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90_HB1269eng
SEE INDEX
Creates the First 1997 General Revisory Act. Combines
multiple versions of Sections amended by more than one Public
Act. Renumbers Sections of various Acts to eliminate
duplication. Corrects obsolete citations and technical
errors. Makes stylistic changes. Effective July 1, 1997.
LRB9001000EGfg
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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 ARTICLE 1
6 GENERAL PROVISIONS
7 Section 1-1. This Act may be cited as the First 1997
8 General Revisory Act.
9 Section 1-2. This Act is not intended to make any
10 substantive change in the law. It reconciles conflicts that
11 have arisen from multiple amendments and enactments and makes
12 technical corrections and revisions in the law.
13 In this Act, the reference at the end of each amended
14 Section indicates the sources in the Session Laws of Illinois
15 that were used in the preparation of the text of that
16 Section. The text of the Section included in this Act is
17 intended to include the different versions of the Section
18 found in the Public Acts included in the list of sources, but
19 may not include other versions of the Section to be found in
20 Public Acts not included in the list of sources. The list of
21 sources is not a part of the text of the Section.
22 Section 1-3. This Act is divided into the following
23 Articles:
24 ARTICLE 1. General Provisions.
25 ARTICLE 2. Combining Revisories.
26 ARTICLE 3. Technical Corrections.
27 ARTICLE 4. Effective Date and Nonacceleration.
28 ARTICLE 2
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1 COMBINING REVISORIES
2 Section 2-1. This Article revises and, where appropriate,
3 renumbers certain Sections that have been added or amended by
4 more than one Public Act. This Article also corrects errors,
5 revises cross-references, and deletes obsolete text in those
6 Sections. Public Acts 89-443 through 89-707 were considered
7 in the preparation of this Article.
8 (5 ILCS 80/4.8a rep.)
9 Section 2-5. The Regulatory Agency Sunset Act is amended
10 by repealing Section 4.8a.
11 Section 2-10. The Regulatory Agency Sunset Act is
12 amended by changing Section 4.9 as follows:
13 (5 ILCS 80/4.9) (from Ch. 127, par. 1904.9)
14 Sec. 4.9. The following Acts are repealed December 31,
15 1997:
16 The Podiatric Medical Practice Act of 1987.
17 The Nursing Home Administrators Licensing and
18 Disciplinary Act.
19 The Physician Assistant Practice Act of 1987.
20 The Illinois Nursing Act of 1987.
21 The Clinical Social Work and Social Work Practice Act.
22 The Illinois Speech-Language Pathology and Audiology
23 Practice Act.
24 The Marriage and Family Therapy Licensing Act.
25 (Source: P.A. 89-702, eff. 7-1-97; 89-706, eff. 1-31-97;
26 revised 2-7-97.)
27 Section 2-15. The Illinois Public Labor Relations Act is
28 amended by changing Section 3 as follows:
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1 (5 ILCS 315/3) (from Ch. 48, par. 1603)
2 Sec. 3. Definitions. As used in this Act, unless the
3 context otherwise requires:
4 (a) "Board" or "Governing Board" means either the
5 Illinois State Labor Relations Board or the Illinois Local
6 Labor Relations Board.
7 (b) "Collective bargaining" means bargaining over terms
8 and conditions of employment, including hours, wages, and
9 other conditions of employment, as detailed in Section 7 and
10 which are not excluded by Section 4.
11 (c) "Confidential employee" means an employee who, in
12 the regular course of his or her duties, assists and acts in
13 a confidential capacity to persons who formulate, determine,
14 and effectuate management policies with regard to labor
15 relations or who, in the regular course of his or her duties,
16 has authorized access to information relating to the
17 effectuation or review of the employer's collective
18 bargaining policies.
19 (d) "Craft employees" means skilled journeymen, crafts
20 persons, and their apprentices and helpers.
21 (e) "Essential services employees" means those public
22 employees performing functions so essential that the
23 interruption or termination of the function will constitute a
24 clear and present danger to the health and safety of the
25 persons in the affected community.
26 (f) "Exclusive representative", except with respect to
27 non-State fire fighters and paramedics employed by fire
28 departments and fire protection districts, non-State peace
29 officers, and peace officers in the Department of State
30 Police, means the labor organization that has been (i)
31 designated by the Board as the representative of a majority
32 of public employees in an appropriate bargaining unit in
33 accordance with the procedures contained in this Act, (ii)
34 historically recognized by the State of Illinois or any
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1 political subdivision of the State before July 1, 1984 (the
2 effective date of this Act) as the exclusive representative
3 of the employees in an appropriate bargaining unit, or (iii)
4 after July 1, 1984 (the effective date of this Act)
5 recognized by an employer upon evidence, acceptable to the
6 Board, that the labor organization has been designated as the
7 exclusive representative by a majority of the employees in an
8 appropriate bargaining unit.
9 With respect to non-State fire fighters and paramedics
10 employed by fire departments and fire protection districts,
11 non-State peace officers, and peace officers in the
12 Department of State Police, "exclusive representative" means
13 the labor organization that has been (i) designated by the
14 Board as the representative of a majority of peace officers
15 or fire fighters in an appropriate bargaining unit in
16 accordance with the procedures contained in this Act, (ii)
17 historically recognized by the State of Illinois or any
18 political subdivision of the State before January 1, 1986
19 (the effective date of this amendatory Act of 1985) as the
20 exclusive representative by a majority of the peace officers
21 or fire fighters in an appropriate bargaining unit, or (iii)
22 after January 1, 1986 (the effective date of this amendatory
23 Act of 1985) recognized by an employer upon evidence,
24 acceptable to the Board, that the labor organization has been
25 designated as the exclusive representative by a majority of
26 the peace officers or fire fighters in an appropriate
27 bargaining unit.
28 (g) "Fair share agreement" means an agreement between
29 the employer and an employee organization under which all or
30 any of the employees in a collective bargaining unit are
31 required to pay their proportionate share of the costs of the
32 collective bargaining process, contract administration, and
33 pursuing matters affecting wages, hours, and other conditions
34 of employment, but not to exceed the amount of dues uniformly
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1 required of members. The amount certified by the exclusive
2 representative shall not include any fees for contributions
3 related to the election or support of any candidate for
4 political office. Nothing in this subsection (g) shall
5 preclude an employee from making voluntary political
6 contributions in conjunction with his or her fair share
7 payment.
8 (g-1) "Fire fighter" means, for the purposes of this Act
9 only, any person who has been or is hereafter appointed to a
10 fire department or fire protection district or employed by a
11 state university and sworn or commissioned to perform fire
12 fighter duties or paramedic duties, except that the following
13 persons are not included: part-time fire fighters, auxiliary,
14 reserve or voluntary fire fighters, including paid on-call
15 fire fighters, clerks and dispatchers or other civilian
16 employees of a fire department or fire protection district
17 who are not routinely expected to perform fire fighter
18 duties, or elected officials.
19 (g-2) "General Assembly of the State of Illinois" means
20 the legislative branch of the government of the State of
21 Illinois, as provided for under Article IV of the
22 Constitution of the State of Illinois, and includes but is
23 not limited to the House of Representatives, the Senate, the
24 Speaker of the House of Representatives, the Minority Leader
25 of the House of Representatives, the President of the Senate,
26 the Minority Leader of the Senate, the Joint Committee on
27 Legislative Support Services and any legislative support
28 services agency listed in the Legislative Commission
29 Reorganization Act of 1984.
30 (h) "Governing body" means, in the case of the State,
31 the State Labor Relations Board, the Director of the
32 Department of Central Management Services, and the Director
33 of the Department of Labor; the county board in the case of a
34 county; the corporate authorities in the case of a
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1 municipality; and the appropriate body authorized to provide
2 for expenditures of its funds in the case of any other unit
3 of government.
4 (i) "Labor organization" means any organization in which
5 public employees participate and that exists for the purpose,
6 in whole or in part, of dealing with a public employer
7 concerning wages, hours, and other terms and conditions of
8 employment, including the settlement of grievances.
9 (j) "Managerial employee" means an individual who is
10 engaged predominantly in executive and management functions
11 and is charged with the responsibility of directing the
12 effectuation of management policies and practices.
13 (k) "Peace officer" means, for the purposes of this Act
14 only, any persons who have been or are hereafter appointed to
15 a police force, department, or agency and sworn or
16 commissioned to perform police duties, except that the
17 following persons are not included: part-time police
18 officers, special police officers, auxiliary police as
19 defined by Section 3.1-30-20 of the Illinois Municipal Code,
20 night watchmen, "merchant police", court security officers as
21 defined by Section 3-6012.1 of the Counties Code, temporary
22 employees, traffic guards or wardens, civilian parking meter
23 and parking facilities personnel or other individuals
24 specially appointed to aid or direct traffic at or near
25 schools or public functions or to aid in civil defense or
26 disaster, parking enforcement employees who are not
27 commissioned as peace officers and who are not armed and who
28 are not routinely expected to effect arrests, parking lot
29 attendants, clerks and dispatchers or other civilian
30 employees of a police department who are not routinely
31 expected to effect arrests, or elected officials.
32 (l) "Person" includes one or more individuals, labor
33 organizations, public employees, associations, corporations,
34 legal representatives, trustees, trustees in bankruptcy,
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1 receivers, or the State of Illinois or any political
2 subdivision of the State or governing body, but does not
3 include the General Assembly of the State of Illinois or any
4 individual employed by the General Assembly of the State of
5 Illinois.
6 (m) "Professional employee" means any employee engaged
7 in work predominantly intellectual and varied in character
8 rather than routine mental, manual, mechanical or physical
9 work; involving the consistent exercise of discretion and
10 adjustment in its performance; of such a character that the
11 output produced or the result accomplished cannot be
12 standardized in relation to a given period of time; and
13 requiring advanced knowledge in a field of science or
14 learning customarily acquired by a prolonged course of
15 specialized intellectual instruction and study in an
16 institution of higher learning or a hospital, as
17 distinguished from a general academic education or from
18 apprenticeship or from training in the performance of routine
19 mental, manual, or physical processes; or any employee who
20 has completed the courses of specialized intellectual
21 instruction and study prescribed in this subsection (m) and
22 is performing related work under the supervision of a
23 professional person to qualify to become a professional
24 employee as defined in this subsection (m).
25 (n) "Public employee" or "employee", for the purposes of
26 this Act, means any individual employed by a public employer,
27 including interns and residents at public hospitals, but
28 excluding all of the following: employees of the General
29 Assembly of the State of Illinois; elected officials;
30 executive heads of a department; members of boards or
31 commissions; employees of any agency, board or commission
32 created by this Act; employees appointed to State positions
33 of a temporary or emergency nature; all employees of school
34 districts and higher education institutions except
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1 firefighters and peace officers employed by a state
2 university; managerial employees; short-term employees;
3 confidential employees; independent contractors; and
4 supervisors except as provided in this Act.
5 Notwithstanding Section 9, subsection (c), or any other
6 provisions of this Act, all peace officers above the rank of
7 captain in municipalities with more than 1,000,000
8 inhabitants shall be excluded from this Act.
9 (o) "Public employer" or "employer" means the State of
10 Illinois; any political subdivision of the State, unit of
11 local government or school district; authorities including
12 departments, divisions, bureaus, boards, commissions, or
13 other agencies of the foregoing entities; and any person
14 acting within the scope of his or her authority, express or
15 implied, on behalf of those entities in dealing with its
16 employees. "Public employer" or "employer" as used in this
17 Act, however, does not mean and shall not include the General
18 Assembly of the State of Illinois and educational employers
19 or employers as defined in the Illinois Educational Labor
20 Relations Act, except with respect to a state university in
21 its employment of firefighters and peace officers. County
22 boards and county sheriffs shall be designated as joint or
23 co-employers of county peace officers appointed under the
24 authority of a county sheriff. Nothing in this subsection
25 (o) shall be construed to prevent the State Board or the
26 Local Board from determining that employers are joint or
27 co-employers.
28 (p) "Security employee" means an employee who is
29 responsible for the supervision and control of inmates at
30 correctional facilities. The term also includes other
31 non-security employees in bargaining units having the
32 majority of employees being responsible for the supervision
33 and control of inmates at correctional facilities.
34 (q) "Short-term employee" means an employee who is
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1 employed for less that 2 consecutive calendar quarters during
2 a calendar year and who does not have a reasonable assurance
3 that he or she will be rehired by the same employer for the
4 same service in a subsequent calendar year.
5 (r) "Supervisor" is an employee whose principal work is
6 substantially different from that of his or her subordinates
7 and who has authority, in the interest of the employer, to
8 hire, transfer, suspend, lay off, recall, promote, discharge,
9 direct, reward, or discipline employees, to adjust their
10 grievances, or to effectively recommend any of those actions,
11 if the exercise of that authority is not of a merely routine
12 or clerical nature, but requires the consistent use of
13 independent judgment. Except with respect to police
14 employment, the term "supervisor" includes only those
15 individuals who devote a preponderance of their employment
16 time to exercising that authority, State supervisors
17 notwithstanding. In addition, in determining supervisory
18 status in police employment, rank shall not be determinative.
19 The Board shall consider, as evidence of bargaining unit
20 inclusion or exclusion, the common law enforcement policies
21 and relationships between police officer ranks and
22 certification under applicable civil service law, ordinances,
23 personnel codes, or Division 2.1 of Article 10 of the
24 Illinois Municipal Code, but these factors shall not be the
25 sole or predominant factors considered by the Board in
26 determining police supervisory status.
27 Notwithstanding the provisions of the preceding
28 paragraph, in determining supervisory status in fire fighter
29 employment, no fire fighter shall be excluded as a supervisor
30 who has established representation rights under Section 9 of
31 this Act. Further, in new fire fighter units, employees
32 shall consist of fire fighters of the rank of company officer
33 and below. If a company officer otherwise qualifies as a
34 supervisor under the preceding paragraph, however, he or she
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1 shall not be included in the fire fighter unit. If there is
2 no rank between that of chief and the highest company
3 officer, the employer may designate a position on each shift
4 as a Shift Commander, and the persons occupying those
5 positions shall be supervisors. All other ranks above that
6 of company officer shall be supervisors.
7 (s) (1) "Unit" means a class of jobs or positions that
8 are held by employees whose collective interests may suitably
9 be represented by a labor organization for collective
10 bargaining. Except with respect to non-State fire fighters
11 and paramedics employed by fire departments and fire
12 protection districts, non-State peace officers, and peace
13 officers in the Department of State Police, a bargaining unit
14 determined by the Board shall not include both employees and
15 supervisors, or supervisors only, except as provided in
16 paragraph (2) of this subsection (s) and except for
17 bargaining units in existence on July 1, 1984 (the effective
18 date of this Act). With respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both supervisors
23 and nonsupervisors, or supervisors only, except as provided
24 in paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on January 1, 1986 (the
26 effective date of this amendatory Act of 1985). A bargaining
27 unit determined by the Board to contain peace officers shall
28 contain no employees other than peace officers unless
29 otherwise agreed to by the employer and the labor
30 organization or labor organizations involved.
31 Notwithstanding any other provision of this Act, a bargaining
32 unit, including a historical bargaining unit, containing
33 sworn peace officers of the Department of Natural Resources
34 (formerly designated the Department of Conservation) shall
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1 contain no employees other than such sworn peace officers
2 upon the effective date of this amendatory Act of 1990 or
3 upon the expiration date of any collective bargaining
4 agreement in effect upon the effective date of this
5 amendatory Act of 1990 covering both such sworn peace
6 officers and other employees.
7 (2) Notwithstanding the exclusion of supervisors from
8 bargaining units as provided in paragraph (1) of this
9 subsection (s), a public employer may agree to permit its
10 supervisory employees to form bargaining units and may
11 bargain with those units. This Act shall apply if the public
12 employer chooses to bargain under this subsection.
13 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
14 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
15 6-1-97; revised 1-14-97.)
16 Section 2-20. The State Employees Group Insurance Act of
17 1971 is amended by changing Section 3 and by setting forth,
18 amending, and renumbering multiple versions of Section 6.7 as
19 follows:
20 (5 ILCS 375/3) (from Ch. 127, par. 523)
21 Sec. 3. Definitions. Unless the context otherwise
22 requires, the following words and phrases as used in this Act
23 shall have the following meanings. The Department may define
24 these and other words and phrases separately for the purpose
25 of implementing specific programs providing benefits under
26 this Act.
27 (a) "Administrative service organization" means any
28 person, firm or corporation experienced in the handling of
29 claims which is fully qualified, financially sound and
30 capable of meeting the service requirements of a contract of
31 administration executed with the Department.
32 (b) "Annuitant" means (1) an employee who retires, or
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1 has retired, on or after January 1, 1966 on an immediate
2 annuity under the provisions of Articles 2, 14, 15 (including
3 an employee who has retired and is receiving a retirement
4 annuity under an optional program established under Section
5 15-158.2 and who would also be eligible for a retirement
6 annuity had that person been a participant in the State
7 University Retirement System), paragraphs (b) or (c) of
8 Section 16-106, or Article 18 of the Illinois Pension Code;
9 (2) any person who was receiving group insurance coverage
10 under this Act as of March 31, 1978 by reason of his status
11 as an annuitant, even though the annuity in relation to which
12 such coverage was provided is a proportional annuity based on
13 less than the minimum period of service required for a
14 retirement annuity in the system involved; (3) any person not
15 otherwise covered by this Act who has retired as a
16 participating member under Article 2 of the Illinois Pension
17 Code but is ineligible for the retirement annuity under
18 Section 2-119 of the Illinois Pension Code; (4) the spouse of
19 any person who is receiving a retirement annuity under
20 Article 18 of the Illinois Pension Code and who is covered
21 under a group health insurance program sponsored by a
22 governmental employer other than the State of Illinois and
23 who has irrevocably elected to waive his or her coverage
24 under this Act and to have his or her spouse considered as
25 the "annuitant" under this Act and not as a "dependent"; or
26 (5) an employee who retires, or has retired, from a qualified
27 position, as determined according to rules promulgated by the
28 Director, under a qualified local government or a qualified
29 rehabilitation facility or a qualified domestic violence
30 shelter or service. (For definition of "retired employee",
31 see (p) post).
32 (c) "Carrier" means (1) an insurance company, a
33 corporation organized under the Limited Health Service
34 Organization Act or the Voluntary Health Services Plan Act, a
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1 partnership, or other nongovernmental organization, which is
2 authorized to do group life or group health insurance
3 business in Illinois, or (2) the State of Illinois as a
4 self-insurer.
5 (d) "Compensation" means salary or wages payable on a
6 regular payroll by the State Treasurer on a warrant of the
7 State Comptroller out of any State, trust or federal fund, or
8 by the Governor of the State through a disbursing officer of
9 the State out of a trust or out of federal funds, or by any
10 Department out of State, trust, federal or other funds held
11 by the State Treasurer or the Department, to any person for
12 personal services currently performed, and ordinary or
13 accidental disability benefits under Articles 2, 14, 15
14 (including ordinary or accidental disability benefits under
15 an optional program established under Section 15-158.2),
16 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
17 Illinois Pension Code, for disability incurred after January
18 1, 1966, or benefits payable under the Workers' Compensation
19 or Occupational Diseases Act or benefits payable under a sick
20 pay plan established in accordance with Section 36 of the
21 State Finance Act. "Compensation" also means salary or wages
22 paid to an employee of any qualified local government or
23 qualified rehabilitation facility or a qualified domestic
24 violence shelter or service.
25 (e) "Commission" means the State Employees Group
26 Insurance Advisory Commission authorized by this Act.
27 Commencing July 1, 1984, "Commission" as used in this Act
28 means the Illinois Economic and Fiscal Commission as
29 established by the Legislative Commission Reorganization Act
30 of 1984.
31 (f) "Contributory", when referred to as contributory
32 coverage, shall mean optional coverages or benefits elected
33 by the member toward the cost of which such member makes
34 contribution, or which are funded in whole or in part through
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1 the acceptance of a reduction in earnings or the foregoing of
2 an increase in earnings by an employee, as distinguished from
3 noncontributory coverage or benefits which are paid entirely
4 by the State of Illinois without reduction of the member's
5 salary.
6 (g) "Department" means any department, institution,
7 board, commission, officer, court or any agency of the State
8 government receiving appropriations and having power to
9 certify payrolls to the Comptroller authorizing payments of
10 salary and wages against such appropriations as are made by
11 the General Assembly from any State fund, or against trust
12 funds held by the State Treasurer and includes boards of
13 trustees of the retirement systems created by Articles 2, 14,
14 15, 16 and 18 of the Illinois Pension Code. "Department"
15 also includes the Illinois Comprehensive Health Insurance
16 Board and the Illinois Rural Bond Bank.
17 (h) "Dependent", when the term is used in the context of
18 the health and life plan, means a member's spouse and any
19 unmarried child (1) from birth to age 19 including an adopted
20 child, a child who lives with the member from the time of the
21 filing of a petition for adoption until entry of an order of
22 adoption, a stepchild or recognized child who lives with the
23 member in a parent-child relationship, or a child who lives
24 with the member if such member is a court appointed guardian
25 of the child, or (2) age 19 to 23 enrolled as a full-time
26 student in any accredited school, financially dependent upon
27 the member, and eligible as a dependent for Illinois State
28 income tax purposes, or (3) age 19 or over who is mentally or
29 physically handicapped as defined in the Illinois Insurance
30 Code. For the health plan only, the term "dependent" also
31 includes any person enrolled prior to the effective date of
32 this Section who is dependent upon the member to the extent
33 that the member may claim such person as a dependent for
34 Illinois State income tax deduction purposes; no other such
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1 person may be enrolled.
2 (i) "Director" means the Director of the Illinois
3 Department of Central Management Services.
4 (j) "Eligibility period" means the period of time a
5 member has to elect enrollment in programs or to select
6 benefits without regard to age, sex or health.
7 (k) "Employee" means and includes each officer or
8 employee in the service of a department who (1) receives his
9 compensation for service rendered to the department on a
10 warrant issued pursuant to a payroll certified by a
11 department or on a warrant or check issued and drawn by a
12 department upon a trust, federal or other fund or on a
13 warrant issued pursuant to a payroll certified by an elected
14 or duly appointed officer of the State or who receives
15 payment of the performance of personal services on a warrant
16 issued pursuant to a payroll certified by a Department and
17 drawn by the Comptroller upon the State Treasurer against
18 appropriations made by the General Assembly from any fund or
19 against trust funds held by the State Treasurer, and (2) is
20 employed full-time or part-time in a position normally
21 requiring actual performance of duty during not less than 1/2
22 of a normal work period, as established by the Director in
23 cooperation with each department, except that persons elected
24 by popular vote will be considered employees during the
25 entire term for which they are elected regardless of hours
26 devoted to the service of the State, and (3) except that
27 "employee" does not include any person who is not eligible by
28 reason of such person's employment to participate in one of
29 the State retirement systems under Articles 2, 14, 15 (either
30 the regular Article 15 system or an optional program
31 established under Section 15-158.2) or 18, or under paragraph
32 (b) or (c) of Section 16-106, of the Illinois Pension Code,
33 but such term does include persons who are employed during
34 the 6 month qualifying period under Article 14 of the
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1 Illinois Pension Code. Such term also includes any person
2 who (1) after January 1, 1966, is receiving ordinary or
3 accidental disability benefits under Articles 2, 14, 15
4 (including ordinary or accidental disability benefits under
5 an optional program established under Section 15-158.2),
6 paragraphs (b) or (c) of Section 16-106, or Article 18 of the
7 Illinois Pension Code, for disability incurred after January
8 1, 1966, (2) receives total permanent or total temporary
9 disability under the Workers' Compensation Act or
10 Occupational Disease Act as a result of injuries sustained or
11 illness contracted in the course of employment with the State
12 of Illinois, or (3) is not otherwise covered under this Act
13 and has retired as a participating member under Article 2 of
14 the Illinois Pension Code but is ineligible for the
15 retirement annuity under Section 2-119 of the Illinois
16 Pension Code. However, a person who satisfies the criteria
17 of the foregoing definition of "employee" except that such
18 person is made ineligible to participate in the State
19 Universities Retirement System by clause (4) of the first
20 paragraph of Section 15-107 of the Illinois Pension Code is
21 also an "employee" for the purposes of this Act. "Employee"
22 also includes any person receiving or eligible for benefits
23 under a sick pay plan established in accordance with Section
24 36 of the State Finance Act. "Employee" also includes each
25 officer or employee in the service of a qualified local
26 government, including persons appointed as trustees of
27 sanitary districts regardless of hours devoted to the service
28 of the sanitary district, and each employee in the service of
29 a qualified rehabilitation facility and each full-time
30 employee in the service of a qualified domestic violence
31 shelter or service, as determined according to rules
32 promulgated by the Director.
33 (l) "Member" means an employee, annuitant, retired
34 employee or survivor.
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1 (m) "Optional coverages or benefits" means those
2 coverages or benefits available to the member on his or her
3 voluntary election, and at his or her own expense.
4 (n) "Program" means the group life insurance, health
5 benefits and other employee benefits designed and contracted
6 for by the Director under this Act.
7 (o) "Health plan" means a self-insured health insurance
8 program offered by the State of Illinois for the purposes of
9 benefiting employees by means of providing, among others,
10 wellness programs, utilization reviews, second opinions and
11 medical fee reviews, as well as for paying for hospital and
12 medical care up to the maximum coverage provided by the plan,
13 to its members and their dependents.
14 (p) "Retired employee" means any person who would be an
15 annuitant as that term is defined herein but for the fact
16 that such person retired prior to January 1, 1966. Such term
17 also includes any person formerly employed by the University
18 of Illinois in the Cooperative Extension Service who would be
19 an annuitant but for the fact that such person was made
20 ineligible to participate in the State Universities
21 Retirement System by clause (4) of the first paragraph of
22 Section 15-107 of the Illinois Pension Code.
23 (q) "Survivor" means a person receiving an annuity as a
24 survivor of an employee or of an annuitant. "Survivor" also
25 includes: (1) the surviving dependent of a person who
26 satisfies the definition of "employee" except that such
27 person is made ineligible to participate in the State
28 Universities Retirement System by clause (4) of the first
29 paragraph of Section 15-107 of the Illinois Pension Code; and
30 (2) the surviving dependent of any person formerly employed
31 by the University of Illinois in the Cooperative Extension
32 Service who would be an annuitant except for the fact that
33 such person was made ineligible to participate in the State
34 Universities Retirement System by clause (4) of the first
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1 paragraph of Section 15-107 of the Illinois Pension Code.
2 (r) "Medical services" means the services provided
3 within the scope of their licenses by practitioners in all
4 categories licensed under the Medical Practice Act of 1987.
5 (s) "Unit of local government" means any county,
6 municipality, township, school district, special district or
7 other unit, designated as a unit of local government by law,
8 which exercises limited governmental powers or powers in
9 respect to limited governmental subjects, any not-for-profit
10 association with a membership that primarily includes
11 townships and township officials, that has duties that
12 include provision of research service, dissemination of
13 information, and other acts for the purpose of improving
14 township government, and that is funded wholly or partly in
15 accordance with Section 85-15 of the Township Code; any
16 not-for-profit corporation or association, with a membership
17 consisting primarily of municipalities, that operates its own
18 utility system, and provides research, training,
19 dissemination of information, or other acts to promote
20 cooperation between and among municipalities that provide
21 utility services and for the advancement of the goals and
22 purposes of its membership; and the Illinois Association of
23 Park Districts. "Qualified local government" means a unit of
24 local government approved by the Director and participating
25 in a program created under subsection (i) of Section 10 of
26 this Act.
27 (t) "Qualified rehabilitation facility" means any
28 not-for-profit organization that is accredited by the
29 Commission on Accreditation of Rehabilitation Facilities or
30 certified by the Department of Human Services (as successor
31 to the Department of Mental Health and Developmental
32 Disabilities) to provide services to persons with
33 disabilities and which receives funds from the State of
34 Illinois for providing those services, approved by the
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1 Director and participating in a program created under
2 subsection (j) of Section 10 of this Act.
3 (u) "Qualified domestic violence shelter or service"
4 means any Illinois domestic violence shelter or service and
5 its administrative offices funded by the Department of Human
6 Services (as successor to the Illinois Department of Public
7 Aid), approved by the Director and participating in a program
8 created under subsection (k) of Section 10.
9 (v) "TRS benefit recipient" means a person who:
10 (1) is not a "member" as defined in this Section;
11 and
12 (2) is receiving a monthly benefit or retirement
13 annuity under Article 16 of the Illinois Pension Code;
14 and
15 (3) either (i) has at least 8 years of creditable
16 service under Article 16 of the Illinois Pension Code, or
17 (ii) was enrolled in the health insurance program offered
18 under that Article on January 1, 1996, or (iii) is the
19 survivor of a benefit recipient who had at least 8 years
20 of creditable service under Article 16 of the Illinois
21 Pension Code or was enrolled in the health insurance
22 program offered under that Article on the effective date
23 of this amendatory Act of 1995, or (iv) is a recipient or
24 survivor of a recipient of a disability benefit under
25 Article 16 of the Illinois Pension Code.
26 (w) "TRS dependent beneficiary" means a person who:
27 (1) is not a "member" or "dependent" as defined in
28 this Section; and
29 (2) is a TRS benefit recipient's: (A) spouse, (B)
30 dependent parent who is receiving at least half of his or
31 her support from the TRS benefit recipient, or (C)
32 unmarried natural or adopted child who is (i) under age
33 19, or (ii) enrolled as a full-time student in an
34 accredited school, financially dependent upon the TRS
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1 benefit recipient, eligible as a dependent for Illinois
2 State income tax purposes, and either is under age 24 or
3 was, on January 1, 1996, participating as a dependent
4 beneficiary in the health insurance program offered under
5 Article 16 of the Illinois Pension Code, or (iii) age 19
6 or over who is mentally or physically handicapped as
7 defined in the Illinois Insurance Code.
8 (x) "Military leave with pay and benefits" refers to
9 individuals in basic training for reserves, special/advanced
10 training, annual training, emergency call up, or activation
11 by the President of the United States with approved pay and
12 benefits.
13 (y) "Military leave without pay and benefits" refers to
14 individuals who enlist for active duty in a regular component
15 of the U.S. Armed Forces or other duty not specified or
16 authorized under military leave with pay and benefits.
17 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-21-95;
18 89-25, eff. 6-21-95; 89-76, eff. 7-1-95; 89-324, eff.
19 8-13-95; 89-430, eff. 12-15-95; 89-502, eff. 7-1-96; 89-507,
20 eff. 7-1-97; 89-628, eff. 8-9-96; revised 8-23-96.)
21 (5 ILCS 375/6.7)
22 Sec. 6.7. Woman's health care provider. The program of
23 health benefits is subject to the provisions of Section 356r
24 of the Illinois Insurance Code.
25 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
26 (5 ILCS 375/6.8)
27 Sec. 6.8. 6.7. Post-parturition care. The program of
28 health benefits shall provide the post-parturition care
29 benefits required to be covered by a policy of accident and
30 health insurance under Section 356s 356r of the Illinois
31 Insurance Code.
32 (Source: P.A. 89-513, eff. 7-17-96; revised 7-24-96.)
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1 Section 2-25. The Alcoholism and Other Drug Abuse and
2 Dependency Act is amended by changing Section 1-10 as
3 follows:
4 (20 ILCS 301/1-10)
5 Sec. 1-10. Definitions. As used in this Act, unless the
6 context clearly indicates otherwise, the following words and
7 terms have the following meanings:
8 "Act" means the Alcoholism and Other Drug Abuse and
9 Dependency Act.
10 "Addict" means a person who exhibits the disease known as
11 "addiction".
12 "Addiction" means a disease process characterized by the
13 continued use of a specific psycho-active substance despite
14 physical, psychological or social harm. The term also
15 describes the advanced stages of chemical dependency.
16 "Administrator" means a person responsible for
17 administration of a program.
18 "Alcoholic" means a person who exhibits the disease known
19 as "alcoholism".
20 "Alcoholism" means a chronic and progressive disease or
21 illness characterized by preoccupation with and loss of
22 control over the consumption of alcohol, and the use of
23 alcohol despite adverse consequences. Typically,
24 combinations of the following tendencies are also present:
25 periodic or chronic intoxication; physical disability;
26 impaired emotional, occupational or social adjustment;
27 tendency toward relapse; a detrimental effect on the
28 individual, his family and society; psychological dependence;
29 and physical dependence. Alcoholism is also known as
30 addiction to alcohol. Alcoholism is described and further
31 categorized in clinical detail in the DSM and the ICD.
32 "Array of services" means assistance to individuals,
33 families and communities in response to alcohol or other drug
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1 abuse or dependency. The array of services includes, but is
2 not limited to: prevention assistance for communities and
3 schools; case finding, assessment and intervention to help
4 individuals stop abusing alcohol or other drugs; case
5 management; detoxification to aid individuals in physically
6 withdrawing from alcohol or other drugs; short-term and
7 long-term treatment and support services to help individuals
8 and family members begin the process of recovery;
9 prescription and dispensing of the drug methadone or other
10 medications as an adjunct to treatment; relapse prevention
11 services; education and counseling for children or other
12 co-dependents of alcoholics or other drug abusers or addicts.
13 "Case management" means those services which will assist
14 individuals in gaining access to needed social, educational,
15 medical, treatment and other services.
16 "Children of alcoholics or drug addicts or abusers of
17 alcohol and other drugs" means the minor or adult children of
18 individuals who have abused or been dependent upon alcohol or
19 other drugs. These children may or may not become dependent
20 upon alcohol or other drugs themselves; however, they are
21 physically, psychologically, and behaviorally at high risk of
22 developing the illness. Children of alcoholics and other
23 drug abusers experience emotional and other problems, and
24 benefit from prevention and treatment services provided by
25 funded and non-funded agencies licensed by the Department.
26 "Co-dependents" means individuals who are involved in the
27 lives of and are affected by people who are dependent upon
28 alcohol and other drugs. Co-dependents compulsively engage
29 in behaviors that cause them to suffer adverse physical,
30 emotional, familial, social, behavioral, vocational, and
31 legal consequences as they attempt to cope with the alcohol
32 or drug dependent person. People who become co-dependents
33 include spouses, parents, siblings, and friends of alcohol or
34 drug dependent people. Co-dependents benefit from prevention
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1 and treatment services provided by agencies licensed by the
2 Department.
3 "Controlled substance" means any substance or immediate
4 precursor which is enumerated in the schedules of Article II
5 of the Illinois Controlled Substances Act or the Cannabis
6 Control Act.
7 "Crime of violence" means any of the following crimes:
8 murder, voluntary manslaughter, criminal sexual assault,
9 aggravated criminal sexual assault, predatory criminal sexual
10 assault of a child, armed robbery, arson, kidnapping,
11 aggravated battery, aggravated arson, or any other felony
12 which involves the use or threat of physical force or
13 violence against another individual.
14 "Department" means the Illinois Department of Human
15 Services as successor to the former Department of Alcoholism
16 and Substance Abuse.
17 "Designated program" means a program designated by the
18 Department to provide services described in subsection (c) or
19 (d) of Section 15-10 of this Act. A designated program's
20 primary function is screening, assessing, referring and
21 tracking clients identified by the criminal justice system,
22 and the program agrees to apply statewide the standards,
23 uniform criteria and procedures established by the Department
24 pursuant to such designation.
25 "Detoxification" means the process of allowing an
26 individual to safely withdraw from a drug in a controlled
27 environment.
28 "DSM" means the most current edition of the Diagnostic
29 and Statistical Manual of Mental Disorders.
30 "D.U.I." means driving under the influence of alcohol or
31 other substances which may cause impairment of driving
32 ability.
33 "Facility" means the building or premises which are used
34 for the provision of licensable program services, including
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1 support services, as set forth by rule.
2 "ICD" means the most current edition of the International
3 Classification of Diseases.
4 "Incapacitated" means that a person is unconscious or
5 otherwise exhibits, by overt behavior or by extreme physical
6 debilitation, an inability to care for his own needs or to
7 recognize the obvious danger of his situation or to make
8 rational decisions with respect to his need for treatment.
9 "Intermediary person" means a person with expertise
10 relative to addiction, alcoholism, and the abuse of alcohol
11 or other drugs who may be called on to assist the police in
12 carrying out enforcement or other activities with respect to
13 persons who abuse or are dependent on alcohol or other drugs.
14 "Intervention" means readily accessible activities which
15 assist individuals and their partners or family members in
16 coping with the immediate problems of alcohol and other drug
17 abuse or dependency, and in reducing their alcohol and other
18 drug use. Intervention can facilitate emotional and social
19 stability, and involves referring people for further
20 treatment as needed.
21 "Intoxicated person" means a person whose mental or
22 physical functioning is substantially impaired as a result of
23 the current effects of alcohol or other drugs within the
24 body.
25 "Local advisory council" means an alcohol and substance
26 abuse body established in a county, township or community
27 area, which represents public and private entities having an
28 interest in the prevention and treatment of alcoholism or
29 other drug abuse.
30 "Off-site services" means licensable program services or
31 activities which are conducted at a location separate from
32 the primary service location of the provider, and which
33 services are operated by a program or entity licensed under
34 this Act.
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1 "Person" means any individual, firm, group, association,
2 partnership, corporation, trust, government or governmental
3 subdivision or agency.
4 "Prevention" means an interactive process of individuals,
5 families, schools, religious organizations, communities and
6 regional, state and national organizations to reduce
7 alcoholism, prevent the use of illegal drugs and the abuse of
8 legal drugs by persons of all ages, prevent the use of
9 alcohol by minors, build the capacities of individuals and
10 systems, and promote healthy environments, lifestyles and
11 behaviors.
