  to
15    which  the defendant is committed to furnish such department,
16    agency or institution with the facts and circumstances of the
17    offense for which the person was committed together with  all
18    other factual information accessible to them in regard to the
19    person  prior  to  his  commitment  relative  to  his habits,
20    associates, disposition and reputation and  any  other  facts
21    and  circumstances  which  may aid such department, agency or
22    institution during its custody of  such  person.   The  clerk
23    shall  within  10  days  after  receiving any such statements
24    transmit a copy to such department, agency or institution and
25    a copy to the other party, provided, however, that this shall
26    not be cause  for  delay  in  conveying  the  person  to  the
27    department,  agency  or  institution  to  which  he  has been
28    committed.
29        (e)  The  clerk  of  the  court  shall  transmit  to  the
30    department, agency or  institution,  if  any,  to  which  the
31    defendant is committed, the following:
32             (1)  the sentence imposed;
33             (2)  any  statement  by  the  court of the basis for
34        imposing the sentence;
 
                            -482-    LRB093 05878 EFG 05971 b
 1             (3)  any presentence reports;
 2             (4)  the number of days, if any, which the defendant
 3        has been in custody and  for  which  he  is  entitled  to
 4        credit  against  the sentence, which information shall be
 5        provided to the clerk by the sheriff;
 6             (4.1)  any finding of great bodily harm made by  the
 7        court with respect to an offense enumerated in subsection
 8        (c-1);
 9             (5)  all  statements  filed  under subsection (d) of
10        this Section;
11             (6)  any  medical  or  mental  health   records   or
12        summaries of the defendant;
13             (7)  the   municipality  where  the  arrest  of  the
14        offender or the commission of the offense  has  occurred,
15        where  such  municipality  has  a population of more than
16        25,000 persons;
17             (8)  all statements made and evidence offered  under
18        paragraph (7) of subsection (a) of this Section; and
19             (9)  all  additional matters which the court directs
20        the clerk to transmit.
21    (Source: P.A. 91-357,  eff.  7-29-99;  91-899,  eff.  1-1-01;
22    92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)

23        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24        Sec.  5-4-3.  Persons  convicted  of, or found delinquent
25    for,  certain  offenses  or  institutionalized  as   sexually
26    dangerous; specimens; genetic marker groups.
27        (a)  Any  person  convicted  of,  found  guilty under the
28    Juvenile Court Act of 1987 for, or who received a disposition
29    of court supervision for, a qualifying offense or attempt  of
30    a  qualifying  offense,  convicted  or  found  guilty  of any
31    offense classified as a  felony  under  Illinois  law,  found
32    guilty  or  given supervision for any offense classified as a
33    felony  under  the   Juvenile   Court   Act   of   1987,   or
 
                            -483-    LRB093 05878 EFG 05971 b
 1    institutionalized  as  a  sexually dangerous person under the
 2    Sexually Dangerous Persons Act, or committed  as  a  sexually
 3    violent  person under the Sexually Violent Persons Commitment
 4    Act shall, regardless of the sentence or disposition imposed,
 5    be required to submit specimens of blood, saliva,  or  tissue
 6    to the Illinois Department of State Police in accordance with
 7    the provisions of this Section, provided such person is:
 8             (1)  convicted of a qualifying offense or attempt of
 9        a  qualifying  offense  on  or  after  July  1,  1990 the
10        effective date  of  this  amendatory  Act  of  1989,  and
11        sentenced   to   a   term   of   imprisonment,   periodic
12        imprisonment,  fine,  probation, conditional discharge or
13        any other form of sentence, or  given  a  disposition  of
14        court supervision for the offense;, or
15             (1.5)  found  guilty  or given supervision under the
16        Juvenile Court Act of 1987 for a  qualifying  offense  or
17        attempt  of  a  qualifying offense on or after January 1,
18        1997; the effective date of this amendatory Act of  1996,
19        or
20             (2)  ordered   institutionalized   as   a   sexually
21        dangerous  person on or after July 1, 1990; the effective
22        date of this amendatory Act of 1989, or
23             (3)  convicted of a qualifying offense or attempt of
24        a qualifying offense before July 1,  1990  the  effective
25        date  of  this  amendatory  Act  of 1989 and is presently
26        confined as a result of  such  conviction  in  any  State
27        correctional  facility  or  county  jail  or is presently
28        serving a sentence of probation, conditional discharge or
29        periodic imprisonment as a result of such conviction;, or
30             (3.5)  convicted or  found  guilty  of  any  offense
31        classified as a felony under Illinois law or found guilty
32        or  given  supervision  for  such  an  offense  under the
33        Juvenile Court Act of 1987 on or after August  22,  2002;
34        the  effective  date   of this amendatory Act of the 92nd
 
                            -484-    LRB093 05878 EFG 05971 b
 1        General Assembly, or
 2             (4)  presently  institutionalized  as   a   sexually
 3        dangerous  person  or  presently  institutionalized  as a
 4        person found guilty but mentally ill of a sexual  offense
 5        or attempt to commit a sexual offense; or
 6             (4.5)  ordered   committed  as  a  sexually  violent
 7        person on or after the effective  date  of  the  Sexually
 8        Violent Persons Commitment Act; or
 9             (5)  seeking  transfer  to  or residency in Illinois
10        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
11        Code  of Corrections and the Interstate Compact for Adult
12        Offender Supervision  or  the  Interstate  Agreements  on
13        Sexually Dangerous Persons Act.
14        Notwithstanding  other  provisions  of  this Section, any
15    person incarcerated in a facility of the Illinois  Department
16    of Corrections on or after August 22, 2002 the effective date
17    of  this amendatory Act of the 92nd General Assembly shall be
18    required to submit a specimen of  blood,  saliva,  or  tissue
19    prior to his or her release on parole or mandatory supervised
20    release,  as  a  condition  of his or her parole or mandatory
21    supervised release.
22        (a-5)  Any person  who  was  otherwise  convicted  of  or
23    received  a  disposition  of  court supervision for any other
24    offense under the Criminal Code of  1961  or  who  was  found
25    guilty  or  given  supervision for such a violation under the
26    Juvenile Court Act of 1987, may, regardless of  the  sentence
27    imposed,  be  required  by  an  order  of the court to submit
28    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
29    Department of State Police in accordance with the  provisions
30    of this Section.
31        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
32    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
33    saliva,  or  tissue shall provide specimens of blood, saliva,
34    or tissue within 45 days after sentencing or disposition at a
 
                            -485-    LRB093 05878 EFG 05971 b
 1    collection site designated  by  the  Illinois  Department  of
 2    State Police.
 3        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
 4    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 5    shall be required to provide  such  samples  prior  to  final
 6    discharge, parole, or release at a collection site designated
 7    by the Illinois Department of State Police.
 8        (c-5)  Any person required by paragraph (a)(5) to provide
 9    specimens  of blood, saliva, or tissue shall, where feasible,
10    be required to provide the specimens  before  being  accepted
11    for  conditioned  residency  in Illinois under the interstate
12    compact or agreement, but no later than 45 days after arrival
13    in this State.
14        (c-6)  The  Illinois  Department  of  State  Police   may
15    determine which type of specimen or specimens, blood, saliva,
16    or  tissue,  is  acceptable for submission to the Division of
17    Forensic Services for analysis.
18        (d)  The  Illinois  Department  of  State  Police   shall
19    provide  all  equipment  and  instructions  necessary for the
20    collection of blood samples.  The collection of samples shall
21    be  performed  in  a  medically  approved  manner.   Only   a
22    physician authorized to practice medicine, a registered nurse
23    or   other  qualified  person  trained  in  venipuncture  may
24    withdraw blood for the purposes of  this  Act.   The  samples
25    shall  thereafter  be forwarded to the Illinois Department of
26    State Police, Division of Forensic Services, for analysis and
27    categorizing into genetic marker groupings.
28        (d-1)  The Illinois  Department  of  State  Police  shall
29    provide  all  equipment  and  instructions  necessary for the
30    collection of  saliva  samples.   The  collection  of  saliva
31    samples  shall  be  performed in a medically approved manner.
32    Only a person trained in the instructions promulgated by  the
33    Illinois State Police on collecting saliva may collect saliva
34    for   the  purposes  of  this  Section.   The  samples  shall
 
                            -486-    LRB093 05878 EFG 05971 b
 1    thereafter be forwarded to the Illinois Department  of  State
 2    Police,  Division  of  Forensic  Services,  for  analysis and
 3    categorizing into genetic marker groupings.
 4        (d-2)  The Illinois  Department  of  State  Police  shall
 5    provide  all  equipment  and  instructions  necessary for the
 6    collection of  tissue  samples.   The  collection  of  tissue
 7    samples  shall  be  performed in a medically approved manner.
 8    Only a person trained in the instructions promulgated by  the
 9    Illinois State Police on collecting tissue may collect tissue
10    for   the  purposes  of  this  Section.   The  samples  shall
11    thereafter be forwarded to the Illinois Department  of  State
12    Police,  Division  of  Forensic  Services,  for  analysis and
13    categorizing into genetic marker groupings.
14        (d-5)  To  the  extent  that  funds  are  available,  the
15    Illinois Department  of  State  Police  shall  contract  with
16    qualified   personnel  and  certified  laboratories  for  the
17    collection, analysis, and categorization of known samples.
18        (e)  The genetic marker groupings shall be maintained  by
19    the Illinois Department of State Police, Division of Forensic
20    Services.
21        (f)  The  genetic  marker  grouping  analysis information
22    obtained pursuant to this Act shall be confidential and shall
23    be released only to peace officers of the United  States,  of
24    other  states  or  territories, of the insular possessions of
25    the United States, of foreign countries  duly  authorized  to
26    receive  the  same,  to  all  peace  officers of the State of
27    Illinois and to all  prosecutorial  agencies.    The  genetic
28    marker  grouping  analysis  information  obtained pursuant to
29    this Act shall be used only for  (i)  valid  law  enforcement
30    identification purposes and as required by the Federal Bureau
31    of  Investigation  for  participation  in  the  National  DNA
32    database    or    (ii)    technology   validation   purposes.
33    Notwithstanding  any  other  statutory   provision   to   the
34    contrary,  all  information obtained under this Section shall
 
                            -487-    LRB093 05878 EFG 05971 b
 1    be maintained in a single  State  data  base,  which  may  be
 2    uploaded  into a national database, and which information may
 3    be subject to expungement only as  set  forth  in  subsection
 4    (f-1).
 5        (f-1)  Upon  receipt  of  notification of a reversal of a
 6    conviction based on actual innocence, or of the granting of a
 7    pardon pursuant to Section 12 of Article V  of  the  Illinois
 8    Constitution,  if  that  pardon  document specifically states
 9    that the reason for the pardon is the actual innocence of  an
10    individual  whose  DNA record has been stored in the State or
11    national DNA identification index  in  accordance  with  this
12    Section  by  the Illinois Department of State Police, the DNA
13    record shall be expunged from the DNA  identification  index,
14    and  the  Department  shall  by  rule prescribe procedures to
15    ensure that the record and any samples,  analyses,  or  other
16    documents  relating to such record, whether in the possession
17    of the Department or any law enforcement or police agency, or
18    any forensic DNA  laboratory,  including  any  duplicates  or
19    copies  thereof,  are  destroyed  and a letter is sent to the
20    court verifying the expungement is completed.
21        (f-5)  Any person who intentionally uses  genetic  marker
22    grouping  analysis  information,  or  any  other  information
23    derived  from  a  DNA  sample,  beyond the authorized uses as
24    provided under this Section, or any other  Illinois  law,  is
25    guilty of a Class 4 felony, and shall be subject to a fine of
26    not less than $5,000.
27        (g)  For   the  purposes  of  this  Section,  "qualifying
28    offense" means any of the following:
29             (1)  any violation or inchoate violation of  Section
30        11-6,  11-9.1,  11-11,  11-18.1,  12-15,  or 12-16 of the
31        Criminal Code of 1961;, or
32             (1.1)  any  violation  or  inchoate   violation   of
33        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
34        18-3,  18-4,  19-1,  or 19-2 of the Criminal Code of 1961
 
                            -488-    LRB093 05878 EFG 05971 b
 1        for which persons are  convicted  on  or  after  July  1,
 2        2001;, or
 3             (2)  any  former statute of this State which defined
 4        a felony sexual offense;, or
 5             (3)  (blank);, or
 6             (4)  any  inchoate  violation  of   Section   9-3.1,
 7        11-9.3,  12-7.3, or 12-7.4 of the Criminal Code of 1961;,
 8        or
 9             (5)  any violation or inchoate violation of  Article
10        29D of the Criminal Code of 1961.
11        (g-5)  (Blank).
12        (h)  The Illinois Department of State Police shall be the
13    State  central  repository  for  all  genetic marker grouping
14    analysis information obtained  pursuant  to  this  Act.   The
15    Illinois  Department of State Police may promulgate rules for
16    the form and manner of the collection of  blood,  saliva,  or
17    tissue samples and other procedures for the operation of this
18    Act.   The  provisions of the Administrative Review Law shall
19    apply to all actions taken under the rules so promulgated.
20        (i)  A person required to provide  a  blood,  saliva,  or
21    tissue  specimen  shall  cooperate with the collection of the
22    specimen and any deliberate act by that  person  intended  to
23    impede, delay or stop the collection of the blood, saliva, or
24    tissue specimen is a Class A misdemeanor.
25        (j)  Any  person  required  by  subsection  (a) to submit
26    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
27    Department of State Police for  analysis  and  categorization
28    into  genetic  marker  grouping,  in  addition  to  any other
29    disposition, penalty, or fine imposed, shall pay an  analysis
30    fee  of $200.  If the analysis fee is not paid at the time of
31    sentencing, the court shall establish a fee schedule by which
32    the entire amount of the analysis fee shall be paid in  full,
33    such  schedule  not  to  exceed  24  months  from the time of
34    conviction.  The inability to pay this analysis fee shall not
 
                            -489-    LRB093 05878 EFG 05971 b
 1    be the sole ground to incarcerate the person.
 2        (k)  All analysis and categorization fees provided for by
 3    subsection (j) shall be regulated as follows:
 4             (1)  The State Offender  DNA  Identification  System
 5        Fund  is  hereby  created  as a special fund in the State
 6        Treasury.
 7             (2)  All fees shall be collected by the clerk of the
 8        court  and  forwarded   to   the   State   Offender   DNA
 9        Identification System Fund for deposit.  The clerk of the
10        circuit  court  may  retain  the  amount of $10 from each
11        collected analysis fee  to  offset  administrative  costs
12        incurred  in  carrying  out  the clerk's responsibilities
13        under this Section.
14             (3)  Fees deposited  into  the  State  Offender  DNA
15        Identification  System  Fund  shall  be  used by Illinois
16        State Police crime  laboratories  as  designated  by  the
17        Director  of  State  Police.   These  funds  shall  be in
18        addition to any allocations  made  pursuant  to  existing
19        laws  and  shall  be  designated for the exclusive use of
20        State crime laboratories.  These uses  may  include,  but
21        are not limited to, the following:
22                  (A)  Costs  incurred  in providing analysis and
23             genetic  marker  categorization   as   required   by
24             subsection (d).
25                  (B)  Costs   incurred  in  maintaining  genetic
26             marker groupings as required by subsection (e).
27                  (C)  Costs  incurred  in   the   purchase   and
28             maintenance  of  equipment  for  use  in  performing
29             analyses.
30                  (D)  Costs  incurred in continuing research and
31             development  of  new  techniques  for  analysis  and
32             genetic marker categorization.
33                  (E)  Costs incurred  in  continuing  education,
34             training,  and  professional development of forensic
 
                            -490-    LRB093 05878 EFG 05971 b
 1             scientists regularly employed by these laboratories.
 2        (l)  The failure of a person to provide a specimen, or of
 3    any person or agency to collect a specimen, within the 45 day
 4    period shall in no way alter the obligation of the person  to
 5    submit  such  specimen,  or  the  authority  of  the Illinois
 6    Department of State  Police  or  persons  designated  by  the
 7    Department  to  collect the specimen, or the authority of the
 8    Illinois Department of State Police to  accept,  analyze  and
 9    maintain  the  specimen  or  to maintain or upload results of
10    genetic marker grouping analysis information into a State  or
11    national database.
12    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
13    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
14    6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02;  revised
15    1-20-03.)

