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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-145-1
(65 ILCS 5/11-145-1) (from Ch. 24, par. 11-145-1)
Sec. 11-145-1.
Any municipality which issues revenue bonds for the
construction, acquisition, improvement, extension or operation of a
sewerage system under the provisions of this Code and establishes rates,
charges or rents for the use of such sewerage system based upon the
volume of water delivered through a waterworks system not owned by such
municipality, may enter into a contract with the owner or operator of
such waterworks system to act as collector of such rates, rents or
charges for the use of such sewerage system and to pay over such
revenues to such municipality as provided by this section. Such contract
may authorize and require such owner or operator of the waterworks
system, as agent for the municipality, to do all things relating to the
collection of such rates, rents or charges as the municipality could do
if it were making such collections directly and may allow such
compensation to such collector for acting as such, not to exceed 6% of
the total amount collected, as may be agreed upon by the contracting
parties, such compensation to be deducted from such collections and the
balance to be paid over to such municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 146
(65 ILCS 5/Art. 11 Div. 146 heading)
DIVISION 146.
CONTRACT FOR COLLECTING AND
DISPOSING OF SEWAGE ORIGINATING
OUTSIDE MUNICIPALITY
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65 ILCS 5/11-146-1
(65 ILCS 5/11-146-1) (from Ch. 24, par. 11-146-1)
Sec. 11-146-1.
The corporate authorities of each municipality may contract
with the State of Illinois, any municipality, or any person for the
collection and disposal of sewage originating outside of municipalities.
The corporate authorities of a municipality may provide by ordinance for
the extension and maintenance of municipal sewers in specified areas
outside the corporate limits.
(Source: P.A. 76-1516.)
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65 ILCS 5/Art. 11 Div. 147
(65 ILCS 5/Art. 11 Div. 147 heading)
DIVISION 147.
SEWAGE DISPOSAL CONTRACTS BETWEEN CERTAIN MUNICIPAL
CORPORATIONS
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65 ILCS 5/11-147-1
(65 ILCS 5/11-147-1) (from Ch. 24, par. 11-147-1)
Sec. 11-147-1. Whenever a municipality, drainage district, sanitary
district, or other municipal corporation is adjacent to any other
municipality, drainage district, sanitary district, or other municipal
corporation the adjacent municipal corporations have the power to contract
with each other, upon such terms as may be agreed upon between them, for
the perpetual or temporary use and benefit by one of them of any sewer or
drain, or of any system of sewerage or drainage or part thereof, or of any
sewage disposal or sewage treatment plants and works, heretofore or
hereafter constructed by the other. Any such sewer or drain, or system of
sewerage or drainage or part thereof, or sewage disposal or sewage
treatment plants and work, heretofore or hereafter constructed by one such
municipal corporation may be extended or furnished to the inhabitants of
the other. Such municipal corporations may by contract with each other
provide for the joint construction of any sewer or drain or sewage disposal
or sewage treatment plants and works by the municipal corporations so
contracting, and for the common use thereof by the inhabitants of the
contracting municipal corporations. In addition, whenever a sanitary district has acquired an easement granting the sanitary district the right to construct or operate a sanitary sewer system or part of a sanitary sewer system over property that connects the sanitary district to a municipality, the municipality and the sanitary district may enter into a contract for the use of the sanitary sewer system regardless of whether the sanitary district is adjacent to the municipality.
(Source: P.A. 94-1106, eff. 2-9-07.)
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65 ILCS 5/11-147-2
(65 ILCS 5/11-147-2) (from Ch. 24, par. 11-147-2)
Sec. 11-147-2.
Any contract specified in Section 11-147-1 may be made by
the authority of an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation proposing the contract, and shall
be assented to by an ordinance or resolution passed by the proper
legislative authority of the municipality, sanitary district, drainage
district, or other municipal corporation assenting to the contract. When
made and assented to by the proper legislative authorities of the municipal
corporations who are parties thereto, the contract shall be in all respects
valid and binding.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-147-3
(65 ILCS 5/11-147-3) (from Ch. 24, par. 11-147-3)
Sec. 11-147-3.