12 "Program" means a licensable or fundable activity or
13 service, or a coordinated range of such activities or
14 services, as the Department may establish by rule.
15 "Recovery" means the long-term, often life-long, process
16 in which an addicted person changes the way in which he makes
17 decisions and establishes personal and life priorities. The
18 evolution of this decision-making and priority-setting
19 process is generally manifested by an obvious improvement in
20 the individual's life and lifestyle and by his overcoming the
21 abuse of or dependence on alcohol or other drugs. Recovery
22 is also generally manifested by prolonged periods of
23 abstinence from addictive chemicals which are not medically
24 supervised. Recovery is the goal of treatment.
25 "Rehabilitation" means a process whereby those clinical
26 services necessary and appropriate for improving an
27 individual's life and lifestyle and for overcoming his or her
28 abuse of or dependency upon alcohol or other drugs, or both,
29 are delivered in an appropriate setting and manner as defined
30 in rules established by the Department.
31 "Relapse" means a process which is manifested by a
32 progressive pattern of behavior that reactivates the symptoms
33 of a disease or creates debilitating conditions in an
34 individual who has experienced remission from addiction or
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1 alcoholism.
2 "Secretary" means the Secretary of Human Services or his
3 or her designee.
4 "Substance abuse" or "abuse" means a pattern of use of
5 alcohol or other drugs with the potential of leading to
6 immediate functional problems or to alcoholism or other drug
7 dependency, or to the use of alcohol and/or other drugs
8 solely for purposes of intoxication. The term also means the
9 use of illegal drugs by persons of any age, and the use of
10 alcohol by persons under the age of 21.
11 "Treatment" means the broad range of emergency,
12 outpatient, intermediate and residential services and care
13 (including assessment, diagnosis, medical, psychiatric,
14 psychological and social services, care and counseling, and
15 aftercare) which may be extended to individuals who abuse or
16 are dependent on alcohol or other drugs or families of those
17 persons.
18 (Source: P.A. 88-80; 89-202, eff. 7-21-95; 89-428, eff.
19 12-13-95; 89-462, eff. 5-29-96; 89-507, eff. 7-1-97; revised
20 9-10-96.)
21 Section 2-30. The Children and Family Services Act is
22 amended by changing Section 18a-13 as follows:
23 (20 ILCS 505/18a-13) (from Ch. 23, par. 5018a-13)
24 (Section scheduled to be repealed on December 31, 1997)
25 Sec. 18a-13. Interagency Authority on Residential
26 Facilities for Children.
27 (a) There is hereby created the Interagency Authority on
28 Residential Facilities for Children.
29 (b) The Authority shall be composed of the Secretary of
30 Human Services (or his or her designee) and 2 additional
31 representatives of the Department of Human Services
32 designated by the Secretary; plus the Directors, or their
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1 designees, of the following State agencies:
2 (1) Department of Children and Family Services,
3 (2) Department of Corrections,
4 (3) Illinois State Board of Education,
5 (4) Department of Public Aid, and
6 (5) Residential Services Authority;
7 plus 5 people appointed by the Governor from State and
8 community public and private providers and funders. These 5
9 people shall be experienced and knowledgeable concerning
10 out-of-home placement options for children. No more than 2
11 of the appointees can be from the public sector. Members of
12 the Authority shall serve without compensation. No monies
13 shall be appropriated for the purpose of providing operating
14 expenses for the Authority. The Department of Human Services
15 and the other departments listed in this subsection (b) shall
16 provide staffing and support costs.
17 (c) The Chairperson of the Authority shall be the
18 Director of Children and Family Services or his designee.
19 The first meeting of the Authority shall be within 30 days of
20 the effective date of this amendatory Act of 1991. At the
21 first meeting the Authority shall elect a vice-chairperson
22 from its membership.
23 (d) The Authority shall have the responsibility for
24 developing a long-term plan for providing adequate
25 residential facilities for the care of children who cannot be
26 served in their own homes and whose needs cannot be met by
27 foster family home services or other similar substitute care
28 arrangements. The Authority shall examine, among other
29 items, the feasibility of increasing the capacity or number
30 of residential care facilities in the State consistent with
31 the principles that services in the home and community and
32 the least restrictive alternatives guide the State service
33 system for children. If it is determined that there should
34 be an increase in the number of residential facilities,
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1 campus type settings shall be considered.
2 (e) The Authority also has the responsibility for the
3 following:
4 (1) The annual collection of information from State
5 agencies in regard to the number of children placed in
6 out-of-State settings, including placements made by local
7 school districts that are reimbursed pursuant to the
8 School Code.
9 (2) Reporting on an annual basis the cost of all
10 out-of-State placements of children made by State
11 agencies or local school districts.
12 (3) Reviewing the current rate structures for
13 payment of services for in-State and out-of-State
14 residential placements of children and recommending
15 appropriate incentives that would encourage the
16 development of necessary in-State services.
17 (4) Promoting the establishment of State
18 inter-agency pilot programs which provide for a continuum
19 of placements, including short-term local residential
20 placements and other alternatives to out-of-State
21 placements.
22 (f) The Authority shall present a proposal to the
23 Governor, the President of the Senate, the Minority Leader of
24 the Senate, the Speaker of the House and the Minority Leader
25 of the House within one year of its first meeting.
26 (g) This Section is repealed effective December 31,
27 1997. The changes made to this Section by this amendatory Act
28 of 1996 are not intended to revive this Section in the event
29 of its repeal.
30 (Source P.A. 88-487; 88-597, eff. 8-28-94; 89-21, eff.
31 7-1-95; 89-507, eff. 7-1-97; 89-648, eff. 8-9-96; revised
32 9-12-96)
33 Section 2-35. The Department of Natural Resources Act is
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1 amended by setting forth and renumbering multiple versions of
2 Section 5-10 as follows:
3 (20 ILCS 801/5-10)
4 Sec. 5-10. Additional powers. With respect to the water
5 resources of the State, the Office of Water Resources shall
6 have the following powers:
7 (a) To study and investigate ways and means by which the
8 various water uses may be coordinated to the end that the
9 water resources of the State be put to their maximum
10 beneficial use and, in connection therewith, to request any
11 department or agency of the State to make surveys, studies,
12 investigations, prepare plans, reports and furnish such data
13 and information as may be necessary.
14 (b) To coordinate, determine and provide ways and means
15 for the equitable reconciliation and adjustment of the
16 various conflicting claims and rights to water by users or
17 uses.
18 (c) To recommend legislation for the most feasible
19 method or methods of conserving water resources and putting
20 them to the maximum possible use, taking into account the
21 problems of navigation, flood control, river flow control and
22 stabilization, reclamation, drainage and recapture, and
23 further utilization of water after use for any purpose,
24 domestic and industrial use, irrigation of land, municipal
25 use, development of electric energy, public health,
26 recreational, fish and game life, and other beneficial use.
27 (d) To undertake regulatory flood hazard mapping within
28 this State.
29 (e) To inspect and prescribe standards of repair,
30 maintenance and improvement of the facilities and properties
31 of the Metro-East Sanitary District.
32 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 801/15-10)
2 Sec. 15-10. 5-10. Board of Natural Resources and
3 Conservation.
4 (a) Within the Department there shall be a Board of
5 Natural Resources and Conservation, composed of 8 persons.
6 The Board shall be composed of the Director of Natural
7 Resources (or the Director's designee), who shall be
8 chairman; the president of the University of Illinois, or his
9 or her representative; the president of Southern Illinois
10 University, or his or her representative; and one appointed
11 expert each in animal biology, geology, engineering,
12 chemistry, and plant biology, qualified by at least 10 years
13 of experience in practicing or teaching their several
14 professions. Appointed members of the Board shall be
15 appointed by the Governor, with the advice and consent of the
16 Senate.
17 The transfer of the Board to the Department under this
18 Act does not terminate or otherwise affect the term of
19 membership of any member of the Board, except for the change
20 in chairman.
21 (b) The Board, acting through 5 or more subcommittees,
22 each of which shall be composed of the Director of Natural
23 Resources, the president of the University of Illinois or his
24 representative, the president of Southern Illinois University
25 or his representative, and the expert advisor specially
26 qualified in the field of investigation, shall:
27 (1) consider and decide matters pertaining to
28 natural history, geology, water and atmospheric
29 resources, forestry, and allied research, investigation,
30 and scientific work;
31 (2) select and appoint, without reference to the
32 State civil service law, members of the scientific staff,
33 prosecuting such research, investigation, and scientific
34 work;
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1 (3) cooperate with the University of Illinois in
2 the use of scientific staff and equipment; and
3 (4) cooperate with the various departments of State
4 government in research, investigation, and scientific
5 work useful in the prosecution of the work of any
6 department.
7 (Source: P.A. 89-445, eff. 2-7-96; revised 3-7-96.)
8 Section 2-40. The Civil Administrative Code of Illinois
9 is amended by changing Section 71 as follows:
10 (20 ILCS 2005/71) (from Ch. 127, par. 63b17)
11 Sec. 71. A. The Department of Nuclear Safety shall
12 exercise, administer and enforce all rights, powers and
13 duties vested in the Department of Public Health by the
14 following named Acts or Sections thereof:
15 1. The Radiation Installation Act.
16 2. The Radiation Protection Act of 1990.
17 3. The Radioactive Waste Storage Act.
18 4. The Personnel Radiation Monitoring Act.
19 5. The Laser System Act.
20 6. The Illinois Nuclear Safety Preparedness Act.
21 B. All the rights, powers and duties vested in the
22 Director of Public Health by "An Act to create the Illinois
23 Commission on Atomic Energy, defining the powers and duties
24 of the Commission, and making an appropriation therefor",
25 effective September 10, 1971, as amended, are transferred to
26 the Director of Nuclear Safety. The Director of Nuclear
27 Safety, after the effective date this amendatory Act of 1980,
28 shall serve as an ex officio member of the Illinois
29 Commission on Atomic Energy in the place and stead of the
30 Director of Public Health.
31 C. The Department of Nuclear Safety shall exercise,
32 administer and enforce all rights, powers and duties:
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1 1. Vested in the Office of the State Fire Marshal
2 by the Boiler and Pressure Vessel Safety Act, to the
3 extent the rights, powers, and duties relate to nuclear
4 steam-generating facilities.
5 2. As relating to nuclear steam-generating
6 facilities, vested in the Board of Boiler and Pressure
7 Vessel Rules by the Boiler and Pressure Vessel Safety
8 Act, which includes but are not limited to the
9 formulation of definitions, rules and regulations for the
10 safe and proper construction, installation, repair, use,
11 and operation of nuclear steam-generating facilities, the
12 adoption of rules for already installed nuclear
13 steam-generating facilities, the adoption of rules for
14 accidents in nuclear steam-generating facilities, the
15 examination for or suspension of inspectors' licenses of
16 the facilities and the hearing of appeals from decisions
17 relating to the facilities.
18 3. As relating to nuclear steam-generating
19 facilities, vested in the State Fire Marshal or the Chief
20 Inspector by the Boiler and Pressure Vessel Safety Act,
21 which include but are not limited to the employment of
22 inspectors of nuclear steam-generating facilities,
23 issuance or suspension of their commissions, prosecution
24 of the Act or rules promulgated thereunder for violations
25 by nuclear steam-generating facilities, maintenance of
26 inspection records of all the facilities, publication of
27 rules relating to the facilities, having free access to
28 the facilities, issuance of inspection certificates of
29 the facilities and the furnishing of bonds conditioned
30 upon the faithful performance of their duties. The
31 Director of Nuclear Safety may designate a Chief
32 Inspector, or other inspectors, as he deems necessary to
33 perform the functions transferred by this subsection C.
34 The transfer of rights, powers, and duties specified in
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1 the immediately preceding paragraphs 1, 2, and 3 is limited
2 to the program transferred by this amendatory Act of 1980 and
3 shall not be deemed to abolish or diminish the exercise of
4 those same rights, powers, and duties by the Office of the
5 State Fire Marshal, the Board of Boiler and Pressure Vessel
6 Rules, the State Fire Marshal, or the Chief Inspector with
7 respect to programs retained by the Office of the State Fire
8 Marshal.
9 D. The Department of Nuclear Safety shall exercise,
10 administer, and enforce all rights, powers and duties vested
11 in the Environmental Protection Agency by paragraphs a, b, c,
12 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
13 and Sections 30-45 inclusive of the Environmental Protection
14 Act, to the extent that these powers relate to standards of
15 the Pollution Control Board adopted under subsection K of
16 this Section. The transfer of rights, powers, and duties
17 specified in this paragraph is limited to the program
18 transferred by this amendatory Act of 1980 and shall not be
19 deemed to abolish or diminish the exercise of those same
20 rights, powers, and duties by the Environmental Protection
21 Agency with respect to programs retained by the Environmental
22 Protection Agency.
23 E. The Department of Nuclear Safety, in lieu of the
24 Department of Public Health, shall register, license,
25 inspect, and control radiation sources and shall purchase,
26 lease, accept, or acquire lands, buildings and grounds where
27 radioactive wastes can be disposed, and to supervise and
28 regulate the operation of the disposal sites.
29 F. The Department of Nuclear Safety shall have primary
30 responsibility to formulate a comprehensive emergency
31 preparedness and response plan for any nuclear accident, and
32 shall develop such a plan in cooperation with the Illinois
33 Emergency Management Agency. The Department of Nuclear Safety
34 shall also train and maintain an emergency response team.
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1 G. The Department of Nuclear Safety shall formulate a
2 comprehensive plan regarding the transportation of nuclear
3 and radioactive materials in Illinois. The Department shall
4 have primary responsibility for all State governmental
5 regulation of the transportation of nuclear and radioactive
6 materials, insofar as the regulation pertains to the public
7 health and safety. This responsibility shall include but not
8 be limited to the authority to oversee and coordinate
9 regulatory functions performed by the Department of
10 Transportation, the Department of State Police, and the
11 Illinois Commerce Commission.
12 H. The Department of Nuclear Safety shall formulate a
13 comprehensive plan regarding disposal of nuclear and
14 radioactive materials in this State. The Department shall
15 establish minimum standards for disposal sites, shall
16 evaluate and publicize potential effects on the public health
17 and safety, and shall report to the Governor and General
18 Assembly all violations of the adopted standards. In
19 carrying out this function, the Department of Nuclear Safety
20 shall work in cooperation with the Illinois Commission on
21 Atomic Energy and the Radiation Protection Advisory Council.
22 I. The Department of Nuclear Safety, in cooperation with
23 the Department of Natural Resources, shall study (a) the
24 impact and cost of nuclear power and compare these to the
25 impact and cost of alternative sources of energy, (b) the
26 potential effects on the public health and safety of all
27 radioactive emissions from nuclear power plants, and (c) all
28 other factors that bear on the use of nuclear power or on
29 nuclear safety. The Department shall formulate a general
30 nuclear policy for the State based on the findings of the
31 study. The policy shall include but not be limited to the
32 feasibility of continued use of nuclear power, effects of the
33 use of nuclear power on the public health and safety, minimum
34 acceptable standards for the location of any future nuclear
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1 power plants, and rules and regulations for the reporting by
2 public utilities of radioactive emissions from power plants.
3 The Department shall establish a reliable system for
4 communication between the public and the Department and for
5 dissemination of information by the Department. The
6 Department shall publicize the findings of all studies and
7 make the publications reasonably available to the public.
8 J. The Department of Nuclear Safety shall have primary
9 responsibility for the coordination and oversight of all
10 State governmental functions concerning the regulation of
11 nuclear power, including low level waste management,
12 environmental monitoring, and transportation of nuclear
13 waste. Functions performed on the effective date of this
14 amendatory Act of 1980 by the Department of State Police,
15 Department of Transportation, and the Illinois Emergency
16 Management Agency in the area of nuclear safety may continue
17 to be performed by these agencies but under the direction of
18 the Department of Nuclear Safety. All other governmental
19 functions regulating nuclear safety shall be coordinated by
20 Department of Nuclear Safety.
21 K. The Department of Nuclear Safety shall enforce the
22 regulations promulgated by the Pollution Control Board under
23 Section 25b of the Environmental Protection Act. Under these
24 regulations the Department shall require that a person,
25 corporation, or public authority intending to construct a
26 nuclear steam-generating facility or a nuclear fuel
27 reprocessing plant file with the Department an environmental
28 feasibility report that incorporates the data provided in the
29 preliminary safety analysis required to be filed with the
30 United States Nuclear Regulatory Commission.
31 L. Personnel previously assigned to the programs
32 transferred from the Department of Public Health and the
33 Office of the State Fire Marshal are hereby transferred to
34 the Department of Nuclear Safety. The rights of the
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1 employees, the State, and executive agencies under the
2 Personnel Code or any collective bargaining agreement, or
3 under any pension, retirement, or annuity plan shall not be
4 affected by this amendatory Act of 1980.
5 M. All books, records, papers, documents, property (real
6 or personal), unexpended appropriations and pending business
7 in any way pertaining to the rights, powers, and duties
8 transferred by this amendatory Act of 1980 shall be delivered
9 and transferred to the Department of Nuclear Safety.
10 N. All files, records, and data gathered by or under the
11 direction or authority of the Director under this Act shall
12 be made available to the Department of Public Health under
13 the Illinois Health and Hazardous Substances Registry Act.
14 O. The Department shall not issue or renew to any
15 individual any accreditation, certification, or registration
16 (but excluding registration under the Radiation Installation
17 Act) otherwise issued by the Department if the individual has
18 defaulted on an educational loan guaranteed by the Illinois
19 Student Assistance Commission; however, the Department may
20 issue or renew an accreditation, certification, or
21 registration if the individual has established a satisfactory
22 repayment record as determined by the Illinois Student
23 Assistance Commission. Additionally, any accreditation,
24 certification, or registration issued by the Department (but
25 excluding registration under the Radiation Installation Act)
26 may be suspended or revoked if the Department, after the
27 opportunity for a hearing under the appropriate
28 accreditation, certification, or registration Act, finds that
29 the holder has failed to make satisfactory repayment to the
30 Illinois Student Assistance Commission for a delinquent or
31 defaulted loan. For purposes of this Section, "satisfactory
32 repayment record" shall be defined by rule.
33 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
34 revised 3-11-96.)
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1 Section 2-45. The Civil Administrative Code of Illinois
2 is amended by setting forth and renumbering multiple versions
3 of Section 60.2 as follows:
4 (20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
5 Sec. 60.2. Annual report. The Department of
6 Professional Regulation shall prepare and file with the
7 General Assembly during the second week of January in each
8 calendar year a written report setting forth with respect to
9 each professional, trade, or occupational school that is
10 regulated by the Department and that may not lawfully be
11 operated without a certificate of registration issued by the
12 Department:
13 (1) The number of written or verified complaints, by
14 license category, made or filed with the Department during
15 the immediately preceding calendar year alleging the
16 violation of any licensing Act administered by the
17 Department.
18 (2) The name and address of each such school with
19 respect to which or with respect to a representative of which
20 the Department, during the immediately preceding calendar
21 year, refused to issue or renew a certificate of registration
22 required for lawful operation of the school and the reasons
23 for that refusal.
24 (3) The name and address of each such school with
25 respect to which or with respect to a representative of which
26 the certificate of registration required for lawful
27 operation of the school was suspended, revoked, placed on
28 probation, reprimanded, or otherwise disciplined during the
29 immediately preceding calendar year and the reasons for that
30 discipline.
31 (4) The name and location of each such school at which
32 the Department made any on site inspection at any time during
33 the immediately preceding calendar year and the date or dates
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1 on which each such on site visit was made at that school.
2 (Source: P.A. 87-1008.)
3 (20 ILCS 2105/60.3)
4 Sec. 60.3. 60.2. Publication of disciplinary actions.
5 The Department shall publish, at least monthly, final
6 disciplinary actions taken by the Department against a
7 licensee or applicant pursuant to the Medical Practice Act of
8 1987. The specific disciplinary action and the name of the
9 applicant or licensee shall be listed. This publication
10 shall be made available to the public upon request and
11 payment of the fees set by the Department. This publication
12 may be made available to the public on the Internet through
13 the State of Illinois World Wide Web site.
14 (Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
15 Section 2-50. The Illinois Development Finance Authority
16 Act is amended by renumbering Sections 7-84, 7-85, and 7-86
17 as follows:
18 (20 ILCS 3505/7.84) (from Ch. 48, par. 850.07z24)
19 Sec. 7.84. 7-84. Additional security. In the event that
20 the Authority determines that funds pledged, intercepted or
21 otherwise received or to be received by the Authority under
22 Section 7.83 of this Act will not be sufficient for the
23 payment of the principal, premium, if any, and interest
24 during the next State fiscal year on any bonds issued by the
25 Authority under Sections 7.80 through 7.87, the Chairman, as
26 soon as is practicable, shall certify to the Governor the
27 amount required by the Authority to enable it to pay the
28 principal, premium, if any, and interest falling due on such
29 bonds. The Governor shall submit the amount so certified to
30 the General Assembly as soon as practicable, but no later
31 than the end of the current State fiscal year. This
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1 paragraph shall not apply to any bonds as to which the
2 Authority shall have determined, in the resolution
3 authorizing their issuance, that this paragraph shall not
4 apply. Whenever the Authority makes such a determination,
5 that fact shall be plainly stated on the face of such bonds
6 and that fact shall also be reported to the Governor.
7 In the event of a withdrawal of moneys from a debt
8 service reserve fund established with respect to any issue or
9 issues of bonds of the Authority to pay principal and
10 interest on those bonds, the Chairman, as soon as is
11 practicable, shall certify to the Governor the amount
12 required to restore such reserve fund to the level required
13 in the resolution or indenture securing the bonds. The
14 Governor shall submit the amount so certified to the General
15 Assembly as soon as practicable, but not later than the end
16 of the current State fiscal year.
17 (Source: P.A. 86-1211; 87-778; revised 2-7-97.)
18 (20 ILCS 3505/7.85) (from Ch. 48, par. 850.07z25)
19 Sec. 7.85. 7-85. Eligible Investments. Bonds issued by
20 the Authority pursuant to Sections 7.80 through 7.87 shall be
21 permissible investments within the provisions of Section 12.
22 (Source: P.A. 86-1211; revised 2-7-97.)
23 (20 ILCS 3505/7.86) (from Ch. 48, par. 850.07z26)
24 Sec. 7.86. 7-86. Tax exemption. The exercise of the
25 powers granted in Sections 7.80 through 7.87 are in all
26 respects for the benefit of the people of Illinois, and in
27 consideration thereof the bonds issued pursuant to the
28 aforementioned Sections and the income therefrom shall be
29 free from all taxation by the State or its political
30 subdivisions, except for estate, transfer and inheritance
31 taxes. For purposes of Section 250 of the Illinois Income
32 Tax Act, the exemption of the income from bonds issued under
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1 the aforementioned Sections shall terminate after all of the
2 bonds have been paid. The amount of such income that shall
3 be added and then subtracted on the Illinois income tax
4 return of a taxpayer, pursuant to Section 203 of the Illinois
5 Income Tax Act, from federal adjusted gross income or federal
6 taxable income in computing Illinois base income shall be the
7 interest net of any bond premium amortization.
8 (Source: P.A. 89-460, eff. 5-24-96; revised 11-1-96.)
9 Section 2-55. The Illinois Health Facilities Planning
10 Act is amended by changing Sections 3 and 4 and setting forth
11 and renumbering multiple versions of Section 12.1 as follows:
12 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
13 Sec. 3. As used in this Act:
14 "Health care facilities" means and includes the following
15 facilities and organizations:
16 1. An ambulatory surgical treatment center required
17 to be licensed pursuant to the Ambulatory Surgical
18 Treatment Center Act;
19 2. An institution, place, building, or agency
20 required to be licensed pursuant to the Hospital
21 Licensing Act;
22 3. Any institution required to be licensed pursuant
23 to the Nursing Home Care Act;
24 4. Hospitals, nursing homes, ambulatory surgical
25 treatment centers, or kidney disease treatment centers
26 maintained by the State or any department or agency
27 thereof; and
28 5. Kidney disease treatment centers, including a
29 free-standing hemodialysis unit.
30 No federally owned facility shall be subject to the
31 provisions of this Act, nor facilities used solely for
32 healing by prayer or spiritual means.
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1 No facility licensed under the Supportive Residences
2 Licensing Act shall be subject to the provisions of this Act.
3 A facility designated as a supportive living facility
4 that is in good standing with the demonstration project
5 established under Section 5-5.01a of the Illinois Public Aid
6 Code shall not be subject to the provisions of this Act.
7 This Act does not apply to facilities granted waivers
8 under Section 3-102.2 of the Nursing Home Care Act. However,
9 if a demonstration project under that Act applies for a
10 certificate of need to convert to a nursing facility, it
11 shall meet the licensure and certificate of need requirements
12 in effect as of the date of application.
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
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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 "Establish" means the construction of a health care
24 facility or the replacement of an existing facility on
25 another site.
26 "Major medical equipment" means medical equipment which
27 is used for the provision of medical and other health
28 services and which costs in excess of the capital expenditure
29 minimum, except that such term does not include medical
30 equipment acquired by or on behalf of a clinical laboratory
31 to provide clinical laboratory services if the clinical
32 laboratory is independent of a physician's office and a
33 hospital and it has been determined under Title XVIII of the
34 Social Security Act to meet the requirements of paragraphs
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1 (10) and (11) of Section 1861(s) of such Act. In determining
2 whether medical equipment has a value in excess of the
3 capital expenditure minimum, the value of studies, surveys,
4 designs, plans, working drawings, specifications, and other
5 activities essential to the acquisition of such equipment
6 shall be included.
7 "Capital Expenditure" means an expenditure: (A) made by
8 or on behalf of a health care facility (as such a facility is
9 defined in this Act); and (B) which under generally accepted
10 accounting principles is not properly chargeable as an
11 expense of operation and maintenance, or is made to obtain by
12 lease or comparable arrangement any facility or part thereof
13 or any equipment for a facility or part; and which exceeds
14 the capital expenditure minimum.
15 For the purpose of this paragraph, the cost of any
16 studies, surveys, designs, plans, working drawings,
17 specifications, and other activities essential to the
18 acquisition, improvement, expansion, or replacement of any
19 plant or equipment with respect to which an expenditure is
20 made shall be included in determining if such expenditure
21 exceeds the capital expenditures minimum. Donations of
22 equipment or facilities to a health care facility which if
23 acquired directly by such facility would be subject to review
24 under this Act shall be considered capital expenditures, and
25 a transfer of equipment or facilities for less than fair
26 market value shall be considered a capital expenditure for
27 purposes of this Act if a transfer of the equipment or
28 facilities at fair market value would be subject to review.
29 "Capital expenditure minimum" means $1,000,000 for major
30 medical equipment and $2,000,000 for all other capital
31 expenditures, both of which shall be annually adjusted to
32 reflect the increase in construction costs due to inflation.
33 "Areawide" means a major area of the State delineated on
34 a geographic, demographic, and functional basis for health
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1 planning and for health service and having within it one or
2 more local areas for health planning and health service. The
3 term "region", as contrasted with the term "subregion", and
4 the word "area" may be used synonymously with the term
5 "areawide".
6 "Local" means a subarea of a delineated major area that
7 on a geographic, demographic, and functional basis may be
8 considered to be part of such major area. The term
9 "subregion" may be used synonymously with the term "local".
10 "Areawide health planning organization" or "Comprehensive
11 health planning organization" means the health systems agency
12 designated by the Secretary, Department of Health and Human
13 Services or any successor agency.
14 "Local health planning organization" means those local
15 health planning organizations that are designated as such by
16 the areawide health planning organization of the appropriate
17 area.
18 "Physician" means a person licensed to practice in
19 accordance with the Medical Practice Act of 1987, as amended.
20 "Licensed health care professional" means a person
21 licensed to practice a health profession under pertinent
22 licensing statutes of the State of Illinois.
23 "Director" means the Director of the Illinois Department
24 of Public Health.
25 "Agency" means the Illinois Department of Public Health.
26 "Comprehensive health planning" means health planning
27 concerned with the total population and all health and
28 associated problems that affect the well-being of people and
29 that encompasses health services, health manpower, and health
30 facilities; and the coordination among these and with those
31 social, economic, and environmental factors that affect
32 health.
33 "Alternative health care model" means a facility or
34 program authorized under the Alternative Health Care Delivery
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1 Act.
2 (Source: P.A. 88-18; 89-499, eff. 6-28-96; 89-530, eff.
3 7-19-96; revised 8-15-96.)
4 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
5 Sec. 4. There is created the Health Facilities Planning
6 Board, which shall perform such functions as hereinafter
7 described in this Act.
8 The State Board shall consist of 15 voting members,
9 including: 8 consumer members; one member representing the
10 commercial health insurance industry in Illinois; one member
11 representing proprietary hospitals in Illinois; one member
12 who is actively engaged in the field of hospital management;
13 one member who is a professional nurse registered in
14 Illinois; one member who is a physician in active private
15 practice licensed in Illinois to practice medicine in all of
16 its branches; one member who is actively engaged in the field
17 of skilled nursing or intermediate care facility management;
18 and one member who is actively engaged in the administration
19 of an ambulatory surgical treatment center licensed under the
20 Ambulatory Surgical Treatment Center Act.
21 The State Board shall be appointed by the Governor, with
22 the advice and consent of the Senate. In making the
23 appointments, the Governor shall give consideration to
24 recommendations made by (1) the professional organizations
25 concerned with hospital management for the hospital
26 management appointment, (2) professional organizations
27 concerned with long term care facility management for the
28 long term care facility management appointment, (3)
29 professional medical organizations for the physician
30 appointment, (4) professional nursing organizations for the
31 nurse appointment, and (5) professional organizations
32 concerned with ambulatory surgical treatment centers for the
33 ambulatory surgical treatment center appointment, and shall
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1 appoint as consumer members individuals familiar with
2 community health needs but whose interest in the operation,
3 construction or utilization of health care facilities are
4 derived from factors other than those related to his
5 profession, business, or economic gain, and who represent, so
6 far as possible, different geographic areas of the State. Not
7 more than 8 of the appointments shall be of the same
8 political party.
9 The Secretary of Human Services, the Director of Public
10 Aid, and the Director of Public Health, or their designated
11 representatives, shall serve as ex-officio, non-voting
12 members of the State Board.
13 Of those appointed by the Governor as voting members,
14 each member shall hold office for a term of 3 years:
15 provided, that any member appointed to fill a vacancy
16 occurring prior to the expiration of the term for which his
17 predecessor was appointed shall be appointed for the
18 remainder of such term and the term of office of each
19 successor shall commence on July 1 of the year in which his
20 predecessor's term expires. In making original appointments
21 to the State Board, the Governor shall appoint 5 members for
22 a term of one year, 5 for a term of 2 years, and 3 for a term
23 of 3 years, and each of these terms of office shall commence
24 on July 1, 1974. The initial term of office for the members
25 appointed under this amendatory Act of 1996 shall begin on
26 July 1, 1996 and shall last for 2 years, and each subsequent
27 appointment shall be for a term of 3 years. Each member
28 shall hold office until his successor is appointed and
29 qualified.
30 State Board members, while serving on business of the
31 State Board, shall receive actual and necessary travel and
32 subsistence expenses while so serving away from their places
33 of residence. In addition, while serving on business of the
34 State Board, each member shall receive compensation of $150
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1 per day, except that such compensation shall not exceed
2 $7,500 in any one year for any member.
3 The State Board shall provide for its own organization
4 and procedures, including the selection of a Chairman and
5 such other officers as deemed necessary. The Director, with
6 concurrence of the State Board, shall name as full-time
7 Executive Secretary of the State Board, a person qualified in
8 health care facility planning and in administration. The
9 Agency shall provide administrative and staff support for the
10 State Board. The State Board shall advise the Director of
11 its budgetary and staff needs and consult with the Director
12 on annual budget preparation.
13 The State Board shall meet at least once each quarter, or
14 as often as the Chairman of the State Board deems necessary,
15 or upon the request of a majority of the members.
16 Eight members of the State Board shall constitute a
17 quorum. The affirmative vote of 8 of the members of the
18 State Board shall be necessary for any action requiring a
19 vote to be taken by the State Board. A vacancy in the
20 membership of the State Board shall not impair the right of a
21 quorum to exercise all the rights and perform all the duties
22 of the State Board as provided by this Act.
23 (Source: P.A. 88-490; 89-507, eff. 7-1-97; 89-674, eff.
24 8-14-96; revised 9-12-96.)
25 (20 ILCS 3960/12.1) (from Ch. 111 1/2, par. 1162.1)
26 Sec. 12.1. The State Board shall, by rule, define terms
27 and set those conditions necessary to implement the Health
28 Care Worker Self-Referral Act. The rules shall be
29 promulgated and adopted exclusively and solely by the State
30 Board.
31 (Source: P.A. 87-1207.)
32 (20 ILCS 3960/12.2)
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1 Sec. 12.2. 12.1. Powers of the Agency. For purposes of
2 this Act, the Agency shall exercise the following powers and
3 duties:
4 (1) Review applications for permits and exemptions in
5 accordance with the standards, criteria, and plans of need
6 established by the State Board under this Act and certify its
7 finding to the State Board.
8 (2) Charge and collect an amount determined by the State
9 Board to be reasonable fees for the processing of
10 applications by the State Board, the Agency, and the
11 appropriate recognized areawide health planning organization.
12 The State Board shall set the amounts by rule. All fees and
13 fines collected under the provisions of this Act shall be
14 deposited into the Illinois Health Facilities Planning Fund
15 to be used for the expenses of administering this Act.
16 (3) Coordinate with other State agencies having
17 responsibilities affecting health care facilities, including
18 those of licensure and cost reporting.
19 (Source: P.A. 89-276, eff. 8-10-95; revised 1-7-97.)
20 Section 2-65. The State Finance Act is amended by
21 setting forth and renumbering multiple versions of Sections
22 5.402, 5.432, and 5.433 and changing Section 25 as follows:
23 (30 ILCS 105/5.402)
24 Sec. 5.402. The Eastern Illinois University Income Fund.
25 (Source: P.A. 89-4, eff. 1-1-96; 89-626, eff. 8-9-96.)
26 (30 ILCS 105/5.432)
27 Sec. 5.432. The State D.A.R.E. Fund.
28 (Source: P.A. 89-621, eff. 1-1-97.)
29 (30 ILCS 105/5.433)
30 Sec. 5.433. The County D.A.R.E. Fund.
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1 (Source: P.A. 89-621, eff. 1-1-97.)
2 (30 ILCS 105/5.435)
3 Sec. 5.435. 5.402. The Illinois Fire Fighters' Memorial
4 Fund.
5 (Source: P.A. 89-612, eff. 8-9-96; revised 10-24-96.)
6 (30 ILCS 105/5.436)
7 Sec. 5.436. 5.432. The Livestock Management Facilities
8 Fund.
9 (Source: P.A. 89-456, eff. 5-21-96; revised 10-24-96.)
10 (30 ILCS 105/5.437)
11 Sec. 5.437. 5.432. The Alternative Compliance Market
12 Account Fund.
13 (Source: P.A. 89-465, eff. 6-13-96; revised 10-24-96.)
14 (30 ILCS 105/5.438)
15 Sec. 5.438. 5.432. The Gang Crime Witness Protection
16 Fund.
17 (Source: P.A. 89-498, eff. 6-27-96; revised 10-24-96.)
18 (30 ILCS 105/5.439)
19 Sec. 5.439. 5.432. The Health Care Facility and Program
20 Survey Fund.
21 (Source: P.A. 89-499, eff. 8-26-96; revised 10-24-96.)
22 (30 ILCS 105/5.440)
23 Sec. 5.440. 5.432. The Secretary of State Special
24 Services Fund.
25 (Source: P.A. 89-503, eff. 7-1-96; revised 10-24-96.)
26 (30 ILCS 105/5.441)
27 Sec. 5.441. 5.432. The Medical Research and Development
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1 Fund.
2 (Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
3 (30 ILCS 105/5.442)
4 Sec. 5.442. 5.433. The Post-Tertiary Clinical Services
5 Fund.
6 (Source: P.A. 89-506, eff. 7-3-96; revised 10-24-96.)
7 (30 ILCS 105/5.443)
8 Sec. 5.443. 5.432. The Comptroller's Administrative
9 Fund.
10 (Source: P.A. 89-511, eff. 1-1-97; 89-615, eff. 8-9-96;
11 revised 10-24-96.)
12 (30 ILCS 105/5.444)
13 Sec. 5.444. 5.432. The Illinois Student Assistance
14 Commission Higher EdNet Fund.
15 (Source: P.A. 89-512, eff. 7-11-96; revised 10-24-96.)
16 (30 ILCS 105/5.445)
17 Sec. 5.445. 5.432. The Wildlife Prairie Park Fund.
18 (Source: P.A. 89-611, eff. 1-1-97; revised 10-24-96.)
19 (30 ILCS 105/5.446)
20 Sec. 5.446. 5.432. The Master Mason Fund.
21 (Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
22 (30 ILCS 105/5.447)
23 Sec. 5.447. 5.433. The Knights of Columbus Fund.
24 (Source: P.A. 89-620, eff. 1-1-97; revised 10-24-96.)
25 (30 ILCS 105/5.448)
26 Sec. 5.448. 5.432. The Court of Claims Administration
27 and Grant Fund.