16        (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17        Sec. 5-5-3.  Disposition.
18        (a)  Every  person  convicted  of  an  offense  shall  be
19    sentenced as provided in this Section.
20        (b)  The   following   options   shall   be   appropriate
21    dispositions,  alone  or in combination, for all felonies and
22    misdemeanors other than those identified in subsection (c) of
23    this Section:
24             (1)  A period of probation.
25             (2)  A term of periodic imprisonment.
26             (3)  A term of conditional discharge.
27             (4)  A term of imprisonment.
28             (5)  An order directing the offender to clean up and
29        repair the damage, if the offender  was  convicted  under
30        paragraph  (h)  of  Section  21-1 of the Criminal Code of
31        1961.
32             (6)  A fine.
33             (7)  An  order  directing  the  offender   to   make
 
                            -491-    LRB093 05878 EFG 05971 b
 1        restitution  to  the  victim  under Section 5-5-6 of this
 2        Code.
 3             (8)  A sentence of participation in a county  impact
 4        incarceration program under Section 5-8-1.2 of this Code.
 5        Whenever  an individual is sentenced for an offense based
 6    upon an arrest for a  violation  of  Section  11-501  of  the
 7    Illinois  Vehicle  Code,  or  a  similar provision of a local
 8    ordinance,  and  the   professional   evaluation   recommends
 9    remedial  or  rehabilitative  treatment or education, neither
10    the treatment nor the education shall be the sole disposition
11    and either or both may be imposed only  in  conjunction  with
12    another  disposition. The court shall monitor compliance with
13    any remedial education or treatment recommendations contained
14    in the professional evaluation.  Programs conducting  alcohol
15    or  other  drug  evaluation  or  remedial  education  must be
16    licensed by the Department of Human  Services.   However,  if
17    the  individual  is not a resident of Illinois, the court may
18    accept an  alcohol  or  other  drug  evaluation  or  remedial
19    education   program   in   the  state  of  such  individual's
20    residence.  Programs providing  treatment  must  be  licensed
21    under  existing  applicable  alcoholism  and  drug  treatment
22    licensure standards.
23        In addition to any other fine or penalty required by law,
24    any  individual convicted of a violation of Section 11-501 of
25    the Illinois Vehicle Code or a  similar  provision  of  local
26    ordinance,  whose  operation  of  a  motor  vehicle  while in
27    violation of Section 11-501  or  such  ordinance  proximately
28    caused  an  incident  resulting  in  an appropriate emergency
29    response, shall be required to make restitution to  a  public
30    agency  for  the  costs  of  that  emergency  response.  Such
31    restitution shall not exceed $500 per public agency for  each
32    such  emergency response.  For the purpose of this paragraph,
33    emergency  response  shall  mean  any  incident  requiring  a
34    response by: a police officer as defined under Section  1-162
 
                            -492-    LRB093 05878 EFG 05971 b
 1    of  the Illinois Vehicle Code; a fireman carried on the rolls
 2    of a regularly constituted fire department; and an  ambulance
 3    as  defined  under Section 3.85 4.05 of the Emergency Medical
 4    Services (EMS) Systems Act.
 5        Neither  a  fine  nor  restitution  shall  be  the   sole
 6    disposition  for  a  felony and either or both may be imposed
 7    only in conjunction with another disposition.
 8        (c) (1)  When a defendant is found guilty of first degree
 9        murder  the  State  may  either  seek   a   sentence   of
10        imprisonment  under  Section 5-8-1 of this Code, or where
11        appropriate seek a sentence of death under Section 9-1 of
12        the Criminal Code of 1961.
13             (2)  A period  of  probation,  a  term  of  periodic
14        imprisonment   or  conditional  discharge  shall  not  be
15        imposed for  the  following  offenses.  The  court  shall
16        sentence  the  offender to not less than the minimum term
17        of imprisonment set forth in this Code for the  following
18        offenses,  and may order a fine or restitution or both in
19        conjunction with such term of imprisonment:
20                  (A)  First  degree  murder  where   the   death
21             penalty is not imposed.
22                  (B)  Attempted first degree murder.
23                  (C)  A Class X felony.
24                  (D)  A violation of Section 401.1 or 407 of the
25             Illinois  Controlled  Substances Act, or a violation
26             of subdivision (c)(1) or (c)(2) of  Section  401  of
27             that  Act  which  relates  to more than 5 grams of a
28             substance containing heroin or cocaine or an  analog
29             thereof.
30                  (E)  A  violation  of  Section  5.1 or 9 of the
31             Cannabis Control Act.
32                  (F)  A  Class  2  or  greater  felony  if   the
33             offender  had been convicted of a Class 2 or greater
34             felony within 10 years of  the  date  on  which  the
 
                            -493-    LRB093 05878 EFG 05971 b
 1             offender  committed  the offense for which he or she
 2             is being sentenced, except as otherwise provided  in
 3             Section 40-10 of the Alcoholism and Other Drug Abuse
 4             and Dependency Act.
 5                  (G)  Residential  burglary, except as otherwise
 6             provided in Section  40-10  of  the  Alcoholism  and
 7             Other Drug Abuse and Dependency Act.
 8                  (H)  Criminal   sexual   assault,   except   as
 9             otherwise   provided   in  subsection  (e)  of  this
10             Section.
11                  (I)  Aggravated battery of a senior citizen.
12                  (J)  A  forcible  felony  if  the  offense  was
13             related to the activities of an organized gang.
14                  Before July 1, 1994, for the purposes  of  this
15             paragraph,  "organized gang" means an association of
16             5 or more persons, with  an  established  hierarchy,
17             that   encourages  members  of  the  association  to
18             perpetrate crimes or provides support to the members
19             of the association who do commit crimes.
20                  Beginning July 1, 1994,  for  the  purposes  of
21             this  paragraph,  "organized  gang"  has the meaning
22             ascribed  to  it  in  Section  10  of  the  Illinois
23             Streetgang Terrorism Omnibus Prevention Act.
24                  (K)  Vehicular hijacking.
25                  (L)  A second or subsequent conviction for  the
26             offense  of  hate  crime when the underlying offense
27             upon  which  the  hate  crime  is  based  is  felony
28             aggravated assault or felony mob action.
29                  (M)  A second or subsequent conviction for  the
30             offense  of institutional vandalism if the damage to
31             the property exceeds $300.
32                  (N)  A Class 3 felony  violation  of  paragraph
33             (1)  of  subsection  (a) of Section 2 of the Firearm
34             Owners Identification Card Act.
 
                            -494-    LRB093 05878 EFG 05971 b
 1                  (O)  A  violation  of  Section  12-6.1  of  the
 2             Criminal Code of 1961.
 3                  (P)  A violation of paragraph  (1),  (2),  (3),
 4             (4),  (5),  or  (7)  of  subsection  (a)  of Section
 5             11-20.1 of the Criminal Code of 1961.
 6                  (Q)  A  violation  of  Section  20-1.2  of  the
 7             Criminal Code of 1961.
 8                  (R)  A  violation  of  Section  24-3A  of   the
 9             Criminal Code of 1961.
10                  (S)  A  violation  of Section 11-501(c-1)(3) of
11             the Illinois Vehicle Code.
12             (3)  A minimum term of imprisonment of not less than
13        5 days  or  30  days  of  community  service  as  may  be
14        determined  by  the  court  shall be imposed for a second
15        violation  committed  within  5  years  of   a   previous
16        violation  of Section 11-501 of the Illinois Vehicle Code
17        or a similar provision of a local ordinance. In the  case
18        of  a  third  or  subsequent violation committed within 5
19        years of a previous violation of Section  11-501  of  the
20        Illinois  Vehicle  Code or a similar provision of a local
21        ordinance,  a  minimum  term  of  either   10   days   of
22        imprisonment  or  60  days  of community service shall be
23        imposed.
24             (4)  A minimum term of imprisonment of not less than
25        10 consecutive days or 30 days of community service shall
26        be imposed for a violation of paragraph  (c)  of  Section
27        6-303 of the Illinois Vehicle Code.
28             (4.1)  A  minimum  term  of  30  consecutive days of
29        imprisonment, 40 days of 24 hour periodic imprisonment or
30        720 hours of community service, as may be  determined  by
31        the  court,  shall  be imposed for a violation of Section
32        11-501 of the Illinois Vehicle Code during  a  period  in
33        which  the  defendant's driving privileges are revoked or
34        suspended, where the revocation or suspension was  for  a
 
                            -495-    LRB093 05878 EFG 05971 b
 1        violation  of  Section 11-501 or Section 11-501.1 of that
 2        Code.
 3             (4.2)  Except as provided in paragraph (4.3) of this
 4        subsection (c), a  minimum  of  100  hours  of  community
 5        service  shall  be  imposed  for  a  second  violation of
 6        Section 6-303 of the Illinois Vehicle Code.
 7             (4.3)  A minimum term of imprisonment of 30 days  or
 8        300  hours  of  community  service,  as determined by the
 9        court,  shall  be  imposed  for  a  second  violation  of
10        subsection (c) of Section 6-303 of the  Illinois  Vehicle
11        Code.
12             (4.4)  Except  as  provided  in  paragraph (4.5) and
13        paragraph (4.6) of this subsection (c), a minimum term of
14        imprisonment  of  30  days  or  300  hours  of  community
15        service, as determined by the court, shall be imposed for
16        a third or subsequent violation of Section 6-303  of  the
17        Illinois Vehicle Code.
18             (4.5)  A  minimum  term  of  imprisonment of 30 days
19        shall be imposed for a third violation of subsection  (c)
20        of Section 6-303 of the Illinois Vehicle Code.
21             (4.6)  A  minimum  term  of imprisonment of 180 days
22        shall be imposed for a fourth or subsequent violation  of
23        subsection  (c)  of Section 6-303 of the Illinois Vehicle
24        Code.
25             (5)  The court may sentence an offender convicted of
26        a business offense or a petty offense or a corporation or
27        unincorporated association convicted of any offense to:
28                  (A)  a period of conditional discharge;
29                  (B)  a fine;
30                  (C)  make  restitution  to  the  victim   under
31             Section 5-5-6 of this Code.
32             (5.1)  In  addition  to  any penalties imposed under
33        paragraph (5) of  this  subsection  (c),  and  except  as
34        provided  in paragraph (5.2) or (5.3), a person convicted
 
                            -496-    LRB093 05878 EFG 05971 b
 1        of violating subsection (c)  of  Section  11-907  of  the
 2        Illinois  Vehicle  Code  shall  have  his or her driver's
 3        license, permit, or privileges suspended for at least  90
 4        days  but  not  more  than  one  year,  if  the violation
 5        resulted in damage to the property of another person.
 6             (5.2)  In addition to any  penalties  imposed  under
 7        paragraph  (5)  of  this  subsection  (c),  and except as
 8        provided  in  paragraph  (5.3),  a  person  convicted  of
 9        violating  subsection  (c)  of  Section  11-907  of   the
10        Illinois  Vehicle  Code  shall  have  his or her driver's
11        license, permit, or privileges suspended for at least 180
12        days but not more than 2 years, if the violation resulted
13        in injury to another person.
14             (5.3)  In addition to any  penalties  imposed  under
15        paragraph  (5) of this subsection (c), a person convicted
16        of violating subsection (c)  of  Section  11-907  of  the
17        Illinois  Vehicle  Code  shall  have  his or her driver's
18        license, permit, or privileges suspended for 2 years,  if
19        the violation resulted in the death of another person.
20             (6)  In  no case shall an offender be eligible for a
21        disposition of probation or conditional discharge  for  a
22        Class  1  felony committed while he was serving a term of
23        probation or conditional discharge for a felony.
24             (7)  When  a  defendant  is  adjudged   a   habitual
25        criminal  under Article 33B of the Criminal Code of 1961,
26        the court shall sentence  the  defendant  to  a  term  of
27        natural life imprisonment.
28             (8)  When  a defendant, over the age of 21 years, is
29        convicted of a Class 1 or Class 2  felony,  after  having
30        twice  been convicted in any state or federal court of an
31        offense that contains the same elements as an offense now
32        classified in Illinois as a  Class  2  or  greater  Class
33        felony  and such charges are separately brought and tried
34        and arise out of different series of acts, such defendant
 
                            -497-    LRB093 05878 EFG 05971 b
 1        shall be sentenced as a Class X offender. This  paragraph
 2        shall not apply unless (1) the first felony was committed
 3        after  the effective date of this amendatory Act of 1977;
 4        and (2) the second felony was committed after  conviction
 5        on  the  first;  and  (3)  the third felony was committed
 6        after conviction on the second. A person sentenced  as  a
 7        Class  X offender under this paragraph is not eligible to
 8        apply for  treatment  as  a  condition  of  probation  as
 9        provided  by  Section  40-10  of the Alcoholism and Other
10        Drug Abuse and Dependency Act.
11             (9)  A defendant convicted of a second or subsequent
12        offense of ritualized abuse of a child may  be  sentenced
13        to a term of natural life imprisonment.
14             (10)  When   a  person  is  convicted  of  violating
15        Section 11-501 of the Illinois Vehicle Code or a  similar
16        provision  of  a local ordinance, the following penalties
17        apply when his or her blood, breath, or urine was .16  or
18        more  based  on the definition of blood, breath, or urine
19        units in Section 11-501.2 or that person is convicted  of
20        violating  Section  11-501  of  the Illinois Vehicle Code
21        while transporting a child under the age of 16:
22                  (A)  For a first violation of subsection (a) of
23             Section 11-501, in addition  to  any  other  penalty
24             that  may be imposed under subsection (c) of Section
25             11-501:  a  mandatory  minimum  of  100   hours   of
26             community service and a minimum fine of $500.
27                  (B)  For  a  second violation of subsection (a)
28             of Section 11-501, in addition to any other  penalty
29             that  may be imposed under subsection (c) of Section
30             11-501 within 10 years: a  mandatory  minimum  of  2
31             days of imprisonment and a minimum fine of $1,250.
32                  (C)  For a third violation of subsection (a) of
33             Section  11-501,  in  addition  to any other penalty
34             that may be imposed under subsection (c) of  Section
 
                            -498-    LRB093 05878 EFG 05971 b
 1             11-501  within  20  years: a mandatory minimum of 90
 2             days of imprisonment and a minimum fine of $2,500.
 3                  (D)  For a fourth or  subsequent  violation  of
 4             subsection  (a) of Section 11-501: ineligibility for
 5             a sentence of probation or conditional discharge and
 6             a minimum fine of $2,500.
 7        (d)  In any case in which a sentence  originally  imposed
 8    is  vacated,  the  case shall be remanded to the trial court.
 9    The trial court shall hold a hearing under Section  5-4-1  of
10    the Unified Code of Corrections which may include evidence of
11    the  defendant's  life, moral character and occupation during
12    the time since the original sentence was passed.   The  trial
13    court  shall  then  impose  sentence upon the defendant.  The
14    trial court may impose any sentence  which  could  have  been
15    imposed at the original trial subject to Section 5-5-4 of the
16    Unified  Code  of  Corrections.  If  a sentence is vacated on
17    appeal or on collateral attack due  to  the  failure  of  the
18    trier of fact at trial to determine beyond a reasonable doubt
19    the  existence  of  a  fact  (other  than a prior conviction)
20    necessary to increase the punishment for the  offense  beyond
21    the   statutory  maximum  otherwise  applicable,  either  the
22    defendant may be re-sentenced to  a  term  within  the  range
23    otherwise  provided  or,  if  the  State  files notice of its
24    intention to again seek the extended sentence, the  defendant
25    shall be afforded a new trial.
26        (e)  In  cases  where  prosecution  for  criminal  sexual
27    assault  or  aggravated  criminal  sexual abuse under Section
28    12-13 or 12-16 of  the  Criminal  Code  of  1961  results  in
29    conviction  of  a  defendant  who  was a family member of the
30    victim at the time of the  commission  of  the  offense,  the
31    court shall consider the safety and welfare of the victim and
32    may impose a sentence of probation only where:
33             (1)  the   court  finds  (A)  or  (B)  or  both  are
34        appropriate:
 
                            -499-    LRB093 05878 EFG 05971 b
 1                  (A)  the defendant  is  willing  to  undergo  a
 2             court  approved  counseling  program  for  a minimum
 3             duration of 2 years; or
 4                  (B)  the defendant is willing to participate in
 5             a court approved plan including but not  limited  to
 6             the defendant's:
 7                       (i)  removal from the household;
 8                       (ii)  restricted contact with the victim;
 9                       (iii)  continued  financial support of the
10                  family;
11                       (iv)  restitution for  harm  done  to  the
12                  victim; and
13                       (v)  compliance  with  any  other measures
14                  that the court may deem appropriate; and
15             (2)  the court orders the defendant to pay  for  the
16        victim's  counseling  services,  to  the  extent that the
17        court finds, after considering the defendant's income and
18        assets, that the  defendant  is  financially  capable  of
19        paying  for  such  services,  if  the victim was under 18
20        years of age at the time the offense  was  committed  and
21        requires counseling as a result of the offense.
22        Probation  may be revoked or modified pursuant to Section
23    5-6-4; except where the court determines at the hearing  that
24    the  defendant  violated  a condition of his or her probation
25    restricting contact with the victim or other  family  members
26    or  commits  another  offense with the victim or other family
27    members, the court shall revoke the defendant's probation and
28    impose a term of imprisonment.
29        For the purposes of this  Section,  "family  member"  and
30    "victim"  shall have the meanings ascribed to them in Section
31    12-12 of the Criminal Code of 1961.
32        (f)  This Article shall not  deprive  a  court  in  other
33    proceedings  to order a forfeiture of property, to suspend or
34    cancel a license, to remove  a  person  from  office,  or  to
 
                            -500-    LRB093 05878 EFG 05971 b
 1    impose any other civil penalty.
 2        (g)  Whenever  a  defendant  is  convicted  of an offense
 3    under Sections 11-14, 11-15, 11-15.1,  11-16,  11-17,  11-18,
 4    11-18.1,  11-19,  11-19.1,  11-19.2,  12-13,  12-14, 12-14.1,
 5    12-15 or 12-16 of the Criminal Code of  1961,  the  defendant
 6    shall  undergo  medical  testing  to  determine  whether  the
 7    defendant has any sexually transmissible disease, including a
 8    test for infection with human immunodeficiency virus (HIV) or
 9    any    other   identified   causative   agent   of   acquired
10    immunodeficiency syndrome  (AIDS).   Any  such  medical  test
11    shall  be  performed  only  by appropriately licensed medical
12    practitioners and may  include  an  analysis  of  any  bodily
13    fluids  as  well as an examination of the defendant's person.
14    Except as otherwise provided by law, the results of such test
15    shall be kept strictly confidential by all medical  personnel
16    involved in the testing and must be personally delivered in a
17    sealed  envelope  to  the  judge  of  the  court in which the
18    conviction was entered for the judge's inspection in  camera.
19    Acting  in  accordance  with the best interests of the victim
20    and the public,  the  judge  shall  have  the  discretion  to
21    determine  to whom, if anyone, the results of the testing may
22    be revealed. The court shall notify the defendant of the test
23    results.  The court shall also notify the victim if requested
24    by the victim, and if the victim is under the age of  15  and
25    if  requested  by the victim's parents or legal guardian, the
26    court shall notify the victim's parents or legal guardian  of
27    the test results.  The court shall provide information on the
28    availability  of  HIV testing and counseling at Department of
29    Public Health facilities to all parties to whom  the  results
30    of  the  testing  are  revealed  and shall direct the State's
31    Attorney to  provide  the  information  to  the  victim  when
32    possible. A State's Attorney may petition the court to obtain
33    the  results of any HIV test administered under this Section,
34    and the court shall  grant  the  disclosure  if  the  State's
 
                            -501-    LRB093 05878 EFG 05971 b
 1    Attorney  shows it is relevant in order to prosecute a charge
 2    of criminal transmission of HIV under Section 12-16.2 of  the
 3    Criminal Code of 1961 against the defendant.  The court shall
 4    order  that  the  cost  of any such test shall be paid by the
 5    county and may  be  taxed  as  costs  against  the  convicted
 6    defendant.
 7        (g-5)  When   an   inmate   is  tested  for  an  airborne
 8    communicable  disease,  as   determined   by   the   Illinois
 9    Department  of  Public  Health  including  but not limited to
10    tuberculosis, the results of the  test  shall  be  personally
11    delivered  by  the  warden or his or her designee in a sealed
12    envelope to the judge of the court in which the  inmate  must
13    appear  for  the judge's inspection in camera if requested by
14    the judge.  Acting in accordance with the best  interests  of
15    those  in  the courtroom, the judge shall have the discretion
16    to determine what if any precautions  need  to  be  taken  to
17    prevent transmission of the disease in the courtroom.
18        (h)  Whenever  a  defendant  is  convicted  of an offense
19    under Section 1 or 2 of the Hypodermic Syringes  and  Needles
20    Act, the defendant shall undergo medical testing to determine
21    whether   the   defendant   has   been   exposed   to   human
22    immunodeficiency   virus   (HIV)   or  any  other  identified
23    causative agent of acquired immunodeficiency syndrome (AIDS).
24    Except as otherwise provided by law, the results of such test
25    shall be kept strictly confidential by all medical  personnel
26    involved in the testing and must be personally delivered in a
27    sealed  envelope  to  the  judge  of  the  court in which the
28    conviction was entered for the judge's inspection in  camera.
29    Acting  in  accordance with the best interests of the public,
30    the judge shall have the discretion to determine to whom,  if
31    anyone, the results of the testing may be revealed. The court
32    shall  notify  the  defendant  of  a positive test showing an
33    infection with the human immunodeficiency  virus  (HIV).  The
34    court  shall  provide  information on the availability of HIV
 