Every municipality lying within or partly within the
corporate limits of, or adjacent to, any sanitary district which was
organized under "An Act to create sanitary districts in certain localities,
to drain and protect the same from overflow for sanitary purposes and to
provide for sewage disposal," approved May 17, 1907, as heretofore and
hereafter amended, and which is authorized to collect, carry-off, dispose
of, and treat sewage and industrial wastes, may enter into a contract with
this sanitary district upon such reasonable terms as may be agreed upon,
for the use of the drains, conduits, treatment plants, pumping plants, and
works maintained by the sanitary district for the carrying-off, disposal,
and treatment of sewage and industrial wastes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-147-4
(65 ILCS 5/11-147-4) (from Ch. 24, par. 11-147-4)
Sec. 11-147-4.
Any municipality lying wholly or partly within the
boundaries of any county which accepts the provisions of "An Act in
relation to water supply, drainage, sewage, pollution and flood control in
certain counties," approved July 22, 1959, as heretofore or hereafter
amended, may contract with such county for water supply or sewerage
service to or for the benefit of the inhabitants of the municipality. Any
such contract may provide for the periodic payment to the county of a share
of the amounts necessary to pay or provide for the expenses of operation
and maintenance of the waterworks or sewerage system of the combined
waterworks and sewerage system (including insurance) of the county, to pay
the principal of and interest on any revenue bonds issued by the county
hereunder, and to provide an adequate depreciation fund and to maintain
other reserves and sinking funds for the payment of the bonds or the
extension or improvement of the waterworks properties or sewage facilities
of the county or a combination thereof, as the case may be.
Any such contract may be entered into without making a previous
appropriation for the expense thereby incurred. Any such contract may be
for a term not in excess of 20 years, if the contract is a general
obligation of the municipality, or for a term not in excess of 40 years, if
the obligation under the contract is payable solely from the revenues
derived by the municipality from its water supply or sewerage system.
If the contract is payable solely from the revenues derived by the
municipality from its water supply or sewerage system, the amounts due
under the contract shall be deemed an expense of operating and maintaining
the water supply or sewerage system of the municipality.
(Source: Laws 1961, p. 2429.)
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65 ILCS 5/Art. 11 Div. 148
(65 ILCS 5/Art. 11 Div. 148 heading)
DIVISION 148.
JOINT CONSTRUCTION OF SEWAGE
PLANT WITH OUT-OF-STATE MUNICIPALITY
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65 ILCS 5/11-148-1
(65 ILCS 5/11-148-1) (from Ch. 24, par. 11-148-1)
Sec. 11-148-1.
Whenever the territory of any municipality of this state is
adjacent to the territory of another state, the municipality may jointly
construct a sewage disposal plant, together with all necessary and proper
pipes, conduits, and appurtenances within its own corporate limits, and may
own, operate, and maintain the plant jointly with any municipality in the
adjacent state, for their joint use, on terms and conditions to be agreed
upon by the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-2
(65 ILCS 5/11-148-2) (from Ch. 24, par. 11-148-2)
Sec. 11-148-2.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant in an Illinois municipality adjacent to
the boundary of the State of Illinois, the municipality in the adjacent
state may construct a sewage disposal plant, together with all necessary
and proper pipes, conduits, and appurtenances, within the corporate limits
of the Illinois municipality, and may hold, own, maintain, and operate the
plant as its sole and separate property, subject to the approval of the
corporate authorities of the Illinois municipality.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-3
(65 ILCS 5/11-148-3) (from Ch. 24, par. 11-148-3)
Sec. 11-148-3.
Whenever a municipality in an adjacent state desires to
construct a sewage disposal plant within or near the corporate limits of an
adjoining municipality, located in the State of Illinois, the municipality
in the adjacent state may construct the sewage disposal plant within or
near the corporate limits of the Illinois municipality, together with all
necessary pipes, conduits, and appurtenances thereto, and may own, operate,
and maintain the plant and also may permit use thereof by the Illinois
municipality upon terms and conditions to be agreed upon by contract
between the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-4
(65 ILCS 5/11-148-4) (from Ch. 24, par. 11-148-4)
Sec. 11-148-4.