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1 (Source: P.A. 89-670, eff. 8-14-96; revised 10-24-96.)
2 (30 ILCS 105/25) (from Ch. 127, par. 161)
3 Sec. 25. Fiscal year limitations.
4 (a) All appropriations shall be available for
5 expenditure for the fiscal year or for a lesser period if the
6 Act making that appropriation so specifies. A deficiency or
7 emergency appropriation shall be available for expenditure
8 only through June 30 of the year when the Act making that
9 appropriation is enacted unless that Act otherwise provides.
10 (b) Outstanding liabilities as of June 30, payable from
11 appropriations which have otherwise expired, may be paid out
12 of the expiring appropriations during the 2-month period
13 ending at the close of business on August 31. Any service
14 involving professional or artistic skills or any personal
15 services by an employee whose compensation is subject to
16 income tax withholding must be performed as of June 30 of the
17 fiscal year in order to be considered an "outstanding
18 liability as of June 30" that is thereby eligible for payment
19 out of the expiring appropriation.
20 However, payment of tuition reimbursement claims under
21 Section 14-7.03 or 18-3 of the School Code may be made by the
22 State Board of Education from its appropriations for those
23 respective purposes for any fiscal year, even though the
24 claims reimbursed by the payment may be claims attributable
25 to a prior fiscal year, and payments may be made at the
26 direction of the State Superintendent of Education from the
27 fund from which the appropriation is made without regard to
28 any fiscal year limitations.
29 Medical payments may be made by the Department of Public
30 Aid and child care payments may be made by the Department of
31 Human Services (as successor to the Department of Public Aid)
32 from appropriations for those purposes for any fiscal year,
33 without regard to the fact that the medical or child care
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1 services being compensated for by such payment may have been
2 rendered in a prior fiscal year; and payments may be made at
3 the direction of the Department of Central Management
4 Services from the Health Insurance Reserve Fund and the Local
5 Government Health Insurance Reserve Fund without regard to
6 any fiscal year limitations.
7 Additionally, payments may be made by the Department of
8 Human Services from its appropriations, or any other State
9 agency from its appropriations with the approval of the
10 Department of Human Services, from the Immigration Reform and
11 Control Fund for purposes authorized pursuant to the
12 Immigration Reform and Control Act of 1986, without regard to
13 any fiscal year limitations.
14 (c) Further, payments may be made by the Department of
15 Public Health and the Department of Human Services (acting as
16 successor to the Department of Public Health under the
17 Department of Human Services Act) from their respective
18 appropriations for grants for medical care to or on behalf of
19 persons suffering from chronic renal disease, persons
20 suffering from hemophilia, rape victims, and premature and
21 high-mortality risk infants and their mothers and for grants
22 for supplemental food supplies provided under the United
23 States Department of Agriculture Women, Infants and Children
24 Nutrition Program, for any fiscal year without regard to the
25 fact that the services being compensated for by such payment
26 may have been rendered in a prior fiscal year.
27 (d) The Department of Public Health and the Department
28 of Human Services (acting as successor to the Department of
29 Public Health under the Department of Human Services Act)
30 shall each annually submit to the State Comptroller, Senate
31 President, Senate Minority Leader, Speaker of the House,
32 House Minority Leader, and the respective Chairmen and
33 Minority Spokesmen of the Appropriations Committees of the
34 Senate and the House, on or before December 31, a report of
HB1269 Engrossed -53- LRB9001000EGfg
1 fiscal year funds used to pay for services provided in any
2 prior fiscal year. This report shall document by program or
3 service category those expenditures from the most recently
4 completed fiscal year used to pay for services provided in
5 prior fiscal years.
6 (e) The Department of Public Aid and the Department of
7 Human Services (acting as successor to the Department of
8 Public Aid) shall each annually submit to the State
9 Comptroller, Senate President, Senate Minority Leader,
10 Speaker of the House, House Minority Leader, the respective
11 Chairmen and Minority Spokesmen of the Appropriations
12 Committees of the Senate and the House, on or before November
13 30, a report that shall document by program or service
14 category those expenditures from the most recently completed
15 fiscal year used to pay for (i) services provided in prior
16 fiscal years and (ii) services for which claims were received
17 in prior fiscal years.
18 (f) The Department of Human Services (as successor to
19 the Department of Public Aid) shall annually submit to the
20 State Comptroller, Senate President, Senate Minority Leader,
21 Speaker of the House, House Minority Leader, and the
22 respective Chairmen and Minority Spokesmen of the
23 Appropriations Committees of the Senate and the House, on or
24 before December 31, a report of fiscal year funds used to pay
25 for services (other than medical care) provided in any prior
26 fiscal year. This report shall document by program or
27 service category those expenditures from the most recently
28 completed fiscal year used to pay for services provided in
29 prior fiscal years.
30 (g) In addition, each annual report required to be
31 submitted by the Department of Public Aid under subsection
32 (e) shall include the following information with respect to
33 the State's Medicaid program:
34 (1) Explanations of the exact causes of the
HB1269 Engrossed -54- LRB9001000EGfg
1 variance between the previous year's estimated and actual
2 liabilities.
3 (2) Factors affecting the Department of Public
4 Aid's liabilities, including but not limited to numbers
5 of aid recipients, levels of medical service utilization
6 by aid recipients, and inflation in the cost of medical
7 services.
8 (3) The results of the Department's efforts to
9 combat fraud and abuse.
10 (h) As provided in Section 4 of the General Assembly
11 Compensation Act, any utility bill for service provided to a
12 General Assembly member's district office for a period
13 including portions of 2 consecutive fiscal years may be paid
14 from funds appropriated for such expenditure in either fiscal
15 year.
16 (i) An agency which administers a fund classified by the
17 Comptroller as an internal service fund may issue rules for:
18 (1) billing user agencies in advance based on
19 estimated charges for goods or services;
20 (2) issuing credits during the subsequent fiscal
21 year for all user agency payments received during the
22 prior fiscal year which were in excess of the final
23 amounts owed by the user agency for that period; and
24 (3) issuing catch-up billings to user agencies
25 during the subsequent fiscal year for amounts remaining
26 due when payments received from the user agency during
27 the prior fiscal year were less than the total amount
28 owed for that period.
29 User agencies are authorized to reimburse internal service
30 funds for catch-up billings by vouchers drawn against their
31 respective appropriations for the fiscal year in which the
32 catch-up billing was issued.
33 (Source: P.A. 88-554, eff. 7-26-94; 88-575, eff. 8-12-94;
34 89-235, eff. 8-4-95; 89-507, eff. 7-1-97; 89-511, eff.
HB1269 Engrossed -55- LRB9001000EGfg
1 1-1-97; revised 9-10-96.)
2 Section 2-70. The State Mandates Act is amended by
3 changing, combining, and renumbering multiple versions of
4 Sections 8.20 and 8.21 as follows:
5 (30 ILCS 805/8.20)
6 Sec. 8.20. 8.21. Exempt mandates mandate.
7 Notwithstanding Sections 6 and 8 of this Act, no
8 reimbursement by the State is required for the implementation
9 of any mandate created by Public Act 89-510, 89-513, 89-514,
10 89-606, 89-617, 89-643, 89-671, 89-683, 89-690, or 89-705
11 this amendatory Act of 1996 1997.
12 (Source: P.A. 89-510, eff. 7-11-96; 89-513, eff. 9-15-96;
13 89-514, eff. 7-17-96; 89-606, eff. 1-1-97; 89-617, eff.
14 9-1-96; 89-643, eff. 8-9-96; 89-671, eff. 8-14-96; 89-683,
15 eff. 6-1-97; 89-690, eff. 6-1-97; 89-705, eff. 1-31-97;
16 revised 2-12-97.)
17 Section 2-75. The Use Tax Act is amended by changing
18 Section 3-5 as follows:
19 (35 ILCS 105/3-5) (from Ch. 120, par. 439.3-5)
20 Sec. 3-5. Exemptions. Use of the following tangible
21 personal property is exempt from the tax imposed by this Act:
22 (1) Personal property purchased from a corporation,
23 society, association, foundation, institution, or
24 organization, other than a limited liability company, that is
25 organized and operated as a not-for-profit service enterprise
26 for the benefit of persons 65 years of age or older if the
27 personal property was not purchased by the enterprise for the
28 purpose of resale by the enterprise.
29 (2) Personal property purchased by a not-for-profit
30 Illinois county fair association for use in conducting,
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1 operating, or promoting the county fair.
2 (3) Personal property purchased by a not-for-profit
3 music or dramatic arts organization that establishes, by
4 proof required by the Department by rule, that it has
5 received an exemption under Section 501(c)(3) of the Internal
6 Revenue Code and that is organized and operated for the
7 presentation of live public performances of musical or
8 theatrical works on a regular basis.
9 (4) Personal property purchased by a governmental body,
10 by a corporation, society, association, foundation, or
11 institution organized and operated exclusively for
12 charitable, religious, or educational purposes, or by a
13 not-for-profit corporation, society, association, foundation,
14 institution, or organization that has no compensated officers
15 or employees and that is organized and operated primarily for
16 the recreation of persons 55 years of age or older. A limited
17 liability company may qualify for the exemption under this
18 paragraph only if the limited liability company is organized
19 and operated exclusively for educational purposes. On and
20 after July 1, 1987, however, no entity otherwise eligible for
21 this exemption shall make tax-free purchases unless it has an
22 active exemption identification number issued by the
23 Department.
24 (5) A passenger car that is a replacement vehicle to the
25 extent that the purchase price of the car is subject to the
26 Replacement Vehicle Tax.
27 (6) Graphic arts machinery and equipment, including
28 repair and replacement parts, both new and used, and
29 including that manufactured on special order, certified by
30 the purchaser to be used primarily for graphic arts
31 production, and including machinery and equipment purchased
32 for lease.
33 (7) Farm chemicals.
34 (8) Legal tender, currency, medallions, or gold or
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1 silver coinage issued by the State of Illinois, the
2 government of the United States of America, or the government
3 of any foreign country, and bullion.
4 (9) Personal property purchased from a teacher-sponsored
5 student organization affiliated with an elementary or
6 secondary school located in Illinois.
7 (10) A motor vehicle of the first division, a motor
8 vehicle of the second division that is a self-contained motor
9 vehicle designed or permanently converted to provide living
10 quarters for recreational, camping, or travel use, with
11 direct walk through to the living quarters from the driver's
12 seat, or a motor vehicle of the second division that is of
13 the van configuration designed for the transportation of not
14 less than 7 nor more than 16 passengers, as defined in
15 Section 1-146 of the Illinois Vehicle Code, that is used for
16 automobile renting, as defined in the Automobile Renting
17 Occupation and Use Tax Act.
18 (11) Farm machinery and equipment, both new and used,
19 including that manufactured on special order, certified by
20 the purchaser to be used primarily for production agriculture
21 or State or federal agricultural programs, including
22 individual replacement parts for the machinery and equipment,
23 and including machinery and equipment purchased for lease,
24 but excluding motor vehicles required to be registered under
25 the Illinois Vehicle Code.
26 (12) Fuel and petroleum products sold to or used by an
27 air common carrier, certified by the carrier to be used for
28 consumption, shipment, or storage in the conduct of its
29 business as an air common carrier, for a flight destined for
30 or returning from a location or locations outside the United
31 States without regard to previous or subsequent domestic
32 stopovers.
33 (13) Proceeds of mandatory service charges separately
34 stated on customers' bills for the purchase and consumption
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1 of food and beverages purchased at retail from a retailer, to
2 the extent that the proceeds of the service charge are in
3 fact turned over as tips or as a substitute for tips to the
4 employees who participate directly in preparing, serving,
5 hosting or cleaning up the food or beverage function with
6 respect to which the service charge is imposed.
7 (14) Oil field exploration, drilling, and production
8 equipment, including (i) rigs and parts of rigs, rotary rigs,
9 cable tool rigs, and workover rigs, (ii) pipe and tubular
10 goods, including casing and drill strings, (iii) pumps and
11 pump-jack units, (iv) storage tanks and flow lines, (v) any
12 individual replacement part for oil field exploration,
13 drilling, and production equipment, and (vi) machinery and
14 equipment purchased for lease; but excluding motor vehicles
15 required to be registered under the Illinois Vehicle Code.
16 (15) Photoprocessing machinery and equipment, including
17 repair and replacement parts, both new and used, including
18 that manufactured on special order, certified by the
19 purchaser to be used primarily for photoprocessing, and
20 including photoprocessing machinery and equipment purchased
21 for lease.
22 (16) Coal exploration, mining, offhighway hauling,
23 processing, maintenance, and reclamation equipment, including
24 replacement parts and equipment, and including equipment
25 purchased for lease, but excluding motor vehicles required to
26 be registered under the Illinois Vehicle Code.
27 (17) Distillation machinery and equipment, sold as a
28 unit or kit, assembled or installed by the retailer,
29 certified by the user to be used only for the production of
30 ethyl alcohol that will be used for consumption as motor fuel
31 or as a component of motor fuel for the personal use of the
32 user, and not subject to sale or resale.
33 (18) Manufacturing and assembling machinery and
34 equipment used primarily in the process of manufacturing or
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1 assembling tangible personal property for wholesale or retail
2 sale or lease, whether that sale or lease is made directly by
3 the manufacturer or by some other person, whether the
4 materials used in the process are owned by the manufacturer
5 or some other person, or whether that sale or lease is made
6 apart from or as an incident to the seller's engaging in the
7 service occupation of producing machines, tools, dies, jigs,
8 patterns, gauges, or other similar items of no commercial
9 value on special order for a particular purchaser.
10 (19) Personal property delivered to a purchaser or
11 purchaser's donee inside Illinois when the purchase order for
12 that personal property was received by a florist located
13 outside Illinois who has a florist located inside Illinois
14 deliver the personal property.
15 (20) Semen used for artificial insemination of livestock
16 for direct agricultural production.
17 (21) Horses, or interests in horses, registered with and
18 meeting the requirements of any of the Arabian Horse Club
19 Registry of America, Appaloosa Horse Club, American Quarter
20 Horse Association, United States Trotting Association, or
21 Jockey Club, as appropriate, used for purposes of breeding or
22 racing for prizes.
23 (22) Computers and communications equipment utilized
24 for any hospital purpose and equipment used in the diagnosis,
25 analysis, or treatment of hospital patients purchased by a
26 lessor who leases the equipment, under a lease of one year or
27 longer executed or in effect at the time the lessor would
28 otherwise be subject to the tax imposed by this Act, to a
29 hospital that has been issued an active tax exemption
30 identification number by the Department under Section 1g of
31 the Retailers' Occupation Tax Act. If the equipment is
32 leased in a manner that does not qualify for this exemption
33 or is used in any other non-exempt manner, the lessor shall
34 be liable for the tax imposed under this Act or the Service
HB1269 Engrossed -60- LRB9001000EGfg
1 Use Tax Act, as the case may be, based on the fair market
2 value of the property at the time the non-qualifying use
3 occurs. No lessor shall collect or attempt to collect an
4 amount (however designated) that purports to reimburse that
5 lessor for the tax imposed by this Act or the Service Use Tax
6 Act, as the case may be, if the tax has not been paid by the
7 lessor. If a lessor improperly collects any such amount from
8 the lessee, the lessee shall have a legal right to claim a
9 refund of that amount from the lessor. If, however, that
10 amount is not refunded to the lessee for any reason, the
11 lessor is liable to pay that amount to the Department.
12 (23) Personal property purchased by a lessor who leases
13 the property, under a lease of one year or longer executed
14 or in effect at the time the lessor would otherwise be
15 subject to the tax imposed by this Act, to a governmental
16 body that has been issued an active sales tax exemption
17 identification number by the Department under Section 1g of
18 the Retailers' Occupation Tax Act. If the property is leased
19 in a manner that does not qualify for this exemption or used
20 in any other non-exempt manner, the lessor shall be liable
21 for the tax imposed under this Act or the Service Use Tax
22 Act, as the case may be, based on the fair market value of
23 the property at the time the non-qualifying use occurs. No
24 lessor shall collect or attempt to collect an amount (however
25 designated) that purports to reimburse that lessor for the
26 tax imposed by this Act or the Service Use Tax Act, as the
27 case may be, if the tax has not been paid by the lessor. If
28 a lessor improperly collects any such amount from the lessee,
29 the lessee shall have a legal right to claim a refund of that
30 amount from the lessor. If, however, that amount is not
31 refunded to the lessee for any reason, the lessor is liable
32 to pay that amount to the Department.
33 (24) Beginning with taxable years ending on or after
34 December 31, 1995 and ending with taxable years ending on or
HB1269 Engrossed -61- LRB9001000EGfg
1 before December 31, 2004, personal property that is donated
2 for disaster relief to be used in a State or federally
3 declared disaster area in Illinois or bordering Illinois by a
4 manufacturer or retailer that is registered in this State to
5 a corporation, society, association, foundation, or
6 institution that has been issued a sales tax exemption
7 identification number by the Department that assists victims
8 of the disaster who reside within the declared disaster area.
9 (25) Beginning with taxable years ending on or after
10 December 31, 1995 and ending with taxable years ending on or
11 before December 31, 2004, personal property that is used in
12 the performance of infrastructure repairs in this State,
13 including but not limited to municipal roads and streets,
14 access roads, bridges, sidewalks, waste disposal systems,
15 water and sewer line extensions, water distribution and
16 purification facilities, storm water drainage and retention
17 facilities, and sewage treatment facilities, resulting from a
18 State or federally declared disaster in Illinois or bordering
19 Illinois when such repairs are initiated on facilities
20 located in the declared disaster area within 6 months after
21 the disaster.
22 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
23 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
24 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
25 eff. 8-9-96; revised 8-21-96.)
26 Section 2-80. The Service Use Tax Act is amended by
27 changing Section 3-5 as follows:
28 (35 ILCS 110/3-5) (from Ch. 120, par. 439.33-5)
29 Sec. 3-5. Exemptions. Use of the following tangible
30 personal property is exempt from the tax imposed by this Act:
31 (1) Personal property purchased from a corporation,
32 society, association, foundation, institution, or
HB1269 Engrossed -62- LRB9001000EGfg
1 organization, other than a limited liability company, that is
2 organized and operated as a not-for-profit service enterprise
3 for the benefit of persons 65 years of age or older if the
4 personal property was not purchased by the enterprise for the
5 purpose of resale by the enterprise.
6 (2) Personal property purchased by a non-profit Illinois
7 county fair association for use in conducting, operating, or
8 promoting the county fair.
9 (3) Personal property purchased by a not-for-profit
10 music or dramatic arts organization that establishes, by
11 proof required by the Department by rule, that it has
12 received an exemption under Section 501(c)(3) of the Internal
13 Revenue Code and that is organized and operated for the
14 presentation of live public performances of musical or
15 theatrical works on a regular basis.
16 (4) Legal tender, currency, medallions, or gold or
17 silver coinage issued by the State of Illinois, the
18 government of the United States of America, or the government
19 of any foreign country, and bullion.
20 (5) Graphic arts machinery and equipment, including
21 repair and replacement parts, both new and used, and
22 including that manufactured on special order or purchased for
23 lease, certified by the purchaser to be used primarily for
24 graphic arts production.
25 (6) Personal property purchased from a teacher-sponsored
26 student organization affiliated with an elementary or
27 secondary school located in Illinois.
28 (7) Farm machinery and equipment, both new and used,
29 including that manufactured on special order, certified by
30 the purchaser to be used primarily for production agriculture
31 or State or federal agricultural programs, including
32 individual replacement parts for the machinery and equipment,
33 and including machinery and equipment purchased for lease,
34 but excluding motor vehicles required to be registered under
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1 the Illinois Vehicle Code.
2 (8) Fuel and petroleum products sold to or used by an
3 air common carrier, certified by the carrier to be used for
4 consumption, shipment, or storage in the conduct of its
5 business as an air common carrier, for a flight destined for
6 or returning from a location or locations outside the United
7 States without regard to previous or subsequent domestic
8 stopovers.
9 (9) Proceeds of mandatory service charges separately
10 stated on customers' bills for the purchase and consumption
11 of food and beverages acquired as an incident to the purchase
12 of a service from a serviceman, to the extent that the
13 proceeds of the service charge are in fact turned over as
14 tips or as a substitute for tips to the employees who
15 participate directly in preparing, serving, hosting or
16 cleaning up the food or beverage function with respect to
17 which the service charge is imposed.
18 (10) Oil field exploration, drilling, and production
19 equipment, including (i) rigs and parts of rigs, rotary rigs,
20 cable tool rigs, and workover rigs, (ii) pipe and tubular
21 goods, including casing and drill strings, (iii) pumps and
22 pump-jack units, (iv) storage tanks and flow lines, (v) any
23 individual replacement part for oil field exploration,
24 drilling, and production equipment, and (vi) machinery and
25 equipment purchased for lease; but excluding motor vehicles
26 required to be registered under the Illinois Vehicle Code.
27 (11) Proceeds from the sale of photoprocessing machinery
28 and equipment, including repair and replacement parts, both
29 new and used, including that manufactured on special order,
30 certified by the purchaser to be used primarily for
31 photoprocessing, and including photoprocessing machinery and
32 equipment purchased for lease.
33 (12) Coal exploration, mining, offhighway hauling,
34 processing, maintenance, and reclamation equipment, including
HB1269 Engrossed -64- LRB9001000EGfg
1 replacement parts and equipment, and including equipment
2 purchased for lease, but excluding motor vehicles required to
3 be registered under the Illinois Vehicle Code.
4 (13) Semen used for artificial insemination of livestock
5 for direct agricultural production.
6 (14) Horses, or interests in horses, registered with and
7 meeting the requirements of any of the Arabian Horse Club
8 Registry of America, Appaloosa Horse Club, American Quarter
9 Horse Association, United States Trotting Association, or
10 Jockey Club, as appropriate, used for purposes of breeding or
11 racing for prizes.
12 (15) Computers and communications equipment utilized for
13 any hospital purpose and equipment used in the diagnosis,
14 analysis, or treatment of hospital patients purchased by a
15 lessor who leases the equipment, under a lease of one year or
16 longer executed or in effect at the time the lessor would
17 otherwise be subject to the tax imposed by this Act, to a
18 hospital that has been issued an active tax exemption
19 identification number by the Department under Section 1g of
20 the Retailers' Occupation Tax Act. If the equipment is leased
21 in a manner that does not qualify for this exemption or is
22 used in any other non-exempt manner, the lessor shall be
23 liable for the tax imposed under this Act or the Use Tax Act,
24 as the case may be, based on the fair market value of the
25 property at the time the non-qualifying use occurs. No
26 lessor shall collect or attempt to collect an amount (however
27 designated) that purports to reimburse that lessor for the
28 tax imposed by this Act or the Use Tax Act, as the case may
29 be, if the tax has not been paid by the lessor. If a lessor
30 improperly collects any such amount from the lessee, the
31 lessee shall have a legal right to claim a refund of that
32 amount from the lessor. If, however, that amount is not
33 refunded to the lessee for any reason, the lessor is liable
34 to pay that amount to the Department.
HB1269 Engrossed -65- LRB9001000EGfg
1 (16) Personal property purchased by a lessor who leases
2 the property, under a lease of one year or longer executed or
3 in effect at the time the lessor would otherwise be subject
4 to the tax imposed by this Act, to a governmental body that
5 has been issued an active tax exemption identification number
6 by the Department under Section 1g of the Retailers'
7 Occupation Tax Act. If the property is leased in a manner
8 that does not qualify for this exemption or is used in any
9 other non-exempt manner, the lessor shall be liable for the
10 tax imposed under this Act or the Use Tax Act, as the case
11 may be, based on the fair market value of the property at the
12 time the non-qualifying use occurs. No lessor shall collect
13 or attempt to collect an amount (however designated) that
14 purports to reimburse that lessor for the tax imposed by this
15 Act or the Use Tax Act, as the case may be, if the tax has
16 not been paid by the lessor. If a lessor improperly collects
17 any such amount from the lessee, the lessee shall have a
18 legal right to claim a refund of that amount from the lessor.
19 If, however, that amount is not refunded to the lessee for
20 any reason, the lessor is liable to pay that amount to the
21 Department.
22 (17) Beginning with taxable years ending on or after
23 December 31, 1995 and ending with taxable years ending on or
24 before December 31, 2004, personal property that is donated
25 for disaster relief to be used in a State or federally
26 declared disaster area in Illinois or bordering Illinois by a
27 manufacturer or retailer that is registered in this State to
28 a corporation, society, association, foundation, or
29 institution that has been issued a sales tax exemption
30 identification number by the Department that assists victims
31 of the disaster who reside within the declared disaster area.
32 (18) Beginning with taxable years ending on or after
33 December 31, 1995 and ending with taxable years ending on or
34 before December 31, 2004, personal property that is used in
HB1269 Engrossed -66- LRB9001000EGfg
1 the performance of infrastructure repairs in this State,
2 including but not limited to municipal roads and streets,
3 access roads, bridges, sidewalks, waste disposal systems,
4 water and sewer line extensions, water distribution and
5 purification facilities, storm water drainage and retention
6 facilities, and sewage treatment facilities, resulting from a
7 State or federally declared disaster in Illinois or bordering
8 Illinois when such repairs are initiated on facilities
9 located in the declared disaster area within 6 months after
10 the disaster.
11 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
12 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
13 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
14 eff. 8-9-96; revised 8-21-96.)
15 Section 2-85. The Service Occupation Tax Act is amended
16 by changing Section 3-5 as follows:
17 (35 ILCS 115/3-5) (from Ch. 120, par. 439.103-5)
18 Sec. 3-5. Exemptions. The following tangible personal
19 property is exempt from the tax imposed by this Act:
20 (1) Personal property sold by a corporation, society,
21 association, foundation, institution, or organization, other
22 than a limited liability company, that is organized and
23 operated as a not-for-profit service enterprise for the
24 benefit of persons 65 years of age or older if the personal
25 property was not purchased by the enterprise for the purpose
26 of resale by the enterprise.
27 (2) Personal property purchased by a not-for-profit
28 Illinois county fair association for use in conducting,
29 operating, or promoting the county fair.
30 (3) Personal property purchased by any not-for-profit
31 music or dramatic arts organization that establishes, by
32 proof required by the Department by rule, that it has
HB1269 Engrossed -67- LRB9001000EGfg
1 received an exemption under Section 501(c)(3) of the
2 Internal Revenue Code and that is organized and operated for
3 the presentation of live public performances of musical or
4 theatrical works on a regular basis.
5 (4) Legal tender, currency, medallions, or gold or
6 silver coinage issued by the State of Illinois, the
7 government of the United States of America, or the government
8 of any foreign country, and bullion.
9 (5) 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.
14 (6) Personal property sold by a teacher-sponsored
15 student organization affiliated with an elementary or
16 secondary school located in Illinois.
17 (7) Farm machinery and equipment, both new and used,
18 including that manufactured on special order, certified by
19 the purchaser to be used primarily for production agriculture
20 or State or federal agricultural programs, including
21 individual replacement parts for the machinery and equipment,
22 and including machinery and equipment purchased for lease,
23 but excluding motor vehicles required to be registered under
24 the Illinois Vehicle Code.
25 (8) Fuel and petroleum products sold to or used by an
26 air common carrier, certified by the carrier to be used for
27 consumption, shipment, or storage in the conduct of its
28 business as an air common carrier, for a flight destined for
29 or returning from a location or locations outside the United
30 States without regard to previous or subsequent domestic
31 stopovers.
32 (9) Proceeds of mandatory service charges separately
33 stated on customers' bills for the purchase and consumption
34 of food and beverages, to the extent that the proceeds of the
HB1269 Engrossed -68- LRB9001000EGfg
1 service charge are in fact turned over as tips or as a
2 substitute for tips to the employees who participate directly
3 in preparing, serving, hosting or cleaning up the food or
4 beverage function with respect to which the service charge is
5 imposed.
6 (10) Oil field exploration, drilling, and production
7 equipment, including (i) rigs and parts of rigs, rotary rigs,
8 cable tool rigs, and workover rigs, (ii) pipe and tubular
9 goods, including casing and drill strings, (iii) pumps and
10 pump-jack units, (iv) storage tanks and flow lines, (v) any
11 individual replacement part for oil field exploration,
12 drilling, and production equipment, and (vi) machinery and
13 equipment purchased for lease; but excluding motor vehicles
14 required to be registered under the Illinois Vehicle Code.
15 (11) Photoprocessing machinery and equipment, including
16 repair and replacement parts, both new and used, including
17 that manufactured on special order, certified by the
18 purchaser to be used primarily for photoprocessing, and
19 including photoprocessing machinery and equipment purchased
20 for lease.
21 (12) Coal exploration, mining, offhighway hauling,
22 processing, maintenance, and reclamation equipment, including
23 replacement parts and equipment, and including equipment
24 purchased for lease, but excluding motor vehicles required to
25 be registered under the Illinois Vehicle Code.
26 (13) Food for human consumption that is to be consumed
27 off the premises where it is sold (other than alcoholic
28 beverages, soft drinks and food that has been prepared for
29 immediate consumption) and prescription and nonprescription
30 medicines, drugs, medical appliances, and insulin, urine
31 testing materials, syringes, and needles used by diabetics,
32 for human use, when purchased for use by a person receiving
33 medical assistance under Article 5 of the Illinois Public Aid
34 Code who resides in a licensed long-term care facility, as
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1 defined in the Nursing Home Care Act.
2 (14) Semen used for artificial insemination of livestock
3 for direct agricultural production.
4 (15) Horses, or interests in horses, registered with and
5 meeting the requirements of any of the Arabian Horse Club
6 Registry of America, Appaloosa Horse Club, American Quarter
7 Horse Association, United States Trotting Association, or
8 Jockey Club, as appropriate, used for purposes of breeding or
9 racing for prizes.
10 (16) Computers and communications equipment utilized
11 for any hospital purpose and equipment used in the diagnosis,
12 analysis, or treatment of hospital patients sold to a lessor
13 who leases the equipment, under a lease of one year or longer
14 executed or in effect at the time of the purchase, to a
15 hospital that has been issued an active tax exemption
16 identification number by the Department under Section 1g of
17 the Retailers' Occupation Tax Act.
18 (17) Personal property sold to a lessor who leases the
19 property, under a lease of one year or longer executed or in
20 effect at the time of the purchase, to a governmental body
21 that has been issued an active tax exemption identification
22 number by the Department under Section 1g of the Retailers'
23 Occupation Tax Act.
24 (18) 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 (19) Beginning with taxable years ending on or after
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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 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
14 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
15 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
16 eff. 8-9-96; revised 8-21-96.)
17 Section 2-90. The Retailers' Occupation Tax Act is
18 amended by changing Section 2-5 as follows:
19 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
20 Sec. 2-5. Exemptions. Gross receipts from proceeds from
21 the sale of the following tangible personal property are
22 exempt from the tax imposed by this Act:
23 (1) Farm chemicals.
24 (2) Farm machinery and equipment, both new and used,
25 including that manufactured on special order, certified by
26 the purchaser to be used primarily for production agriculture
27 or State or federal agricultural programs, including
28 individual replacement parts for the machinery and equipment,
29 and including machinery and equipment purchased for lease,
30 but excluding motor vehicles required to be registered under
31 the Illinois Vehicle Code.
32 (3) Distillation machinery and equipment, sold as a unit
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1 or kit, assembled or installed by the retailer, certified by
2 the user to be used only for the production of ethyl alcohol
3 that will be used for consumption as motor fuel or as a
4 component of motor fuel for the personal use of the user, and
5 not subject to sale or resale.
6 (4) Graphic arts machinery and equipment, including
7 repair and replacement parts, both new and used, and
8 including that manufactured on special order or purchased for
9 lease, certified by the purchaser to be used primarily for
10 graphic arts production.
11 (5) A motor vehicle of the first division, a motor
12 vehicle of the second division that is a self-contained motor
13 vehicle designed or permanently converted to provide living
14 quarters for recreational, camping, or travel use, with
15 direct walk through access to the living quarters from the
16 driver's seat, or a motor vehicle of the second division that
17 is of the van configuration designed for the transportation
18 of not less than 7 nor more than 16 passengers, as defined in
19 Section 1-146 of the Illinois Vehicle Code, that is used for
20 automobile renting, as defined in the Automobile Renting
21 Occupation and Use Tax Act.
22 (6) Personal property sold by a teacher-sponsored
23 student organization affiliated with an elementary or
24 secondary school located in Illinois.
25 (7) Proceeds of that portion of the selling price of a
26 passenger car the sale of which is subject to the Replacement
27 Vehicle Tax.
28 (8) Personal property sold to an Illinois county fair
29 association for use in conducting, operating, or promoting
30 the county fair.
31 (9) Personal property sold to a not-for-profit music or
32 dramatic arts organization that establishes, by proof
33 required by the Department by rule, that it has received an
34 exemption under Section 501(c) (3) of the Internal Revenue
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1 Code and that is organized and operated for the presentation
2 of live public performances of musical or theatrical works on
3 a regular basis.
4 (10) Personal property sold by a corporation, society,
5 association, foundation, institution, or organization, other
6 than a limited liability company, that is organized and
7 operated as a not-for-profit service enterprise for the
8 benefit of persons 65 years of age or older if the personal
9 property was not purchased by the enterprise for the purpose
10 of resale by the enterprise.
11 (11) Personal property sold to a governmental body, to a
12 corporation, society, association, foundation, or institution
13 organized and operated exclusively for charitable, religious,
14 or educational purposes, or to a not-for-profit corporation,
15 society, association, foundation, institution, or
16 organization that has no compensated officers or employees
17 and that is organized and operated primarily for the
18 recreation of persons 55 years of age or older. A limited
19 liability company may qualify for the exemption under this
20 paragraph only if the limited liability company is organized
21 and operated exclusively for educational purposes. On and
22 after July 1, 1987, however, no entity otherwise eligible for
23 this exemption shall make tax-free purchases unless it has an
24 active identification number issued by the Department.
25 (12) Personal property sold to interstate carriers for
26 hire for use as rolling stock moving in interstate commerce
27 or to lessors under leases of one year or longer executed or
28 in effect at the time of purchase by interstate carriers for
29 hire for use as rolling stock moving in interstate commerce
30 and equipment operated by a telecommunications provider,
31 licensed as a common carrier by the Federal Communications
32 Commission, which is permanently installed in or affixed to
33 aircraft moving in interstate commerce.
34 (13) Proceeds from sales to owners, lessors, or shippers
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1 of tangible personal property that is utilized by interstate
2 carriers for hire for use as rolling stock moving in
3 interstate commerce and equipment operated by a
4 telecommunications provider, licensed as a common carrier by
5 the Federal Communications Commission, which is permanently
6 installed in or affixed to aircraft moving in interstate
7 commerce.
8 (14) Machinery and equipment that will be used by the
9 purchaser, or a lessee of the purchaser, primarily in the
10 process of manufacturing or assembling tangible personal
11 property for wholesale or retail sale or lease, whether the
12 sale or lease is made directly by the manufacturer or by some
13 other person, whether the materials used in the process are
14 owned by the manufacturer or some other person, or whether
15 the sale or lease is made apart from or as an incident to the
16 seller's engaging in the service occupation of producing
17 machines, tools, dies, jigs, patterns, gauges, or other
18 similar items of no commercial value on special order for a
19 particular purchaser.
20 (15) Proceeds of mandatory service charges separately
21 stated on customers' bills for purchase and consumption of
22 food and beverages, to the extent that the proceeds of the
23 service charge are in fact turned over as tips or as a
24 substitute for tips to the employees who participate directly
25 in preparing, serving, hosting or cleaning up the food or
26 beverage function with respect to which the service charge is
27 imposed.
28 (16) Petroleum products sold to a purchaser if the
29 seller is prohibited by federal law from charging tax to the
30 purchaser.
31 (17) Tangible personal property sold to a common carrier
32 by rail that receives the physical possession of the property
33 in Illinois and that transports the property, or shares with
34 another common carrier in the transportation of the property,
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1 out of Illinois on a standard uniform bill of lading showing
2 the seller of the property as the shipper or consignor of the
3 property to a destination outside Illinois, for use outside
4 Illinois.
5 (18) Legal tender, currency, medallions, or gold or
6 silver coinage issued by the State of Illinois, the
7 government of the United States of America, or the government
8 of any foreign country, and bullion.
9 (19) Oil field exploration, drilling, and production
10 equipment, including (i) rigs and parts of rigs, rotary rigs,
11 cable tool rigs, and workover rigs, (ii) pipe and tubular
12 goods, including casing and drill strings, (iii) pumps and
13 pump-jack units, (iv) storage tanks and flow lines, (v) any
14 individual replacement part for oil field exploration,
15 drilling, and production equipment, and (vi) machinery and
16 equipment purchased for lease; but excluding motor vehicles
17 required to be registered under the Illinois Vehicle Code.
18 (20) Photoprocessing machinery and equipment, including
19 repair and replacement parts, both new and used, including
20 that manufactured on special order, certified by the
21 purchaser to be used primarily for photoprocessing, and
22 including photoprocessing machinery and equipment purchased
23 for lease.
24 (21) Coal exploration, mining, offhighway hauling,
25 processing, maintenance, and reclamation equipment, including
26 replacement parts and equipment, and including equipment
27 purchased for lease, but excluding motor vehicles required to
28 be registered under the Illinois Vehicle Code.
29 (22) Fuel and petroleum products sold to or used by an
30 air carrier, certified by the carrier to be used for
31 consumption, shipment, or storage in the conduct of its
32 business as an air common carrier, for a flight destined for
33 or returning from a location or locations outside the United
34 States without regard to previous or subsequent domestic
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1 stopovers.