                            -502-    LRB093 05878 EFG 05971 b
 1    testing  and  counseling  at  Department  of  Public   Health
 2    facilities  to all parties to whom the results of the testing
 3    are revealed and shall direct the State's Attorney to provide
 4    the information  to  the  victim  when  possible.  A  State's
 5    Attorney  may petition the court to obtain the results of any
 6    HIV test administered under  this   Section,  and  the  court
 7    shall  grant  the disclosure if the State's Attorney shows it
 8    is relevant in  order  to  prosecute  a  charge  of  criminal
 9    transmission  of  HIV  under  Section 12-16.2 of the Criminal
10    Code of 1961 against the defendant.  The  court  shall  order
11    that  the  cost  of any such test shall be paid by the county
12    and may be taxed as costs against the convicted defendant.
13        (i)  All fines and penalties imposed under  this  Section
14    for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15    Vehicle  Code,  or  a similar provision of a local ordinance,
16    and any violation of the Child Passenger Protection Act, or a
17    similar provision of a local ordinance,  shall  be  collected
18    and  disbursed by the circuit clerk as provided under Section
19    27.5 of the Clerks of Courts Act.
20        (j)  In cases  when  prosecution  for  any  violation  of
21    Section  11-6,  11-8,  11-9,  11-11,  11-14,  11-15, 11-15.1,
22    11-16,  11-17,  11-17.1,  11-18,  11-18.1,  11-19,   11-19.1,
23    11-19.2,  11-20.1,  11-21,  12-13,  12-14, 12-14.1, 12-15, or
24    12-16 of the Criminal Code of  1961,  any  violation  of  the
25    Illinois  Controlled  Substances Act, or any violation of the
26    Cannabis Control Act results in conviction, a disposition  of
27    court  supervision,  or  an  order of probation granted under
28    Section 10 of the Cannabis Control Act or Section 410 of  the
29    Illinois  Controlled  Substance Act of a defendant, the court
30    shall determine  whether  the  defendant  is  employed  by  a
31    facility  or  center  as  defined under the Child Care Act of
32    1969, a public or private elementary or secondary school,  or
33    otherwise  works  with  children  under  18 years of age on a
34    daily basis.  When a defendant  is  so  employed,  the  court
 
                            -503-    LRB093 05878 EFG 05971 b
 1    shall  order  the  Clerk  of  the Court to send a copy of the
 2    judgment of conviction or order of supervision  or  probation
 3    to  the  defendant's  employer  by  certified  mail.  If  the
 4    employer of the defendant is a school, the Clerk of the Court
 5    shall  direct  the  mailing  of  a  copy  of  the judgment of
 6    conviction or  order  of  supervision  or  probation  to  the
 7    appropriate regional superintendent of schools.  The regional
 8    superintendent  of  schools  shall  notify the State Board of
 9    Education of any notification under this subsection.
10        (j-5)  A defendant at  least  17  years  of  age  who  is
11    convicted  of  a  felony  and  who  has  not  been previously
12    convicted of a misdemeanor or felony and who is sentenced  to
13    a   term  of  imprisonment  in  the  Illinois  Department  of
14    Corrections shall as a condition of his or  her  sentence  be
15    required  by the court to attend educational courses designed
16    to prepare the defendant for a high  school  diploma  and  to
17    work  toward  a high school diploma or to work toward passing
18    the high school level Test of General Educational Development
19    (GED) or to work  toward  completing  a  vocational  training
20    program  offered  by  the  Department  of  Corrections.  If a
21    defendant fails to complete the educational training required
22    by his or her sentence during the term of incarceration,  the
23    Prisoner  Review  Board  shall,  as  a condition of mandatory
24    supervised release, require the defendant, at his or her  own
25    expense,  to  pursue  a  course of study toward a high school
26    diploma or passage of the  GED  test.   The  Prisoner  Review
27    Board  shall  revoke  the  mandatory  supervised release of a
28    defendant who wilfully fails to comply with  this  subsection
29    (j-5)  upon  his  or  her release from confinement in a penal
30    institution while  serving  a  mandatory  supervised  release
31    term;  however, the inability of the defendant after making a
32    good faith effort to obtain financial  aid  or  pay  for  the
33    educational  training shall not be deemed a wilful failure to
34    comply.   The  Prisoner  Review  Board  shall  recommit   the
 
                            -504-    LRB093 05878 EFG 05971 b
 1    defendant  whose  mandatory  supervised release term has been
 2    revoked under this subsection (j-5) as  provided  in  Section
 3    3-3-9.   This  subsection (j-5) does not apply to a defendant
 4    who has a high school diploma or has successfully passed  the
 5    GED test. This subsection (j-5) does not apply to a defendant
 6    who is determined by the court to be developmentally disabled
 7    or otherwise mentally incapable of completing the educational
 8    or vocational program.
 9        (k)  A court may not impose a sentence or disposition for
10    a  felony  or  misdemeanor  that requires the defendant to be
11    implanted or injected with  or  to  use  any  form  of  birth
12    control.
13        (l) (A)  Except   as   provided   in   paragraph  (C)  of
14        subsection (l), whenever a defendant, who is an alien  as
15        defined  by  the  Immigration  and  Nationality  Act,  is
16        convicted of any felony or misdemeanor offense, the court
17        after  sentencing  the  defendant may, upon motion of the
18        State's Attorney, hold sentence in  abeyance  and  remand
19        the  defendant  to the custody of the Attorney General of
20        the United States or his or her designated  agent  to  be
21        deported when:
22                  (1)  a  final  order  of  deportation  has been
23             issued against the defendant pursuant to proceedings
24             under the Immigration and Nationality Act, and
25                  (2)  the deportation of the defendant would not
26             deprecate the seriousness of the defendant's conduct
27             and would not  be  inconsistent  with  the  ends  of
28             justice.
29             Otherwise,  the  defendant  shall  be  sentenced  as
30        provided in this Chapter V.
31             (B)  If the defendant has already been sentenced for
32        a  felony  or  misdemeanor offense, or has been placed on
33        probation under Section 10 of the Cannabis Control Act or
34        Section 410 of the Illinois  Controlled  Substances  Act,
 
                            -505-    LRB093 05878 EFG 05971 b
 1        the  court  may,  upon  motion of the State's Attorney to
 2        suspend the sentence imposed, commit the defendant to the
 3        custody of the Attorney General of the United  States  or
 4        his or her designated agent when:
 5                  (1)  a  final  order  of  deportation  has been
 6             issued against the defendant pursuant to proceedings
 7             under the Immigration and Nationality Act, and
 8                  (2)  the deportation of the defendant would not
 9             deprecate the seriousness of the defendant's conduct
10             and would not  be  inconsistent  with  the  ends  of
11             justice.
12             (C)  This subsection (l) does not apply to offenders
13        who  are  subject  to  the provisions of paragraph (2) of
14        subsection (a) of Section 3-6-3.
15             (D)  Upon motion  of  the  State's  Attorney,  if  a
16        defendant  sentenced  under  this  Section returns to the
17        jurisdiction of the United States, the defendant shall be
18        recommitted to the custody of the county from which he or
19        she was sentenced. Thereafter,  the  defendant  shall  be
20        brought before the sentencing court, which may impose any
21        sentence  that  was  available under Section 5-5-3 at the
22        time of initial sentencing.  In addition,  the  defendant
23        shall  not be eligible for additional good conduct credit
24        for meritorious service as provided under Section 3-6-6.
25        (m)  A  person  convicted  of  criminal   defacement   of
26    property  under  Section 21-1.3 of the Criminal Code of 1961,
27    in which the property damage exceeds $300  and  the  property
28    damaged  is  a  school  building, shall be ordered to perform
29    community service  that  may  include  cleanup,  removal,  or
30    painting over the defacement.
31    (Source: P.A.  91-357,  eff.  7-29-99;  91-404,  eff. 1-1-00;
32    91-663, eff. 12-22-99; 91-695,  eff.  4-13-00;  91-953,  eff.
33    2-23-01;  92-183,  eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
34    eff. 1-1-02; 92-340,  eff.  8-10-01;  92-418,  eff.  8-17-01;
 
                            -506-    LRB093 05878 EFG 05971 b
 1    92-422,  eff.  8-17-01;  92-651,  eff.  7-11-02; 92-698, eff.
 2    7-19-02; revised 2-17-03.)

 3        (730 ILCS 5/5-8-1.3)
 4        Sec. 5-8-1.3.  Pilot residential and transition treatment
 5    program for women.
 6        (a)  The General Assembly recognizes:
 7             (1)  that drug-offending  women  with  children  who
 8        have  been  in and out of the criminal justice system for
 9        years are a serious problem;
10             (2)  that  the  intergenerational  cycle  of   women
11        continuously  being  part  of the criminal justice system
12        needs to be broken;
13             (3)  that the effects of drug offending  women  with
14        children   disrupts   family   harmony   and  creates  an
15        atmosphere that is not  conducive  to  healthy  childhood
16        development;
17             (4)  that   there   is   a  need  for  an  effective
18        residential community supervision model to  provide  help
19        to  women to become drug free, recover from trauma, focus
20        on  healthy  mother-child  relationships,  and  establish
21        economic independence and long-term support;
22             (5)  that certain non-violent women  offenders  with
23        children  eligible  for  sentences  of incarceration, may
24        benefit  from  the  rehabilitative  aspects   of   gender
25        responsive treatment programs and services.  This Section
26        shall  not  be  construed  to  allow violent offenders to
27        participate in a treatment program.
28        (b)  Under the direction of  the  sheriff  and  with  the
29    approval  of  the county board of commissioners, the sheriff,
30    in any county  with  more  than  3,000,000  inhabitants,  may
31    operate  a  residential  and transition treatment program for
32    women established by the Illinois Department  of  Corrections
33    if  funding  has  been  provided by federal, local or private
 
                            -507-    LRB093 05878 EFG 05971 b
 1    entities.  If the court finds during the  sentencing  hearing
 2    conducted  under  Section  5-4-1  that a woman convicted of a
 3    felony meets the eligibility requirements  of  the  sheriff's
 4    residential  and  transition treatment program for women, the
 5    court may refer the offender to the sheriff's residential and
 6    transition treatment program for women for consideration as a
 7    participant  as  an  alternative  to  incarceration  in   the
 8    penitentiary.    The   sheriff   shall   be  responsible  for
 9    supervising all women who are placed in the  residential  and
10    transition  treatment  program  for  women  for  the 12-month
11    period.  In the event that the  woman  is  not  accepted  for
12    placement   in   the  sheriff's  residential  and  transition
13    treatment program for  women,  the  court  shall  proceed  to
14    sentence  the  woman  to  any other disposition authorized by
15    this Code.  If the woman does not successfully  complete  the
16    residential  and transition  treatment program for women, the
17    woman's failure to do so shall constitute a violation of  the
18    sentence  to the residential and transition treatment program
19    for women.
20        (c)  In order to be eligible to be a participant  in  the
21    pilot residential and transition treatment program for women,
22    the participant shall meet all of the following conditions:
23             (1)  The  woman  has not been convicted of a violent
24        crime as defined in subsection (c) of Section  3  of  the
25        Rights  of  Crime  Victims  and  Witnesses Act, a Class X
26        felony, first or second degree  murder,  armed  violence,
27        aggravated    kidnapping,    criminal   sexual   assault,
28        aggravated  criminal  sexual  abuse   or   a   subsequent
29        conviction for criminal sexual abuse, forcible detention,
30        or  arson and has not been previously convicted of any of
31        those offenses.
32             (2)  The woman must undergo  an  initial  assessment
33        evaluation to determine the treatment and program plan.
34             (3)  The  woman  was  recommended  and  accepted for
 
                            -508-    LRB093 05878 EFG 05971 b
 1        placement  in  the  pilot  residential   and   transition
 2        treatment   program   for  women  by  the  Department  of
 3        Corrections and has consented in writing to participation
 4        in the program under the  terms  and  conditions  of  the
 5        program.   The  Department  of  Corrections  may consider
 6        whether space is available.
 7        (d)  The program may include a substance abuse  treatment
 8    program  designed for women offenders, mental health, trauma,
 9    and  medical   treatment;   parenting   skills   and   family
10    relationship  counseling, preparation for a GED or vocational
11    certificate; life skills program; job readiness and job skill
12    training, and a community transition development plan.
13        (e)  With the approval of the Department of  Corrections,
14    the  sheriff  shall  issue  requirements  for the program and
15    inform the participants who shall sign an agreement to adhere
16    to all rules and all requirements for the  pilot  residential
17    and transition treatment program.
18        (f)  Participation   in   the   pilot   residential   and
19    transition  treatment program for women shall be for a period
20    not to exceed 12 months. The period may  not  be  reduced  by
21    accumulation of good time.
22        (g)  If   the  woman  successfully  completes  the  pilot
23    residential and  transition treatment program for women,  the
24    sheriff  shall  notify  the  Department  of  Corrections, the
25    court, and the State's Attorney of the county of the  woman's
26    successful completion.
27        (h)  A  woman  may  be removed from the pilot residential
28    and transition treatment program for women for  violation  of
29    the  terms  and conditions of the program or in the event she
30    is unable to participate. The failure to complete the program
31    shall be deemed a violation of the conditions of the program.
32    The  sheriff  shall  give  notice  to   the   Department   of
33    Corrections,  the  court,  and  the  State's  Attorney of the
34    woman's failure to complete the program.  The  Department  of
 
                            -509-    LRB093 05878 EFG 05971 b
 1    Corrections  or  its  designee shall file a petition alleging
 2    that the woman has violated the  conditions  of  the  program
 3    with  the  court.  The  State's  Attorney  may proceed on the
 4    petition under Section 5-4-1 of this Code.
 5        (i)  The  conditions  of  the   pilot   residential   and
 6    transition treatment program for women shall include that the
 7    woman while in the program:
 8             (1)  not   violate   any  criminal  statute  of  any
 9        jurisdiction;
10             (2)  report or appear in person before any person or
11        agency  as  directed  by  the  court,  the  sheriff,   or
12        Department of Corrections;
13             (3)  refrain  from  possessing  a  firearm  or other
14        dangerous weapon;
15             (4)  consent to drug testing;
16             (5)  not leave the State without the consent of  the
17        court  or,  in  circumstances  in  which  reason  for the
18        absence is of such an emergency nature that prior consent
19        by the court is not possible, without prior  notification
20        and approval of the Department of Corrections;
21             (6)  upon  placement  in  the program, must agree to
22        follow all requirements of the program.;
23        (j)  The Department of Corrections  or  the  sheriff  may
24    terminate the program at any time by mutual agreement or with
25    30  days  prior  written  notice  by either the Department of
26    Corrections or the sheriff.
27        (k)  The Department of Corrections may enter into a joint
28    contract with a county with more than  3,000,000  inhabitants
29    to  establish  and  operate a pilot residential and treatment
30    program for women.
31        (l)  The Director of the Department of Corrections  shall
32    have  the authority to develop rules to establish and operate
33    a pilot residential and  treatment  program  for  women  that
34    shall  include  criteria for selection of the participants of
 
                            -510-    LRB093 05878 EFG 05971 b
 1    the program in conjunction and  approval  by  the  sentencing
 2    court.    Violent   crime   offenders  are  not  eligible  to
 3    participate in the program.
 4        (m)  The Department shall report to the Governor and  the
 5    General  Assembly  before  September 30th of each year on the
 6    pilot residential and treatment program for women,  including
 7    the  composition  of the program by offenders, sentence, age,
 8    offense, and race.
 9        (n)  The Department of Corrections  or  the  sheriff  may
10    terminate the program with 30 days prior written notice.
11        (o)  A  county  with  more  than 3,000,000 inhabitants is
12    authorized to  apply  for  funding  from  federal,  local  or
13    private  entities  to  create  a  Residential  and  Treatment
14    Program  for  Women.   This sentencing option may not go into
15    effect until the funding is secured for the program  and  the
16    program has been established.
17    (Source: P.A. 92-806, eff. 1-1-03; revised 1-20-03.)

18        Section  52.   The Open Parole Hearings Act is amended by
19    changing Section 25 as follows:

20        (730 ILCS 105/25) (from Ch. 38, par. 1675)
21        Sec. 25.  Notification of future parole hearings.
22        (a)  The Board shall notify the State's Attorney  of  the
23    committing  county  of  the pending hearing and the victim of
24    all forthcoming parole hearings at least 15 days in  advance.
25    Written notification shall contain:
26             (1)  notification of the place of the hearing;
27             (2)  the date and approximate time of the hearing;
28             (3)  their  right to enter a statement, to appear in
29        person, and to submit other information  by  video  tape,
30        tape recording, or other electronic means in the form and
31        manner described by the Board.
32        Notification  to  the  victims shall be at the last known
 
                            -511-    LRB093 05878 EFG 05971 b
 1    address of the victim. It shall be the responsibility of  the
 2    victim  to  notify  the  board  of any changes in address and
 3    name.
 4        (b)  However, at any time the victim  may  request  by  a
 5    written  certified  statement  that the Prisoner Review Board
 6    stop sending notice under this Section.
 7        (c)  (Blank).
 8        (d)  No later than 7 days  after  a  parole  hearing  the
 9    Board  shall  send  notice  of  its  decision  to the State's
10    Attorney and victim.  If parole is denied,  the  Board  shall
11    within  a  reasonable period of time notify the victim of the
12    month and year of the next scheduled hearing.
13    (Source: P.A. 87-224; revised 1-20-03.)

14        Section 53. The Code of Civil  Procedure  is  amended  by
15    changing Section 2-1401 as follows:

16        (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
17        Sec. 2-1401.  Relief from judgments.
18        (a)  Relief  from  final  orders  and judgments, after 30
19    days from the entry thereof, may  be  had  upon  petition  as
20    provided  in  this  Section.   Writs of error coram nobis and
21    coram vobis, bills of review and bills in the nature of bills
22    of review are abolished.  All  relief  heretofore  obtainable
23    and the grounds for such relief heretofore available, whether
24    by  any  of  the  foregoing  remedies  or otherwise, shall be
25    available in every case, by proceedings hereunder, regardless
26    of the nature of the order or judgment from which  relief  is
27    sought or of the proceedings in which it was entered.  Except
28    as  provided  in  Section  6 of the Illinois Parentage Act of
29    1984, there shall be no distinction between actions and other
30    proceedings, statutory or otherwise, as  to  availability  of
31    relief, grounds for relief or the relief obtainable.
32        (b)  The petition must be filed in the same proceeding in
 
                            -512-    LRB093 05878 EFG 05971 b
 1    which  the  order  or  judgment   was  entered  but  is not a
 2    continuation thereof.  The  petition  must  be  supported  by
 3    affidavit  or  other appropriate showing as to matters not of
 4    record.  All parties to the petition  shall  be  notified  as
 5    provided by rule.
 6        (c)  Except  as  provided  in Section 20b of the Adoption
 7    Act and Section 2-32 3-32 of the Juvenile Court Act  of  1987
 8    or  in  a  petition  based  upon Section 116-3 of the Code of
 9    Criminal Procedure of 1963, the petition must  be  filed  not
10    later than 2 years after the entry of the order or judgment.
11    Time  during  which  the person seeking relief is under legal
12    disability or duress or the ground for relief is fraudulently
13    concealed shall be excluded in  computing  the  period  of  2
14    years.
15        (d)  The filing of a petition under this Section does not
16    affect the order or judgment, or suspend its operation.
17        (e)  Unless  lack  of  jurisdiction affirmatively appears
18    from the record proper, the vacation or  modification  of  an
19    order  or judgment pursuant to the provisions of this Section
20    does not affect the right, title or interest  in  or  to  any
21    real  or  personal property of any person, not a party to the
22    original action, acquired for value after the  entry  of  the
23    order or judgment  but before the filing of the petition, nor
24    affect  any  right  of any person not a party to the original
25    action under any certificate of sale issued before the filing
26    of the petition, pursuant to a sale based  on  the  order  or
27    judgment.
28        (f)  Nothing   contained  in  this  Section  affects  any
29    existing right to relief from a void order or judgment, or to
30    employ any existing method to procure that relief.
31    (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
32    eff. 1-1-98; 90-655, eff. 7-30-98; revised 11-06-02.)