Whenever a municipality located in the State of Illinois
owns and operates a sewage disposal plant within or near its corporate
limits, and is adjacent to a municipality in another state, the Illinois
municipality has the power to permit use of its sewage disposal plant and
appurtenances by the adjacent municipality located in the other state, on
terms to be agreed upon by a contract between the municipalities.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-5
(65 ILCS 5/11-148-5) (from Ch. 24, par. 11-148-5)
Sec. 11-148-5.
The interest, ownership, or equity which any municipality of
another state has in any sewage disposal plant and necessary connecting and
outlet sewers and appurtenances in the State of Illinois, constructed by
virtue of Section 11-148-1 through 11-148-4 is not subject to taxation in
the State of Illinois.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-6
(65 ILCS 5/11-148-6) (from Ch. 24, par. 11-148-6)
Sec. 11-148-6.
Whenever a municipality of another state constructs or
leases a sewage disposal plant in the State of Illinois, pursuant to the
provisions of Sections 11-148-1 through 11-148-4, the municipality may
condemn and take property within the State of Illinois necessary for that
disposal plant and for connecting and outlet sewers and appurtenances, in
the same manner as might any municipality within this state.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-148-7
(65 ILCS 5/11-148-7) (from Ch. 24, par. 11-148-7)
Sec. 11-148-7.
The purpose of Sections 11-148-1 through 11-148-6 is the
elimination or lessening of pollution of streams within the State of
Illinois, and is particularly for the benefit of adjacent municipalities
whose territory is located partially in the State of Illinois and partially
in an adjacent state, and whose sewage disposal can be most efficiently and
economically handled by a joint plant for the 2 municipalities. The
sections specified shall be liberally construed to give effect to these
purposes.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/Art. 11 Div. 149
(65 ILCS 5/Art. 11 Div. 149 heading)
DIVISION 149.
EXTENSION OF MUNICIPAL WATER
AND SEWER SERVICE OUTSIDE CORPORATE
LIMITS
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65 ILCS 5/11-149-1
(65 ILCS 5/11-149-1) (from Ch. 24, par. 11-149-1)
Sec. 11-149-1. The corporate authorities of a municipality may provide by
ordinance for the extension and maintenance of municipal sewers and water
mains, or both, in specified areas outside the corporate limits. Such
service shall not be extended, however, unless a majority of the owners of
record of the real property in the specified area petition the corporate
authorities for the service. In a non-home rule municipality, if such service has been provided to another unit of local government, the municipality cannot thereafter require the annexation of the property owned by the unit of local government to the municipality as a prerequisite to the continuation and maintenance of such service.
(Source: P.A. 94-544, eff. 8-10-05.)
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65 ILCS 5/11-149-2
(65 ILCS 5/11-149-2) (from Ch. 24, par. 11-149-2)
Sec. 11-149-2.
The extension of such service may be financed by the
issuance of bonds payable solely from the revenue obtained from the
furnishing of such service. The bonds shall be issued and shall be subject
to the provisions, as near as may be, of Division 139 of this article. The
corporate authorities may make rules and regulations and may establish
charges for such service in areas outside the corporate limits in the
manner provided in Section 11-139-8, as near as may be.
(Source: Laws 1963, p. 2727.)
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65 ILCS 5/Art. 11 Div. 150
(65 ILCS 5/Art. 11 Div. 150 heading)
DIVISION 150.
WATERWORKS AND SEWERAGE
CONNECTION CHARGE
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65 ILCS 5/11-150-1
(65 ILCS 5/11-150-1) (from Ch. 24, par. 11-150-1)
Sec. 11-150-1.
The corporate authorities of any municipality operating a
waterworks, sewerage or combined waterworks and sewerage system have the
power by ordinance to collect a fair and reasonable charge for connection
to any such system in addition to those charges covered by normal taxes,
for the construction, expansion and extension of the works of the system,
the charge to be assessed against new or additional users of the system and
to be known as a connection charge, except that no connection or water
usage charge shall exceed the actual cost required for the installation or
usage of an automatic sprinkler system. The funds thus collected shall be used
by the municipality for its general corporate purposes with primary
application thereof being made by the necessary expansion of the works of
the system to meet the requirements of the new users thereof.