2 (23) A transaction in which the purchase order is
3 received by a florist who is located outside Illinois, but
4 who has a florist located in Illinois deliver the property to
5 the purchaser or the purchaser's donee in Illinois.
6 (24) Fuel consumed or used in the operation of ships,
7 barges, or vessels that are used primarily in or for the
8 transportation of property or the conveyance of persons for
9 hire on rivers bordering on this State if the fuel is
10 delivered by the seller to the purchaser's barge, ship, or
11 vessel while it is afloat upon that bordering river.
12 (25) A motor vehicle sold in this State to a nonresident
13 even though the motor vehicle is delivered to the nonresident
14 in this State, if the motor vehicle is not to be titled in
15 this State, and if a driveaway decal permit is issued to the
16 motor vehicle as provided in Section 3-603 of the Illinois
17 Vehicle Code or if the nonresident purchaser has vehicle
18 registration plates to transfer to the motor vehicle upon
19 returning to his or her home state. The issuance of the
20 driveaway decal permit or having the out-of-state
21 registration plates to be transferred is prima facie evidence
22 that the motor vehicle will not be titled in this State.
23 (26) Semen used for artificial insemination of livestock
24 for direct agricultural production.
25 (27) Horses, or interests in horses, registered with and
26 meeting the requirements of any of the Arabian Horse Club
27 Registry of America, Appaloosa Horse Club, American Quarter
28 Horse Association, United States Trotting Association, or
29 Jockey Club, as appropriate, used for purposes of breeding or
30 racing for prizes.
31 (28) Computers and communications equipment utilized
32 for any hospital purpose and equipment used in the diagnosis,
33 analysis, or treatment of hospital patients sold to a lessor
34 who leases the equipment, under a lease of one year or longer
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1 executed or in effect at the time of the purchase, to a
2 hospital that has been issued an active tax exemption
3 identification number by the Department under Section 1g of
4 this Act.
5 (29) Personal property sold to a lessor who leases the
6 property, under a lease of one year or longer executed or in
7 effect at the time of the purchase, to a governmental body
8 that has been issued an active tax exemption identification
9 number by the Department under Section 1g of this Act.
10 (30) Beginning with taxable years ending on or after
11 December 31, 1995 and ending with taxable years ending on or
12 before December 31, 2004, personal property that is donated
13 for disaster relief to be used in a State or federally
14 declared disaster area in Illinois or bordering Illinois by a
15 manufacturer or retailer that is registered in this State to
16 a corporation, society, association, foundation, or
17 institution that has been issued a sales tax exemption
18 identification number by the Department that assists victims
19 of the disaster who reside within the declared disaster area.
20 (31) Beginning with taxable years ending on or after
21 December 31, 1995 and ending with taxable years ending on or
22 before December 31, 2004, personal property that is used in
23 the performance of infrastructure repairs in this State,
24 including but not limited to municipal roads and streets,
25 access roads, bridges, sidewalks, waste disposal systems,
26 water and sewer line extensions, water distribution and
27 purification facilities, storm water drainage and retention
28 facilities, and sewage treatment facilities, resulting from a
29 State or federally declared disaster in Illinois or bordering
30 Illinois when such repairs are initiated on facilities
31 located in the declared disaster area within 6 months after
32 the disaster.
33 (Source: P.A. 88-337; 88-480; 88-547; 88-670, eff. 12-2-94;
34 89-16, eff. 5-30-95; 89-115, eff. 1-1-96; 89-349, eff.
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1 8-17-95; 89-495, eff. 6-24-96; 89-496, eff. 6-25-96; 89-626,
2 eff. 8-9-96; revised 8-21-96.)
3 Section 2-95. The Property Tax Code is amended by
4 changing Sections 15-172 and 15-180 and setting forth and
5 renumbering multiple versions of Section 18-183 as follows:
6 (35 ILCS 200/15-172)
7 Sec. 15-172. Senior Citizens Assessment Freeze Homestead
8 Exemption.
9 (a) This Section may be cited as the Senior Citizens
10 Assessment Freeze Homestead Exemption.
11 (b) As used in this Section:
12 "Applicant" means an individual who has filed an
13 application under this Section.
14 "Base amount" means the base year equalized assessed
15 value of the residence plus the first year's equalized
16 assessed value of any added improvements which increased the
17 assessed value of the residence after the base year.
18 "Base year" means the taxable year prior to the taxable
19 year for which the applicant first qualifies and applies for
20 the exemption provided that in the prior taxable year the
21 property was improved with a permanent structure that was
22 occupied as a residence by the applicant who was liable for
23 paying real property taxes on the property and who was either
24 (i) an owner of record of the property or had legal or
25 equitable interest in the property as evidenced by a written
26 instrument or (ii) had a legal or equitable interest as a
27 lessee in the parcel of property that was single family
28 residence.
29 "Chief County Assessment Officer" means the County
30 Assessor or Supervisor of Assessments of the county in which
31 the property is located.
32 "Equalized assessed value" means the assessed value as
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1 equalized by the Illinois Department of Revenue.
2 "Household" means the applicant, the spouse of the
3 applicant, and all persons using the residence of the
4 applicant as their principal place of residence.
5 "Household income" means the combined income of the
6 members of a household for the calendar year preceding the
7 taxable year.
8 "Income" has the same meaning as provided in Section 3.07
9 of the Senior Citizens and Disabled Persons Property Tax
10 Relief and Pharmaceutical Assistance Act.
11 "Internal Revenue Code of 1986" means the United States
12 Internal Revenue Code of 1986 or any successor law or laws
13 relating to federal income taxes in effect for the year
14 preceding the taxable year.
15 "Life care facility that qualifies as a cooperative"
16 means a facility as defined in Section 2 of the Life Care
17 Facilities Act.
18 "Residence" means the principal dwelling place and
19 appurtenant structures used for residential purposes in this
20 State occupied on January 1 of the taxable year by a
21 household and so much of the surrounding land, constituting
22 the parcel upon which the dwelling place is situated, as is
23 used for residential purposes. If the Chief County Assessment
24 Officer has established a specific legal description for a
25 portion of property constituting the residence, then that
26 portion of property shall be deemed the residence for the
27 purposes of this Section.
28 "Taxable year" means the calendar year during which ad
29 valorem property taxes payable in the next succeeding year
30 are levied.
31 (c) Beginning in taxable year 1994, a senior citizens
32 assessment freeze homestead exemption is granted for real
33 property that is improved with a permanent structure that is
34 occupied as a residence by an applicant who (i) is 65 years
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1 of age or older during the taxable year, (ii) has a household
2 income of $35,000 or less, (iii) is liable for paying real
3 property taxes on the property, and (iv) is an owner of
4 record of the property or has a legal or equitable interest
5 in the property as evidenced by a written instrument. This
6 homestead exemption shall also apply to a leasehold interest
7 in a parcel of property improved with a permanent structure
8 that is a single family residence that is occupied as a
9 residence by a person who (i) is 65 years of age or older
10 during the taxable year, (ii) has a household income of
11 $35,000 or less, (iii) has a legal or equitable ownership
12 interest in the property as lessee, and (iv) is liable for
13 the payment of real property taxes on that property.
14 The amount of this exemption shall be the equalized
15 assessed value of the residence in the taxable year for which
16 application is made minus the base amount.
17 When the applicant is a surviving spouse of an applicant
18 for a prior year for the same residence for which an
19 exemption under this Section has been granted, the base year
20 and base amount for that residence are the same as for the
21 applicant for the prior year.
22 Each year at the time the assessment books are certified
23 to the County Clerk, the Board of Review or Board of Appeals
24 shall give to the County Clerk a list of the assessed values
25 of improvements on each parcel qualifying for this exemption
26 that were added after the base year for this parcel and that
27 increased the assessed value of the property.
28 In the case of land improved with an apartment building
29 owned and operated as a cooperative or a building that is a
30 life care facility that qualifies as a cooperative, the
31 maximum reduction from the equalized assessed value of the
32 property is limited to the sum of the reductions calculated
33 for each unit occupied as a residence by a person or persons
34 65 years of age or older with a household income of $35,000
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1 or less who is liable, by contract with the owner or owners
2 of record, for paying real property taxes on the property and
3 who is an owner of record of a legal or equitable interest in
4 the cooperative apartment building, other than a leasehold
5 interest. In the instance of a cooperative where a homestead
6 exemption has been granted under this Section, the
7 cooperative association or its management firm shall credit
8 the savings resulting from that exemption only to the
9 apportioned tax liability of the owner who qualified for the
10 exemption. Any person who willfully refuses to credit that
11 savings to an owner who qualifies for the exemption is guilty
12 of a Class B misdemeanor.
13 When a homestead exemption has been granted under this
14 Section and an applicant then becomes a resident of a
15 facility licensed under the Nursing Home Care Act, the
16 exemption shall be granted in subsequent years so long as the
17 residence (i) continues to be occupied by the qualified
18 applicant's spouse or (ii) if remaining unoccupied, is still
19 owned by the qualified applicant for the homestead exemption.
20 Beginning January 1, 1997, when an individual dies who
21 would have qualified for an exemption under this Section, and
22 the surviving spouse does not independently qualify for this
23 exemption because of age, the exemption under this Section
24 shall be granted to the surviving spouse for the taxable year
25 preceding and the taxable year of the death, provided that,
26 except for age, the surviving spouse meets all other
27 qualifications for the granting of this exemption for those
28 years.
29 When married persons maintain separate residences, the
30 exemption provided for in this Section may be claimed by only
31 one of such persons and for only one residence.
32 For taxable year 1994 only, in counties having less than
33 3,000,000 inhabitants, to receive the exemption, a person
34 shall submit an application by February 15, 1995 to the Chief
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1 County Assessment Officer of the county in which the property
2 is located. In counties having 3,000,000 or more
3 inhabitants, for taxable year 1994 and all subsequent taxable
4 years, to receive the exemption, a person may submit an
5 application to the Chief County Assessment Officer of the
6 county in which the property is located during such period as
7 may be specified by the Chief County Assessment Officer. The
8 Chief County Assessment Officer in counties of 3,000,000 or
9 more inhabitants shall annually give notice of the
10 application period by mail or by publication. In counties
11 having less than 3,000,000 inhabitants, beginning with
12 taxable year 1995 and thereafter, to receive the exemption, a
13 person shall submit an application by July 1 of each taxable
14 year to the Chief County Assessment Officer of the county in
15 which the property is located. A county may, by ordinance,
16 establish a date for submission of applications that is
17 earlier than July 1, but in no event shall a county establish
18 a date for submission of applications that is later than July
19 1. The applicant shall submit with the application an
20 affidavit of the applicant's total household income, age,
21 marital status (and if married the name and address of the
22 applicant's spouse, if known), and principal dwelling place
23 of members of the household on January 1 of the taxable year.
24 The Department shall establish, by rule, a method for
25 verifying the accuracy of affidavits filed by applicants
26 under this Section. The applications shall be clearly marked
27 as applications for the Senior Citizens Assessment Freeze
28 Homestead Exemption.
29 In counties having less than 3,000,000 inhabitants, if an
30 applicant was denied an exemption in taxable year 1994 and
31 the denial occurred due to an error on the part of an
32 assessment official, or his or her agent or employee, then
33 beginning in taxable year 1997 the applicant's base year, for
34 purposes of determining the amount of the exemption, shall be
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1 1993 rather than 1994. In addition, in taxable year 1997, the
2 applicant's exemption shall also include an amount equal to
3 (i) the amount of any exemption denied to the applicant in
4 taxable year 1995 as a result of using 1994, rather than
5 1993, as the base year, (ii) the amount of any exemption
6 denied to the applicant in taxable year 1996 as a result of
7 using 1994, rather than 1993, as the base year, and (iii) the
8 amount of the exemption erroneously denied for taxable year
9 1994.
10 For purposes of this Section, a person who will be 65
11 years of age during the current taxable year shall be
12 eligible to apply for the homestead exemption during that
13 taxable year. Application shall be made during the
14 application period in effect for the county of his or her
15 residence.
16 The Chief County Assessment Officer may determine the
17 eligibility of a life care facility that qualifies as a
18 cooperative to receive the benefits provided by this Section
19 by use of an affidavit, application, visual inspection,
20 questionnaire, or other reasonable method in order to insure
21 that the tax savings resulting from the exemption are
22 credited by the management firm to the apportioned tax
23 liability of each qualifying resident. The Chief County
24 Assessment Officer may request reasonable proof that the
25 management firm has so credited that exemption.
26 Except as provided in this Section, all information
27 received by the chief county assessment officer or the
28 Department from applications filed under this Section, or
29 from any investigation conducted under the provisions of this
30 Section, shall be confidential, except for official purposes
31 or pursuant to official procedures for collection of any
32 State or local tax or enforcement of any civil or criminal
33 penalty or sanction imposed by this Act or by any statute or
34 ordinance imposing a State or local tax. Any person who
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1 divulges any such information in any manner, except in
2 accordance with a proper judicial order, is guilty of a Class
3 A misdemeanor.
4 Nothing contained in this Section shall prevent the
5 Director or chief county assessment officer from publishing
6 or making available reasonable statistics concerning the
7 operation of the exemption contained in this Section in which
8 the contents of claims are grouped into aggregates in such a
9 way that information contained in any individual claim shall
10 not be disclosed.
11 (Source: P.A. 88-669, eff. 11-29-94; 88-682, eff. 1-13-95;
12 89-62, eff. 1-1-96; 89-426, eff. 6-1-96; 89-557, eff. 1-1-97;
13 89-581, eff. 1-1-97; 89-626, eff. 8-9-96; revised 9-3-96.)
14 (35 ILCS 200/15-180)
15 Sec. 15-180. Homestead improvements. Homestead
16 properties that have been improved and residential structures
17 on homestead property that have been rebuilt following a
18 catastrophic event are entitled to a homestead improvement
19 exemption, limited to $30,000 per year in fair cash value,
20 when that property is owned and used exclusively for a
21 residential purpose and upon demonstration that a proposed
22 increase in assessed value is attributable solely to a new
23 improvement of an existing structure or the rebuilding of a
24 residential structure following a catastrophic event. To be
25 eligible for an exemption under this Section after a
26 catastrophic event, the residential structure must be rebuilt
27 within 2 years after the catastrophic event. The exemption
28 for rebuilt structures under this Section applies to the
29 increase in value of the rebuilt structure over the value of
30 the structure before the catastrophic event. The amount of
31 the exemption shall be limited to the fair cash value added
32 by the new improvement or rebuilding and shall continue for 4
33 years from the date the improvement or rebuilding is
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1 completed and occupied, or until the next following general
2 assessment of that property, whichever is later.
3 A proclamation of disaster by the President of the United
4 States or Governor of the State of Illinois is not a
5 prerequisite to the classification of an occurrence as a
6 catastrophic event under this Section. A "catastrophic
7 event" may include an occurrence of widespread or severe
8 damage or loss of property resulting from any catastrophic
9 cause including but not limited to fire, including arson
10 (provided the fire was not caused by the willful action of an
11 owner or resident of the property), flood, earthquake, wind,
12 storm, explosion, or extended periods of severe inclement
13 weather. In the case of a residential structure affected by
14 flooding, the structure shall not be eligible for this
15 homestead improvement exemption unless it is located within a
16 local jurisdiction which is participating in the National
17 Flood Insurance Program.
18 In counties of less than 3,000,000 inhabitants, in
19 addition to the notice requirement under Section 12-30, a
20 supervisor of assessments, county assessor, or township or
21 multi-township assessor responsible for adding an assessable
22 improvement to a residential property's assessment shall
23 either notify a taxpayer whose assessment has been changed
24 since the last preceding assessment that he or she may be
25 eligible for the exemption provided under this Section or
26 shall grant the exemption automatically.
27 (Source: P.A. 88-455; 89-595, eff. 1-1-97; 89-690, eff.
28 6-1-97; revised 1-15-97)
29 (35 ILCS 200/18-183)
30 Sec. 18-183. Cancellation and repayment of tax benefits.
31 Beginning with tax year 1996, if any taxing district enters
32 into an agreement that explicitly sets forth the terms and
33 length of a contract and thereby grants a tax abatement or
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1 other tax benefit under Sections 18-165 through 18-180 of
2 this Code, under the Economic Development Area Tax Increment
3 Allocation Act, the County Economic Development Project Area
4 Tax Increment Allocation Act of 1991, the Tax Increment
5 Allocation Redevelopment Act, the Industrial Jobs Recovery
6 Law, the Economic Development Project Area Tax Increment
7 Allocation Act of 1995, or under any other statutory or
8 constitutional authority implemented under the Property Tax
9 Code to a private individual or entity for the purpose of
10 originating, locating, maintaining, rehabilitating, or
11 expanding a business facility within the taxing district and
12 the individual or entity relocates the entire facility from
13 the taxing district in violation of the terms and length of
14 the contract explicitly set forth in the agreement, the
15 abatement or other tax benefit for the remainder of the term
16 is cancelled and the amount of the abatements or other tax
17 benefits granted before cancellation shall be repaid to the
18 taxing district within 30 days. This Section may be waived
19 by the mutual agreement of the individual or entity and the
20 taxing district.
21 (Source: P.A. 89-591, eff. 8-1-96; revised 8-15-96.)
22 (35 ILCS 200/18-184)
23 Sec. 18-184. 18-183. Abatement; annexation agreement.
24 Upon a majority vote of its governing authority, any
25 municipality may, after the determination of the assessed
26 valuation of its property, order the county clerk to abate
27 any portion of its taxes on any property that is the subject
28 of an annexation agreement between the municipality and the
29 property owner.
30 (Source: P.A. 89-537, eff. 1-1-97; revised 8-15-96.)
31 Section 2-100. The Illinois Pension Code is amended by
32 changing Section 16-106 as follows:
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1 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
2 Sec. 16-106. Teacher. "Teacher": The following
3 individuals, provided that, for employment prior to July 1,
4 1990, they are employed on a full-time basis, or if not
5 full-time, on a permanent and continuous basis in a position
6 in which services are expected to be rendered for at least
7 one school term:
8 (1) Any educational, administrative, professional
9 or other staff employed in the public common schools
10 included within this system in a position requiring
11 certification under the law governing the certification
12 of teachers;
13 (2) Any educational, administrative, professional
14 or other staff employed in any facility of the Department
15 of Children and Family Services or the Department of
16 Human Services, in a position requiring certification
17 under the law governing the certification of teachers,
18 and any person who (i) works in such a position for the
19 Department of Corrections, (ii) was a member of this
20 System on May 31, 1987, and (iii) did not elect to become
21 a member of the State Employees' Retirement System
22 pursuant to Section 14-108.2 of this Code;
23 (3) Any regional superintendent of schools,
24 assistant regional superintendent of schools, State
25 Superintendent of Education; any person employed by the
26 State Board of Education as an executive; any executive
27 of the boards engaged in the service of public common
28 school education in school districts covered under this
29 system of which the State Superintendent of Education is
30 an ex-officio member;
31 (4) Any employee of a school board association
32 operating in compliance with Article 23 of the School
33 Code who is certificated under the law governing the
34 certification of teachers;
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1 (5) Any person employed by the retirement system as
2 an executive, and any person employed by the retirement
3 system who is certificated under the law governing the
4 certification of teachers;
5 (6) Any educational, administrative, professional
6 or other staff employed by and under the supervision and
7 control of a regional superintendent of schools, provided
8 such employment position requires the person to be
9 certificated under the law governing the certification of
10 teachers and is in an educational program serving 2 or
11 more districts in accordance with a joint agreement
12 authorized by the School Code or by federal legislation;
13 (7) Any educational, administrative, professional
14 or other staff employed in an educational program
15 serving 2 or more school districts in accordance with a
16 joint agreement authorized by the School Code or by
17 federal legislation and in a position requiring
18 certification under the laws governing the certification
19 of teachers;
20 (8) Any officer or employee of a statewide teacher
21 organization who is certified under the law governing
22 certification of teachers, provided: (i) the individual
23 had previously established creditable service under this
24 Article, (ii) the individual files with the system, on or
25 before January 1, 1990, an irrevocable election to become
26 a member, and (iii) the individual does not receive
27 credit for such service under any other Article of this
28 Code;
29 (9) Any educational, administrative, professional,
30 or other staff employed in a charter school operating in
31 compliance with the Charter Schools Law who is
32 certificated under the law governing the certification of
33 teachers.
34 An annuitant receiving a retirement annuity under this
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1 Article or under Article 17 of this Code who is temporarily
2 employed by a board of education or other employer not
3 exceeding that permitted under Section 16-118 is not a
4 "teacher" for purposes of this Article. A person who has
5 received a single-sum retirement benefit under Section
6 16-136.4 of this Article is not a "teacher" for purposes of
7 this Article.
8 (Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
9 revised 10-3-96.)
10 Section 2-105. The Counties Code is amended by setting
11 forth, changing, and renumbering multiple versions of
12 Sections 5-1069.5 and 5-1121 as follows:
13 (55 ILCS 5/5-1069.2)
14 Sec. 5-1069.2. 5-1069.5. Post-parturition care. If a
15 county, including a home rule county, is a self-insurer for
16 purposes of providing health insurance coverage for its
17 employees, the coverage shall include coverage for the
18 post-parturition care benefits required to be covered by a
19 policy of accident and health insurance under Section 356s
20 356r of the Illinois Insurance Code. The requirement that
21 post-parturition care be covered as provided in this Section
22 is an exclusive power and function of the State and is a
23 denial and limitation under Article VII, Section 6,
24 subsection (h) of the Illinois Constitution. A home rule
25 county to which this Section applies must comply with every
26 provision of this Section.
27 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
28 (55 ILCS 5/5-1069.5)
29 Sec. 5-1069.5. Woman's health care provider. All
30 counties, including home rule counties, are subject to the
31 provisions of Section 356r of the Illinois Insurance Code.
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1 The requirement under this Section that health care benefits
2 provided by counties comply with Section 356r of the Illinois
3 Insurance Code is an exclusive power and function of the
4 State and is a denial and limitation of home rule county
5 powers under Article VII, Section 6, subsection (h) of the
6 Illinois Constitution.
7 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
8 (55 ILCS 5/5-1121)
9 Sec. 5-1121. Demolition, repair, or enclosure.
10 (a) The county board of each county may demolish,
11 repair, or enclose or cause the demolition, repair, or
12 enclosure of dangerous and unsafe buildings or uncompleted
13 and abandoned buildings within the territory of the county,
14 but not within the territory of any municipality, and may
15 remove or cause the removal of garbage, debris, and other
16 hazardous, noxious, or unhealthy substances or materials from
17 those buildings.
18 The county board shall apply to the circuit court of the
19 county in which the building is located (i) for an order
20 authorizing action to be taken with respect to a building if
21 the owner or owners of the building, including the lien
22 holders of record, after at least 15 days' written notice by
23 mail to do so, have failed to put the building in a safe
24 condition or to demolish it or (ii) for an order requiring
25 the owner or owners of record to demolish, repair, or enclose
26 the building or to remove garbage, debris, and other
27 hazardous, noxious, or unhealthy substances or materials from
28 the building. It is not a defense to the cause of action
29 that the building is boarded up or otherwise enclosed,
30 although the court may order the defendant to have the
31 building boarded up or otherwise enclosed. Where, upon
32 diligent search, the identity or whereabouts of the owner or
33 owners of the building, including the lien holders of record,
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1 is not ascertainable, notice mailed to the person or persons
2 in whose name the real estate was last assessed is sufficient
3 notice under this Section.
4 The hearing upon the application to the circuit court
5 shall be expedited by the court and shall be given precedence
6 over all other suits.
7 The cost of the demolition, repair, enclosure, or removal
8 incurred by the county, by an intervenor, or by a lien holder
9 of record, including court costs, attorney's fees, and other
10 costs related to the enforcement of this Section, is
11 recoverable from the owner or owners of the real estate or
12 the previous owner or both if the property was transferred
13 during the 15 day notice period and is a lien on the real
14 estate; the lien is superior to all prior existing liens and
15 encumbrances, except taxes, if, within 180 days after the
16 repair, demolition, enclosure, or removal, the county, the
17 lien holder of record, or the intervenor who incurred the
18 cost and expense shall file a notice of lien for the cost and
19 expense incurred in the office of the recorder in the county
20 in which the real estate is located or in the office of the
21 registrar of titles of the county if the real estate affected
22 is registered under the Registered Titles (Torrens) Act.
23 The notice must consist of a sworn statement setting out
24 (1) a description of the real estate sufficient for its
25 identification, (2) the amount of money representing the cost
26 and expense incurred, and (3) the date or dates when the cost
27 and expense was incurred by the county, the lien holder of
28 record, or the intervenor. Upon payment of the cost and
29 expense by the owner of or persons interested in the property
30 after the notice of lien has been filed, the lien shall be
31 released by the county, the person in whose name the lien has
32 been filed, or the assignee of the lien, and the release may
33 be filed of record as in the case of filing notice of lien.
34 Unless the lien is enforced under subsection (b), the lien
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1 may be enforced by foreclosure proceedings as in the case of
2 mortgage foreclosures under Article XV of the Code of Civil
3 Procedure or mechanics' lien foreclosures. An action to
4 foreclose this lien may be commenced at any time after the
5 date of filing of the notice of lien. The costs of
6 foreclosure incurred by the county, including court costs,
7 reasonable attorney's fees, advances to preserve the
8 property, and other costs related to the enforcement of this
9 subsection, plus statutory interest, are a lien on the real
10 estate and are recoverable by the county from the owner or
11 owners of the real estate.
12 All liens arising under this subsection (a) shall be
13 assignable. The assignee of the lien shall have the same
14 power to enforce the lien as the assigning party, except that
15 the lien may not be enforced under subsection (b).
16 If the appropriate official of any county determines that
17 any dangerous and unsafe building or uncompleted and
18 abandoned building within its territory fulfills the
19 requirements for an action by the county under the Abandoned
20 Housing Rehabilitation Act, the county may petition under
21 that Act in a proceeding brought under this subsection.
22 (b) In any case where a county has obtained a lien under
23 subsection (a), the county may enforce the lien under this
24 subsection (b) in the same proceeding in which the lien is
25 authorized.
26 A county desiring to enforce a lien under this subsection
27 (b) shall petition the court to retain jurisdiction for
28 foreclosure proceedings under this subsection. Notice of the
29 petition shall be served, by certified or registered mail, on
30 all persons who were served notice under subsection (a). The
31 court shall conduct a hearing on the petition not less than
32 15 days after the notice is served. If the court determines
33 that the requirements of this subsection (b) have been
34 satisfied, it shall grant the petition and retain
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1 jurisdiction over the matter until the foreclosure proceeding
2 is completed. The costs of foreclosure incurred by the
3 county, including court costs, reasonable attorneys' fees,
4 advances to preserve the property, and other costs related to
5 the enforcement of this subsection, plus statutory interest,
6 are a lien on the real estate and are recoverable by the
7 county from the owner or owners of the real estate. If the
8 court denies the petition, the county may enforce the lien in
9 a separate action as provided in subsection (a).
10 All persons designated in Section 15-1501 of the Code of
11 Civil Procedure as necessary parties in a mortgage
12 foreclosure action shall be joined as parties before issuance
13 of an order of foreclosure. Persons designated in Section
14 15-1501 of the Code of Civil Procedure as permissible parties
15 may also be joined as parties in the action.
16 The provisions of Article XV of the Code of Civil
17 Procedure applicable to mortgage foreclosures shall apply to
18 the foreclosure of a lien under this subsection (b), except
19 to the extent that those provisions are inconsistent with
20 this subsection. For purposes of foreclosures of liens
21 under this subsection, however, the redemption period
22 described in subsection (b) of Section 15-1603 of the Code of
23 Civil Procedure shall end 60 days after the date of entry of
24 the order of foreclosure.
25 (c) In addition to any other remedy provided by law, the
26 county board of any county may petition the circuit court to
27 have property declared abandoned under this subsection (c)
28 if:
29 (1) the property has been tax delinquent for 2 or
30 more years or bills for water service for the property
31 have been outstanding for 2 or more years;
32 (2) the property is unoccupied by persons legally
33 in possession; and
34 (3) the property contains a dangerous or unsafe
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1 building.
2 All persons having an interest of record in the property,
3 including tax purchasers and beneficial owners of any
4 Illinois land trust having title to the property, shall be
5 named as defendants in the petition and shall be served with
6 process. In addition, service shall be had under Section
7 2-206 of the Code of Civil Procedure as in other cases
8 affecting property.
9 The county, however, may proceed under this subsection in
10 a proceeding brought under subsection (a). Notice of the
11 petition shall be served by certified or registered mail on
12 all persons who were served notice under subsection (a).
13 If the county proves that the conditions described in
14 this subsection exist and the owner of record of the property
15 does not enter an appearance in the action, or, if title to
16 the property is held by an Illinois land trust, if neither
17 the owner of record nor the owner of the beneficial interest
18 of the trust enters an appearance, the court shall declare
19 the property abandoned.
20 If that determination is made, notice shall be sent by
21 certified or registered mail to all persons having an
22 interest of record in the property, including tax purchasers
23 and beneficial owners of any Illinois land trust having title
24 to the property, stating that title to the property will be
25 transferred to the county unless, within 30 days of the
26 notice, the owner of record enters an appearance in the
27 action, or unless any other person having an interest in the
28 property files with the court a request to demolish the
29 dangerous or unsafe building or to put the building in safe
30 condition.
31 If the owner of record enters an appearance in the action
32 within the 30 day period, the court shall vacate its order
33 declaring the property abandoned. In that case, the county
34 may amend its complaint in order to initiate proceedings
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1 under subsection (a).
2 If a request to demolish or repair the building is filed
3 within the 30 day period, the court shall grant permission to
4 the requesting party to demolish the building within 30 days
5 or to restore the building to safe condition within 60 days
6 after the request is granted. An extension of that period
7 for up to 60 additional days may be given for good cause. If
8 more than one person with an interest in the property files a
9 timely request, preference shall be given to the person with
10 the lien or other interest of the highest priority.
11 If the requesting party proves to the court that the
12 building has been demolished or put in a safe condition
13 within the period of time granted by the court, the court
14 shall issue a quitclaim judicial deed for the property to the
15 requesting party, conveying only the interest of the owner of
16 record, upon proof of payment to the county of all costs
17 incurred by the county in connection with the action,
18 including but not limited to court costs, attorney's fees,
19 administrative costs, the costs, if any, associated with
20 building enclosure or removal, and receiver's certificates.
21 The interest in the property so conveyed shall be subject to
22 all liens and encumbrances on the property. In addition, if
23 the interest is conveyed to a person holding a certificate of
24 purchase for the property under the Property Tax Code, the
25 conveyance shall be subject to the rights of redemption of
26 all persons entitled to redeem under that Act, including the
27 original owner of record.
28 If no person with an interest in the property files a
29 timely request or if the requesting party fails to demolish
30 the building or put the building in safe condition within the
31 time specified by the court, the county may petition the
32 court to issue a judicial deed for the property to the
33 county. A conveyance by judicial deed shall operate to
34 extinguish all existing ownership interests in, liens on, and
HB1269 Engrossed -95- LRB9001000EGfg
1 other interest in the property, including tax liens.
2 (d) Each county may use the provisions of this
3 subsection to expedite the removal of certain buildings that
4 are a continuing hazard to the community in which they are
5 located.
6 If a residential building is 2 stories or less in height
7 as defined by the county's building code, and the official
8 designated to be in charge of enforcing the county's building
9 code determines that the building is open and vacant and an
10 immediate and continuing hazard to the community in which the
11 building is located, then the official shall be authorized to
12 post a notice not less than 2 feet by 2 feet in size on the
13 front of the building. The notice shall be dated as of the
14 date of the posting and shall state that unless the building
15 is demolished, repaired, or enclosed, and unless any garbage,
16 debris, and other hazardous, noxious, or unhealthy substances
17 or materials are removed so that an immediate and continuing
18 hazard to the community no longer exists, then the building
19 may be demolished, repaired, or enclosed, or any garbage,
20 debris, and other hazardous, noxious, or unhealthy substances
21 or materials may be removed, by the county.
22 Not later than 30 days following the posting of the
23 notice, the county shall do both of the following:
24 (1) Cause to be sent, by certified mail, return
25 receipt requested, a notice to all owners of record of
26 the property, the beneficial owners of any Illinois land
27 trust having title to the property, and all lienholders
28 of record in the property, stating the intent of the
29 county to demolish, repair, or enclose the building or
30 remove any garbage, debris, or other hazardous, noxious,
31 or unhealthy substances or materials if that action is
32 not taken by the owner or owners.
33 (2) Cause to be published, in a newspaper published
34 or circulated in the county where the building is
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1 located, a notice setting forth (i) the permanent tax
2 index number and the address of the building, (ii) a
3 statement that the property is open and vacant and
4 constitutes an immediate and continuing hazard to the
5 community, and (iii) a statement that the county intends
6 to demolish, repair, or enclose the building or remove
7 any garbage, debris, or other hazardous, noxious, or
8 unhealthy substances or materials if the owner or owners
9 or lienholders of record fail to do so. This notice
10 shall be published for 3 consecutive days.
11 A person objecting to the proposed actions of the county
12 board may file his or her objection in an appropriate form in
13 a court of competent jurisdiction.
14 If the building is not demolished, repaired, or enclosed,
15 or the garbage, debris, or other hazardous, noxious, or
16 unhealthy substances or materials are not removed, within 30
17 days of mailing the notice to the owners of record, the
18 beneficial owners of any Illinois land trust having title to
19 the property, and all lienholders of record in the property,
20 or within 30 days of the last day of publication of the
21 notice, whichever is later, the county board shall have the
22 power to demolish, repair, or enclose the building or to
23 remove any garbage, debris, or other hazardous, noxious, or
24 unhealthy substances or materials.
25 The county may proceed to demolish, repair, or enclose a
26 building or remove any garbage, debris, or other hazardous,
27 noxious, or unhealthy substances or materials under this
28 subsection within a 120-day period following the date of the
29 mailing of the notice if the appropriate official determines
30 that the demolition, repair, enclosure, or removal of any
31 garbage, debris, or other hazardous, noxious, or unhealthy
32 substances or materials is necessary to remedy the immediate
33 and continuing hazard. If, however, before the county
34 proceeds with any of the actions authorized by this
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1 subsection, any person has sought a hearing under this
2 subsection before a court and has served a copy of the
3 complaint on the chief executive officer of the county, then
4 the county shall not proceed with the demolition, repair,
5 enclosure, or removal of garbage, debris, or other substances
6 until the court determines that that action is necessary to
7 remedy the hazard and issues an order authorizing the county
8 to do so.
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 county may file a notice of lien
13 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. The notice of lien shall consist of a sworn
21 statement setting forth (i) a description of the real estate,
22 such as the address or other description of the property,
23 sufficient for its identification; (ii) the expenses incurred
24 by the county in undertaking the remedial actions authorized
25 under this subsection; (iii) the date or dates the expenses
26 were incurred by the county; (iv) a statement by the official
27 responsible for enforcing the building code that the building
28 was open and vacant and constituted an immediate and
29 continuing hazard to the community; (v) a statement by the
30 official that the required sign was posted on the building,
31 that notice was sent by certified mail to the owners of
32 record, and that notice was published in accordance with this
33 subsection; and (vi) a statement as to when and where the
34 notice was published. The lien authorized by this subsection
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1 may thereafter be released or enforced by the county as
2 provided in subsection (a).
3 (Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
4 (55 ILCS 5/5-1123)
5 Sec. 5-1123. 5-1121. Builder or developer cash bond.
6 (a) A county may not require a cash bond from a builder
7 or developer to guarantee completion of a project improvement
8 when the builder or developer has filed a current,
9 irrevocable letter of credit with good and sufficient
10 sureties with the county clerk in an amount equal to or
11 greater than 110% of the amount of the bid on each project
12 improvement. A builder or developer may elect to utilize an
13 irrevocable letter of credit to satisfy any cash bond
14 requirement established by a county.
15 (b) If a county receives a cash bond from a builder or
16 developer to guarantee completion of a project improvement,
17 the county shall (i) register the bond under the address of
18 the project and the construction permit number and (ii) give
19 the builder or developer a receipt for the bond. The county
20 shall establish and maintain a separate account for all cash
21 bonds received from builders and developers to guarantee
22 completion of a project improvement.
23 (c) The county shall refund a cash bond to a builder or
24 developer within 60 days after the builder or developer
25 notifies the county in writing of the completion of the
26 project improvement for which the bond was required. For
27 these purposes, "completion" means that the county has
28 determined that the project improvement for which the bond
29 was required is complete or a licensed engineer or licensed
30 architect has certified to the builder or developer and the
31 county that the project improvement has been completed to the
32 applicable codes and ordinances. The county shall pay
33 interest to the builder or developer, beginning 60 days after
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1 the builder or developer notifies the county in writing of
2 the completion of the project improvement, on any bond not
3 refunded to a builder or developer, at the rate of 1% per
4 month.
5 (d) A home rule county may not require or maintain cash
6 bonds from builders or developers in a manner inconsistent
7 with this Section. This Section is a denial and limitation
8 under subsection (i) of Section 6 of Article VII of the
9 Illinois Constitution on the concurrent exercise by a home
10 rule county of powers and functions exercised by the State.
11 (Source: P.A. 89-518, eff. 1-1-97; revised 8-15-96.)