33        Section 54.  The Illinois  Marriage  and  Dissolution  of
 
                            -513-    LRB093 05878 EFG 05971 b
 1    Marriage Act is amended by changing Section 510 as follows:

 2        (750 ILCS 5/510) (from Ch. 40, par. 510)
 3        (Text of Section before amendment by P.A. 92-876)
 4        Sec. 510.  Modification and termination of provisions for
 5    maintenance,  support,  educational  expenses,  and  property
 6    disposition.
 7        (a)  Except  as  otherwise  provided  in paragraph (f) of
 8    Section 502 and in subsection  (b),  clause  (3)  of  Section
 9    505.2,  the provisions of any judgment respecting maintenance
10    or support may be modified only as to  installments  accruing
11    subsequent to due notice by the moving party of the filing of
12    the motion for modification and, with respect to maintenance,
13    only upon a showing of a substantial change in circumstances.
14    An order for child support may be modified as follows:
15             (1)  upon  a  showing  of  a  substantial  change in
16        circumstances; and
17             (2)  without the necessity of showing a  substantial
18        change in circumstances, as follows:
19                  (A)  upon  a  showing of an inconsistency of at
20             least 20%, but no less than $10 per  month,  between
21             the  amount  of the existing order and the amount of
22             child support that results from application  of  the
23             guidelines  specified  in  Section  505  of this Act
24             unless the inconsistency is due to the fact that the
25             amount  of  the  existing  order  resulted  from   a
26             deviation  from  the  guideline amount and there has
27             not been a change in the circumstances that resulted
28             in that deviation; or
29                  (B)  Upon a showing of a need  to  provide  for
30             the  health  care needs of the child under the order
31             through health insurance  or  other  means.   In  no
32             event  shall  the  eligibility  for  or  receipt  of
33             medical assistance be considered to meet the need to
 
                            -514-    LRB093 05878 EFG 05971 b
 1             provide for the child's health care needs.
 2        The provisions of subparagraph (a)(2)(A) shall apply only
 3    in  cases  in  which  a  party  is  receiving  child  support
 4    enforcement  services  from the Illinois Department of Public
 5    Aid under Article X of the Illinois Public Aid Code, and only
 6    when at least 36 months have  elapsed  since  the  order  for
 7    child support was entered or last modified.
 8        (b)  The provisions as to property disposition may not be
 9    revoked  or modified, unless the court finds the existence of
10    conditions that justify the reopening of a judgment under the
11    laws of this State.
12        (c)  Unless otherwise agreed by the parties in a  written
13    agreement  set forth in the judgment or otherwise approved by
14    the court,  the  obligation  to  pay  future  maintenance  is
15    terminated  upon the death of either party, or the remarriage
16    of the party receiving maintenance, or if the party receiving
17    maintenance cohabits  with  another  person  on  a  resident,
18    continuing conjugal basis.
19        (d)  Unless  otherwise  agreed  in  writing  or expressly
20    provided in a judgment, provisions for the support of a child
21    are terminated  by  emancipation  of  the  child,  except  as
22    otherwise  provided  herein, but not by the death of a parent
23    obligated to  support  or  educate  the  child.  An  existing
24    obligation  to  pay  for  support or educational expenses, or
25    both, is not terminated by the death of  a  parent.   When  a
26    parent  obligated  to pay support or educational expenses, or
27    both, dies, the amount of support or educational expenses, or
28    both, may be enforced, modified, revoked  or  commuted  to  a
29    lump   sum   payment,   as   equity  may  require,  and  that
30    determination  may  be  provided  for  at  the  time  of  the
31    dissolution of the marriage or thereafter.
32        (e)  The right to petition  for  support  or  educational
33    expenses,  or  both,  under  Sections  505  and  513  is  not
34    extinguished  by the death of a parent. Upon a petition filed
 
                            -515-    LRB093 05878 EFG 05971 b
 1    before or after a parent's death, the court may award sums of
 2    money out of the decedent's estate for the child's support or
 3    educational expenses, or both, as equity  may  require.   The
 4    time  within which a claim may be filed against the estate of
 5    a decedent under Sections 505 and 513 and subsection (d)  and
 6    this  subsection  shall  be governed by the provisions of the
 7    Probate Act of 1975, as a barrable, noncontingent claim.
 8        (f)  A petition to modify  or  terminate  child  support,
 9    custody,  or  visitation  shall  not  delay any child support
10    enforcement litigation or supplementary proceeding on  behalf
11    of the obligee, including, but not limited to, a petition for
12    a  rule  to  show  cause,  for non-wage garnishment, or for a
13    restraining order.
14    (Source: P.A.  92-289,  eff.  8-9-01;  92-590,  eff.  7-1-02;
15    92-651, eff. 7-11-02.)

16        (Text of Section after amendment by P.A. 92-876)
17        Sec. 510.  Modification and termination of provisions for
18    maintenance,  support,  educational  expenses,  and  property
19    disposition.
20        (a)  Except  as  otherwise  provided  in paragraph (f) of
21    Section 502 and in subsection  (b),  clause  (3)  of  Section
22    505.2,  the provisions of any judgment respecting maintenance
23    or support may be modified only as to  installments  accruing
24    subsequent to due notice by the moving party of the filing of
25    the motion for modification and, with respect to maintenance,
26    only upon a showing of a substantial change in circumstances.
27    An order for child support may be modified as follows:
28             (1)  upon  a  showing  of  a  substantial  change in
29        circumstances; and
30             (2)  without the necessity of showing a  substantial
31        change in circumstances, as follows:
32                  (A)  upon  a  showing of an inconsistency of at
33             least 20%, but no less than $10 per  month,  between
34             the  amount  of the existing order and the amount of
 
                            -516-    LRB093 05878 EFG 05971 b
 1             child support that results from application  of  the
 2             guidelines  specified  in  Section  505  of this Act
 3             unless the inconsistency is due to the fact that the
 4             amount  of  the  existing  order  resulted  from   a
 5             deviation  from  the  guideline amount and there has
 6             not been a change in the circumstances that resulted
 7             in that deviation; or
 8                  (B)  Upon a showing of a need  to  provide  for
 9             the  health  care needs of the child under the order
10             through health insurance  or  other  means.   In  no
11             event  shall  the  eligibility  for  or  receipt  of
12             medical assistance be considered to meet the need to
13             provide for the child's health care needs.
14        The provisions of subparagraph (a)(2)(A) shall apply only
15    in  cases  in  which  a  party  is  receiving  child  support
16    enforcement  services  from the Illinois Department of Public
17    Aid under Article X of the Illinois Public Aid Code, and only
18    when at least 36 months have  elapsed  since  the  order  for
19    child support was entered or last modified.
20        (b)  The provisions as to property disposition may not be
21    revoked  or modified, unless the court finds the existence of
22    conditions that justify the reopening of a judgment under the
23    laws of this State.
24        (c)  Unless otherwise agreed by the parties in a  written
25    agreement  set forth in the judgment or otherwise approved by
26    the court,  the  obligation  to  pay  future  maintenance  is
27    terminated  upon the death of either party, or the remarriage
28    of the party receiving maintenance, or if the party receiving
29    maintenance cohabits  with  another  person  on  a  resident,
30    continuing conjugal basis.
31        (d)  Unless  otherwise provided in this Act, or as agreed
32    in writing or expressly provided in the judgment,  provisions
33    for  the support of a child are terminated by emancipation of
34    the child, or if the child has attained the age of 18 and  is
 
                            -517-    LRB093 05878 EFG 05971 b
 1    still  attending  high  school, provisions for the support of
 2    the child  are  terminated  upon  the  date  that  the  child
 3    graduates  from high school or the date the child attains the
 4    age of 19, whichever is earlier, but not by the  death  of  a
 5    parent obligated to support or educate the child. An existing
 6    obligation  to  pay  for  support or educational expenses, or
 7    both, is not terminated by the death of  a  parent.   When  a
 8    parent  obligated  to pay support or educational expenses, or
 9    both, dies, the amount of support or educational expenses, or
10    both, may be enforced, modified, revoked  or  commuted  to  a
11    lump   sum   payment,   as   equity  may  require,  and  that
12    determination  may  be  provided  for  at  the  time  of  the
13    dissolution of the marriage or thereafter.
14        (e)  The right to petition  for  support  or  educational
15    expenses,  or  both,  under  Sections  505  and  513  is  not
16    extinguished  by the death of a parent. Upon a petition filed
17    before or after a parent's death, the court may award sums of
18    money out of the decedent's estate for the child's support or
19    educational expenses, or both, as equity  may  require.   The
20    time  within which a claim may be filed against the estate of
21    a decedent under Sections 505 and 513 and subsection (d)  and
22    this  subsection  shall  be governed by the provisions of the
23    Probate Act of 1975, as a barrable, noncontingent claim.
24        (f)  A petition to modify  or  terminate  child  support,
25    custody,  or  visitation  shall  not  delay any child support
26    enforcement litigation or supplementary proceeding on  behalf
27    of the obligee, including, but not limited to, a petition for
28    a  rule  to  show  cause,  for non-wage garnishment, or for a
29    restraining order.
30    (Source: P.A.  92-289,  eff.  8-9-01;  92-590,  eff.  7-1-02;
31    92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)

32        Section 55.  The Non-Support Punishment Act is amended by
33    changing Section 20 as follows:
 
                            -518-    LRB093 05878 EFG 05971 b
 1        (750 ILCS 16/20)
 2        (Text of Section before amendment by P.A. 92-876)
 3        Sec. 20.  Entry of order for support; income withholding.
 4        (a)  In  a case in which no court or administrative order
 5    for support is in effect against the defendant:
 6             (1)  at any time before the trial,  upon  motion  of
 7        the  State's  Attorney, or of the Attorney General if the
 8        action has been instituted by his office, and upon notice
 9        to the defendant, or at the time of arraignment or  as  a
10        condition  of  postponement of arraignment, the court may
11        enter such temporary order for support as may seem  just,
12        providing for the support or maintenance of the spouse or
13        child  or  children  of  the defendant, or both, pendente
14        lite; or
15             (2)  before trial with the consent of the defendant,
16        or at the trial on entry of a plea of  guilty,  or  after
17        conviction,  instead  of imposing the penalty provided in
18        this Act, or in addition thereto, the court may enter  an
19        order  for  support, subject to modification by the court
20        from time to time as circumstances may require, directing
21        the defendant to pay a certain sum for maintenance of the
22        spouse, or for support of the child or children, or both.
23        (b)  The  court  shall  determine  the  amount  of  child
24    support by using the guidelines and standards  set  forth  in
25    subsection  (a)  of  Section  505 and in Section 505.2 of the
26    Illinois Marriage and Dissolution of Marriage Act.
27        If (i) the non-custodial parent was properly served  with
28    a  request for discovery of financial information relating to
29    the non-custodial parent's ability to provide child  support,
30    (ii)  the  non-custodial  parent  failed  to  comply with the
31    request, despite having been ordered to do so by  the  court,
32    and  (iii)  the  non-custodial  parent  is not present at the
33    hearing to determine support despite having  received  proper
34    notice,  then  any  relevant financial information concerning
 
                            -519-    LRB093 05878 EFG 05971 b
 1    the non-custodial parent's ability to  provide  support  that
 2    was  obtained pursuant to subpoena and proper notice shall be
 3    admitted into evidence without  the  need  to  establish  any
 4    further foundation for its admission.
 5        (c)  The  court shall determine the amount of maintenance
 6    using the standards set forth in  Section 504 of the Illinois
 7    Marriage and Dissolution of Marriage Act.
 8        (d)  The court may, for violation of any order under this
 9    Section, punish the offender as for a contempt of court,  but
10    no  pendente  lite order shall remain in effect longer than 4
11    months, or  after  the  discharge  of  any  panel  of  jurors
12    summoned  for  service thereafter in such court, whichever is
13    sooner.
14        (e)  Any order for support entered  by  the  court  under
15    this  Section  shall  be  deemed  to be a series of judgments
16    against  the  person  obligated  to  pay  support  under  the
17    judgments, each such judgment to be in  the  amount  of  each
18    payment  or  installment  of  support and each judgment to be
19    deemed entered as of the date the  corresponding  payment  or
20    installment becomes due under the terms of the support order.
21    Each   judgment  shall  have  the  full  force,  effect,  and
22    attributes of any other judgment of this State, including the
23    ability  to  be  enforced.   Each  judgment  is  subject   to
24    modification  or  termination only in accordance with Section
25    510 of the Illinois Marriage and Dissolution of Marriage Act.
26    A lien arises by  operation  of  law  against  the  real  and
27    personal   property  of  the  noncustodial  parent  for  each
28    installment of  overdue  support  owed  by  the  noncustodial
29    parent.
30        (f)  An  order  for  support  entered  under this Section
31    shall include a provision requiring the obligor to report  to
32    the obligee and to the clerk of the court within 10 days each
33    time  the  obligor  obtains new employment, and each time the
34    obligor's employment  is  terminated  for  any  reason.   The
 
                            -520-    LRB093 05878 EFG 05971 b
 1    report  shall  be  in  writing  and shall, in the case of new
 2    employment, include the name and address of the new employer.
 3        Failure to report new employment or  the  termination  of
 4    current employment, if coupled with nonpayment of support for
 5    a period in excess of 60 days, is indirect criminal contempt.
 6    For   any   obligor   arrested  for  failure  to  report  new
 7    employment, bond shall be set in  the  amount  of  the  child
 8    support  that  should  have  been  paid  during the period of
 9    unreported employment.
10        An order for support entered  under  this  Section  shall
11    also  include  a  provision requiring the obligor and obligee
12    parents to advise each other of a change in residence  within
13    5  days  of  the  change except when the court finds that the
14    physical, mental, or emotional health of  a  party  or  of  a
15    minor  child,  or  both,  would  be  seriously  endangered by
16    disclosure of the party's address.
17        (g)  An order for support entered or modified in  a  case
18    in  which  a  party  is  receiving  child support enforcement
19    services under Article X of  the  Illinois  Public  Aid  Code
20    shall  include  a provision requiring the noncustodial parent
21    to notify the Illinois Department of  Public  Aid,  within  7
22    days,  of  the  name  and  address of any new employer of the
23    noncustodial parent,  whether  the  noncustodial  parent  has
24    access  to  health insurance coverage through the employer or
25    other group coverage and, if so, the policy name  and  number
26    and the names of persons covered under the policy.
27        (h)  In  any  subsequent  action  to enforce an order for
28    support entered under this Act, upon sufficient showing  that
29    diligent  effort  has  been made to ascertain the location of
30    the noncustodial parent, service of process or  provision  of
31    notice necessary in that action may be made at the last known
32    address  of  the noncustodial parent, in any manner expressly
33    provided by the Code of Civil Procedure or in this Act, which
34    service shall be sufficient for purposes of due process.
 
                            -521-    LRB093 05878 EFG 05971 b
 1        (i)  An order for support shall include a date  on  which
 2    the  current  support obligation terminates.  The termination
 3    date shall be no earlier than the date  on  which  the  child
 4    covered  by  the  order will attain the age of majority or is
 5    otherwise emancipated. The order for support shall state that
 6    the termination date does not apply to any arrearage that may
 7    remain unpaid on that date.  Nothing in this subsection shall
 8    be construed to prevent the court from modifying the order.
 9        (j)  A support obligation, or any portion  of  a  support
10    obligation,  which becomes due and remains unpaid for 30 days
11    or more shall accrue simple interest at the rate  of  9%  per
12    annum.  An  order for support entered or modified on or after
13    January 1, 2002 shall contain  a  statement  that  a  support
14    obligation  required  under  the  order,  or any portion of a
15    support obligation required under the order, that becomes due
16    and remains unpaid for 30 days or more  shall  accrue  simple
17    interest at the rate of 9% per annum.  Failure to include the
18    statement  in  the  order  for  support  does  not affect the
19    validity of the order or the accrual of interest as  provided
20    in this Section.
21    (Source:  P.A.  91-613,  eff.  10-1-99;  91-767, eff. 6-9-00;
22    92-374, eff. 8-15-01; 92-590, eff. 7-1-02.)

23        (Text of Section after amendment by P.A. 92-876)
24        Sec. 20.  Entry of order for support; income withholding.
25        (a)  In a case in which no court or administrative  order
26    for support is in effect against the defendant:
27             (1)  at  any  time  before the trial, upon motion of
28        the State's Attorney, or of the Attorney General  if  the
29        action has been instituted by his office, and upon notice
30        to  the  defendant, or at the time of arraignment or as a
31        condition of postponement of arraignment, the  court  may
32        enter  such temporary order for support as may seem just,
33        providing for the support or maintenance of the spouse or
34        child or children of the  defendant,  or  both,  pendente
 
                            -522-    LRB093 05878 EFG 05971 b
 1        lite; or
 2             (2)  before trial with the consent of the defendant,
 3        or  at  the  trial on entry of a plea of guilty, or after
 4        conviction, instead of imposing the penalty  provided  in
 5        this  Act, or in addition thereto, the court may enter an
 6        order for support, subject to modification by  the  court
 7        from time to time as circumstances may require, directing
 8        the defendant to pay a certain sum for maintenance of the
 9        spouse, or for support of the child or children, or both.
10        (b)  The  court  shall  determine  the  amount  of  child
11    support  by  using  the guidelines and standards set forth in
12    subsection (a) of Section 505 and in  Section  505.2  of  the
13    Illinois Marriage and Dissolution of Marriage Act.
14        If  (i) the non-custodial parent was properly served with
15    a request for discovery of financial information relating  to
16    the  non-custodial parent's ability to provide child support,
17    (ii) the non-custodial  parent  failed  to  comply  with  the
18    request,  despite  having been ordered to do so by the court,
19    and (iii) the non-custodial parent  is  not  present  at  the
20    hearing  to  determine support despite having received proper
21    notice, then any relevant  financial  information  concerning
22    the  non-custodial  parent's  ability to provide support that
23    was obtained pursuant to subpoena and proper notice shall  be
24    admitted  into  evidence  without  the  need to establish any
25    further foundation for its admission.
26        (c)  The court shall determine the amount of  maintenance
27    using the standards set forth in  Section 504 of the Illinois
28    Marriage and Dissolution of Marriage Act.
29        (d)  The court may, for violation of any order under this
30    Section,  punish the offender as for a contempt of court, but
31    no pendente lite order shall remain in effect longer  than  4
32    months,  or  after  the  discharge  of  any  panel  of jurors
33    summoned for service thereafter in such court,  whichever  is
34    sooner.
 