(Source: P.A. 85-784.)
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65 ILCS 5/11-150-2 (65 ILCS 5/11-150-2) Sec. 11-150-2. Billing for services. (a) On or after the effective date of this amendatory Act of the 100th General Assembly, the corporate authorities of any municipality operating a waterworks or combined waterworks and sewerage system: (1) shall bill for any utility service, including | | previously unbilled service: (A) within 12 months after the provision of that service to the customer if the service is supplied to a residential customer; or (B) within 24 months after the provision of that service to that customer if the service is supplied to a non-residential customer; however, the corporate authorities of a municipality may bill for unpaid amounts that were billed to a customer or if the customer was notified that there is an unpaid amount before the effective date of this amendatory Act of the 100th General Assembly for service that was supplied to the customer before January 1, 2016;
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| (2) shall not intentionally delay billing beyond the
| | (3) shall label any amount attributed to previously
| | unbilled service as such on the customer's bill and include the beginning and ending dates for the period during which the previously unbilled amount accrued;
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| (4) shall issue the makeup billing amount calculated
| | on a prorated basis to reflect the varying rates for previously unbilled service accrued over a period of time when the rates for service have varied; and
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| (5) shall provide the customer with the option of a
| | payment arrangement to retire the makeup bill for previously unbilled service by periodic payments, without interest or late fees, over a time equal to the amount of time the billing was delayed.
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| (b) The time limit of paragraph (1) of subsection (a) shall not apply to previously unbilled service attributed to tampering, theft of service, fraud, or the customer preventing the utility's recorded efforts to obtain an accurate reading of the meter.
(Source: P.A. 100-178, eff. 8-18-17.)
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65 ILCS 5/Art. 11 Div. 150.1
(65 ILCS 5/Art. 11 Div. 150.1 heading)
DIVISION 150.1. LEAD HAZARD COST RECOVERY FEE
(Source: P.A. 99-922, eff. 1-17-17.) |
65 ILCS 5/11-150.1-1 (65 ILCS 5/11-150.1-1) Sec. 11-150.1-1. Lead hazard cost recovery fee. The corporate authorities of any municipality that operates a waterworks system and that incurs reasonable costs to comply with Section 35.5 of the Illinois Plumbing License Law shall have the authority, by ordinance, to collect a fair and reasonable fee from users of the system in order to recover those reasonable costs. Fees collected pursuant to this Section shall be used exclusively for the purpose of complying with Section 35.5 of the Illinois Plumbing License Law.
(Source: P.A. 99-922, eff. 1-17-17.) |
65 ILCS 5/Art. 11 Div. 151
(65 ILCS 5/Art. 11 Div. 151 heading)
DIVISION 151.
MUNICIPALITY RELATIONSHIP
TO PUBLIC WATER DISTRICT
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65 ILCS 5/11-151-1
(65 ILCS 5/11-151-1) (from Ch. 24, par. 11-151-1)
Sec. 11-151-1.
As used in this Article, "public water district" or "district" means a
public water district organized under "An Act in relation to public water
districts", approved July 25, 1945, as amended.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-2
(65 ILCS 5/11-151-2) (from Ch. 24, par. 11-151-2)
Sec. 11-151-2. This Article does not apply to any public water district whose territory
is situated in 2 or more municipalities, except where one of the municipalities is incorporated after June 1, 2004 pursuant to the amendatory changes to Section 2-3-5 made by this amendatory Act of the 93rd General Assembly. Nothing in this Article prohibits
a municipality from continuing to operate utility facilities which it owns
and operates, at the time territory is annexed to the municipality, in that
territory even though it is part of a public water district.
(Source: P.A. 93-1058, eff. 12-2-04.)
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65 ILCS 5/11-151-3
(65 ILCS 5/11-151-3) (from Ch. 24, par. 11-151-3)
Sec. 11-151-3.
Except as otherwise provided in this Article, no municipality may
furnish water or sanitary sewer service to any territory situated within a
public water district and more than one mile from the corporate limits of
the municipality without the district's consent. Nothing in this Section
affects the performance by the municipality of any other function in which
the district is not engaged.