12 Section 2-110. The County Care for Persons with
13 Developmental Disabilities Act is amended by changing Section
14 13 as follows:
15 (55 ILCS 105/13) (from Ch. 91 1/2, par. 213)
16 Sec. 13. The Department of Human Services shall adopt
17 general rules for the guidance of any board of directors,
18 prescribing reasonable standards in regard to program,
19 facilities and services for residents with a developmental
20 disability.
21 The provisions of the Illinois Administrative Procedure
22 Act are hereby expressly adopted and shall apply to all
23 administrative rules and procedures of the Department under
24 this Act, except that in case of conflict between the
25 Illinois Administrative Procedure Act and this Act the
26 provisions of this Act shall control, and except that Section
27 5-35 of the Illinois Administrative Procedure Act relating to
28 procedures for rule-making does not apply to the adoption of
29 any rule required by federal law in connection with which the
30 Department is precluded by law from exercising any
31 discretion.
32 The Department of Human Services may conduct such
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1 investigation as may be necessary to ascertain compliance
2 with rules adopted pursuant to this Act.
3 If any such board of directors fails to comply with such
4 rules, the Department of Human Services shall withhold
5 distribution of any State grant in aid until such time as
6 such board complies with such rules.
7 (Source: P.A. 88-45; 88-380; 88-388; 89-507, eff. 7-1-97;
8 89-585, eff. 1-1-97; revised 9-9-96.)
9 Section 2-115. The Illinois Municipal Code is amended by
10 changing Sections 7-1-1 and 11-15.1-2 and setting forth,
11 changing, and renumbering multiple versions of Section
12 10-4-2.5 as follows:
13 (65 ILCS 5/7-1-1) (from Ch. 24, par. 7-1-1)
14 Sec. 7-1-1. Annexation of contiguous territory. Any
15 territory that is not within the corporate limits of any
16 municipality but is contiguous to a municipality may be
17 annexed to the municipality as provided in this Article. For
18 the purposes of this Article any territory to be annexed to a
19 municipality shall be considered to be contiguous to the
20 municipality notwithstanding that the territory is separated
21 from the municipality by a railroad or public utility
22 right-of-way, but upon annexation the area included within
23 that right-of-way shall not be considered to be annexed to
24 the municipality.
25 Except in counties with a population of more than 500,000
26 but less than 3,000,000, territory which is not contiguous to
27 a municipality but is separated therefrom only by a forest
28 preserve district may be annexed to the municipality pursuant
29 to Sections 7-1-7 or 7-1-8, but the territory included within
30 such forest preserve district shall not be annexed to the
31 municipality nor shall the territory of the forest preserve
32 district be subject to rights-of-way for access or services
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1 between the parts of the municipality separated by the forest
2 preserve district without the consent of the governing body
3 of the forest preserve district.
4 In counties that are contiguous to the Mississippi River
5 with populations of more than 200,000 but less than 255,000,
6 a municipality that is partially located in territory that is
7 wholly surrounded by the Mississippi River and a canal,
8 connected at both ends to the Mississippi River and located
9 on property owned by the United States of America, may annex
10 noncontiguous territory in the surrounded territory under
11 Sections 7-1-7, 7-1-8, or 7-1-9 if that territory is
12 separated from the municipality by property owned by the
13 United States of America, but that federal property shall not
14 be annexed without the consent of the federal government.
15 When any land proposed to be annexed is part of any Fire
16 Protection District or of any Public Library District and the
17 annexing municipality provides fire protection or a public
18 library, as the case may be, the Trustees of each District
19 shall be notified in writing by certified or registered mail
20 before any court hearing or other action is taken for
21 annexation. The notice shall be served 10 days in advance.
22 An affidavit that service of notice has been had as provided
23 by this Section must be filed with the clerk of the court in
24 which the annexation proceedings are pending or will be
25 instituted or, when no court proceedings are involved, with
26 the recorder for the county where the land is situated. No
27 annexation of that land is effective unless service is had
28 and the affidavit filed as provided in this Section.
29 The new boundary shall extend to the far side of any
30 adjacent highway and shall include all of every highway
31 within the area annexed. These highways shall be considered
32 to be annexed even though not included in the legal
33 description set forth in the petition for annexation. When
34 any land proposed to be annexed includes any highway under
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1 the jurisdiction of any township, the Township Commissioner
2 of Highways and the Board of Town Trustees shall be notified
3 in writing by certified or registered mail before any court
4 hearing or other action is taken for annexation. In the event
5 that a municipality fails to notify the Township Commissioner
6 of Highways and the Board of Town Trustees of the annexation
7 of an area within the township, the municipality shall
8 reimburse that township for any loss or liability caused by
9 the failure to give notice. If any municipality has annexed
10 any area before October 1, 1975, and the legal description in
11 the petition for annexation did not include the entire
12 adjacent highway, any such annexation shall be valid and any
13 highway adjacent to the area annexed shall be considered to
14 be annexed notwithstanding the failure of the petition to
15 annex to include the description of the entire adjacent
16 highway.
17 Any annexation, disconnection and annexation, or
18 disconnection under this Article of any territory must be
19 reported by certified or registered mail by the corporate
20 authority initiating the action to the election authorities
21 having jurisdiction in the territory and the post office
22 branches serving the territory within 30 days of the
23 annexation, disconnection and annexation, or disconnection.
24 Failure to give notice to the required election
25 authorities or post office branches will not invalidate the
26 annexation or disconnection. For purposes of this Section
27 "election authorities" means the county clerk where the clerk
28 acts as the clerk of elections or the clerk of the election
29 commission having jurisdiction.
30 No annexation, disconnection and annexation, or
31 disconnection under this Article of territory having electors
32 residing therein made (1) before any primary election to be
33 held within the municipality affected thereby and after the
34 time for filing petitions as a candidate for nomination to
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1 any office to be chosen at the primary election or (2) within
2 60 days before any general election to be held within the
3 municipality shall be effective until the day after the date
4 of the primary or general election, as the case may be.
5 For the purpose of this Section, a toll highway or
6 connection between parcels via an overpass bridge over a toll
7 highway shall not be considered a deterrent to the definition
8 of contiguous territory.
9 When territory is proposed to be annexed by court order
10 under this Article, the corporate authorities or petitioners
11 initiating the action shall notify each person who pays real
12 estate taxes on property within that territory unless the
13 person is a petitioner. The notice shall be served by
14 certified or registered mail, return receipt requested, at
15 least 20 days before a court hearing or other court action.
16 If the person who pays real estate taxes on the property is
17 not the owner of record, then the payor shall notify the
18 owner of record of the proposed annexation.
19 (Source: P.A. 89-388, eff. 1-1-96; 89-502, eff. 6-28-96;
20 89-666, eff. 8-14-96; revised 8-19-96.)
21 (65 ILCS 5/10-4-2.2)
22 Sec. 10-4-2.2. 10-4-2.5. Post-parturition care. If a
23 municipality, including a home rule municipality, is a
24 self-insurer for purposes of providing health insurance
25 coverage for its employees, the coverage shall include
26 coverage for the post-parturition care benefits required to
27 be covered by a policy of accident and health insurance under
28 Section 356s 356r of the Illinois Insurance Code. The
29 requirement that post-parturition care be covered as provided
30 in this Section is an exclusive power and function of the
31 State and is a denial and limitation under Article VII,
32 Section 6, subsection (h) of the Illinois Constitution. A
33 home rule municipality to which this Section applies must
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1 comply with every provision of this Section.
2 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
3 (65 ILCS 5/10-4-2.5)
4 Sec. 10-4-2.5. Woman's health care provider. The
5 corporate authorities of all municipalities are subject to
6 the provisions of Section 356r of the Illinois Insurance
7 Code. The requirement under this Section that health care
8 benefits provided by municipalities comply with Section 356r
9 of the Illinois Insurance Code is an exclusive power and
10 function of the State and is a denial and limitation of home
11 rule municipality powers under Article VII, Section 6,
12 subsection (h) of the Illinois Constitution.
13 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
14 (65 ILCS 5/11-15.1-2) (from Ch. 24, par. 11-15.1-2)
15 Sec. 11-15.1-2. Any such agreement may provide for the
16 following as it relates to the land which is the subject of
17 the agreement:
18 (a) The annexation of such territory to the
19 municipality, subject to the provisions of Article 7.
20 (b) The continuation in effect, or amendment, or
21 continuation in effect as amended, of any ordinance relating
22 to subdivision controls, zoning, official plan, and building,
23 housing and related restrictions; provided, however, that any
24 public hearing required by law to be held before the adoption
25 of any ordinance amendment provided in such agreement shall
26 be held prior to the execution of the agreement, and all
27 ordinance amendments provided in such agreement shall be
28 enacted according to law.
29 (c) A limitation upon increases in permit fees required
30 by the municipality.
31 (d) Contributions of either land or monies, or both, to
32 any municipality and to other units of local government
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1 having jurisdiction over all or part of land that is the
2 subject matter of any annexation agreement entered into under
3 the provisions of this Section shall be deemed valid when
4 made and shall survive the expiration date of any such
5 annexation agreement with respect to all or any part of the
6 land that was the subject matter of the annexation agreement.
7 (e) The granting of utility franchises for such land.
8 (e-5) The abatement of property taxes.
9 (f) Any other matter not inconsistent with the
10 provisions of this Code, nor forbidden by law.
11 Any action taken by the corporate authorities during the
12 period such agreement is in effect, which, if it applied to
13 the land which is the subject of the agreement, would be a
14 breach of such agreement, shall not apply to such land
15 without an amendment of such agreement.
16 After the effective term of any annexation agreement and
17 unless otherwise provided for within the annexation agreement
18 or an amendment to the annexation agreement, the provisions
19 of any ordinance relating to the zoning of the land that is
20 provided for within the agreement or an amendment to the
21 agreement, shall remain in effect unless modified in
22 accordance with law. This amendatory Act of 1995 is
23 declarative of existing law and shall apply to all annexation
24 agreements.
25 (Source: P.A. 89-432, eff. 6-1-96; 89-537, eff. 1-1-97;
26 revised 8-15-96.)
27 Section 2-120. The Fire Protection District Act is
28 amended by changing Section 4 as follows:
29 (70 ILCS 705/4) (from Ch. 127 1/2, par. 24)
30 Sec. 4. Trustees; conflict of interest; violations.
31 (a) A board of trustees consisting of 3 members for the
32 government and control of the affairs and business of a fire
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1 protection district incorporated under this Act shall be
2 created in the following manner:
3 (1) If the district lies wholly within a single
4 township but does not also lie wholly within a
5 municipality, the board of trustees of that township
6 shall appoint the trustees for the district but no
7 township official who is eligible to vote on the
8 appointment shall be eligible for such appointment.
9 (2) If the district is wholly contained within a
10 municipality, the governing body of the municipality
11 shall appoint the trustees for the district.
12 (3) If the district is wholly contained within a
13 single county but does not lie wholly within a single
14 township or a single municipality, the trustees for the
15 district shall be appointed by the presiding officer of
16 the county board with the advice and consent of the
17 county board; except that in counties with a population
18 in excess of 3,000,000, 2 trustees for the district shall
19 be appointed by the board of trustees of the township
20 that has the greatest population within the district as
21 determined by the last preceding federal census. That
22 board of trustees shall also appoint the remaining
23 trustee if no other township comprises at least 10% of
24 the population of the district. If only one other
25 township comprises at least 10% of the population of the
26 district, then the board of trustees of that district
27 shall appoint the remaining trustee. If 2 or more other
28 townships each comprise at least 10% of the population of
29 the district, then the boards of trustees of those
30 townships shall jointly appoint the remaining trustee.
31 No township official who is eligible to vote on the
32 appointment shall be eligible for the appointment.
33 (4) If the district is located in more than one
34 county, the number of trustees who are residents of a
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1 county shall be in proportion, as nearly as practicable,
2 to the number of residents of the district who reside in
3 that county in relation to the total population of the
4 district.
5 (A) In counties with a population of 3,000,000
6 or more, the trustees shall be appointed as provided
7 in paragraphs (1), (2), and (3) of subsection (a) of
8 this Section. For purposes of this item (A) and in
9 item (B), "district" means that portion of the total
10 fire protection district lying within a county with
11 a population in excess of 3,000,000.
12 (B) In counties with a population of less than
13 3,000,000, the trustees for the district shall be
14 appointed by the presiding officer of the county
15 board with the advice and consent of the county
16 board.
17 Upon the expiration of the term of a trustee who is in
18 office on October 1, 1975, the successor shall be a resident
19 of whichever county is entitled to such representation in
20 order to bring about the proportional representation required
21 herein, and he shall be appointed by the county board of that
22 county, or in the case of a home rule county as defined by
23 Article VII, Section 6 of the Constitution of 1970, the chief
24 executive officer of that county, with the advice and consent
25 of the county board.
26 Thereafter, each trustee shall be succeeded by a resident
27 of the same county who shall be appointed by the same
28 appointing authority; however, the provisions of the
29 preceding paragraph shall apply to the appointment of the
30 successor to each trustee who is in office at the time of the
31 publication of each decennial Federal census of population.
32 Within 60 days after the adoption of this Act as provided
33 in Section 1, or within 60 days after the adoption of an
34 ordinance pursuant to subsection (c) of Section 4.01, the
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1 appropriate appointing authority shall appoint 3 trustees who
2 are electors in the district, not more than one of whom shall
3 be from any one city or village or incorporated town in a
4 district unless such city or village or incorporated town has
5 more than 50% of the population in the district according to
6 last preceding Federal census. Such trustees shall hold
7 their offices thenceforward and for one, 2 and 3 years from
8 the first Monday of May next after their appointment and
9 until their successors have been selected and qualified and
10 thereafter, unless the district has determined to elect
11 trustees as provided in Section 4a, on or before the second
12 Monday in April of each year the appointing authority shall
13 appoint one trustee whose term shall be for 3 years
14 commencing on the first Monday in May next after they are
15 respectively appointed. The length of term of the first
16 trustees shall be determined by lot at their first meeting.
17 Each trustee shall, before entering on the duties of his
18 office, enter into bond with security to be approved by the
19 appointing authority in such sum as the authority may
20 determine.
21 A majority of the board of trustees shall constitute a
22 quorum, but a smaller number may adjourn from day to day. No
23 trustee or employee of such district shall be directly or
24 indirectly interested financially in any contract work or
25 business or the sale of any article, the expense, price or
26 consideration of which is paid by the district; nor in the
27 purchase of any real estate or other property, belonging to
28 the district, or which shall be sold for taxes or assessments
29 or by virtue of legal process at the suit of the district.
30 Nothing in this Section prohibits the appointment or
31 selection of any person or trustee or employee whose only
32 interest in the district is as an owner of real estate in
33 such fire protection district or of contributing to the
34 payment of taxes levied by the district. The trustees shall
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1 have the power to provide and adopt a corporate seal for the
2 district.
3 (b) However, any trustee may provide materials,
4 merchandise, property, services or labor, if:
5 A. the contract is with a person, firm,
6 partnership, association, corporation or cooperative
7 association in which such interested trustee has less
8 than a 7 1/2% share in the ownership; and
9 B. such interested trustee publicly discloses the
10 nature and extent of his interest prior to or during
11 deliberations concerning the proposed award of the
12 contract; and
13 C. such interested trustee abstains from voting on
14 the award of the contract, though he shall be considered
15 present for the purposes of establishing a quorum; and
16 D. such contract is approved by a majority vote of
17 those trustees presently holding office; and
18 E. the contract is awarded after sealed bids to the
19 lowest responsible bidder if the amount of the contract
20 exceeds $1500, but the contract may be awarded without
21 bidding if the amount is less than $1500; and
22 F. the award of the contract would not cause the
23 aggregate amount of all such contracts so awarded to the
24 same person, firm, association, partnership, corporation,
25 or cooperative association in the same fiscal year to
26 exceed $25,000.
27 (c) In addition to the above exemption, any trustee or
28 employee may provide materials, merchandise, property,
29 services or labor if:
30 A. the award of the contract is approved by a
31 majority vote of the board of trustees of the fire
32 protection district provided that any such interested
33 member shall abstain from voting; and
34 B. the amount of the contract does not exceed
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1 $1000; and
2 C. the award of the contract would not cause the
3 aggregate amount of all such contracts so awarded to the
4 same person, firm, association, partnership, corporation,
5 or cooperative association in the same fiscal year to
6 exceed $2000; and
7 D. such interested member publicly discloses the
8 nature and extent of his interest prior to or during
9 deliberations concerning the proposed award of the
10 contract; and
11 E. such interested member abstains from voting on
12 the award of the contract, though he shall be considered
13 present for the purposes of establishing a quorum.
14 (d) A contract for the procurement of public utility
15 services by a district with a public utility company is not
16 barred by this Section by one or more members of the board of
17 trustees being an officer or employee of the public utility
18 company or holding an ownership interest if no more than 7
19 1/2% in the public utility company, or holding an ownership
20 interest of any size if the fire protection district has a
21 population of less than 7,500 and the public utility's rates
22 are approved by the Illinois Commerce Commission. An elected
23 or appointed member of the board of trustees having such an
24 interest shall be deemed not to have a prohibited interest
25 under this Section.
26 (e) Any officer or employee who violates this Section is
27 guilty of a Class 4 felony and in addition thereto any office
28 held by such person so convicted shall become vacant and
29 shall be so declared as part of the judgment of the court.
30 (f) Nothing contained in this Section, including the
31 restrictions set forth in subsections (b), (c) and (d), shall
32 preclude a contract of deposit of monies, loans or other
33 financial services by a fire protection district with a local
34 bank or local savings and loan association, regardless of
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1 whether a member or members of the board of trustees of the
2 fire protection district are interested in such bank or
3 savings and loan association as an officer or employee or as
4 a holder of less than 7 1/2% of the total ownership interest.
5 A member or members holding such an interest in such a
6 contract shall not be deemed to be holding a prohibited
7 interest for purposes of this Act. Such interested member or
8 members of the board of trustees must publicly state the
9 nature and extent of their interest during deliberations
10 concerning the proposed award of such a contract, but shall
11 not participate in any further deliberations concerning the
12 proposed award. Such interested member or members shall not
13 vote on such a proposed award. Any member or members
14 abstaining from participation in deliberations and voting
15 under this Section may be considered present for purposes of
16 establishing a quorum. Award of such a contract shall require
17 approval by a majority vote of those members presently
18 holding office. Consideration and award of any such contract
19 in which a member or members are interested may only be made
20 at a regularly scheduled public meeting of the board of
21 trustees of the fire protection district.
22 (g) Beginning on the effective date of this amendatory
23 Act of 1990 and ending 3 years after the effective date of
24 this amendatory Act of 1990, in the case of a fire protection
25 district board of trustees in a county with a population of
26 more than 400,000 but less than 450,000, according to the
27 1980 general census, created under subsection (a), paragraph
28 (3) of this Section a petition for the redress of a trustee,
29 charging the trustee with palpable omission of duty or
30 nonfeasance in office, signed by not less than 5% of the
31 electors of the district may be presented to the township
32 supervisor or the presiding officer of the county board, as
33 appropriate. Upon receipt of the petition, the township
34 supervisor or presiding officer of the county board, as
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1 appropriate, shall preside over a hearing on the matter of
2 the requested redress. The hearing shall be held not less
3 than 14 nor more than 30 days after receipt of the petition.
4 In the case of a fire protection district trustee appointed
5 by the presiding officer of the county board, the presiding
6 officer shall appoint at least 4 but not more than 8 members
7 of the county board, a majority of whom shall reside in a
8 county board district in which the fire protection district
9 is wholly or partially located, to serve as the hearing
10 panel. In the case of a fire protection district trustee
11 appointed by the board of town trustees, the township
12 supervisor and 2 other town trustees appointed by the
13 supervisor shall serve as the hearing panel. Within 30 days
14 after the hearing, the panel shall issue a statement of its
15 findings concerning the charges against the trustee, based
16 upon the evidence presented at the hearing, and may make to
17 the fire protection district any recommendations deemed
18 appropriate.
19 (Source: P.A. 89-482, eff. 1-1-97; 89-588, eff. 1-1-97;
20 revised 8-14-96.)
21 Section 2-125. The Park District Code is amended by
22 changing Section 10-7 as follows:
23 (70 ILCS 1205/10-7) (from Ch. 105, par. 10-7)
24 Sec. 10-7. Sale, lease, or exchange of realty.
25 (a) Any park district owning and holding any real estate
26 is authorized to sell or lease such property to another unit
27 of Illinois State or local government, or to lease upon the
28 terms and at the price that the board determines for a period
29 not to exceed 99 years to any not for profit corporation
30 organized under the laws of this State, in either case for
31 public use, and provided that the grantee or lessee covenants
32 to hold and maintain such property for public park or
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1 recreational purposes or such park district obtains other
2 real property of substantially the same size or larger and of
3 substantially the same or greater suitability for park
4 purposes without additional cost to such district.
5 (b) Any park district owning or holding any real estate
6 is authorized to convey such property to a nongovernmental
7 entity in exchange for other real property of substantially
8 equal or greater value as determined by 2 appraisals of the
9 property and of substantially the same or greater suitability
10 for park purposes without additional cost to such district.
11 Prior to such exchange with a nongovernmental entity the
12 park board shall hold a public meeting in order to consider
13 the proposed conveyance. Notice of such meeting shall be
14 published not less than three times (the first and last
15 publication being not less than 10 days apart) in a newspaper
16 of general circulation within the park district. If there is
17 no such newspaper, then such notice shall be posted in not
18 less than 3 public places in said park district and such
19 notice shall not become effective until 10 days after said
20 publication or posting.
21 (c) Notwithstanding any other provision of this Act,
22 this subsection (c) shall apply only to any park districts
23 that serve district which serves territory within a
24 municipality having of more than 40,000 inhabitants and
25 within a county having of more than 260,000 inhabitants and
26 bordering that borders the Mississippi River. Any park
27 district owning or holding real estate is authorized to sell
28 that property to any not-for-profit corporation organized
29 under the laws of this State upon the condition that the
30 corporation uses the property for public park or recreational
31 programs for youth. The park district shall have the right
32 of re-entry for breach of condition subsequent. If the
33 corporation stops using the property for these purposes, the
34 property shall revert back to ownership of the park district.
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1 Any temporary suspension of use caused by the construction of
2 improvements on the property for public park or recreational
3 programs for youth is not a breach of condition subsequent.
4 Prior to the sale of the property to a not-for-profit
5 corporation, the park board shall hold a public meeting to
6 consider the proposed sale. Notice of the meeting shall be
7 published not less than 3 times (the first and last
8 publication being not less than 10 days apart) in a newspaper
9 of general circulation within the park district. If there is
10 no such newspaper, then the notice shall be posted in not
11 less than 3 public places in the park district. The notice
12 shall be published or posted at least 10 days before the
13 meeting. A resolution to approve the sale of the property to
14 a not-for-profit corporation requires adoption by a majority
15 of the park board.
16 (d) Real estate, not subject to such covenant or which
17 has not been conveyed and replaced as provided in this
18 Section, may be conveyed in the manner provided by Sections
19 10-7a to 10-7d hereof, inclusive.
20 (e) In addition to any other power provided in this
21 Section, any park district owning or holding real estate that
22 the board deems is not required for park or recreational
23 purposes may lease such real estate to any individual or
24 entity and may collect rents therefrom. Such lease shall not
25 exceed 2 and one-half times the term of years provided for in
26 Section 8-15 governing installment purchase contracts.
27 (Source: P.A. 89-458, eff. 5-24-96; 89-509, eff. 7-5-96;
28 revised 8-23-96.)
29 Section 2-130. The Sanitary District Act of 1917 is
30 amended by changing Section 4 as follows:
31 (70 ILCS 2405/4) (from Ch. 42, par. 303)
32 Sec. 4. The trustees shall constitute a board of
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1 trustees for the district. The board of trustees is the
2 corporate authority of such sanitary district, and shall
3 exercise all the powers and manage and control all the
4 affairs and property of the district. The board of trustees
5 immediately after their appointment and at their first
6 meeting in May of each year thereafter, shall elect one of
7 their number as president, one of their number as
8 vice-president, and from or outside of their membership a
9 clerk and an assistant clerk. In case of the death,
10 resignation, absence from the State, or other disability of
11 the president, the powers, duties and emoluments of the
12 office of the president shall devolve upon the
13 vice-president, until such disability is removed or until a
14 successor to the president is appointed and chosen in the
15 manner provided in this Act. The board may select a
16 treasurer, engineer and attorney for the district, and a
17 board of local improvements consisting of 5 members in any
18 sanitary district which includes one or more municipalities
19 with a population of over 90,000 but less than 500,000
20 according to the most recent Federal census and consisting of
21 3 members in any other district, all of whom may be trustees
22 or other citizens of the sanitary district. The board may
23 appoint such other officers and hire such employees to manage
24 and control the operations of the district as it deems
25 necessary; provided, however, that the board shall not employ
26 an individual as a wastewater operator whose Certificate of
27 Technical Competency is suspended or revoked under rules
28 adopted by the Pollution Control Board under item (4) of
29 subsection (a) of Section 13 of the Environmental Protection
30 Act. The board may appoint a chief administrative officer
31 for a term not to exceed 4 years subject to removal by the
32 board for cause. Appointment of the chief administrative
33 officer may be renewed as often as the board deems necessary.
34 All other persons selected by the board shall hold their
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1 respective offices during the pleasure of the board, and all
2 persons selected by the board shall give such bond as may be
3 required by the board. The board may prescribe the duties and
4 fix the compensation of all the officers and employees of the
5 sanitary district. However, no member of the board of
6 trustees shall receive more than $6,000 per year.
7 The board of trustees has full power to pass all
8 necessary ordinances, rules and regulations for the proper
9 management and conduct of the business of the board and the
10 corporation, and for carrying into effect the objects for
11 which the sanitary district was formed. Such ordinances may
12 provide for a fine for each offense of not less than $100 or
13 more than $1,000. Each day's continuance of such violation
14 shall be a separate offense. Fines pursuant to this Section
15 are recoverable by the sanitary district in a civil action.
16 The sanitary district is authorized to apply to the circuit
17 court for injunctive relief or mandamus when, in the opinion
18 of the chief administrative officer, such relief is necessary
19 to protect the sewerage system of the sanitary district.
20 (Source: P.A. 89-143, eff. 7-14-95; 89-502, eff. 6-28-96;
21 revised 8-19-96.)
22 Section 2-135. The School Code is amended by changing
23 Sections 10-21.4a, 10-22.5a, 10-22.6, 10-22.20, 13A-8, 13A-9,
24 18-8, 24-2, and 34-2.3 and by setting forth, changing, and
25 renumbering multiple versions of Section 10-22.3d as follows:
26 (105 ILCS 5/10-21.4a) (from Ch. 122, par. 10-21.4a)
27 Sec. 10-21.4a. Principals - Duties. To employ
28 principals who hold valid supervisory or administrative
29 certificates who shall supervise the operation of attendance
30 centers as the board shall determine necessary. In an
31 attendance center having fewer than 4 teachers, a head
32 teacher who does not qualify as a principal may be assigned
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1 in the place of a principal.
2 The principal shall assume administrative
3 responsibilities and instructional leadership, under the
4 supervision of the superintendent, and in accordance with
5 reasonable rules and regulations of the board, for the
6 planning, operation and evaluation of the educational program
7 of the attendance area to which he or she is assigned.
8 However, in districts under a Financial Oversight Panel
9 pursuant to Section 1A-8 for violating a financial plan, the
10 duties and responsibilities of principals in relation to the
11 financial and business operations of the district shall be
12 approved by the Panel. In the event the Board refuses or
13 fails to follow a directive or comply with an information
14 request of the Panel, the performance of those duties shall
15 be subject to the direction of the Panel.
16 School boards shall specify in their formal job
17 description for principals that his or her primary
18 responsibility is in the improvement of instruction. A
19 majority of the time spent by a principal shall be spent on
20 curriculum and staff development through both formal and
21 informal activities, establishing clear lines of
22 communication regarding school goals, accomplishments,
23 practices and policies with parents and teachers.
24 Unless residency within a school district is made an
25 express condition of a person's employment or continued
26 employment as a principal of that school district at the time
27 of the person's initial employment as a principal of that
28 district, residency within that school district may not at
29 any time thereafter be made a condition of that person's
30 employment or continued employment as a principal of the
31 district, without regard to whether the person's initial
32 employment as a principal of the district began before or
33 begins on or after the effective date of this amendatory Act
34 of 1996 and without regard to whether that person's residency
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1 within or outside of the district began or was changed before
2 or begins or changes on or after that effective date. In no
3 event shall residency within a school district be considered
4 in determining the compensation of a principal or the
5 assignment or transfer of a principal to an attendance center
6 of the district.
7 School boards shall ensure that their principals are
8 evaluated on their instructional leadership ability and their
9 ability to maintain a positive education and learning
10 climate.
11 It shall also be the responsibility of the principal to
12 utilize resources of proper law enforcement agencies when the
13 safety and welfare of students and teachers are threatened by
14 illegal use of drugs and alcohol.
15 The principal shall submit recommendations to the
16 superintendent concerning the appointment, retention,
17 promotion and assignment of all personnel assigned to the
18 attendance center.
19 If a principal is absent due to extended illness or leave
20 of absence, an assistant principal may be assigned as acting
21 principal for a period not to exceed 60 school days.
22 (Source: P.A. 89-572, eff. 7-30-96; 89-622, eff. 8-9-96;
23 revised 9-10-96.)
24 (105 ILCS 5/10-22.3d)
25 Sec. 10-22.3d. Woman's health care provider. Insurance
26 protection and benefits for employees are subject to the
27 provisions of Section 356r of the Illinois Insurance Code.
28 (Source: P.A. 89-514, eff. 7-17-96; revised 7-24-96.)
29 (105 ILCS 5/10-22.3e)
30 Sec. 10-22.3e. 10-22.3d. Post-parturition care.
31 Insurance protection and benefits for employees shall provide
32 the post-parturition care benefits required to be covered by
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1 a policy of accident and health insurance under Section 356s
2 356r of the Illinois Insurance Code.
3 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
4 (105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)
5 Sec. 10-22.5a. Attendance by foreign exchange students
6 and certain nonresident pupils.
7 (a) To enter into written agreements with cultural
8 exchange organizations, or with nationally recognized
9 eleemosynary institutions that promote excellence in the
10 arts, mathematics, or science. The written agreements may
11 provide for tuition free attendance at the local district
12 school by foreign exchange students, or by nonresident pupils
13 of eleemosynary institutions. The local board of education,
14 as part of the agreement, may require that the cultural
15 exchange program or the eleemosynary institutions provide
16 services to the district in exchange for the waiver of
17 nonresident tuition.
18 To enter into written agreements with adjacent school
19 districts to provide for tuition free attendance by a student
20 of the adjacent district when requested for the student's
21 health and safety by the student or parent and both districts
22 determine that the student's health or safety will be served
23 by such attendance. Districts shall not be required to enter
24 into such agreements nor be required to alter existing
25 transportation services due to the attendance of such
26 non-resident pupils.
27 (b) Nonresident pupils and foreign exchange students
28 attending school on a tuition free basis under such
29 agreements may be counted for the purposes of determining the
30 apportionment of State aid provided under Section 18-8 of
31 this Act. Provided that any cultural exchange organization or
32 eleemosynary institutions wishing to participate in an
33 agreement authorized under this Section must be approved in
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1 writing by the State Board of Education. The State Board of
2 Education may establish reasonable rules to determine the
3 eligibility of cultural exchange organizations or
4 eleemosynary institutions wishing to participate in
5 agreements authorized under this Section. No organization or
6 institution participating in agreements authorized under this
7 Section may exclude any individual for participation in its
8 program on account of the person's race, color, sex, religion
9 or nationality.
10 (Source: P.A. 89-480, eff. 1-1-97; 89-622, eff. 8-9-96;
11 revised 8-19-96.)
12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
13 Sec. 10-22.6. Suspension or expulsion of pupils; school
14 searches.
15 (a) To expel pupils guilty of gross disobedience or
16 misconduct, and no action shall lie against them for such
17 expulsion. Expulsion shall take place only after the parents
18 have been requested to appear at a meeting of the board, or
19 with a hearing officer appointed by it, to discuss their
20 child's behavior. Such request shall be made by registered or
21 certified mail and shall state the time, place and purpose of
22 the meeting. The board, or a hearing officer appointed by it,
23 at such meeting shall state the reasons for dismissal and the
24 date on which the expulsion is to become effective. If a
25 hearing officer is appointed by the board he shall report to
26 the board a written summary of the evidence heard at the
27 meeting and the board may take such action thereon as it
28 finds appropriate.
29 (b) To suspend or by regulation to authorize the
30 superintendent of the district or the principal, assistant
31 principal, or dean of students of any school to suspend
32 pupils guilty of gross disobedience or misconduct, or to
33 suspend pupils guilty of gross disobedience or misconduct on
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1 the school bus from riding the school bus, and no action
2 shall lie against them for such suspension. The board may by
3 regulation authorize the superintendent of the district or
4 the principal, assistant principal, or dean of students of
5 any school to suspend pupils guilty of such acts for a period
6 not to exceed 10 school days. If a pupil is suspended due to
7 gross disobedience or misconduct on a school bus, the board
8 may suspend the pupil in excess of 10 school days for safety
9 reasons. Any suspension shall be reported immediately to the
10 parents or guardian of such pupil along with a full statement
11 of the reasons for such suspension and a notice of their
12 right to a review, a copy of which shall be given to the
13 school board. Upon request of the parents or guardian the
14 school board or a hearing officer appointed by it shall
15 review such action of the superintendent or principal,
16 assistant principal, or dean of students. At such review the
17 parents or guardian of the pupil may appear and discuss the
18 suspension with the board or its hearing officer. If a
19 hearing officer is appointed by the board he shall report to
20 the board a written summary of the evidence heard at the
21 meeting. After its hearing or upon receipt of the written
22 report of its hearing officer, the board may take such action
23 as it finds appropriate.
24 (c) The Department of Human Services shall be invited to
25 send a representative to consult with the board at such
26 meeting whenever there is evidence that mental illness may be
27 the cause for expulsion or suspension.
28 (d) The board may expel a student for a definite period
29 of time not to exceed 2 calendar years, as determined on a
30 case by case basis. A student who is determined to have
31 brought a weapon to school, any school-sponsored activity or
32 event, or any activity or event which bears a reasonable
33 relationship to school shall be expelled for a period of not
34 less than one year, except that the expulsion period may be
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1 modified by the board on a case by case basis. For purposes
2 of this Section, the term "weapon" means possession, use,
3 control or transfer of any object which may be used to cause
4 bodily harm, including but not limited to a weapon as defined
5 by Section 921 of Title 18, United States Code, firearm as
6 defined in Section 1.1 of the Firearm Owners Identification
7 Act, use of weapon as defined in Section 24-1 of the Criminal
8 Code, knives, guns, firearms, rifles, shotguns, brass
9 knuckles, billy clubs, or "look-alikes" thereof. Such items
10 as baseball bats, pipes, bottles, locks, sticks, pencils, and
11 pens may be considered weapons if used or attempted to be
12 used to cause bodily harm. Expulsion or suspension shall be
13 construed in a manner consistent with the Federal Individuals
14 with Disabilities Education Act. A student who is subject to
15 suspension or expulsion as provided in this Section may be
16 eligible for a transfer to an alternative school program in
17 accordance with Article 13A of the School Code. The
18 provisions of this subsection (d) apply in all school
19 districts, including special charter districts and districts
20 organized under Article 34.
21 (e) To maintain order and security in the schools,
22 school authorities may inspect and search places and areas
23 such as lockers, desks, parking lots, and other school
24 property and equipment owned or controlled by the school, as
25 well as personal effects left in those places and areas by
26 students, without notice to or the consent of the student,
27 and without a search warrant. As a matter of public policy,
28 the General Assembly finds that students have no reasonable
29 expectation of privacy in these places and areas or in their
30 personal effects left in these places and areas. School
31 authorities may request the assistance of law enforcement
32 officials for the purpose of conducting inspections and
33 searches of lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school for
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1 illegal drugs, weapons, or other illegal or dangerous
2 substances or materials, including searches conducted through
3 the use of specially trained dogs. If a search conducted in
4 accordance with this Section produces evidence that the
5 student has violated or is violating either the law, local
6 ordinance, or the school's policies or rules, such evidence
7 may be seized by school authorities, and disciplinary action
8 may be taken. School authorities may also turn over such
9 evidence to law enforcement authorities. The provisions of
10 this subsection (e) apply in all school districts, including
11 special charter districts and districts organized under
12 Article 34.
13 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
14 89-610, eff. 8-6-96; revised 9-9-96.)
15 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
16 Sec. 10-22.20. Classes for adults and youths whose
17 schooling has been interrupted; Conditions for State
18 reimbursement; Use of child care facilities.
19 (a) To establish special classes for the instruction (1)
20 of persons of age 21 years or over, and (2) of persons less
21 than age 21 and not otherwise in attendance in public school,
22 for the purpose of providing adults in the community, and
23 youths whose schooling has been interrupted, with such
24 additional basic education, vocational skill training, and
25 other instruction as may be necessary to increase their
26 qualifications for employment or other means of self-support
27 and their ability to meet their responsibilities as citizens
28 including courses of instruction regularly accepted for
29 graduation from elementary or high schools and for
30 Americanization and General Educational Development Review
31 classes.