                            -523-    LRB093 05878 EFG 05971 b
 1        (e)  Any  order  for  support  entered by the court under
 2    this Section shall be deemed to  be  a  series  of  judgments
 3    against  the  person  obligated  to  pay  support  under  the
 4    judgments,  each  such  judgment  to be in the amount of each
 5    payment or installment of support and  each  judgment  to  be
 6    deemed  entered  as  of the date the corresponding payment or
 7    installment becomes due under the terms of the support order.
 8    Each  judgment  shall  have  the  full  force,  effect,   and
 9    attributes of any other judgment of this State, including the
10    ability   to  be  enforced.   Each  judgment  is  subject  to
11    modification or termination only in accordance  with  Section
12    510 of the Illinois Marriage and Dissolution of Marriage Act.
13    A  lien  arises  by  operation  of  law  against the real and
14    personal  property  of  the  noncustodial  parent  for   each
15    installment  of  overdue  support  owed  by  the noncustodial
16    parent.
17        (f)  An order for  support  entered  under  this  Section
18    shall  include a provision requiring the obligor to report to
19    the obligee and to the clerk of the court within 10 days each
20    time the obligor obtains new employment, and  each  time  the
21    obligor's  employment  is  terminated  for  any  reason.  The
22    report shall be in writing and shall,  in  the  case  of  new
23    employment, include the name and address of the new employer.
24        Failure  to  report  new employment or the termination of
25    current employment, if coupled with nonpayment of support for
26    a period in excess of 60 days, is indirect criminal contempt.
27    For  any  obligor  arrested  for  failure   to   report   new
28    employment,  bond  shall  be  set  in the amount of the child
29    support that should have  been  paid  during  the  period  of
30    unreported employment.
31        An  order  for  support  entered under this Section shall
32    also include a provision requiring the  obligor  and  obligee
33    parents  to advise each other of a change in residence within
34    5 days of the change except when the  court  finds  that  the
 
                            -524-    LRB093 05878 EFG 05971 b
 1    physical,  mental,  or  emotional  health  of a party or of a
 2    minor child,  or  both,  would  be  seriously  endangered  by
 3    disclosure of the party's address.
 4        (g)  An  order  for support entered or modified in a case
 5    in which a  party  is  receiving  child  support  enforcement
 6    services  under  Article  X  of  the Illinois Public Aid Code
 7    shall include a provision requiring the  noncustodial  parent
 8    to  notify  the  Illinois  Department of Public Aid, within 7
 9    days, of the name and address of  any  new  employer  of  the
10    noncustodial  parent,  whether  the  noncustodial  parent has
11    access to health insurance coverage through the  employer  or
12    other  group  coverage and, if so, the policy name and number
13    and the names of persons covered under the policy.
14        (h)  In any subsequent action to  enforce  an  order  for
15    support  entered under this Act, upon sufficient showing that
16    diligent effort has been made to ascertain  the  location  of
17    the  noncustodial  parent, service of process or provision of
18    notice necessary in that action may be made at the last known
19    address of the noncustodial parent, in any  manner  expressly
20    provided by the Code of Civil Procedure or in this Act, which
21    service shall be sufficient for purposes of due process.
22        (i)  An  order  for support shall include a date on which
23    the current support obligation terminates.   The  termination
24    date  shall  be  no  earlier than the date on which the child
25    covered by the order will attain the age of 18.  However,  if
26    the  child  will  not  graduate  from high school until after
27    attaining the age of 18, then the termination date  shall  be
28    no  earlier than the earlier of the date on which the child's
29    high school graduation will occur or the date  on  which  the
30    child  will attain the age of 19. The order for support shall
31    state that  the  termination  date  does  not  apply  to  any
32    arrearage  that  may  remain unpaid on that date.  Nothing in
33    this subsection shall be construed to prevent the court  from
34    modifying the order or terminating the order in the event the
 
                            -525-    LRB093 05878 EFG 05971 b
 1    child is otherwise emancipated.
 2        (j)  A  support  obligation,  or any portion of a support
 3    obligation, which becomes due and remains unpaid for 30  days
 4    or  more  shall  accrue simple interest at the rate of 9% per
 5    annum. An order for support entered or modified on  or  after
 6    January  1,  2002  shall  contain  a statement that a support
 7    obligation required under the order,  or  any  portion  of  a
 8    support obligation required under the order, that becomes due
 9    and  remains  unpaid  for 30 days or more shall accrue simple
10    interest at the rate of 9% per annum.  Failure to include the
11    statement in the  order  for  support  does  not  affect  the
12    validity  of the order or the accrual of interest as provided
13    in this Section.
14    (Source: P.A. 91-613,  eff.  10-1-99;  91-767,  eff.  6-9-00;
15    92-374,  eff.  8-15-01;  92-590,  eff.  7-1-02;  92-876, eff.
16    6-1-03; revised 1-14-03.)

17        Section 56.   The  Illinois  Parentage  Act  of  1984  is
18    amended by changing Section 14 as follows:

19        (750 ILCS 45/14) (from Ch. 40, par. 2514)
20        (Text of Section before amendment by P.A. 92-876)
21        Sec. 14.  Judgment.
22        (a) (1)  The judgment shall contain or explicitly reserve
23    provisions  concerning  any  duty and amount of child support
24    and  may  contain  provisions  concerning  the  custody   and
25    guardianship  of  the  child,  visitation privileges with the
26    child, the furnishing of  bond  or  other  security  for  the
27    payment  of  the judgment, which the court shall determine in
28    accordance  with  the  relevant  factors  set  forth  in  the
29    Illinois Marriage and Dissolution of  Marriage  Act  and  any
30    other  applicable  law  of  Illinois, to guide the court in a
31    finding in the best interests of the  child.  In  determining
32    custody,  joint custody, or visitation, the court shall apply
 
                            -526-    LRB093 05878 EFG 05971 b
 1    the  relevant  standards  of  the   Illinois   Marriage   and
 2    Dissolution of Marriage Act. Specifically, in determining the
 3    amount  of  any  child support award, the court shall use the
 4    guidelines and standards  set  forth  in  subsection  (a)  of
 5    Section 505 and in Section 505.2 of the Illinois Marriage and
 6    Dissolution  of Marriage Act.  For purposes of Section 505 of
 7    the Illinois Marriage and Dissolution of Marriage  Act,  "net
 8    income"   of  the  non-custodial  parent  shall  include  any
 9    benefits available to that person under the  Illinois  Public
10    Aid   Code   or   from   other   federal,   State   or  local
11    government-funded programs.  The court shall,  in  any  event
12    and  regardless  of  the amount of the non-custodial parent's
13    net income, in its judgment order the non-custodial parent to
14    pay child support to the custodial parent in a minimum amount
15    of not less than $10 per month. In an action brought within 2
16    years after a child's birth, the judgment or order may direct
17    either parent to pay  the  reasonable  expenses  incurred  by
18    either  parent  related  to  the  mother's  pregnancy and the
19    delivery of the child. The judgment or  order  shall  contain
20    the  father's  social security number, which the father shall
21    disclose to  the  court;  however,  failure  to  include  the
22    father's social security number on the judgment or order does
23    not invalidate the judgment or order.
24        (2)  If  a  judgment  of  parentage  contains no explicit
25    award of custody, the establishment of a  support  obligation
26    or  of  visitation rights in one parent shall be considered a
27    judgment granting custody  to  the  other  parent.    If  the
28    parentage judgment contains no such provisions, custody shall
29    be  presumed  to be with the mother; however, the presumption
30    shall not apply if the father has had physical custody for at
31    least 6 months prior to the date that  the  mother  seeks  to
32    enforce custodial rights.
33        (b)  The  court  shall  order all child support payments,
34    determined in accordance with such  guidelines,  to  commence
 
                            -527-    LRB093 05878 EFG 05971 b
 1    with  the  date  summons  is  served.   The  level of current
 2    periodic support payments shall not  be  reduced  because  of
 3    payments set for the period prior to the date of entry of the
 4    support  order.   The  Court  may  order  any  child  support
 5    payments to be made for a period prior to the commencement of
 6    the  action.  In  determining whether and the extent to which
 7    the payments shall be made for any prior  period,  the  court
 8    shall  consider all relevant facts, including the factors for
 9    determining the amount of support specified in  the  Illinois
10    Marriage  and Dissolution of Marriage Act and other equitable
11    factors including but not limited to:
12             (1)  The father's prior knowledge of  the  fact  and
13        circumstances of the child's birth.
14             (2)  The  father's  prior  willingness or refusal to
15        help raise or support the child.
16             (3)  The extent to which the mother  or  the  public
17        agency bringing the action previously informed the father
18        of  the child's needs or attempted to seek or require his
19        help in raising or supporting the child.
20             (4)  The reasons the mother or the public agency did
21        not file the action earlier.
22             (5)  The  extent  to  which  the  father  would   be
23        prejudiced by the delay in bringing the action.
24        For  purposes  of determining the amount of child support
25    to be paid for any period  before  the  date  the  order  for
26    current  child  support  is  entered,  there  is a rebuttable
27    presumption that the father's net income for the prior period
28    was the same as his net income at  the  time  the  order  for
29    current child support is entered.
30        If  (i) the non-custodial parent was properly served with
31    a request for discovery of financial information relating  to
32    the  non-custodial parent's ability to provide child support,
33    (ii) the non-custodial  parent  failed  to  comply  with  the
34    request,  despite  having been ordered to do so by the court,
 
                            -528-    LRB093 05878 EFG 05971 b
 1    and (iii) the non-custodial parent  is  not  present  at  the
 2    hearing  to  determine support despite having received proper
 3    notice, then any relevant  financial  information  concerning
 4    the  non-custodial  parent's ability to provide child support
 5    that was obtained pursuant  to  subpoena  and  proper  notice
 6    shall be admitted into evidence without the need to establish
 7    any further foundation for its admission.
 8        (c)  Any  new  or  existing  support order entered by the
 9    court under this Section shall be deemed to be  a  series  of
10    judgments   against  the  person  obligated  to  pay  support
11    thereunder, each judgment to be in the amount of each payment
12    or installment of support and each such judgment to be deemed
13    entered  as  of  the  date  the  corresponding   payment   or
14    installment becomes due under the terms of the support order.
15    Each   judgment   shall  have  the  full  force,  effect  and
16    attributes of any other judgment of this State, including the
17    ability to be enforced. A lien arises  by  operation  of  law
18    against  the  real  and personal property of the noncustodial
19    parent for each installment of overdue support  owed  by  the
20    noncustodial parent.
21        (d)  If the judgment or order of the court is at variance
22    with  the  child's  birth  certificate, the court shall order
23    that a new  birth  certificate  be  issued  under  the  Vital
24    Records Act.
25        (e)  On  request  of the mother and the father, the court
26    shall order a change  in  the  child's  name.  After  hearing
27    evidence  the  court  may  stay payment of support during the
28    period of the father's minority or period of disability.
29        (f)  If, upon a showing of  proper  service,  the  father
30    fails  to appear in court, or otherwise appear as provided by
31    law, the court may proceed to hear the cause  upon  testimony
32    of  the mother or other parties taken in open court and shall
33    enter a judgment by default.  The court may reserve any order
34    as to the amount  of  child  support  until  the  father  has
 
                            -529-    LRB093 05878 EFG 05971 b
 1    received notice, by regular mail, of a hearing on the matter.
 2        (g)  A  one-time  charge  of  20%  is  imposable upon the
 3    amount of past-due child support owed on July 1,  1988  which
 4    has  accrued under a support order entered by the court.  The
 5    charge shall be imposed in accordance with the provisions  of
 6    Section  10-21  of  the Illinois Public Aid Code and shall be
 7    enforced by the court upon petition.
 8        (h)  All orders for support, when  entered  or  modified,
 9    shall  include a provision requiring the non-custodial parent
10    to notify the court and, in cases in which party is receiving
11    child support enforcement services under  Article  X  of  the
12    Illinois  Public  Aid Code, the Illinois Department of Public
13    Aid, within 7 days, (i) of the name and address  of  any  new
14    employer  of  the  non-custodial  parent,  (ii)  whether  the
15    non-custodial  parent has access to health insurance coverage
16    through the employer or other group coverage and, if so,  the
17    policy name and number and the names of persons covered under
18    the  policy,  and  (iii)  of  any  new residential or mailing
19    address or telephone number of the non-custodial parent.   In
20    any  subsequent  action  to  enforce  a support order, upon a
21    sufficient showing that a diligent effort has  been  made  to
22    ascertain  the  location of the non-custodial parent, service
23    of process or provision of notice necessary in the  case  may
24    be made at the last known address of the non-custodial parent
25    in  any  manner  expressly  provided  by  the  Code  of Civil
26    Procedure or this Act, which service shall be sufficient  for
27    purposes of due process.
28        (i)  An  order  for support shall include a date on which
29    the current support obligation terminates.   The  termination
30    date  shall  be  no  earlier than the date on which the child
31    covered by the order will attain the age of  majority  or  is
32    otherwise  emancipated.   The  order  for support shall state
33    that the termination date does not  apply  to  any  arrearage
34    that  may  remain  unpaid  on  that  date.   Nothing  in this
 
                            -530-    LRB093 05878 EFG 05971 b
 1    subsection shall be  construed  to  prevent  the  court  from
 2    modifying the order.
 3        (j)  An  order entered under this Section shall include a
 4    provision requiring the obligor to report to the obligee  and
 5    to  the  clerk  of court within 10 days each time the obligor
 6    obtains  new  employment,  and  each   time   the   obligor's
 7    employment  is terminated for any reason. The report shall be
 8    in writing and shall, in the case of new employment,  include
 9    the  name  and address of the new employer. Failure to report
10    new employment or the termination of current  employment,  if
11    coupled  with nonpayment of support for a period in excess of
12    60 days, is indirect  criminal  contempt.   For  any  obligor
13    arrested  for  failure to report new employment bond shall be
14    set in the amount of the child support that should have  been
15    paid  during  the  period of unreported employment.  An order
16    entered under this Section shall  also  include  a  provision
17    requiring  the  obligor  and  obligee  parents to advise each
18    other of a change in residence within 5 days  of  the  change
19    except  when  the  court  finds that the physical, mental, or
20    emotional health of a party or that  of  a  minor  child,  or
21    both,  would  be  seriously  endangered  by disclosure of the
22    party's address.
23    (Source: P.A. 91-767, eff. 6-9-00; 92-590, eff. 7-1-02.)

24        (Text of Section after amendment by P.A. 92-876)
25        Sec. 14.  Judgment.
26        (a) (1)  The judgment shall contain or explicitly reserve
27    provisions concerning any duty and amount  of  child  support
28    and   may  contain  provisions  concerning  the  custody  and
29    guardianship of the child,  visitation  privileges  with  the
30    child,  the  furnishing  of  bond  or  other security for the
31    payment of the judgment, which the court shall  determine  in
32    accordance  with  the  relevant  factors  set  forth  in  the
33    Illinois  Marriage  and  Dissolution  of Marriage Act and any
34    other applicable law of Illinois, to guide  the  court  in  a
 
                            -531-    LRB093 05878 EFG 05971 b
 1    finding  in  the  best interests of the child. In determining
 2    custody, joint custody, or visitation, the court shall  apply
 3    the   relevant   standards   of  the  Illinois  Marriage  and
 4    Dissolution of Marriage Act. Specifically, in determining the
 5    amount of any child support award, the court  shall  use  the
 6    guidelines  and  standards  set  forth  in  subsection (a) of
 7    Section 505 and in Section 505.2 of the Illinois Marriage and
 8    Dissolution of Marriage Act.  For purposes of Section 505  of
 9    the  Illinois  Marriage and Dissolution of Marriage Act, "net
10    income"  of  the  non-custodial  parent  shall  include   any
11    benefits  available  to that person under the Illinois Public
12    Aid  Code   or   from   other   federal,   State   or   local
13    government-funded  programs.   The  court shall, in any event
14    and regardless of the amount of  the  non-custodial  parent's
15    net income, in its judgment order the non-custodial parent to
16    pay child support to the custodial parent in a minimum amount
17    of not less than $10 per month. In an action brought within 2
18    years after a child's birth, the judgment or order may direct
19    either  parent  to  pay  the  reasonable expenses incurred by
20    either parent related  to  the  mother's  pregnancy  and  the
21    delivery  of  the  child. The judgment or order shall contain
22    the father's social security number, which the  father  shall
23    disclose  to  the  court;  however,  failure  to  include the
24    father's social security number on the judgment or order does
25    not invalidate the judgment or order.
26        (2)  If a judgment  of  parentage  contains  no  explicit
27    award  of  custody, the establishment of a support obligation
28    or of visitation rights in one parent shall be  considered  a
29    judgment  granting  custody  to  the  other  parent.   If the
30    parentage judgment contains no such provisions, custody shall
31    be presumed to be with the mother; however,  the  presumption
32    shall not apply if the father has had physical custody for at
33    least  6  months  prior  to the date that the mother seeks to
34    enforce custodial rights.
 