A municipality that operates a public water supply and furnishes water
service has the exclusive right, as against a public water district, to
serve residents in the territory within one mile or less of the corporate
limits of the municipality but may consent to the district's providing
service to such residents.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-4
(65 ILCS 5/11-151-4) (from Ch. 24, par. 11-151-4)
Sec. 11-151-4.
If a municipality annexes all of the territory of a public water
district, the municipality shall take over all the properties and assets of
the district, assume all debts, liabilities and obligations of the district
and perform all functions and services of the district. The district shall
be abolished and the rights and duties imposed on the municipality of this
Section shall commence 90 days after the effective date of the annexation
or at such earlier date as the corporate authorities of the municipality,
by ordinance, provide.
(Source: P.A. 76-1356.)
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65 ILCS 5/11-151-5
(65 ILCS 5/11-151-5) (from Ch. 24, par. 11-151-5)
Sec. 11-151-5.
If a municipality annexes part, but not all of the territory
of a public
water district, sanitary sewer district, or both, the corporate authorities
of the municipality and of the
district may enter contracts providing for the division and allocation of
duplicate and overlapping powers, functions and duties between the 2
entities and for the use, management, control, purchase, conveyance,
assumption and disposition of the properties, assets, debts, liabilities
and obligations of the district. The corporate authorities of a district
and such a municipality may also enter agreements providing for the
operation by the municipality of the district's utility systems and other
properties or for the transfer, conveyance or sale of those systems and
properties to the municipality. "Systems and properties" includes those of
every kind and character and whether situated within or outside the
municipality. An operating contract made under this Section may not extend
for a period longer than 30 years and must be subject to amendment, renewal
or termination by mutual consent of the contracting parties. No contract
under this Section may contain any provision impairing the obligation of
any existing contract of such a municipality or district.
(Source: P.A. 90-190, eff. 7-24-97.)
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65 ILCS 5/Art. 11 Div. 152
(65 ILCS 5/Art. 11 Div. 152 heading)
DIVISION 152.
MUNICIPAL INSURANCE AVAILABILITY PROGRAM
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65 ILCS 5/11-152-1
(65 ILCS 5/11-152-1) (from Ch. 24, par. 11-152-1)
Sec. 11-152-1.
(a) The corporate authorities of any municipality over
1,000,000 in population
may establish a
municipal insurance availability program to make available to the residents
of such municipality, who are
otherwise unable to obtain such insurance at affordable rates,
insurance against damage or loss, including the costs of diagnosis
or repair, where the proximate cause of such damage or loss is attributable
to the breakage or stoppage of a water or sewage drainage system or pipes, apparatus
and conduits utilized in connection therewith.
(b) The corporate authorities shall establish uniform eligibility
requirements for participation in the program.
(c) The corporate authorities shall appoint a program administrator to
operate the program.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-2
(65 ILCS 5/11-152-2) (from Ch. 24, par. 11-152-2)
Sec. 11-152-2.
(a) The municipal insurance availability program shall
offer to each eligible resident
coverage in the amount and type determined to be sufficient by the program administrator.
(b) Premiums charged for coverage issued under the program shall be
reasonable in relation to the coverage
provided.
(c) The program administrator shall establish a premium billing
procedure for collection of premiums from insureds on a periodic basis.
(d) The program administrator shall perform all necessary functions to
assure timely payment of claims under the program.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-3
(65 ILCS 5/11-152-3) (from Ch. 24, par. 11-152-3)
Sec. 11-152-3.
Revenues received under the municipal insurance
availability program shall be used to
pay the costs of the program and to maintain and service the municipality's
water and sewage drainage system.
(Source: P.A. 84-1431.)
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65 ILCS 5/11-152-4
(65 ILCS 5/11-152-4) (from Ch. 24, par. 11-152-4)
Sec. 11-152-4.
Municipal insurance availability programs organized
under this Division 152 of Article 11 of the Illinois Municipal Code shall
be subject to all applicable provisions of the Illinois Insurance Code.
(Source: P.A. 84-1431.)
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