32 The board shall pay the necessary expenses of such
33 classes out of school funds of the district, including costs
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1 of student transportation and such facilities or provision
2 for child-care as may be necessary in the judgment of the
3 board to permit maximum utilization of the courses by
4 students with children, and other special needs of the
5 students directly related to such instruction. The expenses
6 thus incurred shall be subject to State reimbursement, as
7 provided in this Section. The board may make a tuition
8 charge for persons taking instruction who are not subject to
9 State reimbursement, such tuition charge not to exceed the
10 per capita cost of such classes.
11 The cost of such instruction, including the additional
12 expenses herein authorized, incurred for recipients of
13 financial aid under the Illinois Public Aid Code, or for
14 persons for whom education and training aid has been
15 authorized under Section 9-8 of that Code, shall be assumed
16 in its entirety from funds appropriated by the State to the
17 State Board of Education.
18 (b) The State Board of Education and the Illinois
19 Community College Board shall annually enter into an
20 interagency agreement to implement this Section. The
21 interagency agreement shall establish the standards for the
22 courses of instruction reimbursed under this Section. The
23 State Board of Education shall supervise the administration
24 of the programs. The State Board of Education shall
25 determine the cost of instruction in accordance with
26 standards jointly established by the State Board of Education
27 and the Illinois Community College Board as set forth in the
28 interagency agreement, including therein other incidental
29 costs as herein authorized, which shall serve as the basis of
30 State reimbursement in accordance with the provisions of
31 this Section. In the approval of programs and the
32 determination of the cost of instruction, the State Board of
33 Education shall provide for the maximum utilization of
34 federal funds for such programs. The interagency agreement
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1 shall also include:
2 (1) the development of an index of need for program
3 planning and for area funding allocations as defined by
4 the State Board of Education;
5 (2) the method for calculating hours of
6 instruction, as defined by the State Board of Education,
7 claimable for reimbursement and a method to phase in the
8 calculation and for adjusting the calculations in cases
9 where the services of a program are interrupted due to
10 circumstances beyond the control of the program provider;
11 (3) a plan for the reallocation of funds to
12 increase the amount allocated for grants based upon
13 program performance as set forth in subsection (d) below;
14 and
15 (4) the development of standards for determining
16 grants based upon performance as set forth in subsection
17 (d) below and a plan for the phased-in implementation of
18 those standards.
19 For instruction provided by school districts and
20 community college districts beginning July 1, 1996 and
21 thereafter, reimbursement provided by the State Board of
22 Education for classes authorized by this Section shall be
23 provided pursuant to the terms of the interagency agreement
24 from funds appropriated for the reimbursement criteria set
25 forth in subsection (c) below.
26 (c) Upon the annual approval of the interagency
27 agreement, reimbursement shall be first provided for
28 transportation, child care services, and other special needs
29 of the students directly related to instruction and then from
30 the funds remaining an amount equal to the product of the
31 total credit hours or units of instruction approved by the
32 State Board of Education, multiplied by the following:
33 (1) For adult basic education, the maximum
34 reimbursement per credit hour or per unit of instruction
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1 shall be equal to the general state aid per pupil
2 foundation level established in subsections 5(a) through
3 5(d) of Section 18-8, divided by 60;
4 (2) The maximum reimbursement per credit hour or
5 per unit of instruction in subparagraph (1) above shall
6 be weighted for students enrolled in classes defined as
7 vocational skills and approved by the State Board of
8 Education by 1.25;
9 (3) The maximum reimbursement per credit hour or
10 per unit of instruction in subparagraph (1) above shall
11 be multiplied by .90 for students enrolled in classes
12 defined as adult secondary education programs and
13 approved by the State Board of Education;
14 (4) For community college districts the maximum
15 reimbursement per credit hour in subparagraphs (1), (2),
16 and (3) above shall be reduced by the Adult Basic
17 Education/Adult Secondary Education/English As A Second
18 Language credit hour grant rate prescribed in Section
19 2-16.02 of the Public Community College Act, as pro-rated
20 to the appropriation level; and
21 (5) Programs receiving funds under the formula that
22 was in effect during the 1994-1995 program year which
23 continue to be approved and which generate at least 80%
24 of the hours claimable in 1994-95, or in the case of
25 programs not approved in 1994-95 at least 80% of the
26 hours claimable in 1995-96, shall have funding for
27 subsequent years based upon 100% of the 1995-96 formula
28 funding level for 1996-97, 90% of the 1995-96 formula
29 funding level for 1997-98, 80% of the 1995-96 formula
30 funding level for 1998-99, and 70% of the 1995-96 formula
31 funding level for 1999-2000. For any approved program
32 which generates less than 80% of the claimable hours in
33 its base year, the level of funding pursuant to this
34 paragraph shall be reduced proportionately. Funding for
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1 program years after 1999-2000 shall be pursuant to the
2 interagency agreement.
3 (d) Upon the annual approval of the interagency
4 agreement, the State Board of Education shall provide grants
5 to eligible programs for supplemental activities to improve
6 or expand services under the Adult Education Act. Eligible
7 programs shall be determined based upon performance outcomes
8 of students in the programs as set forth in the interagency
9 agreement.
10 (e) Reimbursement under this Section shall not exceed
11 the actual costs of the approved program.
12 If the amount appropriated to the State Board of
13 Education for reimbursement under this Section is less than
14 the amount required under this Act, the apportionment shall
15 be proportionately reduced.
16 School districts and community college districts may
17 assess students up to $3.00 per credit hour, for classes
18 other than Adult Basic Education level programs, if needed to
19 meet program costs.
20 (f) An education plan shall be established for each
21 adult or youth whose schooling has been interrupted and who
22 is participating in the instructional programs provided under
23 this Section.
24 Each school board and community college shall keep an
25 accurate and detailed account of the students assigned to and
26 receiving instruction under this Section who are subject to
27 State reimbursement and shall submit reports of services
28 provided commencing with fiscal year 1997 as required in the
29 interagency agreement.
30 For classes authorized under this Section, a credit hour
31 or unit of instruction is equal to 15 hours of direct
32 instruction for students enrolled in approved adult education
33 programs at midterm and making satisfactory progress, in
34 accordance with standards jointly established by the State
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1 Board of Education and the Illinois Community College Board
2 as set forth in the interagency agreement.
3 (g) Upon proof submitted to the Illinois Department of
4 Human Services of the payment of all claims submitted under
5 this Section, that Department shall apply for federal funds
6 made available therefor and any federal funds so received
7 shall be paid into the General Revenue Fund in the State
8 Treasury.
9 School districts or community colleges providing classes
10 under this Section shall submit applications to the State
11 Board of Education for preapproval in accordance with the
12 standards jointly established by the State Board of Education
13 and the Illinois Community College Board as set forth in the
14 interagency agreement. Payments shall be made by the State
15 Board of Education based upon approved programs. Interim
16 expenditure reports may be required by the State Board of
17 Education as set forth in the interagency agreement. Final
18 claims for the school year shall be submitted to the regional
19 superintendents for transmittal to the State Board of
20 Education as set forth in the interagency agreement. Final
21 adjusted payments shall be made by September 30.
22 If a school district or community college district fails
23 to provide, or is providing unsatisfactory or insufficient
24 classes under this Section, the State Board of Education may
25 enter into agreements with public or private educational or
26 other agencies other than the public schools for the
27 establishment of such classes.
28 (h) If a school district or community college district
29 establishes child-care facilities for the children of
30 participants in classes established under this Section, it
31 may extend the use of these facilities to students who have
32 obtained employment and to other persons in the community
33 whose children require care and supervision while the parent
34 or other person in charge of the children is employed or
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1 otherwise absent from the home during all or part of the day.
2 It may make the facilities available before and after as well
3 as during regular school hours to school age and preschool
4 age children who may benefit thereby, including children who
5 require care and supervision pending the return of their
6 parent or other person in charge of their care from
7 employment or other activity requiring absence from the home.
8 The State Board of Education shall pay to the board the
9 cost of care in the facilities for any child who is a
10 recipient of financial aid under The Illinois Public Aid
11 Code.
12 The board may charge for care of children for whom it
13 cannot make claim under the provisions of this Section. The
14 charge shall not exceed per capita cost, and to the extent
15 feasible, shall be fixed at a level which will permit
16 utilization by employed parents of low or moderate income.
17 It may also permit any other State or local governmental
18 agency or private agency providing care for children to
19 purchase care.
20 After July 1, 1970 when the provisions of Section
21 10-20.20 become operative in the district, children in a
22 child-care facility shall be transferred to the kindergarten
23 established under that Section for such portion of the day as
24 may be required for the kindergarten program, and only the
25 prorated costs of care and training provided in the Center
26 for the remaining period shall be charged to the Illinois
27 Department of Human Services or other persons or agencies
28 paying for such care.
29 (i) The provisions of this Section shall also apply to
30 school districts having a population exceeding 500,000.
31 (Source: P.A. 89-507, eff. 7-1-97; 89-524, eff. 7-19-96;
32 revised 8-15-96.)
33 (105 ILCS 5/13A-8)
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1 Sec. 13A-8. Funding.
2 (a) The State of Illinois shall provide new and
3 additional funding for the alternative school programs within
4 each educational service region and within the Chicago public
5 school system by line item appropriation made to the State
6 Board of Education for that purpose. This money, when
7 appropriated, shall be provided to the regional
8 superintendent and to the Chicago Board of Education, who
9 shall establish a budget, including salaries, for all
10 alternative schools in that region.
11 (b) The school district in which the program is located
12 and from which a student is administratively transferred
13 shall, as a result of an administrative transfer, have its
14 average daily attendance funding with respect to that student
15 transferred to the alternative school program.
16 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
17 89-636, eff. 8-9-96; revised 9-12-96.)
18 (105 ILCS 5/13A-9)
19 Sec. 13A-9. Transportation. Subject to the requirements
20 of Article 29 and except as otherwise agreed by the parents,
21 school and regional superintendent, the school from which a
22 student is administratively transferred shall provide for or
23 any transportation that the transfer necessitates, if
24 transportation is required pursuant to Section 29-3. The
25 regional superintendent shall coordinate all transportation
26 arrangements with transferring school districts. The
27 regional superintendent may also arrange for cooperation
28 between school districts in the regional superintendent's
29 educational service region regarding the transportation needs
30 of transferred students in order to reduce the costs of that
31 transportation and to provide greater convenience for the
32 students involved.
33 (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96;
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1 89-636, eff. 8-9-96.)
2 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
3 Sec. 18-8. Basis for apportionment to districts,
4 laboratory schools and alternative schools.
5 A. The amounts to be apportioned shall be determined for
6 each educational service region by school districts, as
7 follows:
8 1. General Provisions.
9 (a) In the computation of the amounts to be apportioned,
10 the average daily attendance of all pupils in grades 9
11 through 12 shall be multiplied by 1.25. The average daily
12 attendance of all pupils in grades 7 and 8 shall be
13 multiplied by 1.05.
14 (b) The actual number of pupils in average daily
15 attendance shall be computed in a one-teacher school district
16 by dividing the total aggregate days of pupil attendance by
17 the actual number of days school is in session but not more
18 than 30 such pupils shall be accredited for such type of
19 district; and in districts of 2 or more teachers, or in
20 districts where records of attendance are kept by session
21 teachers, by taking the sum of the respective averages of the
22 units composing the group.
23 (c) Pupils in average daily attendance shall be computed
24 upon the average of the best 3 months of pupils attendance of
25 the current school year except as district claims may be
26 later amended as provided hereinafter in this Section.
27 However, for any school district maintaining grades
28 kindergarten through 12, the "average daily attendance" shall
29 be computed on the average of the best 3 months of pupils
30 attendance of the current year in grades kindergarten through
31 8, added together with the average of the best 3 months of
32 pupils attendance of the current year in grades 9 through 12,
33 except as district claims may be later amended as provided in
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1 this Section. Days of attendance shall be kept by regular
2 calendar months, except any days of attendance in August
3 shall be added to the month of September and any days of
4 attendance in June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 (d) Pupils regularly enrolled in a public school for
15 only a part of the school day may be counted on the basis of
16 1/6 day for every class hour of instruction of 40 minutes or
17 more attended pursuant to such enrollment.
18 (e) Days of attendance may be less than 5 clock hours on
19 the opening and closing of the school term, and upon the
20 first day of pupil attendance, if preceded by a day or days
21 utilized as an institute or teachers' workshop.
22 (f) A session of 4 or more clock hours may be counted as
23 a day of attendance upon certification by the regional
24 superintendent, and approved by the State Superintendent of
25 Education to the extent that the district has been forced to
26 use daily multiple sessions.
27 (g) A session of 3 or more clock hours may be counted as
28 a day of attendance (1) when the remainder of the school day
29 or at least 2 hours in the evening of that day is utilized
30 for an in-service training program for teachers, up to a
31 maximum of 5 days per school year of which a maximum of 4
32 days of such 5 days may be used for parent-teacher
33 conferences, provided a district conducts an in-service
34 training program for teachers which has been approved by the
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1 State Superintendent of Education; or, in lieu of 4 such
2 days, 2 full days may be used, in which event each such day
3 may be counted as a day of attendance; and (2) when days in
4 addition to those provided in item (1) are scheduled by a
5 school pursuant to its school improvement plan adopted under
6 Article 34 or its revised or amended school improvement plan
7 adopted under Article 2, provided that (i) such sessions of 3
8 or more clock hours are scheduled to occur at regular
9 intervals, (ii) the remainder of the school days in which
10 such sessions occur are utilized for in-service training
11 programs or other staff development activities for teachers,
12 and (iii) a sufficient number of minutes of school work under
13 the direct supervision of teachers are added to the school
14 days between such regularly scheduled sessions to accumulate
15 not less than the number of minutes by which such sessions of
16 3 or more clock hours fall short of 5 clock hours. Any full
17 days used for the purposes of this paragraph shall not be
18 considered for computing average daily attendance. Days
19 scheduled for in-service training programs, staff development
20 activities, or parent-teacher conferences may be scheduled
21 separately for different grade levels and different
22 attendance centers of the district.
23 (h) A session of not less than one clock hour teaching
24 of hospitalized or homebound pupils on-site or by telephone
25 to the classroom may be counted as 1/2 day of attendance,
26 however these pupils must receive 4 or more clock hours of
27 instruction to be counted for a full day of attendance.
28 (i) A session of at least 4 clock hours may be counted
29 as a day of attendance for first grade pupils, and pupils in
30 full day kindergartens, and a session of 2 or more hours may
31 be counted as 1/2 day of attendance by pupils in
32 kindergartens which provide only 1/2 day of attendance.
33 (j) For children with disabilities who are below the age
34 of 6 years and who cannot attend two or more clock hours
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1 because of their disability or immaturity, a session of not
2 less than one clock hour may be counted as 1/2 day of
3 attendance; however for such children whose educational needs
4 so require a session of 4 or more clock hours may be counted
5 as a full day of attendance.
6 (k) A recognized kindergarten which provides for only
7 1/2 day of attendance by each pupil shall not have more than
8 1/2 day of attendance counted in any 1 day. However,
9 kindergartens may count 2 1/2 days of attendance in any 5
10 consecutive school days. Where a pupil attends such a
11 kindergarten for 2 half days on any one school day, such
12 pupil shall have the following day as a day absent from
13 school, unless the school district obtains permission in
14 writing from the State Superintendent of Education.
15 Attendance at kindergartens which provide for a full day of
16 attendance by each pupil shall be counted the same as
17 attendance by first grade pupils. Only the first year of
18 attendance in one kindergarten shall be counted except in
19 case of children who entered the kindergarten in their fifth
20 year whose educational development requires a second year of
21 kindergarten as determined under the rules and regulations of
22 the State Board of Education.
23 (l) Days of attendance by tuition pupils shall be
24 accredited only to the districts that pay the tuition to a
25 recognized school.
26 (m) The greater of the immediately preceding year's
27 weighted average daily attendance or the average of the
28 weighted average daily attendance of the immediately
29 preceding year and the previous 2 years shall be used.
30 For any school year beginning July 1, 1986 or thereafter,
31 if the weighted average daily attendance in either grades
32 kindergarten through 8 or grades 9 through 12 of a district
33 as computed for the first calendar month of the current
34 school year exceeds by more than 5%, but not less than 25
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1 pupils, the district's weighted average daily attendance for
2 the first calendar month of the immediately preceding year
3 in, respectively, grades kindergarten through 8 or grades 9
4 through 12, a supplementary payment shall be made to the
5 district equal to the difference in the amount of aid the
6 district would be paid under this Section using the weighted
7 average daily attendance in the district as computed for the
8 first calendar month of the current school year and the
9 amount of aid the district would be paid using the weighted
10 average daily attendance in the district for the first
11 calendar month of the immediately preceding year. Such
12 supplementary State aid payment shall be paid to the district
13 as provided in Section 18-8.4 and shall be treated as
14 separate from all other payments made pursuant to this
15 Section 18-8.
16 (n) The number of low income eligible pupils in a
17 district shall result in an increase in the weighted average
18 daily attendance calculated as follows: The number of low
19 income pupils shall increase the weighted ADA by .53 for each
20 student adjusted by dividing the percent of low income
21 eligible pupils in the district by the ratio of eligible low
22 income pupils in the State to the best 3 months' weighted
23 average daily attendance in the State. In no case may the
24 adjustment under this paragraph result in a greater weighting
25 than .625 for each eligible low income student. The number
26 of low income eligible pupils in a district shall be the
27 low-income eligible count from the most recently available
28 federal census and the weighted average daily attendance
29 shall be calculated in accordance with the other provisions
30 of this paragraph.
31 (o) Any school district which fails for any given school
32 year to maintain school as required by law, or to maintain a
33 recognized school is not eligible to file for such school
34 year any claim upon the common school fund. In case of
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1 nonrecognition of one or more attendance centers in a school
2 district otherwise operating recognized schools, the claim of
3 the district shall be reduced in the proportion which the
4 average daily attendance in the attendance center or centers
5 bear to the average daily attendance in the school district.
6 A "recognized school" means any public school which meets the
7 standards as established for recognition by the State Board
8 of Education. A school district or attendance center not
9 having recognition status at the end of a school term is
10 entitled to receive State aid payments due upon a legal claim
11 which was filed while it was recognized.
12 (p) School district claims filed under this Section are
13 subject to Sections 18-9, 18-10 and 18-12, except as herein
14 otherwise provided.
15 (q) The State Board of Education shall secure from the
16 Department of Revenue the value as equalized or assessed by
17 the Department of Revenue of all taxable property of every
18 school district together with the applicable tax rate used in
19 extending taxes for the funds of the district as of September
20 30 of the previous year. The Department of Revenue shall add
21 to the equalized assessed value of all taxable property of
22 each school district situated entirely or partially within a
23 county with 2,000,000 or more inhabitants an amount equal to
24 the total amount by which the homestead exemptions allowed
25 under Sections 15-170 and 15-175 of the Property Tax Code for
26 real property situated in that school district exceeds the
27 total amount that would have been allowed in that school
28 district as homestead exemptions under those Sections if the
29 maximum reduction under Section 15-170 of the Property Tax
30 Code was $2,000 and the maximum reduction under Section
31 15-175 of the Property Tax Code was $3,500. The county clerk
32 of any county with 2,000,000 or more inhabitants shall
33 annually calculate and certify to the Department for each
34 school district all homestead exemption amounts required by
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1 this amendatory Act of 1992. In a new district which has not
2 had any tax rates yet determined for extension of taxes, a
3 leveled uniform rate shall be computed from the latest amount
4 of the fund taxes extended on the several areas within such
5 new district.
6 (r) If a school district operates a full year school
7 under Section 10-19.1, the general state aid to the school
8 district shall be determined by the State Board of Education
9 in accordance with this Section as near as may be applicable.
10 2. New or recomputed claim. The general State aid
11 entitlement for a newly created school district or a district
12 which has annexed an entire school district shall be computed
13 using attendance, compensatory pupil counts, equalized
14 assessed valuation, and tax rate data which would have been
15 used had the district been in existence for 3 years. General
16 State aid entitlements shall not be recomputed except as
17 permitted herein.
18 3. Impaction. Impaction payments shall be made as
19 provided for in Section 18-4.2.
20 4. Summer school. Summer school payments shall be made
21 as provided in Section 18-4.3.
22 5. Computation of State aid. The State grant shall be
23 determined as follows:
24 (a) The State shall guarantee the amount of money that a
25 district's operating tax rate as limited in other Sections of
26 this Act would produce if every district maintaining grades
27 kindergarten through 12 had an equalized assessed valuation
28 equal to $74,791 per weighted ADA pupil; every district
29 maintaining grades kindergarten through 8 had an equalized
30 assessed valuation of $108,644 per weighted ADA pupil; and
31 every district maintaining grades 9 through 12 had an
32 equalized assessed valuation of $187,657 per weighted ADA
33 pupil. The State Board of Education shall adjust the
34 equalized assessed valuation amounts stated in this
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1 paragraph, if necessary, to conform to the amount of the
2 appropriation approved for any fiscal year.
3 (b) The operating tax rate to be used shall consist of
4 all district taxes extended for all purposes except community
5 college educational purposes for the payment of tuition under
6 Section 6-1 of the Public Community College Act, Bond and
7 Interest, Summer School, Rent, Capital Improvement and
8 Vocational Education Building. Any district may elect to
9 exclude Transportation from the calculation of its operating
10 tax rate. Districts may include taxes extended for the
11 payment of principal and interest on bonds issued under the
12 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
13 per year for each purpose or the actual rate extended,
14 whichever is less.
15 (c) For calculation of aid under this Act a district
16 shall use the combined authorized tax rates of all funds not
17 exempt in (b) above, not to exceed 2.76% of the value of all
18 its taxable property as equalized or assessed by the
19 Department of Revenue for districts maintaining grades
20 kindergarten through 12; 1.90% of the value of all its
21 taxable property as equalized or assessed by the Department
22 of Revenue for districts maintaining grades kindergarten
23 through 8 only; 1.10% of the value of all its taxable
24 property as equalized or assessed by the Department of
25 Revenue for districts maintaining grades 9 through 12 only.
26 A district may, however, as provided in Article 17, increase
27 its operating tax rate above the maximum rate provided in
28 this subsection without affecting the amount of State aid to
29 which it is entitled under this Act.
30 (d) (1) For districts maintaining grades kindergarten
31 through 12 with an operating tax rate as described in
32 subsections 5(b) and (c) of less than 2.18%, and districts
33 maintaining grades kindergarten through 8 with an operating
34 tax rate of less than 1.28%, State aid shall be computed by
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1 multiplying the difference between the guaranteed equalized
2 assessed valuation per weighted ADA pupil in subsection 5(a)
3 and the equalized assessed valuation per weighted ADA pupil
4 in the district by the operating tax rate, multiplied by the
5 weighted average daily attendance of the district; provided,
6 however, that for the 1989-1990 school year only, a school
7 district maintaining grades kindergarten through 8 whose
8 operating tax rate with reference to which its general State
9 aid for the 1989-1990 school year is determined is less than
10 1.28% and more than 1.090%, and which had an operating tax
11 rate of 1.28% or more for the previous year, shall have its
12 general State aid computed according to the provisions of
13 subsection 5(d)(2).
14 (2) For districts maintaining grades kindergarten
15 through 12 with an operating tax rate as described in
16 subsection 5(b) and (c) of 2.18% and above, the State aid
17 shall be computed as provided in subsection (d) (1) but as
18 though the district had an operating tax rate of 2.76%; in
19 K-8 districts with an operating tax rate of 1.28% and above,
20 the State aid shall be computed as provided in subsection (d)
21 (1) but as though the district had an operating tax rate of
22 1.90%; and in 9-12 districts, the State aid shall be computed
23 by multiplying the difference between the guaranteed
24 equalized assessed valuation per weighted average daily
25 attendance pupil in subsection 5(a) and the equalized
26 assessed valuation per weighted average daily attendance
27 pupil in the district by the operating tax rate, not to
28 exceed 1.10%, multiplied by the weighted average daily
29 attendance of the district. State aid computed under the
30 provisions of this subsection (d) (2) shall be treated as
31 separate from all other payments made pursuant to this
32 Section. The State Comptroller and State Treasurer shall
33 transfer from the General Revenue Fund to the Common School
34 Fund the amounts necessary to permit these claims to be paid
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1 in equal installments along with other State aid payments
2 remaining to be made for the 1983-1984 school year under this
3 Section.
4 (3) For any school district whose 1995 equalized
5 assessed valuation is at least 6% less than its 1994
6 equalized assessed valuation as the result of a reduction in
7 the equalized assessed valuation of the taxable property
8 within such district of any one taxpayer whose taxable
9 property within the district has a 1994 equalized assessed
10 valuation constituting at least 20% of the 1994 equalized
11 assessed valuation of all taxable property within the
12 district, the 1996-97 State aid of such district shall be
13 computed using its 1995 equalized assessed valuation.
14 (4) For any school district whose 1988 equalized
15 assessed valuation is 55% or less of its 1981 equalized
16 assessed valuation, the 1990-91 State aid of such district
17 shall be computed by multiplying the 1988 equalized assessed
18 valuation by a factor of .8. Any such school district which
19 is reorganized effective for the 1991-92 school year shall
20 use the formula provided in this subparagraph for purposes of
21 the calculation made pursuant to subsection (m) of this
22 Section.
23 (e) The amount of State aid shall be computed under the
24 provisions of subsections 5(a) through 5(d) provided the
25 equalized assessed valuation per weighted ADA pupil is less
26 than .87 of the amounts in subsection 5(a). If the equalized
27 assessed valuation per weighted ADA pupil is equal to or
28 greater than .87 of the amounts in subsection 5(a), the State
29 aid shall be computed under the provisions of subsection
30 5(f).
31 (f) If the equalized assessed valuation per weighted ADA
32 pupil is equal to or greater than .87 of the amounts in
33 subsection 5(a), the State aid per weighted ADA pupil shall
34 be computed by multiplying the product of .13 times the
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1 maximum per pupil amount computed under the provisions of
2 subsections 5(a) through 5(d) by an amount equal to the
3 quotient of .87 times the equalized assessed valuation per
4 weighted ADA pupil in subsection 5(a) for that type of
5 district divided by the district equalized valuation per
6 weighted ADA pupil except in no case shall the district
7 receive State aid per weighted ADA pupil of less than .07
8 times the maximum per pupil amount computed under the
9 provisions of subsections 5(a) through 5(d).
10 (g) In addition to the above grants, summer school
11 grants shall be made based upon the calculation as provided
12 in subsection 4 of this Section.
13 (h) The board of any district receiving any of the
14 grants provided for in this Section may apply those funds to
15 any fund so received for which that board is authorized to
16 make expenditures by law.
17 (i) (1) (a) In school districts with an average daily
18 attendance of 50,000 or more, the amount which is provided
19 under subsection 1(n) of this Section by the application of a
20 base Chapter 1 weighting factor of .375 shall be distributed
21 to the attendance centers within the district in proportion
22 to the number of pupils enrolled at each attendance center
23 who are eligible to receive free or reduced-price lunches or
24 breakfasts under the federal Child Nutrition Act of 1966 and
25 under the National School Lunch Act during the immediately
26 preceding school year. The amount of State aid provided
27 under subsection 1(n) of this Section by the application of
28 the Chapter 1 weighting factor in excess of .375 shall be
29 distributed to the attendance centers within the district in
30 proportion to the total enrollment at each attendance center.
31 Beginning with school year 1989-90, and each school year
32 thereafter, all funds provided under subsection 1 (n) of this
33 Section by the application of the Chapter 1 weighting factor
34 which are in excess of the level of non-targeted Chapter 1
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1 funds in school year 1988-89 shall be distributed to
2 attendance centers, and only to attendance centers, within
3 the district in proportion to the number of pupils enrolled
4 at each attendance center who are eligible to receive free or
5 reduced price lunches or breakfasts under the Federal Child
6 Nutrition Act and under the National School Lunch Act during
7 the immediately preceding school year. Beginning in school
8 year 1989-90, 25% of the previously non-targeted Chapter 1
9 funds as established for school year 1988-89 shall also be
10 distributed to the attendance centers, and only to attendance
11 centers, in the district in proportion to the number of
12 pupils enrolled at each attendance center who are eligible to
13 receive free or reduced price lunches or breakfasts under the
14 Federal Child Nutrition Act and under the National School
15 Lunch Act during the immediately preceding school year; in
16 school year 1990-91, 50% of the previously non-targeted
17 Chapter 1 funds as established for school year 1988-89 shall
18 be distributed to attendance centers, and only to attendance
19 centers, in the district in proportion to the number of
20 pupils enrolled at each attendance center who are eligible to
21 receive such free or reduced price lunches or breakfasts
22 during the immediately preceding school year; in school year
23 1991-92, 75% of the previously non-targeted Chapter 1 funds
24 as established for school year 1988-89 shall be distributed
25 to attendance centers, and only to attendance centers, in the
26 district in proportion to the number of pupils enrolled at
27 each attendance center who are eligible to receive such free
28 or reduced price lunches or breakfasts during the immediately
29 preceding school year; in school year 1992-93 and thereafter,
30 all funds provided under subsection 1 (n) of this Section by
31 the application of the Chapter 1 weighting factor shall be
32 distributed to attendance centers, and only to attendance
33 centers, in the district in proportion to the number of
34 pupils enrolled at each attendance center who are eligible to
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1 receive free or reduced price lunches or breakfasts under the
2 Federal Child Nutrition Act and under the National School
3 Lunch Act during the immediately preceding school year;
4 provided, however, that the distribution formula in effect
5 beginning with school year 1989-90 shall not be applicable to
6 such portion of State aid provided under subsection 1 (n) of
7 this Section by the application of the Chapter 1 weighting
8 formula as is set aside and appropriated by the school
9 district for the purpose of providing desegregation programs
10 and related transportation to students (which portion shall
11 not exceed 5% of the total amount of State aid which is
12 provided under subsection 1 (n) of this Section by
13 application of the Chapter 1 weighting formula), and the
14 relevant percentages shall be applied to the remaining
15 portion of such State aid. The distribution of these
16 portions of general State aid among attendance centers
17 according to these requirements shall not be compensated for
18 or contravened by adjustments of the total of other funds
19 appropriated to any attendance centers. (b) The Board of
20 Education shall utilize funding from one or several sources
21 in order to fully implement this provision annually prior to
22 the opening of school. The Board of Education shall apply
23 savings from reduced administrative costs required under
24 Section 34-43.1 and growth in non-Chapter 1 State and local
25 funds to assure that all attendance centers receive funding
26 to replace losses due to redistribution of Chapter 1 funding.
27 The distribution formula and funding to replace losses due to
28 the distribution formula shall occur, in full, using any and
29 all sources available, including, if necessary, revenue from
30 administrative reductions beyond those required in Section
31 34-43.1, in order to provide the necessary funds. (c) Each
32 attendance center shall be provided by the school district a
33 distribution of noncategorical funds and other categorical
34 funds to which an attendance center is entitled under law in
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1 order that the State aid provided by application of the
2 Chapter 1 weighting factor and required to be distributed
3 among attendance centers according to the requirements of
4 this paragraph supplements rather than supplants the
5 noncategorical funds and other categorical funds provided by
6 the school district to the attendance centers.
7 Notwithstanding the foregoing provisions of this subsection
8 5(i)(1) or any other law to the contrary, beginning with the
9 1995-1996 school year and for each school year thereafter,
10 the board of a school district to which the provisions of
11 this subsection apply shall be required to allocate or
12 provide to attendance centers of the district in any such
13 school year, from the State aid provided for the district
14 under this Section by application of the Chapter 1 weighting
15 factor, an aggregate amount of not less than $261,000,000 of
16 State Chapter 1 funds. Any State Chapter 1 funds that by
17 reason of the provisions of this paragraph are not required
18 to be allocated and provided to attendance centers may be
19 used and appropriated by the board of the district for any
20 lawful school purpose. Chapter 1 funds received by an
21 attendance center (except those funds set aside for
22 desegregation programs and related transportation to
23 students) shall be used on the schedule cited in this Section
24 at the attendance center at the discretion of the principal
25 and local school council for programs to improve educational
26 opportunities at qualifying schools through the following
27 programs and services: early childhood education, reduced
28 class size or improved adult to student classroom ratio,
29 enrichment programs, remedial assistance, attendance
30 improvement and other educationally beneficial expenditures
31 which supplement the regular and basic programs as determined
32 by the State Board of Education. Chapter 1 funds shall not
33 be expended for any political or lobbying purposes as defined
34 by board rule. (d) Each district subject to the provisions of
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1 this paragraph shall submit an acceptable plan to meet the
2 educational needs of disadvantaged children, in compliance
3 with the requirements of this paragraph, to the State Board
4 of Education prior to July 15 of each year. This plan shall
5 be consistent with the decisions of local school councils
6 concerning the school expenditure plans developed in
7 accordance with part 4 of Section 34-2.3. The State Board
8 shall approve or reject the plan within 60 days after its
9 submission. If the plan is rejected the district shall give
10 written notice of intent to modify the plan within 15 days of
11 the notification of rejection and then submit a modified plan
12 within 30 days after the date of the written notice of intent
13 to modify. Districts may amend approved plans pursuant to
14 rules promulgated by the State Board of Education.
15 Upon notification by the State Board of Education that
16 the district has not submitted a plan prior to July 15 or a
17 modified plan within the time period specified herein, the
18 State aid funds affected by said plan or modified plan shall
19 be withheld by the State Board of Education until a plan or
20 modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan, the
23 plan for the following year shall allocate funds, in addition
24 to the funds otherwise required by this subparagraph, to
25 those attendance centers which were underfunded during the
26 previous year in amounts equal to such underfunding.
27 For purposes of determining compliance with this
28 subsection in relation to Chapter 1 expenditures, each
29 district subject to the provisions of this subsection shall
30 submit as a separate document by December 1 of each year a
31 report of Chapter 1 expenditure data for the prior year in
32 addition to any modification of its current plan. If it is
33 determined that there has been a failure to comply with the
34 expenditure provisions of this subsection regarding
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1 contravention or supplanting, the State Superintendent of
2 Education shall, within 60 days of receipt of the report,
3 notify the district and any affected local school council.
4 The district shall within 45 days of receipt of that
5 notification inform the State Superintendent of Education of
6 the remedial or corrective action to be taken, whether by
7 amendment of the current plan, if feasible, or by adjustment
8 in the plan for the following year. Failure to provide the
9 expenditure report or the notification of remedial or
10 corrective action in a timely manner shall result in a
11 withholding of the affected funds.
12 The State Board of Education shall promulgate rules and
13 regulations to implement the provisions of this subsection
14 5(i)(1). No funds shall be released under subsection 1(n) of
15 this Section or under this subsection 5(i)(1) to any district
16 which has not submitted a plan which has been approved by the
17 State Board of Education.
18 (2) School districts with an average daily attendance of
19 more than 1,000 and less than 50,000 and having a low income
20 pupil weighting factor in excess of .53 shall submit a plan
21 to the State Board of Education prior to October 30 of each
22 year for the use of the funds resulting from the application
23 of subsection 1(n) of this Section for the improvement of
24 instruction in which priority is given to meeting the
25 education needs of disadvantaged children. Such plan shall
26 be submitted in accordance with rules and regulations
27 promulgated by the State Board of Education.
28 (j) For the purposes of calculating State aid under this
29 Section, with respect to any part of a school district within
30 a redevelopment project area in respect to which a
31 municipality has adopted tax increment allocation financing
32 pursuant to the Tax Increment Allocation Redevelopment Act,
33 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
34 Municipal Code or the Industrial Jobs Recovery Law, Sections
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1 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
2 no part of the current equalized assessed valuation of real
3 property located in any such project area which is
4 attributable to an increase above the total initial equalized
5 assessed valuation of such property shall be used in
6 computing the equalized assessed valuation per weighted ADA
7 pupil in the district, until such time as all redevelopment
8 project costs have been paid, as provided in Section
9 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
10 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
11 For the purpose of computing the equalized assessed valuation
12 per weighted ADA pupil in the district the total initial
13 equalized assessed valuation or the current equalized
14 assessed valuation, whichever is lower, shall be used until
15 such time as all redevelopment project costs have been paid.
16 (k) For a school district operating under the financial
17 supervision of an Authority created under Article 34A, the
18 State aid otherwise payable to that district under this
19 Section, other than State aid attributable to Chapter 1
20 students, shall be reduced by an amount equal to the budget
21 for the operations of the Authority as certified by the
22 Authority to the State Board of Education, and an amount
23 equal to such reduction shall be paid to the Authority
24 created for such district for its operating expenses in the
25 manner provided in Section 18-11. The remainder of State
26 school aid for any such district shall be paid in accordance
27 with Article 34A when that Article provides for a disposition
28 other than that provided by this Article.
29 (l) For purposes of calculating State aid under this
30 Section, the equalized assessed valuation for a school
31 district used to compute State aid shall be determined by
32 adding to the real property equalized assessed valuation for
33 the district an amount computed by dividing the amount of
34 money received by the district under the provisions of "An
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1 Act in relation to the abolition of ad valorem personal
2 property tax and the replacement of revenues lost thereby",
3 certified August 14, 1979, by the total tax rate for the
4 district. For purposes of this subsection 1976 tax rates
5 shall be used for school districts in the county of Cook and
6 1977 tax rates shall be used for school districts in all
7 other counties.