                            -532-    LRB093 05878 EFG 05971 b
 1        (b)  The court shall order all  child  support  payments,
 2    determined  in  accordance  with such guidelines, to commence
 3    with the date  summons  is  served.   The  level  of  current
 4    periodic  support  payments  shall  not be reduced because of
 5    payments set for the period prior to the date of entry of the
 6    support  order.   The  Court  may  order  any  child  support
 7    payments to be made for a period prior to the commencement of
 8    the action. In determining whether and the  extent  to  which
 9    the  payments  shall  be made for any prior period, the court
10    shall consider all relevant facts, including the factors  for
11    determining  the  amount of support specified in the Illinois
12    Marriage and Dissolution of Marriage Act and other  equitable
13    factors including but not limited to:
14             (1)  The  father's  prior  knowledge of the fact and
15        circumstances of the child's birth.
16             (2)  The father's prior willingness  or  refusal  to
17        help raise or support the child.
18             (3)  The  extent  to  which the mother or the public
19        agency bringing the action previously informed the father
20        of the child's needs or attempted to seek or require  his
21        help in raising or supporting the child.
22             (4)  The reasons the mother or the public agency did
23        not file the action earlier.
24             (5)  The   extent  to  which  the  father  would  be
25        prejudiced by the delay in bringing the action.
26        For purposes of determining the amount of  child  support
27    to  be  paid  for  any  period  before the date the order for
28    current child support  is  entered,  there  is  a  rebuttable
29    presumption that the father's net income for the prior period
30    was  the  same  as  his  net income at the time the order for
31    current child support is entered.
32        If (i) the non-custodial parent was properly served  with
33    a  request for discovery of financial information relating to
34    the non-custodial parent's ability to provide child  support,
 
                            -533-    LRB093 05878 EFG 05971 b
 1    (ii)  the  non-custodial  parent  failed  to  comply with the
 2    request, despite having been ordered to do so by  the  court,
 3    and  (iii)  the  non-custodial  parent  is not present at the
 4    hearing to determine support despite having  received  proper
 5    notice,  then  any  relevant financial information concerning
 6    the non-custodial parent's ability to provide  child  support
 7    that  was  obtained  pursuant  to  subpoena and proper notice
 8    shall be admitted into evidence without the need to establish
 9    any further foundation for its admission.
10        (c)  Any new or existing support  order  entered  by  the
11    court  under  this  Section shall be deemed to be a series of
12    judgments  against  the  person  obligated  to  pay   support
13    thereunder, each judgment to be in the amount of each payment
14    or installment of support and each such judgment to be deemed
15    entered   as   of  the  date  the  corresponding  payment  or
16    installment becomes due under the terms of the support order.
17    Each  judgment  shall  have  the  full  force,   effect   and
18    attributes of any other judgment of this State, including the
19    ability  to  be  enforced.  A lien arises by operation of law
20    against the real and personal property  of  the  noncustodial
21    parent  for  each  installment of overdue support owed by the
22    noncustodial parent.
23        (d)  If the judgment or order of the court is at variance
24    with the child's birth certificate,  the  court  shall  order
25    that  a  new  birth  certificate  be  issued  under the Vital
26    Records Act.
27        (e)  On request of the mother and the father,  the  court
28    shall  order  a  change  in  the  child's name. After hearing
29    evidence the court may stay payment  of  support  during  the
30    period of the father's minority or period of disability.
31        (f)  If,  upon  a  showing  of proper service, the father
32    fails to appear in court, or otherwise appear as provided  by
33    law,  the  court may proceed to hear the cause upon testimony
34    of the mother or other parties taken in open court and  shall
 
                            -534-    LRB093 05878 EFG 05971 b
 1    enter a judgment by default.  The court may reserve any order
 2    as  to  the  amount  of  child  support  until the father has
 3    received notice, by regular mail, of a hearing on the matter.
 4        (g)  A one-time charge  of  20%  is  imposable  upon  the
 5    amount  of  past-due child support owed on July 1, 1988 which
 6    has accrued under a support order entered by the court.   The
 7    charge  shall be imposed in accordance with the provisions of
 8    Section 10-21 of the Illinois Public Aid Code  and  shall  be
 9    enforced by the court upon petition.
10        (h)  All  orders  for  support, when entered or modified,
11    shall include a provision requiring the non-custodial  parent
12    to notify the court and, in cases in which party is receiving
13    child  support  enforcement  services  under Article X of the
14    Illinois Public Aid Code, the Illinois Department  of  Public
15    Aid,  within  7  days, (i) of the name and address of any new
16    employer  of  the  non-custodial  parent,  (ii)  whether  the
17    non-custodial parent has access to health insurance  coverage
18    through  the employer or other group coverage and, if so, the
19    policy name and number and the names of persons covered under
20    the policy, and (iii)  of  any  new  residential  or  mailing
21    address  or telephone number of the non-custodial parent.  In
22    any subsequent action to enforce  a  support  order,  upon  a
23    sufficient  showing  that  a diligent effort has been made to
24    ascertain the location of the non-custodial  parent,  service
25    of  process  or provision of notice necessary in the case may
26    be made at the last known address of the non-custodial parent
27    in any  manner  expressly  provided  by  the  Code  of  Civil
28    Procedure  or this Act, which service shall be sufficient for
29    purposes of due process.
30        (i)  An order for support shall include a date  on  which
31    the  current  support obligation terminates.  The termination
32    date shall be no earlier than the date  on  which  the  child
33    covered  by the order will attain the age of 18.  However, if
34    the child will not graduate  from  high  school  until  after
 
                            -535-    LRB093 05878 EFG 05971 b
 1    attaining  the  age of 18, then the termination date shall be
 2    no earlier than the earlier of the date on which the  child's
 3    high  school  graduation  will occur or the date on which the
 4    child will attain the age of 19.  The order for support shall
 5    state that  the  termination  date  does  not  apply  to  any
 6    arrearage  that  may  remain unpaid on that date.  Nothing in
 7    this subsection shall be construed to prevent the court  from
 8    modifying the order or terminating the order in the event the
 9    child is otherwise emancipated.
10        (j)  An  order entered under this Section shall include a
11    provision requiring the obligor to report to the obligee  and
12    to  the  clerk  of court within 10 days each time the obligor
13    obtains  new  employment,  and  each   time   the   obligor's
14    employment  is terminated for any reason. The report shall be
15    in writing and shall, in the case of new employment,  include
16    the  name  and address of the new employer. Failure to report
17    new employment or the termination of current  employment,  if
18    coupled  with nonpayment of support for a period in excess of
19    60 days, is indirect  criminal  contempt.   For  any  obligor
20    arrested  for  failure to report new employment bond shall be
21    set in the amount of the child support that should have  been
22    paid  during  the  period of unreported employment.  An order
23    entered under this Section shall  also  include  a  provision
24    requiring  the  obligor  and  obligee  parents to advise each
25    other of a change in residence within 5 days  of  the  change
26    except  when  the  court  finds that the physical, mental, or
27    emotional health of a party or that  of  a  minor  child,  or
28    both,  would  be  seriously  endangered  by disclosure of the
29    party's address.
30    (Source: P.A.  91-767,  eff.  6-9-00;  92-590,  eff.  7-1-02;
31    92-876, eff. 6-1-03; revised 1-14-03.)

32        Section  57.   The  Adoption  Act  is amended by changing
33    Section 1 as follows:
 
                            -536-    LRB093 05878 EFG 05971 b
 1        (750 ILCS 50/1) (from Ch. 40, par. 1501)
 2        Sec. 1.  Definitions.  When used in this Act, unless  the
 3    context otherwise requires:
 4        A.  "Child"  means  a  person  under legal age subject to
 5    adoption under this Act.
 6        B.  "Related child" means a  child  subject  to  adoption
 7    where either or both of the adopting parents stands in any of
 8    the   following  relationships  to  the  child  by  blood  or
 9    marriage: parent, grand-parent, brother, sister, step-parent,
10    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
11    great-uncle, great-aunt, or cousin of first degree.  A  child
12    whose  parent  has  executed  a  final irrevocable consent to
13    adoption or a final irrevocable  surrender  for  purposes  of
14    adoption,  or whose parent has had his or her parental rights
15    terminated, is not a related child to that person, unless the
16    consent is determined to be  void  or  is  void  pursuant  to
17    subsection O of Section 10.
18        C.  "Agency"  for  the purpose of this Act means a public
19    child welfare agency or a licensed child welfare agency.
20        D.  "Unfit person" means any person whom the court  shall
21    find  to  be  unfit  to  have  a child, without regard to the
22    likelihood that the child will be placed for  adoption.   The
23    grounds  of  unfitness  are any one or more of the following,
24    except that a person shall not be considered an unfit  person
25    for  the sole reason that the person has relinquished a child
26    in accordance with the Abandoned  Newborn  Infant  Protection
27    Act:
28             (a)  Abandonment of the child.
29             (a-1)  Abandonment   of   a   newborn  infant  in  a
30        hospital.
31             (a-2)  Abandonment  of  a  newborn  infant  in   any
32        setting  where  the  evidence  suggests  that  the parent
33        intended to relinquish his or her parental rights.
34             (b)  Failure to  maintain  a  reasonable  degree  of
 
                            -537-    LRB093 05878 EFG 05971 b
 1        interest,  concern  or  responsibility  as to the child's
 2        welfare.
 3             (c)  Desertion of the child for more than  3  months
 4        next   preceding   the   commencement   of  the  Adoption
 5        proceeding.
 6             (d)  Substantial neglect of the child if  continuous
 7        or repeated.
 8             (d-1)  Substantial   neglect,   if   continuous   or
 9        repeated,  of  any  child residing in the household which
10        resulted in the death of that child.
11             (e)  Extreme or repeated cruelty to the child.
12             (f)  Two or more findings of physical abuse  to  any
13        children  under  Section 4-8 of the Juvenile Court Act or
14        Section 2-21 of the Juvenile Court Act of 1987, the  most
15        recent  of  which  was  determined  by the juvenile court
16        hearing  the  matter  to  be  supported  by   clear   and
17        convincing  evidence;  a criminal conviction or a finding
18        of not guilty by reason of insanity  resulting  from  the
19        death  of any child by physical child abuse; or a finding
20        of physical child abuse resulting from the death  of  any
21        child  under  Section  4-8  of  the Juvenile Court Act or
22        Section 2-21 of the Juvenile Court Act of 1987.
23             (g)  Failure to protect the  child  from  conditions
24        within his environment injurious to the child's welfare.
25             (h)  Other  neglect  of,  or  misconduct  toward the
26        child; provided that in making a finding of unfitness the
27        court hearing the adoption proceeding shall not be  bound
28        by  any  previous finding, order or judgment affecting or
29        determining the rights of the parents  toward  the  child
30        sought  to be adopted in any other proceeding except such
31        proceedings terminating parental rights as shall  be  had
32        under  either  this  Act,  the  Juvenile Court Act or the
33        Juvenile Court Act of 1987.
34             (i)  Depravity.   Conviction  of  any  one  of   the
 
                            -538-    LRB093 05878 EFG 05971 b
 1        following crimes shall create a presumption that a parent
 2        is  depraved  which  can  be  overcome  only by clear and
 3        convincing evidence: (1) first degree murder in violation
 4        of paragraph 1 or 2 of subsection (a) of Section  9-1  of
 5        the  Criminal Code of 1961 or conviction of second degree
 6        murder in violation of subsection (a) of Section  9-2  of
 7        the  Criminal Code of 1961 of a parent of the child to be
 8        adopted; (2) first degree murder or second degree  murder
 9        of  any  child in violation of the Criminal Code of 1961;
10        (3) attempt or conspiracy to commit first  degree  murder
11        or  second degree murder of any child in violation of the
12        Criminal Code of 1961; (4) solicitation to commit  murder
13        of  any child, solicitation to commit murder of any child
14        for hire, or solicitation to commit second degree  murder
15        of  any  child in violation of the Criminal Code of 1961;
16        or (5) aggravated criminal sexual assault in violation of
17        Section 12-14(b)(1) of the Criminal Code of 1961.
18             There is a rebuttable presumption that a  parent  is
19        depraved  if  the parent has been criminally convicted of
20        at least 3 felonies under the laws of this State  or  any
21        other  state,  or under federal law, or the criminal laws
22        of any United States territory; and at least one of these
23        convictions took place within 5 years of  the  filing  of
24        the  petition  or  motion seeking termination of parental
25        rights.
26             There is a rebuttable presumption that a  parent  is
27        depraved  if that parent has been criminally convicted of
28        either first or second degree murder  of  any  person  as
29        defined  in  the Criminal Code of 1961 within 10 years of
30        the filing date of the petition or  motion  to  terminate
31        parental rights.
32             (j)  Open and notorious adultery or fornication.
33             (j-1)  (Blank).
34             (k)  Habitual  drunkenness  or  addiction  to drugs,
 
                            -539-    LRB093 05878 EFG 05971 b
 1        other than those prescribed by a physician, for at  least
 2        one  year  immediately  prior  to the commencement of the
 3        unfitness proceeding.
 4             There is a rebuttable presumption that a  parent  is
 5        unfit  under this subsection with respect to any child to
 6        which that parent gives birth where there is a  confirmed
 7        test  result  that  at birth the child's blood, urine, or
 8        meconium contained any amount of a  controlled  substance
 9        as  defined  in  subsection  (f)  of  Section  102 of the
10        Illinois Controlled Substances Act or metabolites of such
11        substances, the presence of which in the  newborn  infant
12        was  not  the result of medical treatment administered to
13        the mother or the  newborn  infant;  and  the  biological
14        mother of this child is the biological mother of at least
15        one  other  child  who  was adjudicated a neglected minor
16        under subsection (c) of Section 2-3 of the Juvenile Court
17        Act of 1987.
18             (l)  Failure to demonstrate a reasonable  degree  of
19        interest,  concern or responsibility as to the welfare of
20        a new born child during  the  first  30  days  after  its
21        birth.
22             (m)  Failure  by  a  parent  (i)  to make reasonable
23        efforts to correct the conditions that were the basis for
24        the removal of the child from the parent, or (ii) to make
25        reasonable progress toward the return of the child to the
26        parent within 9 months after an adjudication of neglected
27        or abused minor under Section 2-3 of the  Juvenile  Court
28        Act  of 1987 or dependent minor under Section 2-4 of that
29        Act, or (iii) to  make  reasonable  progress  toward  the
30        return  of  the  child  to  the parent during any 9-month
31        period after  the  end  of  the  initial  9-month  period
32        following  the  adjudication of neglected or abused minor
33        under Section 2-3 of the Juvenile Court Act  of  1987  or
34        dependent  minor  under  Section  2-4  of  that Act. If a
 
                            -540-    LRB093 05878 EFG 05971 b
 1        service plan  has  been  established  as  required  under
 2        Section  8.2  of the Abused and Neglected Child Reporting
 3        Act to correct the conditions that were the basis for the
 4        removal of  the  child  from  the  parent  and  if  those
 5        services  were available, then, for purposes of this Act,
 6        "failure to make reasonable progress toward the return of
 7        the child  to  the  parent"  includes  (I)  the  parent's
 8        failure  to  substantially fulfill his or her obligations
 9        under the service plan and correct  the  conditions  that
10        brought  the  child  into  care within 9 months after the
11        adjudication under Section 2-3 or  2-4  of  the  Juvenile
12        Court  Act  of  1987  and  (II)  the  parent's failure to
13        substantially fulfill his or her  obligations  under  the
14        service  plan and correct the conditions that brought the
15        child into care during any 9-month period after  the  end
16        of  the initial 9-month period following the adjudication
17        under Section 2-3 or 2-4 of the  Juvenile  Court  Act  of
18        1987.
19             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
20        child has been in foster care for 15 months out of any 22
21        month  period which begins on or after the effective date
22        of this amendatory Act of 1998 unless the child's  parent
23        can  prove  by a preponderance of the evidence that it is
24        more likely  than  not  that  it  will  be  in  the  best
25        interests  of  the  child  to  be  returned to the parent
26        within 6 months of the  date  on  which  a  petition  for
27        termination   of  parental  rights  is  filed  under  the
28        Juvenile Court Act of 1987.  The 15 month time  limit  is
29        tolled  during  any  period  for  which  there is a court
30        finding that the appointed custodian or  guardian  failed
31        to  make reasonable efforts to reunify the child with his
32        or her family,  provided  that  (i)  the  finding  of  no
33        reasonable  efforts  is made within 60 days of the period
34        when reasonable efforts were not made or (ii) the  parent
 
                            -541-    LRB093 05878 EFG 05971 b
 1        filed  a  motion  requesting  a  finding of no reasonable
 2        efforts within 60 days  of  the  period  when  reasonable
 3        efforts  were not made.  For purposes of this subdivision
 4        (m-1), the date of entering foster care  is  the  earlier
 5        of: (i) the date of a judicial finding at an adjudicatory
 6        hearing  that  the  child  is  an  abused,  neglected, or
 7        dependent minor; or (ii) 60 days after the date on  which
 8        the child is removed from his or her parent, guardian, or
 9        legal custodian.
10             (n)  Evidence of intent to forgo his or her parental
11        rights,  whether or not the child is a ward of the court,
12        (1) as manifested by his or her failure for a  period  of
13        12  months:  (i)  to visit the child, (ii) to communicate
14        with the child or agency, although able to do so and  not
15        prevented  from  doing so by an agency or by court order,
16        or (iii) to maintain contact with or plan for the  future
17        of  the  child, although physically able to do so, or (2)
18        as manifested by the father's failure, where he  and  the
19        mother  of  the child were unmarried to each other at the
20        time  of  the  child's  birth,  (i)  to  commence   legal
21        proceedings to establish his paternity under the Illinois
22        Parentage  Act  of 1984 or the law of the jurisdiction of
23        the child's birth  within  30  days  of  being  informed,
24        pursuant  to  Section  12a  of  this  Act, that he is the
25        father or the likely father of the child or, after  being
26        so  informed  where  the child is not yet born, within 30
27        days of the child's birth, or (ii) to make a  good  faith
28        effort to pay a reasonable amount of the expenses related
29        to  the  birth  of  the child and to provide a reasonable
30        amount for the financial support of the child, the  court
31        to   consider   in   its   determination   all   relevant
32        circumstances,  including the financial condition of both
33        parents;  provided  that  the  ground   for   termination
34        provided  in  this  subparagraph (n)(2)(ii) shall only be
 
                            -542-    LRB093 05878 EFG 05971 b
 1        available where the petition is brought by the mother  or
 2        the husband of the mother.
 3             Contact or communication by a parent with his or her
 4        child  that  does  not  demonstrate affection and concern
 5        does not constitute reasonable contact and planning under
 6        subdivision (n).  In  the  absence  of  evidence  to  the
 7        contrary,  the  ability  to  visit, communicate, maintain
 8        contact, pay expenses and plan for the  future  shall  be
 9        presumed.   The  subjective intent of the parent, whether
10        expressed or otherwise, unsupported by  evidence  of  the
11        foregoing  parental  acts  manifesting that intent, shall
12        not preclude a determination that the parent has intended
13        to forgo his or her  parental  rights.   In  making  this
14        determination,  the  court  may  consider  but  shall not
15        require a showing of diligent efforts  by  an  authorized
16        agency  to  encourage  the  parent  to  perform  the acts
17        specified in subdivision (n).
18             It shall be an affirmative defense to any allegation
19        under paragraph (2) of this subsection that the  father's
20        failure was due to circumstances beyond his control or to
21        impediments  created  by  the  mother or any other person
22        having legal custody.  Proof of that fact need only be by
23        a preponderance of the evidence.
24             (o)  Repeated or continuous failure by the  parents,
25        although  physically and financially able, to provide the
26        child with adequate food, clothing, or shelter.
27             (p)  Inability      to      discharge       parental
28        responsibilities  supported  by competent evidence from a
29        psychiatrist,  licensed  clinical   social   worker,   or
30        clinical   psychologist   of  mental  impairment,  mental
31        illness or mental retardation as defined in Section 1-116
32        of the Mental Health and Developmental Disabilities Code,
33        or developmental disability as defined in  Section  1-106
34        of  that  Code,  and there is sufficient justification to
 
                            -543-    LRB093 05878 EFG 05971 b
 1        believe  that  the  inability   to   discharge   parental
 2        responsibilities  shall  extend  beyond a reasonable time
 3        period.  However,  this  subdivision  (p)  shall  not  be
 4        construed  so  as  to  permit  a licensed clinical social
 5        worker to conduct  any  medical  diagnosis  to  determine
 6        mental illness or mental impairment.
 7             (q)  The  parent  has  been  criminally convicted of
 8        aggravated battery, heinous battery, or attempted  murder
 9        of any child.
10             (r)  The  child  is  in  the  temporary  custody  or
11        guardianship  of  the  Department  of Children and Family
12        Services, the parent  is  incarcerated  as  a  result  of
13        criminal  conviction  at  the time the petition or motion
14        for termination of parental rights  is  filed,  prior  to
15        incarceration  the  parent  had little or no contact with
16        the child or provided little or no support for the child,
17        and the parent's incarceration will  prevent  the  parent
18        from discharging his or her parental responsibilities for
19        the  child  for  a  period in excess of 2 years after the
20        filing of the  petition  or  motion  for  termination  of
21        parental rights.
22             (s)  The  child  is  in  the  temporary  custody  or
23        guardianship  of  the  Department  of Children and Family
24        Services, the parent is  incarcerated  at  the  time  the
25        petition  or motion for termination of parental rights is
26        filed, the parent has been repeatedly incarcerated  as  a
27        result of criminal convictions, and the parent's repeated
28        incarceration  has  prevented the parent from discharging
29        his or her parental responsibilities for the child.
30             (t)  A finding that  at  birth  the  child's  blood,
31        urine,  or  meconium contained any amount of a controlled
32        substance as defined in subsection (f) of Section 102  of
33        the  Illinois  Controlled Substances Act, or a metabolite
34        of  a  controlled  substance,  with  the   exception   of
 
                            -544-    LRB093 05878 EFG 05971 b
 1        controlled  substances or metabolites of such substances,
 2        the presence of which  in  the  newborn  infant  was  the
 3        result of medical treatment administered to the mother or
 4        the  newborn  infant,  and  that the biological mother of
 5        this child is the biological mother of at least one other
 6        child  who  was  adjudicated  a  neglected  minor   under
 7        subsection  (c)  of Section 2-3 of the Juvenile Court Act
 8        of 1987,  after  which  the  biological  mother  had  the
 9        opportunity  to enroll in and participate in a clinically
10        appropriate substance abuse  counseling,  treatment,  and
11        rehabilitation program.
12        E.  "Parent"  means  the father or mother of a legitimate
13    or illegitimate child.  For the purpose of this Act, a person
14    who has executed a final and irrevocable consent to  adoption
15    or   a  final  and  irrevocable  surrender  for  purposes  of
16    adoption, or whose parental rights have been terminated by  a
17    court,  is  not  a parent of the child who was the subject of
18    the consent or surrender, unless the consent is void pursuant
19    to subsection O of Section 10.
20        F.  A person is available for adoption  when  the  person
21    is:
22             (a)  a  child  who has been surrendered for adoption
23        to an  agency  and  to  whose  adoption  the  agency  has
24        thereafter consented;
25             (b)  a  child  to whose adoption a person authorized
26        by law, other than his  parents,  has  consented,  or  to
27        whose adoption no consent is required pursuant to Section
28        8 of this Act;
29             (c)  a  child  who  is in the custody of persons who
30        intend  to  adopt  him  through  placement  made  by  his
31        parents;
32             (c-1)  a child  for  whom  a  parent  has  signed  a
33        specific consent pursuant to subsection O of Section 10;
34             (d)  an  adult who meets the conditions set forth in
 
                            -545-    LRB093 05878 EFG 05971 b
 1        Section 3 of this Act; or
 2             (e)  a child who has been relinquished as defined in
 3        Section 10 of the  Abandoned  Newborn  Infant  Protection
 4        Act.
 5        A  person  who  would otherwise be available for adoption
 6    shall not be deemed unavailable for adoption solely by reason
 7    of his or her death.
 8        G.  The singular  includes  the  plural  and  the  plural
 9    includes  the  singular and the "male" includes the "female",
10    as the context of this Act may require.
11        H.  "Adoption  disruption"  occurs   when   an   adoptive
12    placement  does not prove successful and it becomes necessary
13    for the  child  to  be  removed  from  placement  before  the
14    adoption is finalized.
15        I.  "Foreign  placing  agency" is an agency or individual
16    operating in a country or territory outside the United States
17    that is authorized by  its  country  to  place  children  for
18    adoption  either  directly with families in the United States
19    or through United States based international agencies.
20        J.  "Immediate relatives" means the  biological  parents,
21    the  parents  of  the  biological parents and siblings of the
22    biological parents.
23        K.  "Intercountry adoption" is a process by which a child
24    from a country other than the United States is adopted.
25        L.  "Intercountry Adoption Coordinator" is a staff person
26    of the Department of Children and Family  Services  appointed
27    by  the  Director  to coordinate the provision of services by
28    the public and  private  sector  to  prospective  parents  of
29    foreign-born children.
30        M.  "Interstate  Compact on the Placement of Children" is
31    a law enacted by most states for the purpose of  establishing
32    uniform  procedures  for handling the interstate placement of
33    children in foster homes, adoptive homes, or other child care
34    facilities.
 
                            -546-    LRB093 05878 EFG 05971 b
 1        N.  "Non-Compact  state"  means  a  state  that  has  not
 2    enacted the Interstate Compact on the Placement of Children.
 3        O.  "Preadoption   requirements"   are   any   conditions
 4    established  by  the  laws  or  regulations  of  the  Federal
 5    Government or of each state that must be  met  prior  to  the
 6    placement of a child in an adoptive home.
 7        P.  "Abused   child"   means  a  child  whose  parent  or
 8    immediate family member, or any person  responsible  for  the
 9    child's welfare,  or any individual residing in the same home
10    as the child, or a paramour of the child's parent:
11             (a)  inflicts,  causes to be inflicted, or allows to
12        be inflicted upon the child  physical  injury,  by  other
13        than  accidental means, that causes death, disfigurement,
14        impairment of physical or emotional health,  or  loss  or
15        impairment of any bodily function;
16             (b)  creates  a  substantial risk of physical injury
17        to the child by other than accidental means  which  would
18        be  likely  to  cause death, disfigurement, impairment of
19        physical or emotional health, or loss  or  impairment  of
20        any bodily function;
21             (c)  commits  or  allows  to  be  committed  any sex
22        offense against the child, as sex offenses are defined in
23        the Criminal Code of 1961 and extending those definitions
24        of sex offenses to include children  under  18  years  of
25        age;
26             (d)  commits  or  allows  to  be committed an act or
27        acts of torture upon the child; or
28             (e)  inflicts excessive corporal punishment.
29        Q.  "Neglected child" means any  child  whose  parent  or
30    other person responsible for the child's welfare withholds or
31    denies nourishment or medically indicated treatment including
32    food  or  care  denied  solely on the basis of the present or
33    anticipated mental or physical impairment as determined by  a
34    physician   acting   alone  or  in  consultation  with  other
 
                            -547-    LRB093 05878 EFG 05971 b
 1    physicians or  otherwise  does  not  provide  the  proper  or
 2    necessary  support,  education as required by law, or medical
 3    or  other  remedial  care  recognized  under  State  law   as
 4    necessary  for  a child's well-being, or other care necessary
 5    for his or her well-being, including adequate food,  clothing
 6    and  shelter;  or  who  is abandoned by his or her parents or
 7    other person responsible for the child's welfare.
 8        A child shall not be considered neglected or  abused  for
 9    the  sole  reason  that  the  child's  parent or other person
10    responsible for his or her  welfare  depends  upon  spiritual
11    means  through  prayer  alone  for  the  treatment or cure of
12    disease or remedial care as provided under Section 4  of  the
13    Abused  and Neglected Child Reporting Act.  A child shall not
14    be considered neglected or abused for the  sole  reason  that
15    the  child's  parent  or  other  person  responsible  for the
16    child's welfare failed to vaccinate, delayed vaccination,  or
17    refused  vaccination  for  the  child  due  to  a  waiver  on
18    religious or medical grounds as permitted by law.
19        R.  "Putative  father"  means  a man who may be a child's
20    father, but who (1) is not married to the child's  mother  on
21    or  before  the  date that the child was or is to be born and
22    (2) has not established paternity of the  child  in  a  court
23    proceeding  before  the filing of a petition for the adoption
24    of the child.  The term includes a male who is less  than  18
25    years  of  age.  "Putative father" does not mean a man who is
26    the child's father as a result of criminal  sexual  abuse  or
27    assault  as  defined under Article 12 of the Criminal Code of
28    1961. A child shall not be considered neglected or abused for
29    the sole reason that  the  child's  parent  or  other  person
30    responsible  for  the  child's  welfare  failed to vaccinate,
31    delayed vaccination, or refused vaccination for the child due
32    to a waiver on religious or medical grounds as  permitted  by
33    law.
34        S.  "Standby  adoption"  means  an  adoption  in  which a
 
                            -548-    LRB093 05878 EFG 05971 b
 1    terminally ill parent consents to custody and termination  of
 2    parental  rights to become effective upon the occurrence of a
 3    future event, which is either the death of the terminally ill
 4    parent or the request of the parent for the entry of a  final
 5    judgment of adoption.
 6        T.  "Terminally  ill  parent"  means  a  person who has a
 7    medical  prognosis  by  a  physician  licensed  to   practice
 8    medicine  in  all  of  its  branches  that  the person has an
 9    incurable and  irreversible  condition  which  will  lead  to
10    death.
11    (Source: P.A.  91-357,  eff.  7-29-99;  91-373,  eff. 1-1-00;
12    91-572,  eff.  1-1-00;  92-16,  eff.  6-28-01;  92-375,  eff.
13    1-1-02; 92-408, eff. 8-17-01; 92-432, eff.  8-17-01;  92-651,
14    7-11-02; revised 8-23-02.)

15        Section  58.   The Illinois Domestic Violence Act of 1986
16    is amended by changing Sections 219, 224, and 302 as follows:

17        (750 ILCS 60/219) (from Ch. 40, par. 2312-19)
18        Sec. 219.  Plenary order of protection.  A plenary  order
19    of  protection shall issue if petitioner has served notice of
20    the hearing for that order on respondent, in accordance  with
21    Section  211,  and satisfies the requirements of this Section
22    for one or more of the requested remedies.  For  each  remedy
23    requested, petitioner must establish that:
24        (1)  the court has jurisdiction under Section 208;
25        (2)  the requirements of Section 214 are satisfied; and
26        (3)  a  general  appearance  was  made or filed by or for
27    respondent or process was served on respondent in the  manner
28    required by Section 210; and
29        (4)  respondent has answered or is in default.
30    (Source: P.A. 84-1305; revised 2-25-02.)

31        (750 ILCS 60/224) (from Ch. 40, par. 2312-24)
 
                            -549-    LRB093 05878 EFG 05971 b
 1        Sec. 224.  Modification and re-opening of orders.
 2        (a)  Except  as  otherwise provided in this Section, upon
 3    motion by petitioner, the  court  may  modify  an  emergency,
 4    interim, or plenary order of protection:
 5             (1)  If  respondent  has abused petitioner since the
 6        hearing for that order, by adding or altering one or more
 7        remedies, as authorized by Section 214; and
 8             (2)  Otherwise, by adding any remedy  authorized  by
 9        Section 214 which was:
10                  (i)  reserved in that order of protection;
11                  (ii)  not requested for inclusion in that order
12             of protection; or
13                  (iii)  denied on procedural grounds, but not on
14             the merits.
15        (b)  Upon  motion  by petitioner or respondent, the court
16    may  modify  any  prior  order  of  protection's  remedy  for
17    custody, visitation or payment of support in accordance  with
18    the   relevant   provisions  of  the  Illinois  Marriage  and
19    Dissolution of Marriage Act.  Each order of protection  shall
20    be  entered  in  the  Law Enforcement Agencies Automated Data
21    System on the same day it is issued by the court.
22        (c)  After 30 days following entry of a plenary order  of
23    protection,  a  court may modify that order only when changes
24    in the applicable law or facts since that plenary  order  was
25    entered warrant a modification of its terms.
26        (d)  Upon  2  days'  notice  to petitioner, in accordance
27    with Section 211 of this Act, or such shorter notice  as  the
28    court  may prescribe, a respondent subject to an emergency or
29    interim order of protection issued under this Act may  appear
30    and  petition  the  court  to re-hear the original or amended
31    petition.  Any petition to  re-hear  shall  be  verified  and
32    shall allege the following:
33             (1)  that respondent did not receive prior notice of
34        the  initial  hearing in which the emergency, interim, or
 
                            -550-    LRB093 05878 EFG 05971 b
 1        plenary order was entered under Sections 211 and 217; and
 2             (2)  that respondent had a  meritorious  defense  to
 3        the order or any of its remedies or that the order or any
 4        of its remedies was not authorized by this Act.
 5        (e)  In  the  event  that  the emergency or interim order
 6    granted petitioner exclusive possession and the  petition  of
 7    respondent  seeks  to re-open or vacate that grant, the court
 8    shall set a date for hearing within 14  days  on  all  issues
 9    relating  to  exclusive  possession.   Under no circumstances
10    shall  a  court  continue  a  hearing  concerning   exclusive
11    possession  beyond  the  14th day, except by agreement of the
12    parties.   Other  issues  raised  by  the  pleadings  may  be
13    consolidated for the hearing if neither party nor  the  court
14    objects.
15        (f)  This  Section  does  not  limit the means, otherwise
16    available  by  law,  for  vacating  or  modifying  orders  of
17    protection.
18    (Source: P.A. 87-1186; revised 2-17-03.)

19        (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
20        Sec. 302.  Data maintenance by law enforcement agencies.
21        (a)  All sheriffs shall  furnish  to  the  Department  of
22    State  Police,  on  the same day as received, in the form and
23    detail  the  Department  requires,  copies  of  any  recorded
24    emergency, interim, or plenary  orders of  protection  issued
25    by  the  court, and any foreign orders of protection filed by
26    the clerk of the court, and transmitted to the sheriff by the
27    clerk of the court pursuant to subsection (b) of Section  222
28    of  this  Act.   Each order of protection shall be entered in
29    the Law Enforcement Agencies Automated  Data  System  on  the
30    same day it is issued by the court.  If an emergency order of
31    protection  was  issued  in accordance with subsection (c) of
32    Section  217,  the  order  shall  be  entered  in   the   Law
33    Enforcement   Agencies  Automated  Data  System  as  soon  as
 
                            -551-    LRB093 05878 EFG 05971 b
 1    possible after receipt from the clerk.
 2        (b)  The Department of  State  Police  shall  maintain  a
 3    complete  and  systematic  record  and index of all valid and
 4    recorded orders of protection issued pursuant  to  this  Act.
 5    The  data  shall  be  used  to inform all dispatchers and law
 6    enforcement officers at the scene of an alleged  incident  of
 7    abuse,  neglect,  or exploitation or violation of an order of
 8    protection of any recorded prior incident of abuse,  neglect,
 9    or exploitation involving the abused, neglected, or exploited
10    party and the effective dates and terms of any recorded order
11    of protection.
12        (c)  The  data,  records  and transmittals required under
13    this Section shall pertain to any valid emergency, interim or
14    plenary order of protection, whether issued  in  a  civil  or
15    criminal  proceeding  or authorized under the laws of another
16    state, tribe, or United States territory.
17    (Source: P.A.  90-392,  eff.  1-1-98;  91-903,  eff.  1-1-01;
18    revised 2-17-03.)

19        Section 59.  The  Probate  Act  of  1975  is  amended  by
20    changing Section 11a-18 as follows:

21        (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
22        Sec. 11a-18.  Duties of the estate guardian.
23        (a)  To  the  extent  specified in the order establishing
24    the guardianship, the guardian of the estate shall  have  the
25    care,  management  and investment of the estate, shall manage
26    the estate frugally and shall apply the income and  principal
27    of  the  estate  so  far  as  necessary  for  the comfort and
28    suitable support and education of the  ward,  his  minor  and
29    adult  dependent  children,  and  persons related by blood or
30    marriage who are dependent upon or entitled to  support  from
31    him, or for any other purpose which the court deems to be for
32    the best interests of the ward, and the court may approve the
 
                            -552-    LRB093 05878 EFG 05971 b
 1    making  on behalf of the ward of such agreements as the court
 2    determines to be for the ward's best interests. The  guardian
 3    may make disbursement of his ward's funds and estate directly
 4    to  the ward or other distributee or in such other manner and
 5    in such amounts as the court directs.  If  the  estate  of  a
 6    ward  is  derived  in  whole  or  in  part  from  payments of
 7    compensation, adjusted compensation,  pension,  insurance  or
 8    other  similar  benefits  made  directly to the estate by the
 9    Veterans Administration, notice of the application for  leave
10    to invest or expend the ward's funds or estate, together with
11    a  copy of the petition and proposed order, shall be given to
12    the Veterans' Administration Regional Office in this State at
13    least 7 days before the hearing on the application.
14        (a-5)  The probate court, upon petition  of  a  guardian,
15    other  than  the guardian of a minor, and after notice to all
16    other persons interested as the court directs, may  authorize
17    the  guardian  to  exercise any or all powers over the estate
18    and business affairs of the ward that the ward could exercise
19    if present and not under disability.  The court may authorize
20    the taking of an action  or  the  application  of  funds  not
21    required  for  the  ward's current and future maintenance and
22    support in any manner approved  by  the  court  as  being  in
23    keeping  with  the  ward's  wishes  so  far  as  they  can be
24    ascertained.  The court must consider the permanence  of  the
25    ward's  disabling  condition  and  the natural objects of the
26    ward's bounty.  In ascertaining and carrying out  the  ward's
27    wishes  the  court may consider, but shall not be limited to,
28    minimization  of  State  or  federal   income,   estate,   or
29    inheritance   taxes;   and   providing  gifts  to  charities,
30    relatives, and friends that would  be  likely  recipients  of
31    donations  from the ward.  The ward's wishes as best they can
32    be ascertained shall be  carried  out,  whether  or  not  tax
33    savings  are  involved.  Actions or applications of funds may
34    include, but shall not be limited to, the following:
 
                            -553-    LRB093 05878 EFG 05971 b
 1             (1)  making gifts of income or principal,  or  both,
 2        of the estate, either outright or in trust;
 3             (2)  conveying, releasing, or disclaiming his or her
 4        contingent and expectant interests in property, including
 5        marital  property  rights  and  any right of survivorship
 6        incident to joint tenancy or tenancy by the entirety;
 7             (3)  releasing or disclaiming his or her  powers  as
 8        trustee,  personal  representative, custodian for minors,
 9        or guardian;
10             (4)  exercising, releasing, or  disclaiming  his  or
11        her powers as donee of a power of appointment;
12             (5)  entering into contracts;
13             (6)  creating for the benefit of the ward or others,
14        revocable  or  irrevocable  trusts of his or her property
15        that  may extend beyond his or her disability or life;.
16             (7)  exercising options of the ward to  purchase  or
17        exchange securities or other property;
18             (8)  exercising  the  rights  of  the  ward to elect
19        benefit or  payment  options,  to  terminate,  to  change
20        beneficiaries  or ownership, to assign rights, to borrow,
21        or to receive cash value in return  for  a  surrender  of
22        rights under any one or more of the following:
23                  (i)  life   insurance   policies,   plans,   or
24             benefits,.
25                  (ii)  annuity policies, plans, or benefits,.
26                  (iii)  mutual    fund    and   other   dividend
27             investment plans,.
28                  (iv)  retirement, profit sharing, and  employee
29             welfare plans and benefits;
30             (9)  exercising   his  or  her  right  to  claim  or
31        disclaim an elective share in the estate of  his  or  her
32        deceased  spouse  and to renounce any interest by testate
33        or intestate succession or by inter vivos transfer;
34             (10)  changing the ward's residence or domicile; or
 