8 (m) (1) For a new school district formed by combining
9 property included totally within 2 or more previously
10 existing school districts, for its first year of existence or
11 if the new district was formed after October 31, 1982 and
12 prior to September 23, 1985, for the year immediately
13 following September 23, 1985, the State aid calculated under
14 this Section shall be computed for the new district and for
15 the previously existing districts for which property is
16 totally included within the new district. If the computation
17 on the basis of the previously existing districts is greater,
18 a supplementary payment equal to the difference shall be made
19 for the first 3 years of existence of the new district or if
20 the new district was formed after October 31, 1982 and prior
21 to September 23, 1985, for the 3 years immediately following
22 September 23, 1985.
23 (2) For a school district which annexes all of the
24 territory of one or more entire other school districts, for
25 the first year during which the change of boundaries
26 attributable to such annexation becomes effective for all
27 purposes as determined under Section 7-9 or 7A-8, the State
28 aid calculated under this Section shall be computed for the
29 annexing district as constituted after the annexation and for
30 the annexing and each annexed district as constituted prior
31 to the annexation; and if the computation on the basis of the
32 annexing and annexed districts as constituted prior to the
33 annexation is greater, a supplementary payment equal to the
34 difference shall be made for the first 3 years of existence
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1 of the annexing school district as constituted upon such
2 annexation.
3 (3) For 2 or more school districts which annex all of
4 the territory of one or more entire other school districts,
5 and for 2 or more community unit districts which result upon
6 the division (pursuant to petition under Section 11A-2) of
7 one or more other unit school districts into 2 or more parts
8 and which together include all of the parts into which such
9 other unit school district or districts are so divided, for
10 the first year during which the change of boundaries
11 attributable to such annexation or division becomes effective
12 for all purposes as determined under Section 7-9 or 11A-10,
13 as the case may be, the State aid calculated under this
14 Section shall be computed for each annexing or resulting
15 district as constituted after the annexation or division and
16 for each annexing and annexed district, or for each resulting
17 and divided district, as constituted prior to the annexation
18 or division; and if the aggregate of the State aid as so
19 computed for the annexing or resulting districts as
20 constituted after the annexation or division is less than the
21 aggregate of the State aid as so computed for the annexing
22 and annexed districts, or for the resulting and divided
23 districts, as constituted prior to the annexation or
24 division, then a supplementary payment equal to the
25 difference shall be made and allocated between or among the
26 annexing or resulting districts, as constituted upon such
27 annexation or division, for the first 3 years of their
28 existence. The total difference payment shall be allocated
29 between or among the annexing or resulting districts in the
30 same ratio as the pupil enrollment from that portion of the
31 annexed or divided district or districts which is annexed to
32 or included in each such annexing or resulting district bears
33 to the total pupil enrollment from the entire annexed or
34 divided district or districts, as such pupil enrollment is
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1 determined for the school year last ending prior to the date
2 when the change of boundaries attributable to the annexation
3 or division becomes effective for all purposes. The amount
4 of the total difference payment and the amount thereof to be
5 allocated to the annexing or resulting districts shall be
6 computed by the State Board of Education on the basis of
7 pupil enrollment and other data which shall be certified to
8 the State Board of Education, on forms which it shall provide
9 for that purpose, by the regional superintendent of schools
10 for each educational service region in which the annexing and
11 annexed districts, or resulting and divided districts are
12 located.
13 (4) If a unit school district annexes all the territory
14 of another unit school district effective for all purposes
15 pursuant to Section 7-9 on July 1, 1988, and if part of the
16 annexed territory is detached within 90 days after July 1,
17 1988, then the detachment shall be disregarded in computing
18 the supplementary State aid payments under this paragraph (m)
19 for the entire 3 year period and the supplementary State aid
20 payments shall not be diminished because of the detachment.
21 (5) Any supplementary State aid payment made under this
22 paragraph (m) shall be treated as separate from all other
23 payments made pursuant to this Section.
24 (n) For the purposes of calculating State aid under this
25 Section, the real property equalized assessed valuation for a
26 school district used to compute State aid shall be determined
27 by subtracting from the real property value as equalized or
28 assessed by the Department of Revenue for the district an
29 amount computed by dividing the amount of any abatement of
30 taxes under Section 18-170 of the Property Tax Code by the
31 maximum operating tax rates specified in subsection 5(c) of
32 this Section and an amount computed by dividing the amount of
33 any abatement of taxes under subsection (a) of Section 18-165
34 of the Property Tax Code by the maximum operating tax rates
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1 specified in subsection 5(c) of this Section.
2 (o) Notwithstanding any other provisions of this
3 Section, for the 1996-1997 school year the amount of the
4 aggregate general State aid entitlement that is received
5 under this Section by each school district for that school
6 year shall be not less than the amount of the aggregate
7 general State aid entitlement that was received by the
8 district under this Section for the 1995-1996 school year. If
9 a school district is to receive an aggregate general State
10 aid entitlement under this Section for the 1996-1997 school
11 year that is less than the amount of the aggregate general
12 State aid entitlement that the district received under this
13 Section for the 1995-1996 school year, the school district
14 shall also receive, from a separate appropriation made for
15 purposes of this paragraph (o), a supplementary payment that
16 is equal to the amount by which the general State aid
17 entitlement received by the district under this Section for
18 the 1995-1996 school year exceeds the general State aid
19 entitlement that the district is to receive under this
20 Section for the 1996-1997 school year. If the amount
21 appropriated for supplementary payments to school districts
22 under this paragraph (o) is insufficient for that purpose,
23 the supplementary payments that districts are to receive
24 under this paragraph shall be prorated according to the
25 aggregate amount of the appropriation made for purposes of
26 this paragraph.
27 B. In calculating the amount to be paid to the governing
28 board of a public university that operates a laboratory
29 school under this Section or to any alternative school that
30 is operated by a regional superintendent, the State Board of
31 Education shall require by rule such reporting requirements
32 as it deems necessary.
33 As used in this Section, "laboratory school" means a
34 public school which is created and operated by a public
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1 university and approved by the State Board of Education. The
2 governing board of a public university which receives funds
3 from the State Board under this subsection B may not increase
4 the number of students enrolled in its laboratory school from
5 a single district, if that district is already sending 50 or
6 more students, except under a mutual agreement between the
7 school board of a student's district of residence and the
8 university which operates the laboratory school. A
9 laboratory school may not have more than 1,000 students,
10 excluding students with disabilities in a special education
11 program.
12 As used in this Section, "alternative school" means a
13 public school which is created and operated by a Regional
14 Superintendent of Schools and approved by the State Board of
15 Education. Such alternative schools may offer courses of
16 instruction for which credit is given in regular school
17 programs, courses to prepare students for the high school
18 equivalency testing program or vocational and occupational
19 training.
20 Each laboratory and alternative school shall file, on
21 forms provided by the State Superintendent of Education, an
22 annual State aid claim which states the average daily
23 attendance of the school's students by month. The best 3
24 months' average daily attendance shall be computed for each
25 school. The weighted average daily attendance shall be
26 computed and the weighted average daily attendance for the
27 school's most recent 3 year average shall be compared to the
28 most recent weighted average daily attendance, and the
29 greater of the 2 shall be used for the calculation under this
30 subsection B. The general State aid entitlement shall be
31 computed by multiplying the school's student count by the
32 foundation level as determined under this Section.
33 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
34 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
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1 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
2 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
3 eff. 8-16-96; revised 9-10-96.)
4 (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
5 Sec. 24-2. Holidays. Teachers shall not be required to
6 teach on Saturdays; nor shall teachers or other school
7 employees, other than noncertificated school employees whose
8 presence is necessary because of an emergency or for the
9 continued operation and maintenance of school facilities or
10 property, be required to work on legal school holidays, which
11 are January 1, New Year's Day; the third Monday in January,
12 the Birthday of Dr. Martin Luther King, Jr.; February 12, the
13 Birthday of President Abraham Lincoln; the first Monday in
14 March (to be known as Casimir Pulaski's birthday); Good
15 Friday; the day designated as Memorial Day by federal law;
16 July 4, Independence Day; the first Monday in September,
17 Labor Day; the second Monday in October, Columbus Day;
18 November 11, Veteran's Day; the Thursday in November commonly
19 called Thanksgiving Day; and December 25, Christmas Day.
20 School boards may grant special holidays whenever in their
21 judgment such action is advisable, except that no school
22 board or board of education in a school district having a
23 population exceeding 500,000 the board of education may not
24 designate or observe as a legal or special holiday on which
25 teachers or other school employees are not required to work
26 the days on which general elections for members of the
27 Illinois House of Representatives are held. No deduction
28 shall be made from the time or compensation of a school
29 employee on account of any legal or special holiday.
30 Commemorative holidays, which recognize specified
31 patriotic, civic, cultural or historical persons, activities,
32 or events, are regular school days. Commemorative holidays
33 are: January 28 (to be known as Christa McAuliffe Day and
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1 observed as a commemoration of space exploration), February
2 15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
3 Veterans Day), the school day immediately preceding Veteran's
4 Day (Korean War Veterans Day), October 1 (Recycling Day),
5 December 7 (Pearl Harbor Veterans Day) and any day so
6 appointed by the President or Governor. School boards may
7 establish commemorative holidays whenever in their judgment
8 such action is advisable. School boards shall include
9 instruction relative to commemorated persons, activities, or
10 events on the commemorative holiday or at any other time
11 during the school year and at any point in the curriculum
12 when such instruction may be deemed appropriate. The State
13 Board of Education shall prepare and make available to school
14 boards instructional materials relative to commemorated
15 persons, activities, or events which may be used by school
16 boards in conjunction with any instruction provided pursuant
17 to this paragraph.
18 City of Chicago School District 299 shall observe March 4
19 of each year as a commemorative holiday. This holiday shall
20 be known as Mayors' Day which shall be a day to commemorate
21 and be reminded of the past Chief Executive Officers of the
22 City of Chicago, and in particular the late Mayor Richard J.
23 Daley and the late Mayor Harold Washington. If March 4 falls
24 on a Saturday or Sunday, Mayors' Day shall be observed on the
25 following Monday.
26 (Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
27 revised 9-9-96.)
28 (105 ILCS 5/34-2.3) (from Ch. 122, par. 34-2.3)
29 Sec. 34-2.3. Local school councils - Powers and duties.
30 Each local school council shall have and exercise, consistent
31 with the provisions of this Article and the powers and duties
32 of the board of education, the following powers and duties:
33 1. To evaluate the performance of the principal of the
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1 attendance center taking into consideration the annual
2 evaluation of the principal conducted by the general
3 superintendent pursuant to subsection (h) of Section 34-8.3,
4 to determine in the manner provided by subsection (c) of
5 Section 34-2.2 whether the performance contract of the
6 principal shall be renewed, and to directly select in the
7 manner provided by subsection (c) of Section 34-2.2 a new
8 principal (including a new principal to fill a vacancy) --
9 without submitting any list of candidates for that position
10 to the general superintendent as provided in paragraph 2 of
11 this Section -- to serve under a 4 year performance contract;
12 provided that (i) the determination of whether the
13 principal's performance contract is to be renewed and -- in
14 cases where such performance contract is not renewed -- a
15 direct selection of a new principal -- to serve under a 4
16 year performance contract shall be made by the local school
17 council by April 15 of the calendar year in which the current
18 performance contract of the principal expires, and (ii) a
19 direct selection by the local school council of a new
20 principal to fill a vacancy under a 4 year performance
21 contract shall be made within 90 days after the date such
22 vacancy occurs. A Council shall be required, if requested by
23 the principal, to provide in writing the reasons for the
24 council's not renewing the principal's contract.
25 2. In the event (i) the local school council does not
26 renew the performance contract of the principal, or the
27 principal fails to receive a satisfactory rating as provided
28 in subsection (h) of Section 34-8.3, or the principal is
29 removed for cause during the term of his or her performance
30 contract in the manner provided by Section 34-85, or a
31 vacancy in the position of principal otherwise occurs prior
32 to the expiration of the term of a principal's performance
33 contract, and (ii) the local school council fails to directly
34 select a new principal (including a new principal to fill a
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1 vacancy) to serve under a 4 year performance contract, the
2 local school council in such event shall submit to the
3 general superintendent a list of 3 candidates -- listed in
4 the local school council's order of preference -- for the
5 position of principal, one of which shall be selected by the
6 general superintendent to serve as principal of the
7 attendance center. If the general superintendent fails or
8 refuses to select one of the candidates on the list to serve
9 as principal within 30 days after being furnished with the
10 candidate list, the local school council within 15 days after
11 such failure or refusal shall itself select one of the
12 candidates from the list as principal of the attendance
13 center. There shall be no discrimination on the basis of
14 race, sex, creed, color or disability unrelated to ability to
15 perform in connection with the submission of candidates for,
16 and the selection of a candidate to serve as principal of an
17 attendance center. No person shall be directly selected,
18 listed as a candidate for, or selected to serve as principal
19 of an attendance center (i) if such person has been removed
20 for cause from employment by the Board or (ii) if such person
21 does not hold a valid administrative certificate issued or
22 exchanged under Article 21 and endorsed as required by that
23 Article for the position of principal. A principal whose
24 performance contract is not renewed as provided under
25 subsection (c) of Section 34-2.2 may nevertheless, if
26 otherwise qualified and certified as herein provided and if
27 he or she has received a satisfactory rating as provided in
28 subsection (h) of Section 34-8.3, be included by a local
29 school council as one of the 3 candidates listed in order of
30 preference on any candidate list from which one person is to
31 be selected to serve as principal of the attendance center
32 under a new performance contract. The initial candidate list
33 required to be submitted by a local school council to the
34 general superintendent in cases where the local school
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1 council does not renew the performance contract of its
2 principal and does not directly select a new principal to
3 serve under a 4 year performance contract shall be submitted
4 not later than May 1 of the calendar year in which such
5 performance contract expires. In cases where a principal is
6 removed for cause or a vacancy otherwise occurs in the
7 position of principal and the vacancy is not filled by direct
8 selection by the local school council, the candidate list
9 shall be submitted by the local school council to the general
10 superintendent not later than 90 days after the date such
11 removal or vacancy occurs.
12 2.5. Whenever a vacancy in the office of a principal
13 occurs for any reason, the vacancy shall be filled in the
14 manner provided by this Section by the selection of a new
15 principal to serve under a 4 year performance contract.
16 3. To establish additional criteria to be included as
17 part of the performance contract of its principal, provided
18 that such additional criteria shall not discriminate on the
19 basis of race, sex, creed, color or disability unrelated to
20 ability to perform, and shall not be inconsistent with the
21 uniform 4 year performance contract for principals developed
22 by the board as provided in Section 34-8.1 of the School Code
23 or with other provisions of this Article governing the
24 authority and responsibility of principals.
25 4. To approve the expenditure plan prepared by the
26 principal with respect to all funds allocated and distributed
27 to the attendance center by the Board. The expenditure plan
28 shall be administered by the principal. Notwithstanding any
29 other provision of this Act or any other law, any expenditure
30 plan approved and administered under this Section 34-2.3
31 shall be consistent with and subject to the terms of any
32 contract for services with a third party entered into by the
33 Chicago School Reform Board of Trustees or the board under
34 this Act.
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1 Via a supermajority vote of 7 members of the local school
2 council or 8 members of a high school local school council,
3 the Council may transfer allocations pursuant to Section
4 34-2.3 within funds; provided that such a transfer is
5 consistent with applicable law and collective bargaining
6 agreements.
7 Beginning in fiscal year 1991 and in each fiscal year
8 thereafter, the Board may reserve up to 1% of its total
9 fiscal year budget for distribution on a prioritized basis to
10 schools throughout the school system in order to assure
11 adequate programs to meet the needs of special student
12 populations as determined by the Board. This distribution
13 shall take into account the needs catalogued in the
14 Systemwide Plan and the various local school improvement
15 plans of the local school councils. Information about these
16 centrally funded programs shall be distributed to the local
17 school councils so that their subsequent planning and
18 programming will account for these provisions.
19 Beginning in fiscal year 1991 and in each fiscal year
20 thereafter, from other amounts available in the applicable
21 fiscal year budget, the board shall allocate a lump sum
22 amount to each local school based upon such formula as the
23 board shall determine taking into account the special needs
24 of the student body. The local school principal shall
25 develop an expenditure plan in consultation with the local
26 school council, the professional personnel advisory committee
27 and with all other school personnel, which reflects the
28 priorities and activities as described in the school's local
29 school improvement plan and is consistent with applicable law
30 and collective bargaining agreements and with board policies
31 and standards; however, the local school council shall have
32 the right to request waivers of board policy from the board
33 of education and waivers of employee collective bargaining
34 agreements pursuant to Section 34-8.1a.
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1 The expenditure plan developed by the principal with
2 respect to amounts available from the fund for prioritized
3 special needs programs and the allocated lump sum amount must
4 be approved by the local school council.
5 The lump sum allocation shall take into account the
6 following principles:
7 a. Teachers: Each school shall be allocated funds
8 equal to the amount appropriated in the previous school
9 year for compensation for teachers (regular grades
10 kindergarten through 12th grade) plus whatever increases
11 in compensation have been negotiated contractually or
12 through longevity as provided in the negotiated
13 agreement. Adjustments shall be made due to layoff or
14 reduction in force, lack of funds or work, change in
15 subject requirements, enrollment changes, or contracts
16 with third parties for the performance of services or to
17 rectify any inconsistencies with system-wide allocation
18 formulas or for other legitimate reasons.
19 b. Other personnel: Funds for other teacher
20 certificated and uncertificated personnel paid through
21 non-categorical funds shall be provided according to
22 system-wide formulas based on student enrollment and the
23 special needs of the school as determined by the Board.
24 c. Non-compensation items: Appropriations for all
25 non-compensation items shall be based on system-wide
26 formulas based on student enrollment and on the special
27 needs of the school or factors related to the physical
28 plant, including but not limited to textbooks, supplies,
29 electricity, equipment, and routine maintenance.
30 d. Funds for categorical programs: Schools shall
31 receive personnel and funds based on, and shall use such
32 personnel and funds in accordance with State and Federal
33 requirements applicable to each categorical program
34 provided to meet the special needs of the student body
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1 (including but not limited to, Federal Chapter I,
2 Bilingual, and Special Education).
3 d.1. Funds for State Title I: Each school shall
4 receive funds based on State and Board requirements
5 applicable to each State Title I pupil provided to meet
6 the special needs of the student body. Each school shall
7 receive the proportion of funds as provided in Section
8 18-8 to which they are entitled. These funds shall be
9 spent only with the budgetary approval of the Local
10 School Council as provided in Section 34-2.3.
11 e. The Local School Council shall have the right to
12 request the principal to close positions and open new
13 ones consistent with the provisions of the local school
14 improvement plan provided that these decisions are
15 consistent with applicable law and collective bargaining
16 agreements. If a position is closed, pursuant to this
17 paragraph, the local school shall have for its use the
18 system-wide average compensation for the closed position.
19 f. Operating within existing laws and collective
20 bargaining agreements, the local school council shall
21 have the right to direct the principal to shift
22 expenditures within funds.
23 g. (Blank).
24 Any funds unexpended at the end of the fiscal year shall
25 be available to the board of education for use as part of its
26 budget for the following fiscal year.
27 5. To make recommendations to the principal concerning
28 textbook selection and concerning curriculum developed
29 pursuant to the school improvement plan which is consistent
30 with systemwide curriculum objectives in accordance with
31 Sections 34-8 and 34-18 of the School Code and in conformity
32 with the collective bargaining agreement.
33 6. To advise the principal concerning the attendance and
34 disciplinary policies for the attendance center, subject to
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1 the provisions of this Article and Article 26, and consistent
2 with the uniform system of discipline established by the
3 board pursuant to Section 34-19.
4 7. To approve a school improvement plan developed as
5 provided in Section 34-2.4. The process and schedule for plan
6 development shall be publicized to the entire school
7 community, and the community shall be afforded the
8 opportunity to make recommendations concerning the plan. At
9 least twice a year the principal and local school council
10 shall report publicly on progress and problems with respect
11 to plan implementation.
12 8. To evaluate the allocation of teaching resources and
13 other certificated and uncertificated staff to the attendance
14 center to determine whether such allocation is consistent
15 with and in furtherance of instructional objectives and
16 school programs reflective of the school improvement plan
17 adopted for the attendance center; and to make
18 recommendations to the board, the general superintendent and
19 the principal concerning any reallocation of teaching
20 resources or other staff whenever the council determines that
21 any such reallocation is appropriate because the
22 qualifications of any existing staff at the attendance center
23 do not adequately match or support instructional objectives
24 or school programs which reflect the school improvement plan.
25 9. To make recommendations to the principal and the
26 general superintendent concerning their respective
27 appointments, after August 31, 1989, and in the manner
28 provided by Section 34-8 and Section 34-8.1, of persons to
29 fill any vacant, additional or newly created positions for
30 teachers at the attendance center or at attendance centers
31 which include the attendance center served by the local
32 school council.
33 10. To request of the Board the manner in which training
34 and assistance shall be provided to the local school council.
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1 Pursuant to Board guidelines a local school council is
2 authorized to direct the Board of Education to contract with
3 personnel or not-for-profit organizations not associated with
4 the school district to train or assist council members. If
5 training or assistance is provided by contract with personnel
6 or organizations not associated with the school district, the
7 period of training or assistance shall not exceed 30 hours
8 during a given school year; person shall not be employed on a
9 continuous basis longer than said period and shall not have
10 been employed by the Chicago Board of Education within the
11 preceding six months. Council members shall receive training
12 in at least the following areas:
13 1. school budgets;
14 2. educational theory pertinent to the attendance
15 center's particular needs, including the development of
16 the school improvement plan and the principal's
17 performance contract; and
18 3. personnel selection.
19 Council members shall, to the greatest extent possible,
20 complete such training within 90 days of election.
21 11. In accordance with systemwide guidelines contained
22 in the System-Wide Educational Reform Goals and Objectives
23 Plan, criteria for evaluation of performance shall be
24 established for local school councils and local school
25 council members. If a local school council persists in
26 noncompliance with systemwide requirements, the Board may
27 impose sanctions and take necessary corrective action,
28 consistent with Section 34-8.3.
29 12. Each local school council shall comply with the Open
30 Meetings Act and the Freedom of Information Act. Each local
31 school council shall issue and transmit to its school
32 community a detailed annual report accounting for its
33 activities programmatically and financially. Each local
34 school council shall convene at least 2 well-publicized
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1 meetings annually with its entire school community. These
2 meetings shall include presentation of the proposed local
3 school improvement plan, of the proposed school expenditure
4 plan, and the annual report, and shall provide an opportunity
5 for public comment.
6 13. Each local school council is encouraged to involve
7 additional non-voting members of the school community in
8 facilitating the council's exercise of its responsibilities.
9 14. The local school council may adopt a school uniform
10 or dress code policy that governs the attendance center and
11 that is necessary to maintain the orderly process of a school
12 function or prevent endangerment of student health or safety,
13 consistent with the policies and rules of the Board of
14 Education. A school uniform or dress code policy adopted by a
15 local school council: (i) shall not be applied in such manner
16 as to discipline or deny attendance to a transfer student or
17 any other student for noncompliance with that policy during
18 such period of time as is reasonably necessary to enable the
19 student to acquire a school uniform or otherwise comply with
20 the dress code policy that is in effect at the attendance
21 center into which the student's enrollment is transferred;
22 and (ii) shall include criteria and procedures under which
23 the local school council will accommodate the needs of or
24 otherwise provide appropriate resources to assist a student
25 from an indigent family in complying with an applicable
26 school uniform or dress code policy. A student whose parents
27 or legal guardians object on religious grounds to the
28 student's compliance with an applicable school uniform or
29 dress code policy shall not be required to comply with that
30 policy if the student's parents or legal guardians present to
31 the local school council a signed statement of objection
32 detailing the grounds for the objection.
33 15. All decisions made and actions taken by the local
34 school council in the exercise of its powers and duties shall
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1 comply with State and federal laws, all applicable collective
2 bargaining agreements, court orders and rules properly
3 promulgated by the Board.
4 15a. To grant, in accordance with board rules and
5 policies, the use of assembly halls and classrooms when not
6 otherwise needed, including lighting, heat, and attendants,
7 for public lectures, concerts, and other educational and
8 social activities.
9 15b. To approve, in accordance with board rules and
10 policies, receipts and expenditures for all internal accounts
11 of the attendance center, and to approve all fund-raising
12 activities by nonschool organizations that use the school
13 building.
14 16. (Blank).
15 17. Names and addresses of local school council members
16 shall be a matter of public record.
17 (Source: P.A. 88-85; 88-511; 88-686, eff. 1-24-95; 89-15,
18 eff. 5-30-95; 89-610, eff. 8-6-96; 89-636, eff. 8-9-96;
19 revised 9-9-96.)
20 Section 2-140. The Illinois Banking Act is amended by
21 changing Sections 2, 13, 47, and 48 as follows:
22 (205 ILCS 5/2) (from Ch. 17, par. 302)
23 Sec. 2. General definitions. In this Act, unless the
24 context otherwise requires, the following words and phrases
25 shall have the following meanings:
26 "Accommodation party" shall have the meaning ascribed to
27 that term in Section 3-415 of the Uniform Commercial Code.
28 "Action" in the sense of a judicial proceeding includes
29 recoupments, counterclaims, set-off, and any other proceeding
30 in which rights are determined.
31 "Affiliate facility" of a bank means a main banking
32 premises or branch of another commonly owned bank. The main
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1 banking premises or any branch of a bank may be an "affiliate
2 facility" with respect to one or more other commonly owned
3 banks.
4 "Appropriate federal banking agency" means the Federal
5 Deposit Insurance Corporation, the Federal Reserve Bank of
6 Chicago, or the Federal Reserve Bank of St. Louis, as
7 determined by federal law.
8 "Bank" means any person doing a banking business whether
9 subject to the laws of this or any other jurisdiction.
10 A "banking house", "branch", "branch bank" or "branch
11 office" shall mean any place of business of a bank at which
12 deposits are received, checks paid, or loans made, but shall
13 not include any place at which only records thereof are made,
14 posted, or kept. A place of business at which deposits are
15 received, checks paid, or loans made shall not be deemed to
16 be a branch, branch bank, or branch office if the place of
17 business is adjacent to and connected with the main banking
18 premises, or if it is separated from the main banking
19 premises by not more than an alley; provided always that (i)
20 if the place of business is separated by an alley from the
21 main banking premises there is a connection between the two
22 by public or private way or by subterranean or overhead
23 passage, and (ii) if the place of business is in a building
24 not wholly occupied by the bank, the place of business shall
25 not be within any office or room in which any other business
26 or service of any kind or nature other than the business of
27 the bank is conducted or carried on. A place of business at
28 which deposits are received, checks paid, or loans made shall
29 not be deemed to be a branch, branch bank, or branch office
30 (i) of any bank if the place is an automatic teller machine
31 established and maintained in accordance with paragraph (16)
32 of Section 5 of this Act, or (ii) of any bank if the place is
33 a point of sale terminal established and maintained in
34 accordance with paragraph (17) of Section 5 of this Act, or
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1 (iii) of a commonly owned bank by virtue of transactions
2 conducted at that place on behalf of the other commonly owned
3 bank under paragraph (23) of Section 5 of this Act if the
4 place is an affiliate facility with respect to the other
5 bank.
6 "Branch of an out-of-state bank" means a branch
7 established or maintained in Illinois by an out-of-state bank
8 as a result of a merger between an Illinois bank and the
9 out-of-state bank that occurs on or after May 31, 1997, or
10 any branch established by the out-of-state bank following the
11 merger.
12 "Call report fee" means the fee to be paid to the
13 Commissioner by each State bank pursuant to paragraph (a) of
14 subsection (3) of Section 48 of this Act.
15 "Capital" includes the aggregate of outstanding capital
16 stock and preferred stock.
17 "Cash flow reserve account" means the account within the
18 books and records of the Commissioner of Banks and Real
19 Estate used to record funds designated to maintain a
20 reasonable Bank and Trust Company Fund operating balance to
21 meet agency obligations on a timely basis.
22 "Charter" includes the original charter and all
23 amendments thereto and articles of merger or consolidation.
24 "Commissioner" means the Commissioner of Banks and Real
25 Estate or a person authorized by the Commissioner, the Office
26 of Banks and Real Estate Act, or this Act to act in the
27 Commissioner's stead.
28 "Commonly owned banks" means 2 or more banks that each
29 qualify as a bank subsidiary of the same bank holding company
30 pursuant to Section 18 of the Federal Deposit Insurance Act;
31 "commonly owned bank" refers to one of a group of commonly
32 owned banks but only with respect to one or more of the other
33 banks in the same group.
34 "Community" means a city, village, or incorporated town
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1 in this State.
2 "Company" means a corporation, partnership, business
3 trust, association, or similar organization and, unless
4 specifically excluded, includes a "State bank" and a "bank".
5 "Consolidating bank" means a party to a consolidation.
6 "Consolidation" takes place when 2 or more banks, or a
7 trust company and a bank, are extinguished and by the same
8 process a new bank is created, taking over the assets and
9 assuming the liabilities of the banks or trust company
10 passing out of existence.
11 "Continuing bank" means a merging bank, the charter of
12 which becomes the charter of the resulting bank.
13 "Converting bank" means a State bank converting to become
14 a national bank, or a national bank converting to become a
15 State bank.
16 "Converting trust company" means a trust company
17 converting to become a State bank.
18 "Court" means a court of competent jurisdiction.
19 "Eligible depository institution" means an insured
20 savings association that is in default, an insured savings
21 association that is in danger of default, a State or national
22 bank that is in default or a State or national bank that is
23 in danger of default, as those terms are defined in this
24 Section, or a new bank as that term defined in Section 11(m)
25 of the Federal Deposit Insurance Act or a bridge bank as that
26 term is defined in Section 11(n) of the Federal Deposit
27 Insurance Act or a new federal savings association authorized
28 under Section 11(d)(2)(f) of the Federal Deposit Insurance
29 Act.
30 "Fiduciary" means trustee, agent, executor,
31 administrator, committee, guardian for a minor or for a
32 person under legal disability, receiver, trustee in
33 bankruptcy, assignee for creditors, or any holder of similar
34 position of trust.
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1 "Financial institution" means a bank, savings and loan
2 association, credit union, or any licensee under the Consumer
3 Installment Loan Act or the Sales Finance Agency Act and, for
4 purposes of Section 48.3, any proprietary network, funds
5 transfer corporation, or other entity providing electronic
6 funds transfer services, or any corporate fiduciary, its
7 subsidiaries, affiliates, parent company, or contractual
8 service provider that is examined by the Commissioner.
9 "Foundation" means the Illinois Bank Examiners' Education
10 Foundation.
11 "General obligation" means a bond, note, debenture,
12 security, or other instrument evidencing an obligation of the
13 issuer that is supported by the full available resources of
14 the issuer, the principal and interest of which is payable in
15 whole or in part by taxation.
16 "Guarantee" means an undertaking or promise to answer for
17 payment of another's debt or performance of another's duty,
18 liability, or obligation whether "payment guaranteed" or
19 "collection guaranteed".
20 "In danger of default" means a State or national bank, a
21 federally chartered insured savings association or an
22 Illinois state chartered insured savings association with
23 respect to which the Commissioner or the appropriate federal
24 banking agency has advised the Federal Deposit Insurance
25 Corporation that:
26 (1) in the opinion of the Commissioner or the
27 appropriate federal banking agency,
28 (A) the State or national bank or insured
29 savings association is not likely to be able to meet
30 the demands of the State or national bank's or
31 savings association's obligations in the normal
32 course of business; and
33 (B) there is no reasonable prospect that the
34 State or national bank or insured savings
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1 association will be able to meet those demands or
2 pay those obligations without federal assistance; or
3 (2) in the opinion of the Commissioner or the
4 appropriate federal banking agency,
5 (A) the State or national bank or insured
6 savings association has incurred or is likely to
7 incur losses that will deplete all or substantially
8 all of its capital; and
9 (B) there is no reasonable prospect that the
10 capital of the State or national bank or insured
11 savings association will be replenished without
12 federal assistance.
13 "In default" means, with respect to a State or national
14 bank or an insured savings association, any adjudication or
15 other official determination by any court of competent
16 jurisdiction, the Commissioner, the appropriate federal
17 banking agency, or other public authority pursuant to which a
18 conservator, receiver, or other legal custodian is appointed
19 for a State or national bank or an insured savings
20 association.
21 "Insured savings association" means any federal savings
22 association chartered under Section 5 of the federal Home
23 Owners' Loan Act and any State savings association chartered
24 under the Illinois Savings and Loan Act of 1985 or a
25 predecessor Illinois statute, the deposits of which are
26 insured by the Federal Deposit Insurance Corporation. The
27 term also includes a savings bank organized or operating
28 under the Savings Bank Act.
29 "Insured savings association in recovery" means an
30 insured savings association that is not an eligible
31 depository institution and that does not meet the minimum
32 capital requirements applicable with respect to the insured
33 savings association.
34 "Issuer" means for purposes of Section 33 every person
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1 who shall have issued or proposed to issue any security;
2 except that (1) with respect to certificates of deposit,
3 voting trust certificates, collateral-trust certificates, and
4 certificates of interest or shares in an unincorporated
5 investment trust not having a board of directors (or persons
6 performing similar functions), "issuer" means the person or
7 persons performing the acts and assuming the duties of
8 depositor or manager pursuant to the provisions of the trust,
9 agreement, or instrument under which the securities are
10 issued; (2) with respect to trusts other than those specified
11 in clause (1) above, where the trustee is a corporation
12 authorized to accept and execute trusts, "issuer" means the
13 entrusters, depositors, or creators of the trust and any
14 manager or committee charged with the general direction of
15 the affairs of the trust pursuant to the provisions of the
16 agreement or instrument creating the trust; and (3) with
17 respect to equipment trust certificates or like securities,
18 "issuer" means the person to whom the equipment or property
19 is or is to be leased or conditionally sold.
20 "Letter of credit" and "customer" shall have the meanings
21 ascribed to those terms in Section 5-102 of the Uniform
22 Commercial Code.
23 "Main banking premises" means the location that is
24 designated in a bank's charter as its main office.
25 "Maker or obligor" means for purposes of Section 33 the
26 issuer of a security, the promisor in a debenture or other
27 debt security, or the mortgagor or grantor of a trust deed or
28 similar conveyance of a security interest in real or personal
29 property.
30 "Merged bank" means a merging bank that is not the
31 continuing, resulting, or surviving bank in a consolidation
32 or merger.
33 "Merger" includes consolidation.
34 "Merging bank" means a party to a bank merger.
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1 "Merging trust company" means a trust company party to a
2 merger with a State bank.
3 "Mid-tier bank holding company" means a corporation that
4 (a) owns 100% of the issued and outstanding shares of each
5 class of stock of a State bank, (b) has no other
6 subsidiaries, and (c) 100% of the issued and outstanding
7 shares of the corporation are owned by a parent bank holding
8 company.
9 "Municipality" means any municipality, political
10 subdivision, school district, taxing district, or agency.
11 "National bank" means a national banking association
12 located in this State and after May 31, 1997, means a
13 national banking association without regard to its location.
14 "Out-of-state bank" means a bank chartered under the laws
15 of a state other than Illinois, a territory of the United
16 States, or the District of Columbia.
17 "Parent bank holding company" means a corporation that is
18 a bank holding company as that term is defined in the
19 Illinois Bank Holding Company Act of 1957 and owns 100% of
20 the issued and outstanding shares of a mid-tier bank holding
21 company.
22 "Person" means an individual, corporation, partnership,
23 joint venture, trust, estate, or unincorporated association.
24 "Public agency" means the State of Illinois, the various
25 counties, townships, cities, towns, villages, school
26 districts, educational service regions, special road
27 districts, public water supply districts, fire protection
28 districts, drainage districts, levee districts, sewer
29 districts, housing authorities, the Illinois Bank Examiners'
30 Education Foundation, the Chicago Park District, and all
31 other political corporations or subdivisions of the State of
32 Illinois, whether now or hereafter created, whether herein
33 specifically mentioned or not, and shall also include any
34 other state or any political corporation or subdivision of
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1 another state.
2 "Public funds" or "public money" means current operating
3 funds, special funds, interest and sinking funds, and funds
4 of any kind or character belonging to, in the custody of, or
5 subject to the control or regulation of the United States or
6 a public agency. "Public funds" or "public money" shall
7 include funds held by any of the officers, agents, or
8 employees of the United States or of a public agency in the
9 course of their official duties and, with respect to public
10 money of the United States, shall include Postal Savings
11 funds.
12 "Published" means, unless the context requires otherwise,
13 the publishing of the notice or instrument referred to in
14 some newspaper of general circulation in the community in
15 which the bank is located at least once each week for 3
16 successive weeks. Publishing shall be accomplished by, and
17 at the expense of, the bank required to publish. Where
18 publishing is required, the bank shall submit to the
19 Commissioner that evidence of the publication as the
20 Commissioner shall deem appropriate.
21 "Recorded" means the filing or recording of the notice or
22 instrument referred to in the office of the Recorder of the
23 county wherein the bank is located.
24 "Resulting bank" means the bank resulting from a merger
25 or conversion.
26 "Securities" means stocks, bonds, debentures, notes, or
27 other similar obligations.
28 "Stand-by letter of credit" means a letter of credit
29 under which drafts are payable upon the condition the
30 customer has defaulted in performance of a duty, liability,
31 or obligation.
32 "State bank" means any banking corporation that has a
33 banking charter issued by the Commissioner under this Act.
34 "State Banking Board" means the State Banking Board of
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1 Illinois.