                            -554-    LRB093 05878 EFG 05971 b
 1             (11)  modifying  by  means  of  codicil   or   trust
 2        amendment  the  terms of the ward's will or any revocable
 3        trust created by the ward,  as  the  court  may  consider
 4        advisable in light of changes in applicable tax laws.
 5        The guardian in his or her petition shall briefly outline
 6    the  action or application of funds for which he or she seeks
 7    approval, the results expected to  be  accomplished  thereby,
 8    and  the  tax  savings,  if  any,  expected  to  accrue.  The
 9    proposed action or application of funds may include gifts  of
10    the ward's personal property or real estate, but transfers of
11    real  estate  shall be subject to the requirements of Section
12    20 of this Act.  Gifts may be for the benefit of  prospective
13    legatees,  devisees,  or heirs apparent of the ward or may be
14    made to  individuals  or  charities  in  which  the  ward  is
15    believed  to  have  an  interest.   The  guardian  shall also
16    indicate in the petition  that  any  planned  disposition  is
17    consistent  with  the  intentions of the ward insofar as they
18    can be ascertained, and if the ward's  intentions  cannot  be
19    ascertained,  the ward will be presumed to favor reduction in
20    the incidents of various forms of taxation  and  the  partial
21    distribution  of  his  or  her  estate  as  provided  in this
22    subsection.  The guardian shall not, however, be required  to
23    include  as  a beneficiary or fiduciary any person who he has
24    reason to believe would be excluded by the ward.  A  guardian
25    shall   be  required  to  investigate  and  pursue  a  ward's
26    eligibility for governmental benefits.
27        (b)  Upon the direction of the  court  which  issued  his
28    letters,  a  guardian  may  perform the contracts of his ward
29    which were legally subsisting at the time of the commencement
30    of the  ward's  disability.   The  court  may  authorize  the
31    guardian  to  execute  and  deliver any bill of sale, deed or
32    other instrument.
33        (c)  The guardian of the estate of a  ward  shall  appear
34    for  and  represent  the ward in all legal proceedings unless
 
                            -555-    LRB093 05878 EFG 05971 b
 1    another person is appointed for that purpose as  guardian  or
 2    next  friend.  This does not impair the power of any court to
 3    appoint a guardian ad litem or  next  friend  to  defend  the
 4    interests  of  the ward in that court, or to appoint or allow
 5    any  person as  the  next  friend  of  a  ward  to  commence,
 6    prosecute  or  defend  any proceeding in his behalf.  Without
 7    impairing the power of the  court  in  any  respect,  if  the
 8    guardian  of  the estate of a ward and another person as next
 9    friend shall appear for and represent the  ward  in  a  legal
10    proceeding  in  which  the  compensation  of  the attorney or
11    attorneys representing the guardian and next friend is solely
12    determined under a contingent fee arrangement,  the  guardian
13    of  the  estate  of the ward shall not participate in or have
14    any  duty  to  review  the  prosecution  of  the  action,  to
15    participate  in  or  review  the   appropriateness   of   any
16    settlement  of the action, or to participate in or review any
17    determination of the appropriateness of any fees  awarded  to
18    the  attorney or attorneys employed in the prosecution of the
19    action.
20        (d)  Adjudication  of  disability  shall  not  revoke  or
21    otherwise terminate a trust which is revocable by  the  ward.
22    A  guardian of the estate shall have no authority to revoke a
23    trust that is revocable by the ward, except  that  the  court
24    may  authorize a guardian to revoke a Totten trust or similar
25    deposit or withdrawable  capital  account  in  trust  to  the
26    extent  necessary to provide funds for the purposes specified
27    in paragraph (a) of this Section.   If  the  trustee  of  any
28    trust  for the benefit of the ward has discretionary power to
29    apply income or principal for the ward's benefit, the trustee
30    shall not be required to distribute  any  of  the  income  or
31    principal  to  the  guardian  of  the  ward's estate, but the
32    guardian may bring an action on behalf of the ward to  compel
33    the  trustee  to exercise the trustee's discretion or to seek
34    relief from an abuse of discretion.  This paragraph shall not
 
                            -556-    LRB093 05878 EFG 05971 b
 1    limit the right of  a  guardian  of  the  estate  to  receive
 2    accountings from the trustee on behalf of the ward.
 3        (e)  Absent  court  order pursuant to the "Illinois Power
 4    of  Attorney  Act"  enacted  by  the  85th  General  Assembly
 5    directing a guardian to  exercise  powers  of  the  principal
 6    under  an  agency that survives disability, the guardian will
 7    have no power, duty or liability with respect to any property
 8    subject to the agency.  This subsection (e)  applies  to  all
 9    agencies, whenever and wherever executed.
10        (f)  Upon  petition  by  any interested person (including
11    the standby or short-term  guardian),  with  such  notice  to
12    interested  persons as the court directs and a finding by the
13    court that it is in the best interest of the disabled person,
14    the court may terminate or limit the authority of  a  standby
15    or  short-term guardian or may enter such other orders as the
16    court deems necessary to provide for the best interest of the
17    disabled person.  The petition for termination or  limitation
18    of the authority of a standby or short-term guardian may, but
19    need  not,  be  combined  with  a  petition  to  have another
20    guardian appointed for the disabled person.
21    (Source: P.A. 89-672,  eff.  8-14-96;  90-345,  eff.  8-8-97;
22    90-796, eff. 12-15-98; revised 1-20-03.)

23        Section  60.   The  Uniform Commercial Code is amended by
24    changing Section 8-106 as follows:

25        (810 ILCS 5/8-106) (from Ch. 26, par. 8-106)
26        Sec. 8-106. Control.
27        (a)  A purchaser has "control" of a certificated security
28    in bearer form if the certificated security is  delivered  to
29    the purchaser.
30        (b)  A purchaser has "control" of a certificated security
31    in  registered form if the certificated security is delivered
32    to the purchaser, and:
 
                            -557-    LRB093 05878 EFG 05971 b
 1             (1)  the certificate is indorsed to the purchaser or
 2        in blank by an effective indorsement; or
 3             (2)  the certificate is registered in  the  name  of
 4        the  purchaser,  upon  original  issue or registration of
 5        transfer by the issuer.
 6        (c)  A  purchaser  has  "control"  of  an  uncertificated
 7    security if:
 8             (1)  the uncertificated security is delivered to the
 9        purchaser; or
10             (2)  the issuer has agreed that it will comply  with
11        instructions  originated by the purchaser without further
12        consent by the registered owner.; or
13             (3)  another person  has  control  of  the  security
14        entitlement   on  behalf  of  the  purchaser  or,  having
15        previously acquired control of the security  entitlement,
16        acknowledges  that  it  has  control  on  behalf  of  the
17        purchaser.
18        (d)  A  purchaser has "control" of a security entitlement
19    if:
20             (1)  the purchaser becomes the  entitlement  holder;
21        or
22             (2)  the  securities intermediary has agreed that it
23        will comply with entitlement  orders  originated  by  the
24        purchaser  without  further  consent  by  the entitlement
25        holder; or.
26             (3)  another person  has  control  of  the  security
27        entitlement   on  behalf  of  the  purchaser  or,  having
28        previously acquired control of the security  entitlement,
29        acknowledges  that  it  has  control  on  behalf  of  the
30        purchaser.
31        (e)  If  an interest in a security entitlement is granted
32    by the entitlement holder to  the  entitlement  holder's  own
33    securities  intermediary,  the  securities  intermediary  has
34    control.
 
                            -558-    LRB093 05878 EFG 05971 b
 1        (f)  A  purchaser  who  has satisfied the requirements of
 2    subsection (c) or (d) has  control  even  if  the  registered
 3    owner in the case of subsection (c) or the entitlement holder
 4    in  the  case  of  subsection  (d)  retains the right to make
 5    substitutions for the  uncertificated  security  or  security
 6    entitlement,  to originate instructions or entitlement orders
 7    to the issuer or securities  intermediary,  or  otherwise  to
 8    deal   with   the   uncertificated   security   or   security
 9    entitlement.
10        (g)  An issuer or a securities intermediary may not enter
11    into  an agreement of the kind described in subsection (c)(2)
12    or (d)(2) without the consent  of  the  registered  owner  or
13    entitlement   holder,   but   an   issuer   or  a  securities
14    intermediary is not required to enter into such an  agreement
15    even  though  the  registered  owner or entitlement holder so
16    directs.  An  issuer  or  securities  intermediary  that  has
17    entered into such an agreement is not required to confirm the
18    existence  of the agreement to another party unless requested
19    to do so by the registered owner or entitlement holder.
20    (Source: P.A. 91-893, eff. 7-1-01; revised 2-27-02.)

21        Section 997.  No acceleration or delay.  Where  this  Act
22    makes changes in a statute that is represented in this Act by
23    text  that  is not yet or no longer in effect (for example, a
24    Section represented by multiple versions), the  use  of  that
25    text  does  not  accelerate or delay the taking effect of (i)
26    the changes made by this Act or (ii) provisions derived  from
27    any other Public Act.

28        Section 998.  No revival or extension.  This Act does not
29    revive or extend any Section or Act otherwise repealed.

30        Section  999. Effective date.  This Act takes effect upon
31    becoming law.
 
                            -559-    LRB093 05878 EFG 05971 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    5 ILCS 80/4.13 rep.
 4    5 ILCS 80/4.22
 5    5 ILCS 80/4.23
 6    5 ILCS 100/1-5            from Ch. 127, par. 1001-5
 7    5 ILCS 160/7              from Ch. 116, par. 43.10
 8    5 ILCS 375/6.5
 9    5 ILCS 375/10             from Ch. 127, par. 530
10    15 ILCS 520/7             from Ch. 130, par. 26
11    15 ILCS 520/22.5          from Ch. 130, par. 41a
12    20 ILCS 505/7             from Ch. 23, par. 5007
13    20 ILCS 655/5.5           from Ch. 67 1/2, par. 609.1
14    20 ILCS 3960/3            from Ch. 111 1/2, par. 1153
15    25 ILCS 130/10-3          from Ch. 63, par. 1010-3
16    30 ILCS 105/5.230 rep.
17    30 ILCS 105/5.545
18    30 ILCS 105/5.552
19    30 ILCS 105/5.567
20    30 ILCS 105/5.569
21    30 ILCS 105/5.570
22    30 ILCS 105/5.571
23    30 ILCS 105/5.572
24    30 ILCS 105/5.573
25    30 ILCS 105/5.574
26    30 ILCS 105/5.575
27    30 ILCS 105/5.576
28    30 ILCS 105/5.577
29    30 ILCS 105/5.578
30    30 ILCS 105/5.579
31    30 ILCS 105/5.580
32    30 ILCS 105/5.581
33    30 ILCS 105/5.582
34    30 ILCS 105/5.583
 
                            -560-    LRB093 05878 EFG 05971 b
 1    30 ILCS 105/5.584
 2    30 ILCS 105/5.585
 3    30 ILCS 105/5.586
 4    30 ILCS 105/5.587
 5    30 ILCS 105/5.588
 6    30 ILCS 105/5.589
 7    30 ILCS 105/5.590
 8    30 ILCS 105/5.591
 9    30 ILCS 105/5.592
10    30 ILCS 105/6z-43
11    30 ILCS 330/2             from Ch. 127, par. 652
12    30 ILCS 805/8.25
13    30 ILCS 805/8.26
14    35 ILCS 5/203             from Ch. 120, par. 2-203
15    35 ILCS 5/509             from Ch. 120, par. 5-509
16    35 ILCS 5/510             from Ch. 120, par. 5-510
17    35 ILCS 115/2             from Ch. 120, par. 439.102
18    35 ILCS 120/2-5           from Ch. 120, par. 441-5
19    35 ILCS 130/3             from Ch. 120, par. 453.3
20    35 ILCS 135/3             from Ch. 120, par. 453.33
21    35 ILCS 145/6             from Ch. 120, par. 481b.36
22    35 ILCS 200/15-25
23    35 ILCS 200/18-92
24    35 ILCS 200/18-93
25    35 ILCS 200/18-177
26    35 ILCS 200/18-101.47 rep.
27    35 ILCS 636/5-50
28    40 ILCS 5/8-137           from Ch. 108 1/2, par. 8-137
29    40 ILCS 5/8-138           from Ch. 108 1/2, par. 8-138
30    40 ILCS 5/Art. 9 heading
31    40 ILCS 5/11-134          from Ch. 108 1/2, par. 11-134
32    40 ILCS 5/11-134.1        from Ch. 108 1/2, par. 11-134.1
33    40 ILCS 5/Art. 13 heading
34    45 ILCS 170/110
 
                            -561-    LRB093 05878 EFG 05971 b
 1    45 ILCS 170/115
 2    50 ILCS 750/15.3          from Ch. 134, par. 45.3
 3    60 ILCS 1/85-50
 4    60 ILCS 1/85-55
 5    60 ILCS 1/235-20
 6    65 ILCS 5/8-11-1.2        from Ch. 24, par. 8-11-1.2
 7    65 ILCS 5/11-31-1         from Ch. 24, par. 11-31-1
 8    70 ILCS 2605/288
 9    70 ILCS 2605/289
10    105 ILCS 5/10-17a         from Ch. 122, par. 10-17a
11    105 ILCS 5/10-20.35
12    105 ILCS 5/10-20.36
13    105 ILCS 5/10-22.20       from Ch. 122, par. 10-22.20
14    105 ILCS 5/18-8.05
15    105 ILCS 5/34-18          from Ch. 122, par. 34-18
16    105 ILCS 5/34-18.23
17    105 ILCS 5/34-18.24
18    105 ILCS 5/34-18.25
19    115 ILCS 5/2              from Ch. 48, par. 1702
20    205 ILCS 105/1-6e
21    205 ILCS 105/1-6f
22    205 ILCS 305/13           from Ch. 17, par. 4414
23    205 ILCS 305/30           from Ch. 17, par. 4431
24    210 ILCS 85/8             from Ch. 111 1/2, par. 149
25    210 ILCS 115/2.2          from Ch. 111 1/2, par. 712.2
26    215 ILCS 5/356z.2
27    215 ILCS 5/356z.3
28    220 ILCS 5/16-111
29    225 ILCS 65/10-30
30    225 ILCS 312/15
31    225 ILCS 312/25
32    225 ILCS 450/20.01        from Ch. 111, par. 5521.01
33    225 ILCS 728/10
34    235 ILCS 5/6-11           from Ch. 43, par. 127
 
                            -562-    LRB093 05878 EFG 05971 b
 1    235 ILCS 5/6-15           from Ch. 43, par. 130
 2    305 ILCS 5/5-5.4          from Ch. 23, par. 5-5.4
 3    305 ILCS 5/5-5.12         from Ch. 23, par. 5-5.12
 4    305 ILCS 5/10-8.1
 5    305 ILCS 5/10-10          from Ch. 23, par. 10-10
 6    305 ILCS 5/10-11          from Ch. 23, par. 10-11
 7    305 ILCS 5/12-13.05
 8    410 ILCS 45/14            from Ch. 111 1/2, par. 1314
 9    415 ILCS 5/57.2
10    415 ILCS 5/57.7
11    415 ILCS 5/57.8
12    415 ILCS 5/57.10
13    415 ILCS 5/57.13
14    415 ILCS 5/58.7
15    430 ILCS 65/4             from Ch. 38, par. 83-4
16    510 ILCS 70/4.01          from Ch. 8, par. 704.01
17    510 ILCS 70/4.04          from Ch. 8, par. 704.04
18    510 ILCS 70/16            from Ch. 8, par. 716
19    605 ILCS 5/5-701.2        from Ch. 121, par. 5-701.2
20    625 ILCS 5/3-412          from Ch. 95 1/2, par. 3-412
21    625 ILCS 5/3-413          from Ch. 95 1/2, par. 3-413
22    625 ILCS 5/3-621          from Ch. 95 1/2, par. 3-621
23    625 ILCS 5/3-622          from Ch. 95 1/2, par. 3-622
24    625 ILCS 5/3-625          from Ch. 95 1/2, par. 3-625
25    625 ILCS 5/3-648
26    625 ILCS 5/3-653
27    625 ILCS 5/3-654
28    625 ILCS 5/3-655
29    625 ILCS 5/3-656
30    625 ILCS 5/3-657
31    625 ILCS 5/3-658
32    625 ILCS 5/3-659
33    625 ILCS 5/3-660
34    625 ILCS 5/3-661
 
                            -563-    LRB093 05878 EFG 05971 b
 1    625 ILCS 5/3-662
 2    625 ILCS 5/3-803          from Ch. 95 1/2, par. 3-803
 3    625 ILCS 5/6-206          from Ch. 95 1/2, par. 6-206
 4    625 ILCS 5/6-500          from Ch. 95 1/2, par. 6-500
 5    625 ILCS 5/11-605         from Ch. 95 1/2, par. 11-605
 6    625 ILCS 5/11-1201        from Ch. 95 1/2, par. 11-1201
 7    625 ILCS 5/12-215         from Ch. 95 1/2, par. 12-215
 8    625 ILCS 5/18b-105        from Ch. 95 1/2, par. 18b-105
 9    720 ILCS 5/2-0.5          was 720 ILCS 5/2-.5
10    720 ILCS 5/3-6            from Ch. 38, par. 3-6
11    720 ILCS 5/12-2           from Ch. 38, par. 12-2
12    720 ILCS 5/12-4           from Ch. 38, par. 12-4
13    720 ILCS 5/17-1           from Ch. 38, par. 17-1
14    725 ILCS 5/108B-1         from Ch. 38, par. 108B-1
15    725 ILCS 5/108B-5         from Ch. 38, par. 108B-5
16    725 ILCS 5/108B-11        from Ch. 38, par. 108B-11
17    725 ILCS 5/112A-28        from Ch. 38, par. 112A-28
18    730 ILCS 5/5-4-1          from Ch. 38, par. 1005-4-1
19    730 ILCS 5/5-4-3          from Ch. 38, par. 1005-4-3
20    730 ILCS 5/5-5-3          from Ch. 38, par. 1005-5-3
21    730 ILCS 5/5-8-1.3
22    730 ILCS 105/25           from Ch. 38, par. 1675
23    735 ILCS 5/2-1401         from Ch. 110, par. 2-1401
24    750 ILCS 5/510            from Ch. 40, par. 510
25    750 ILCS 16/20
26    750 ILCS 45/14            from Ch. 40, par. 2514
27    750 ILCS 50/1             from Ch. 40, par. 1501
28    750 ILCS 60/219           from Ch. 40, par. 2312-19
29    750 ILCS 60/224           from Ch. 40, par. 2312-24
30    750 ILCS 60/302           from Ch. 40, par. 2313-2
31    755 ILCS 5/11a-18         from Ch. 110 1/2, par. 11a-18
32    810 ILCS 5/8-106          from Ch. 26, par. 8-106