2 "Subsidiary" with respect to a specified company means a
3 company that is controlled by the specified company. For
4 purposes of paragraphs (8) and (12) of Section 5 of this Act,
5 "control" means the exercise of operational or managerial
6 control of a corporation by the bank, either alone or
7 together with other affiliates of the bank.
8 "Surplus" means the aggregate of (i) amounts paid in
9 excess of the par value of capital stock and preferred stock;
10 (ii) amounts contributed other than for capital stock and
11 preferred stock and allocated to the surplus account; and
12 (iii) amounts transferred from undivided profits.
13 "Tier 1 Capital" and "Tier 2 Capital" have the meanings
14 assigned to those terms in regulations promulgated for the
15 appropriate federal banking agency of a state bank, as those
16 regulations are now or hereafter amended.
17 "Trust company" means a corporation incorporated in this
18 State for the purpose of accepting and executing trusts.
19 "Undivided profits" means undistributed earnings less
20 discretionary transfers to surplus.
21 "Unimpaired capital and unimpaired surplus", for the
22 purposes of paragraph (21) of Section 5 and Sections 32, 33,
23 34, 35.1, 35.2, and 47 of this Act means the sum of the state
24 bank's Tier 1 Capital and Tier 2 Capital plus such other
25 shareholder equity as may be included by regulation of the
26 Commissioner. Unimpaired capital and unimpaired surplus
27 shall be calculated on the basis of the date of the last
28 quarterly call report filed with the Commissioner preceding
29 the date of the transaction for which the calculation is
30 made, provided that: (i) when a material event occurs after
31 the date of the last quarterly call report filed with the
32 Commissioner that reduces or increases the bank's unimpaired
33 capital and unimpaired surplus by 10% or more, then the
34 unimpaired capital and unimpaired surplus shall be calculated
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1 from the date of the material event for a transaction
2 conducted after the date of the material event; and (ii) if
3 the Commissioner determines for safety and soundness reasons
4 that a state bank should calculate unimpaired capital and
5 unimpaired surplus more frequently than provided by this
6 paragraph, the Commissioner may by written notice direct the
7 bank to calculate unimpaired capital and unimpaired surplus
8 at a more frequent interval. In the case of a state bank
9 newly chartered under Section 13 or a state bank resulting
10 from a merger, consolidation, or conversion under Sections 21
11 through 26 for which no preceding quarterly call report has
12 been filed with the Commissioner, unimpaired capital and
13 unimpaired surplus shall be calculated for the first calendar
14 quarter on the basis of the effective date of the charter,
15 merger, consolidation, or conversion.
16 (Source: P.A. 88-45; 88-271; 88-546; 89-208, eff. 9-29-95;
17 89-364, eff. 8-18-95; revised 9-18-95; 89-508, eff. 7-3-96;
18 89-534, eff. 1-1-97; 89-567, eff. 7-26-96; 89-626, eff.
19 8-9-96; revised 8-27-96.)
20 (205 ILCS 5/13) (from Ch. 17, par. 320)
21 Sec. 13. Issuance of charter.
22 (a) When the directors have organized as provided in
23 Section 12 of this Act, and the capital stock and the
24 preferred stock, if any, together with a surplus of not less
25 than 50% of the capital, and a reserve for operating expenses
26 of at least 25% of the capital, has been all fully paid in
27 and a record of the same filed with the Commissioner, the
28 Commissioner or some competent person of the Commissioner's
29 appointment shall make a thorough examination into the
30 affairs of the proposed bank, and if satisfied that all the
31 requirements of this Act have been complied with, and that no
32 intervening circumstance has occurred to change the
33 Commissioner's findings made pursuant to Section 10 of this
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1 Act, upon payment into the Commissioner's office of the
2 reasonable expenses of the examination, as determined by the
3 Commissioner, the Commissioner shall issue a charter
4 authorizing the bank to commence business as authorized in
5 this Act. All charters issued by the Commissioner or any
6 predecessor agency which chartered State banks, including any
7 charter outstanding as of September 1, 1989, shall be
8 perpetual. For the 2 years after the Commissioner has issued
9 a charter to a bank, the bank shall request and obtain from
10 the Commissioner prior written approval before it may change
11 senior management personnel or directors.
12 The charter, duly certified by the Commissioner, shall be
13 recorded, and the original or a certified copy shall be
14 evidence in all courts and places of the existence and
15 authority of the bank to do business. Upon the recording of
16 the charter the bank shall be deemed fully organized and may
17 proceed to do business. The Commissioner may, in the
18 Commissioner's discretion, withhold the issuing of the
19 charter when the Commissioner has reason to believe that the
20 bank is organized for any purpose other than that
21 contemplated by this Act or that a commission or fee has been
22 paid in connection with the sale of the stock of the bank.
23 The Commissioner shall revoke the charter and order
24 liquidation in the event that the bank does not commence a
25 general banking business within one year from the date of the
26 issuance of the charter, unless a request has been submitted,
27 in writing, to the Commissioner for an extension and the
28 request has been approved. After commencing a general
29 banking business, a bank, upon written notice to the
30 Commissioner, may change its name.
31 (b) (1) The Commissioner may also issue a charter to a
32 bank that is owned exclusively by other depository
33 institutions or depository institution holding companies and
34 is organized to engage exclusively in providing services to
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1 or for other depository institutions, their holding
2 companies, and the officers, directors, and employees of such
3 institutions and companies, and in providing correspondent
4 banking services at the request of other depository
5 institutions or their holding companies (also referred to as
6 a "bankers' bank").
7 (2) A bank chartered pursuant to paragraph (1) shall,
8 except as otherwise specifically determined by the
9 Commissioner, be vested with the same rights and privileges
10 and subject to the same duties, restrictions, penalties, and
11 liabilities now or hereafter imposed under this Act.
12 (c) A bank chartered under this Act after November 1,
13 1985, and an out-of-state bank that merges with a State bank
14 and establishes or maintains a branch in this State after May
15 31, 1997, shall obtain from and, at all times while it
16 accepts or retains deposits, maintain with the Federal
17 Deposit Insurance Corporation, or such other instrumentality
18 of or corporation chartered by the United States, deposit
19 insurance as authorized under federal law.
20 (d) (i) A bank that has a banking charter issued by the
21 Commissioner under this Act may, pursuant to a written
22 purchase and assumption agreement, transfer substantially all
23 of its assets to another State bank or national bank in
24 consideration, in whole or in part, for the transferee banks'
25 assumption of any part or all of its liabilities. Such a
26 transfer shall in no way be deemed to impair the charter of
27 the transferor bank or cause the transferor bank to forfeit
28 any of its rights, powers, interests, franchises, or
29 privileges as a State bank, nor shall any voluntary reduction
30 in the transferor bank's activities resulting from the
31 transfer have any such effect; provided, however, that a
32 State bank that transfers substantially all of its assets
33 pursuant to this subsection (d) and following the transfer
34 does not accept deposits and make loans, shall not have any
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1 rights, powers, interests, franchises, or privileges under
2 subsection (15) of Section 5 of this Act until the bank has
3 resumed accepting deposits and making loans.
4 (ii) The fact that a State bank does not resume
5 accepting deposits and making loans for a period of 24 months
6 commencing on September 11, 1989 or on a date of the transfer
7 of substantially all of a State bank's assets, whichever is
8 later, or such longer period as the Commissioner may allow in
9 writing, may be the basis for a finding by the Commissioner
10 under Section 51 of this Act that the bank is unable to
11 continue operations.
12 (iii) The authority provided by subdivision (i) of this
13 subsection (d)(i) shall terminate on May 31, 1997, and no
14 bank that has transferred substantially all of its assets
15 pursuant to this subsection (d) shall continue in existence
16 after May 31, 1997.
17 (Source: P.A. 89-208, eff. 9-29-95; 89-567, eff. 7-26-96;
18 89-603, eff. 8-2-96; revised 9-9-96.)
19 (205 ILCS 5/47) (from Ch. 17, par. 358)
20 Sec. 47. Reports to Commissioner.
21 (a) All State banks shall make a full and accurate
22 statement of their affairs at least 1 time during each
23 calendar quarter which shall be certified to, under oath by
24 the president, a vice-president or the cashier of such bank.
25 If the statement is submitted in electronic form, the
26 Commissioner may, in the call for the report, specify the
27 manner in which the appropriate officer of the bank shall
28 certify the statement of affairs. The statement shall be
29 according to the form which may be prescribed by the
30 Commissioner and shall exhibit in detail information
31 concerning such bank at the close of business of any day the
32 Commissioner may choose and designate in a call for such
33 report. Each bank shall deliver its quarterly statement to
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1 the location specified by the Commissioner within 30 calendar
2 days of the date of the call for such reports. If the
3 quarterly statement is mailed, it must be postmarked within
4 the period prescribed for delivery, and if the quarterly
5 statement is delivered in electronic form, the bank shall
6 generate and retain satisfactory proof that it has caused the
7 report to be delivered within the period prescribed for
8 delivery. Within 60 calendar days after the Commissioner's
9 call for the fourth calendar quarter statement of affairs, a
10 State bank shall publish an annual disclosure statement
11 setting forth the information required by rule of the
12 Commissioner. The disclosure statement shall contain the
13 required information as of the close of the business day
14 designated by the Commissioner for the fourth quarter
15 statement of affairs. Any bank failing to make and deliver
16 such statement or to comply with any provisions of this
17 Section may be subject to a penalty payable to the
18 Commissioner of $100 for each day of noncompliance.
19 (b) In addition to the foregoing reports, any bank which
20 is the victim of a shortage of funds in excess of $10,000, an
21 apparent misapplication of the bank's funds by an officer,
22 employee or director, or any adverse legal action in an
23 amount in excess of 10% of total unimpaired capital and
24 unimpaired surplus of the bank, including but not limited to,
25 the entry of an adverse money judgment against the bank or a
26 write-off of assets of the bank, shall report that
27 information in writing to the Commissioner within 7 days of
28 the occurrence. Neither the bank, its directors, officers,
29 employees or its agents, in the preparation or filing of the
30 reports required by subsection (b) of this Section, shall be
31 subject to any liability for libel, slander, or other charges
32 resulting from information supplied in such reports, except
33 when the supplying of such information is done in a corrupt
34 or malicious manner or otherwise not in good faith.
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1 (Source: P.A. 89-505, eff. 6-28-96; 89-567, eff. 7-26-96;
2 revised 8-28-96.)
3 (205 ILCS 5/48) (from Ch. 17, par. 359)
4 Sec. 48. Commissioner's powers; duties. The Commissioner
5 shall have the powers and authority, and is charged with the
6 duties and responsibilities designated in this Act, and a
7 State bank shall not be subject to any other visitorial power
8 other than as authorized by this Act, except those vested in
9 the courts. In the performance of the Commissioner's duties:
10 (1) The Commissioner shall call for statements from all
11 State banks as provided in Section 47 at least one time
12 during each calendar quarter.
13 (2) (a) The Commissioner, as often as the Commissioner
14 shall deem necessary or proper, and at least once in each
15 year, shall appoint a suitable person or persons to make an
16 examination of the affairs of every State bank, except that
17 for every eligible State bank, as defined by regulation, the
18 Commissioner in lieu of an annual examination every other
19 year shall accept the examination made by the eligible State
20 bank's appropriate federal banking agency pursuant to Section
21 111 of the Federal Deposit Insurance Corporation Improvement
22 Act of 1991, provided the appropriate federal banking agency
23 has made such an examination. A person so appointed shall not
24 be a stockholder or officer or employee of any bank which
25 that person may be directed to examine, and shall have powers
26 to make a thorough examination into all the affairs of the
27 bank and in so doing to examine any of the officers or agents
28 or employees thereof on oath and shall make a full and
29 detailed report of the condition of the bank to the
30 Commissioner. In making the examination the examiners shall
31 include an examination of the affairs of all the affiliates
32 of the bank, as defined in subsection (b) of Section 35.2 of
33 this Act, as shall be necessary to disclose fully the
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1 conditions of the affiliates, the relations between the bank
2 and the affiliates and the effect of those relations upon the
3 affairs of the bank, and in connection therewith shall have
4 power to examine any of the officers, directors, agents, or
5 employees of the affiliates on oath. After May 31, 1997, the
6 Commissioner may enter into cooperative agreements with state
7 regulatory authorities of other states to provide for
8 examination of State bank branches in those states, and the
9 Commissioner may accept reports of examinations of State bank
10 branches from those state regulatory authorities. These
11 cooperative agreements may set forth the manner in which the
12 other state regulatory authorities may be compensated for
13 examinations prepared for and submitted to the Commissioner.
14 (b) After May 31, 1997, the Commissioner is authorized
15 to examine, as often as the Commissioner shall deem necessary
16 or proper, branches of out-of-state banks. The Commissioner
17 may establish and may assess fees to be paid to the
18 Commissioner for examinations under this subsection (b). The
19 fees shall be borne by the out-of-state bank, unless the fees
20 are borne by the state regulatory authority that chartered
21 the out-of-state bank, as determined by a cooperative
22 agreement between the Commissioner and the state regulatory
23 authority that chartered the out-of-state bank.
24 (2.5) Whenever any State bank, any subsidiary or
25 affiliate of a State bank, or after May 31, 1997, any branch
26 of an out-of-state bank causes to be performed, by contract
27 or otherwise, any bank services for itself, whether on or off
28 its premises:
29 (a) that performance shall be subject to
30 examination by the Commissioner to the same extent as if
31 services were being performed by the bank or, after May
32 31, 1997, branch of the out-of-state bank itself on its
33 own premises; and
34 (b) the bank or, after May 31, 1997, branch of the
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1 out-of-state bank shall notify the Commissioner of the
2 existence of a service relationship. The notification
3 shall be submitted with the first statement of condition
4 (as required by Section 47 of this Act) due after the
5 making of the service contract or the performance of the
6 service, whichever occurs first. The Commissioner shall
7 be notified of each subsequent contract in the same
8 manner.
9 For purposes of this subsection (2.5), the term "bank
10 services" means services such as sorting and posting of
11 checks and deposits, computation and posting of interest and
12 other credits and charges, preparation and mailing of checks,
13 statements, notices, and similar items, or any other
14 clerical, bookkeeping, accounting, statistical, or similar
15 functions performed for a State bank, including but not
16 limited to electronic data processing related to those bank
17 services.
18 (3) The expense of administering this Act, including the
19 expense of the examinations of State banks as provided in
20 this Act, shall to the extent of the amounts resulting from
21 the fees provided for in paragraphs (a), (a-2), and (b) of
22 this subsection (3) be assessed against and borne by the
23 State banks:
24 (a) Each bank shall pay to the Commissioner a Call
25 Report Fee which shall be paid in quarterly installments
26 equal to one-fourth of the sum of the annual fixed fee of
27 $800, plus a variable fee based on the assets shown on
28 the quarterly statement of condition delivered to the
29 Commissioner in accordance with Section 47 for the
30 preceding quarter according to the following schedule:
31 16¢ per $1,000 of the first $5,000,000 of total assets,
32 15¢ per $1,000 of the next $20,000,000 of total assets,
33 13¢ per $1,000 of the next $75,000,000 of total assets,
34 9¢ per $1,000 of the next $400,000,000 of total assets,
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1 7¢ per $1,000 of the next $500,000,000 of total assets,
2 and 5¢ per $1,000 of all assets in excess of
3 $1,000,000,000, of the State bank. The Call Report Fee
4 shall be calculated by the Commissioner and billed to the
5 banks for remittance at the time of the quarterly
6 statements of condition provided for in Section 47. The
7 Commissioner may require payment of the fees provided in
8 this Section by an electronic transfer of funds or an
9 automatic debit of an account of each of the State banks.
10 In case more than one examination of any bank is deemed
11 by the Commissioner to be necessary in any fiscal year
12 and is performed at his direction, the Commissioner may
13 assess a reasonable additional fee to recover the cost of
14 the additional examination, but the additional fee shall
15 not exceed the sum of the remittances from the Call
16 Report Fees applicable to the 4 consecutive quarterly
17 statements of condition immediately preceding the date of
18 the additional examination. In lieu of the method and
19 amounts set forth in this paragraph (a) for the
20 calculation of the Call Report Fee, the Commissioner may
21 specify by rule that the Call Report Fees provided by
22 this Section may be assessed semiannually or some other
23 period and may provide in the rule the formula to be used
24 for calculating and assessing the periodic Call Report
25 Fees to be paid by State banks.
26 (a-1) If in the opinion of the Commissioner an
27 emergency exists or appears likely, the Commissioner may
28 assign an examiner or examiners to monitor the affairs of
29 a State bank with whatever frequency he deems
30 appropriate, including but not limited to a daily basis.
31 The reasonable and necessary expenses of the Commissioner
32 during the period of the monitoring shall be borne by the
33 subject bank. The Commissioner shall furnish the State
34 bank a statement of time and expenses if requested to do
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1 so within 30 days of the conclusion of the monitoring
2 period.
3 (a-2) On and after January 1, 1990, the reasonable
4 and necessary expenses of the Commissioner during
5 examination of the performance of electronic data
6 processing services under subsection (2.5) shall be borne
7 by the banks for which the services are provided. An
8 amount, based upon a fee structure prescribed by the
9 Commissioner, shall be paid by the banks or, after May
10 31, 1997, branches of out-of-state banks receiving the
11 electronic data processing services along with the Call
12 Report Fee assessed under paragraph (a) of this
13 subsection (3).
14 (a-3) After May 31, 1997, the reasonable and
15 necessary expenses of the Commissioner during examination
16 of the performance of electronic data processing services
17 under subsection (2.5) at or on behalf of branches of
18 out-of-state banks shall be borne by the out-of-state
19 banks, unless those expenses are borne by the state
20 regulatory authorities that chartered the out-of-state
21 banks, as determined by cooperative agreements between
22 the Commissioner and the state regulatory authorities
23 that chartered the out-of-state banks.
24 (b) "Fiscal year" for purposes of this Section 48
25 is defined as a period beginning July 1 of any year and
26 ending June 30 of the next year. The Commissioner shall
27 receive for each fiscal year, commencing with the fiscal
28 year ending June 30, 1987, a contingent fee equal to the
29 lesser of the aggregate of the fees paid by all State
30 banks under paragraph (a) of subsection (3) for that
31 year, or the amount, if any, whereby the aggregate of the
32 administration expenses, as defined in paragraph (c), for
33 that fiscal year exceeds the sum of the aggregate of the
34 fees payable by all State banks for that year under
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1 paragraph (a) of subsection (3), plus all other amounts
2 collected by the Commissioner for that year under any
3 other provision of this Act, plus the aggregate of all
4 fees collected for that year by the Commissioner under
5 the Corporate Fiduciary Act, excluding the receivership
6 fees provided for in Section 5-10 of the Corporate
7 Fiduciary Act, and the Foreign Banking Office Act. The
8 aggregate amount of the contingent fee thus arrived at
9 for any fiscal year shall be apportioned amongst,
10 assessed upon, and paid by the State banks and foreign
11 banking corporations, respectively, in the same
12 proportion that the fee of each under paragraph (a) of
13 subsection (3), respectively, for that year bears to the
14 aggregate for that year of the fees collected under
15 paragraph (a) of subsection (3). The aggregate amount of
16 the contingent fee, and the portion thereof to be
17 assessed upon each State bank and foreign banking
18 corporation, respectively, shall be determined by the
19 Commissioner and shall be paid by each, respectively,
20 within 120 days of the close of the period for which the
21 contingent fee is computed and is payable, and the
22 Commissioner shall give 20 days advance notice of the
23 amount of the contingent fee payable by the State bank
24 and of the date fixed by the Commissioner for payment of
25 the fee.
26 (c) The "administration expenses" for any fiscal
27 year shall mean the ordinary and contingent expenses for
28 that year incident to making the examinations provided
29 for by, and for otherwise administering, this Act, the
30 Corporate Fiduciary Act, excluding the expenses paid from
31 the Corporate Fiduciary Receivership account in the Bank
32 and Trust Company Fund, the Foreign Banking Office Act,
33 the Electronic Fund Transfer Act, and the Illinois Bank
34 Examiners' Education Foundation Act, including all
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1 salaries and other compensation paid for personal
2 services rendered for the State by officers or employees
3 of the State, including the Commissioner and the Deputy
4 Commissioners, all expenditures for telephone and
5 telegraph charges, postage and postal charges, office
6 stationery, supplies and services, and office furniture
7 and equipment, including typewriters and copying and
8 duplicating machines and filing equipment, surety bond
9 premiums, and travel expenses of those officers and
10 employees, employees, expenditures or charges for the
11 acquisition, enlargement or improvement of, or for the
12 use of, any office space, building, or structure, or
13 expenditures for the maintenance thereof or for
14 furnishing heat, light, or power with respect thereto,
15 all to the extent that those expenditures are directly
16 incidental to such examinations or administration. The
17 Commissioner shall not be required by paragraphs (c) or
18 (d-1) of this subsection (3) to maintain in any fiscal
19 year's budget appropriated reserves for accrued vacation
20 and accrued sick leave that is required to be paid to
21 employees of the Commissioner upon termination of their
22 service with the Commissioner in an amount that is more
23 than is reasonably anticipated to be necessary for any
24 anticipated turnover in employees, whether due to normal
25 attrition or due to layoffs, terminations, or
26 resignations.
27 (d) The aggregate of all fees collected by the
28 Commissioner under this Act, the Corporate Fiduciary Act,
29 or the Foreign Banking Office Act on and after July 1,
30 1979, shall be paid promptly after receipt of the same,
31 accompanied by a detailed statement thereof, into the
32 State treasury and shall be set apart in a special fund
33 to be known as the "Bank and Trust Company Fund", except
34 as provided in paragraph (c) of subsection (11) of this
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1 Section. The amount from time to time deposited into the
2 Bank and Trust Company Fund shall be used to offset the
3 ordinary administrative expenses of the Commissioner of
4 Banks and Real Estate as defined in this Section. Nothing
5 in this amendatory Act of 1979 shall prevent continuing
6 the practice of paying expenses involving salaries,
7 retirement, social security, and State-paid insurance
8 premiums of State officers by appropriations from the
9 General Revenue Fund. However, the General Revenue Fund
10 shall be reimbursed for those payments made on and after
11 July 1, 1979, by an annual transfer of funds from the
12 Bank and Trust Company Fund.
13 (d-1) Adequate funds shall be available in the Bank
14 and Trust Company Fund to permit the timely payment of
15 administration expenses. In each fiscal year the total
16 administration expenses shall be deducted from the total
17 fees collected by the Commissioner and the remainder
18 transferred into the Cash Flow Reserve Account, unless
19 the balance of the Cash Flow Reserve Account prior to the
20 transfer equals or exceeds one-fourth of the total
21 initial appropriations from the Bank and Trust Company
22 Fund for the subsequent year, in which case the remainder
23 shall be credited to State banks and foreign banking
24 corporations and applied against their fees for the
25 subsequent year. The amount credited to each State bank
26 and foreign banking corporation shall be in the same
27 proportion as the Call Report Fees paid by each for the
28 year bear to the total Call Report Fees collected for the
29 year. If, after a transfer to the Cash Flow Reserve
30 Account is made or if no remainder is available for
31 transfer, the balance of the Cash Flow Reserve Account is
32 less than one-fourth of the total initial appropriations
33 for the subsequent year and the amount transferred is
34 less than 5% of the total Call Report Fees for the year,
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1 additional amounts needed to make the transfer equal to
2 5% of the total Call Report Fees for the year shall be
3 apportioned amongst, assessed upon, and paid by the State
4 banks and foreign banking corporations in the same
5 proportion that the Call Report Fees of each,
6 respectively, for the year bear to the total Call Report
7 Fees collected for the year. The additional amounts
8 assessed shall be transferred into the Cash Flow Reserve
9 Account. For purposes of this paragraph (d-1), the
10 calculation of the fees collected by the Commissioner
11 shall exclude the receivership fees provided for in
12 Section 5-10 of the Corporate Fiduciary Act.
13 (e) The Commissioner may upon request certify to
14 any public record in his keeping and shall have authority
15 to levy a reasonable charge for issuing certifications of
16 any public record in his keeping.
17 (f) In addition to fees authorized elsewhere in
18 this Act, the Commissioner may, in connection with a
19 review, approval, or provision of a service, levy a
20 reasonable charge to recover the cost of the review,
21 approval, or service.
22 (4) Nothing contained in this Act shall be construed to
23 limit the obligation relative to examinations and reports of
24 any State bank, deposits in which are to any extent insured
25 by the United States or any agency thereof, nor to limit in
26 any way the powers of the Commissioner with reference to
27 examinations and reports of that bank.
28 (5) The nature and condition of the assets in or
29 investment of any bonus, pension, or profit sharing plan for
30 officers or employees of every State bank or, after May 31,
31 1997, branch of an out-of-state bank shall be deemed to be
32 included in the affairs of that State bank or branch of an
33 out-of-state bank subject to examination by the Commissioner
34 under the provisions of subsection (2) of this Section, and
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1 if the Commissioner shall find from an examination that the
2 condition of or operation of the investments or assets of the
3 plan is unlawful, fraudulent, or unsafe, or that any trustee
4 has abused his trust, the Commissioner shall, if the
5 situation so found by the Commissioner shall not be corrected
6 to his satisfaction within 60 days after the Commissioner has
7 given notice to the board of directors of the State bank or
8 out-of-state bank of his findings, report the facts to the
9 Attorney General who shall thereupon institute proceedings
10 against the State bank or out-of-state bank, the board of
11 directors thereof, or the trustees under such plan as the
12 nature of the case may require.
13 (6) The Commissioner shall have the power:
14 (a) To promulgate reasonable rules for the purpose
15 of administering the provisions of this Act.
16 (b) To issue orders for the purpose of
17 administering the provisions of this Act and any rule
18 promulgated in accordance with this Act.
19 (c) To appoint hearing officers to execute any of
20 the powers granted to the Commissioner under this Section
21 for the purpose of administering this Act and any rule
22 promulgated in accordance with this Act.
23 (d) To subpoena witnesses, to compel their
24 attendance, to administer an oath, to examine any person
25 under oath, and to require the production of any relevant
26 books, papers, accounts, and documents in the course of
27 and pursuant to any investigation being conducted, or any
28 action being taken, by the Commissioner in respect of any
29 matter relating to the duties imposed upon, or the powers
30 vested in, the Commissioner under the provisions of this
31 Act or any rule promulgated in accordance with this Act.
32 (e) To conduct hearings.
33 (7) Whenever, in the opinion of the Commissioner, any
34 director, officer, employee, or agent of a State bank or,
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1 after May 31, 1997, of any branch of an out-of-state bank
2 shall have violated any law, rule, or order relating to that
3 bank or shall have engaged in an unsafe or unsound practice
4 in conducting the business of that bank, the Commissioner may
5 issue an order of removal. The order shall be served upon the
6 director, officer, employee, or agent. A copy of the order
7 shall be sent to each director of the bank affected by
8 registered mail. The person affected by the action may
9 request a hearing before the State Banking Board within 10
10 days after receipt of the order of removal. The hearing
11 shall be held by the Board within 30 days after the request
12 has been received by the Board. The Board shall make a
13 determination approving, modifying, or disapproving the order
14 of the Commissioner as its final administrative decision. If
15 a hearing is held by the Board, the Board shall make its
16 determination within 60 days from the conclusion of the
17 hearing. Any person affected by a decision of the Board under
18 this subsection (7) of Section 48 of this Act may have the
19 decision reviewed only under and in accordance with the
20 Administrative Review Law and the rules adopted pursuant
21 thereto. A copy of the order shall also be served upon the
22 bank of which he is a director, officer, employee, or agent,
23 whereupon he shall cease to be a director, officer, employee,
24 or agent of that bank. The order and the findings of fact
25 upon which it is based shall not be made public or disclosed
26 to anyone except the director, officer, employee, or agent
27 involved and the directors of the bank involved, otherwise
28 than in connection with proceedings for a violation of or
29 failure to comply with this Section. The Commissioner may
30 institute a civil action against the director, officer, or
31 agent of the State bank or, after May 31, 1997, of the branch
32 of the out-of-state bank against whom any order provided for
33 by this subsection (7) of this Section 48 has been issued,
34 and against the State bank or, after May 31, 1997,
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1 out-of-state bank, to enforce compliance with or to enjoin
2 any violation of the terms of the order. Any person who has
3 been removed by an order of the Commissioner under this
4 subsection or Section 5-6 of the Corporate Fiduciary Act may
5 not thereafter serve as director, officer, employee, or agent
6 of any State bank or of any branch of any out-of-state bank,
7 or of any corporate fiduciary, as defined in Section 1-5.05
8 of the Corporate Fiduciary Act, unless the Commissioner has
9 granted prior approval in writing.
10 (8) The Commissioner may impose civil penalties of up to
11 $10,000 against any person for each violation of any
12 provision of this Act, any rule promulgated in accordance
13 with this Act, any order of the Commissioner, or any other
14 action which in the Commissioner's discretion is an unsafe or
15 unsound banking practice.
16 (9) The Commissioner may impose civil penalties of up to
17 $100 against any person for the first failure to comply with
18 reporting requirements set forth in the report of examination
19 of the bank and up to $200 for the second and subsequent
20 failures to comply with those reporting requirements.
21 (10) All final administrative decisions of the
22 Commissioner hereunder shall be subject to judicial review
23 pursuant to the provisions of the Administrative Review Law.
24 For matters involving administrative review, venue shall be
25 in either Sangamon County or Cook County.
26 (11) The endowment fund for the Illinois Bank Examiners'
27 Education Foundation shall be administered as follows:
28 (a) (Blank).
29 (b) The Foundation is empowered to receive
30 voluntary contributions, gifts, grants, bequests, and
31 donations on behalf of the Illinois Bank Examiners'
32 Education Foundation from national banks and other
33 persons for the purpose of funding the endowment of the
34 Illinois Bank Examiners' Education Foundation.
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1 (c) The aggregate of all special educational fees
2 collected by the Commissioner and property received by
3 the Commissioner on behalf of the Illinois Bank
4 Examiners' Education Foundation under this subsection
5 (11) on or after June 30, 1986, shall be either (i)
6 promptly paid after receipt of the same, accompanied by a
7 detailed statement thereof, into the State Treasury and
8 shall be set apart in a special fund to be known as "The
9 Illinois Bank Examiners' Education Fund" to be invested
10 by either the Treasurer of the State of Illinois in the
11 Public Treasurers' Investment Pool or in any other
12 investment he is authorized to make or by the Illinois
13 State Board of Investment as the board of trustees of the
14 Illinois Bank Examiners' Education Foundation may direct
15 or (ii) deposited into an account maintained in a
16 commercial bank or corporate fiduciary in the name of the
17 Illinois Bank Examiners' Education Foundation pursuant to
18 the order and direction of the Board of Trustees of the
19 Illinois Bank Examiners' Education Foundation.
20 (12) (Blank).
21 (Source: P.A. 88-45; 88-289; 88-481; 88-546; 88-670, eff.
22 12-2-94; 89-208, eff. 9-29-95; 89-317, eff. 8-11-95; 89-508,
23 eff. 7-3-96; 89-567, eff. 7-26-96; 89-626, eff. 8-9-96;
24 revised 9-9-96.)
25 Section 2-145. The Illinois Savings and Loan Act of 1985
26 is amended by changing Section 1-6 as follows:
27 (205 ILCS 105/1-6) (from Ch. 17, par. 3301-6)
28 Sec. 1-6. General corporate powers. An association
29 operating under this Act shall be a body corporate and
30 politic and shall have all of the specific powers conferred
31 by this Act and, in addition thereto, the following general
32 powers:
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1 (a) To sue and be sued, complain and defend in its
2 corporate name, and to have a common seal, which it may alter
3 or renew at pleasure;
4 (b) To obtain and maintain insurance of the
5 association's withdrawable capital by an insurance
6 corporation as defined in this Act;
7 (c) Notwithstanding anything to the contrary contained
8 in this Act, to become a member of the Federal Home Loan
9 Bank, and to have all of the powers granted to a savings or
10 thrift institution organized under the laws of the United
11 States and which is located and doing business in the State
12 of Illinois, subject to regulations of the Commissioner;
13 (d) To act as a fiscal agent for the United States, the
14 State of Illinois or any department, branch, arm or agency of
15 the State or any unit of local government or school district
16 in the State when duly designated for that purpose, and as
17 agent to perform the reasonable functions as may be required
18 of it;
19 (e) To become a member of or deal with any corporation
20 or agency of the United States or the State of Illinois, to
21 the extent that the agency assists in furthering or
22 facilitating the association's purposes or powers and to that
23 end to purchase stock or securities thereof or deposit money
24 therewith, and to comply with any other conditions of
25 membership or credit;
26 (f) To make donations in reasonable amounts for the
27 public welfare or for charitable, scientific, religious or
28 educational purposes;
29 (g) To adopt and operate reasonable insurance, bonus,
30 profit sharing, and retirement plans for officers and
31 employees; likewise, directors who are not officers,
32 including, but not limited to, advisory, honorary, and
33 emeritus directors, may participate in those plans;
34 (h) To reject any application for membership, to retire
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1 withdrawable capital by enforced retirement as provided in
2 this Act and the by-laws, and to limit the issuance of or
3 payments on withdrawable capital, subject, however, to
4 contractual obligations;
5 (i) To purchase stock in service corporations and to
6 invest in any form of indebtedness of any service corporation
7 as defined in this Act, subject to regulations of the
8 Commissioner;
9 (j) To purchase stock of a corporation whose principal
10 purpose is to operate a safe deposit company or escrow
11 service company;
12 (k) To act as Trustee or Custodian under the Federal
13 Self-Employed Individuals' Tax Retirement Act of 1962 or any
14 amendments thereto or any other retirement account and invest
15 any funds held in such capacity in a savings account of the
16 institution;
17 (l) (Blank);
18 (m) To establish, maintain and operate terminals as
19 authorized by the Electronic Fund Transfer Act and by Section
20 5 of the Illinois Banking Act. The establishment,
21 maintenance, operation and location of such terminals shall
22 be subject to the approval of the Commissioner;
23 (n) Subject to the approval and regulations of the
24 Commissioner, an association may purchase or assume all or
25 any part of the assets or liabilities of an eligible insured
26 bank;
27 (o) To purchase from a bank, as defined in Section 2 of
28 the Illinois Banking Act, an insubstantial portion of the
29 total deposits of an insured bank. For the purpose of this
30 subparagraph, "insubstantial portion of the total deposits"
31 shall have the same meaning as provided in Section 5(d)(2)(D)
32 of the Federal Deposit Insurance Act;
33 (p) To effect an acquisition of or conversion to another
34 financial institution pursuant to Section 205 of the
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1 Financial Institutions Reform, Recovery and Enforcement Act
2 of 1989;
3 (q) To pledge its assets:
4 (1) to enable it to act as an agent for the sale of
5 obligations of the United States;
6 (2) to secure deposits;
7 (3) to secure deposits of money whenever required
8 by the National Bankruptcy Act;
9 (4) to qualify under Section 2-9 of the Corporate
10 Fiduciary Act; and
11 (5) to secure trust funds commingled with the
12 institution's funds, whether deposited by the institution
13 or an affiliate of the institution, as required under
14 Section 2-8 of the Corporate Fiduciary Act; and
15 (r) To provide temporary periodic service to persons
16 residing in a bona fide nursing home, senior citizens'
17 retirement home, or long-term care facility; and
18 (s) To purchase for its own account shares of stock of a
19 bankers' bank, described in Section 13(b)(1) of the Illinois
20 Banking Act, on the same terms and conditions as a bank may
21 purchase such shares. In no event shall the total amount of
22 such stock held by an association in such bankers' bank
23 exceed 10% of its capital and surplus (including undivided
24 profits) and in no event shall an association acquire more
25 than 5% of any class of voting securities of such bankers'
26 bank; and.
27 (t) (s) To effect a conversion to a State bank pursuant
28 to the provisions of the Illinois Banking Act.
29 (Source: P.A. 88-481; 89-74, eff. 6-30-95; 89-310, eff.
30 1-1-96; 89-317, eff. 8-11-95; 89-355, eff. 8-17-95; 89-567,
31 eff. 7-26-96; 89-603, eff. 8-2-96; 89-626, eff. 8-9-96;
32 revised 9-13-96.)
33 Section 2-150. The Savings Bank Act is amended by
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1 changing Section 1008 as follows:
2 (205 ILCS 205/1008) (from Ch. 17, par. 7301-8)
3 Sec. 1008. General corporate powers.
4 (a) A savings bank operating under this Act shall be a
5 body corporate and politic and shall have all of the specific
6 powers conferred by this Act and in addition thereto, the
7 following general powers:
8 (1) To sue and be sued, complain, and defend in its
9 corporate name and to have a common seal, which it may
10 alter or renew at pleasure.
11 (2) To obtain and maintain insurance by a deposit
12 insurance corporation as defined in this Act.
13 (3) To act as a fiscal agent for the United States,
14 the State of Illinois or any department, branch, arm, or
15 agency of the State or any unit of local government or
16 school district in the State, when duly designated for
17 that purpose, and as agent to perform reasonable
18 functions as may be required of it.
19 (4) To become a member of or deal with any
20 corporation or agency of the United States or the State
21 of Illinois, to the extent that the agency assists in
22 furthering or facilitating its purposes or powers and to
23 that end to purchase stock or securities thereof or
24 deposit money therewith, and to comply with any other
25 conditions of membership or credit.
26 (5) To make donations in reasonable amounts for the
27 public welfare or for charitable, scientific, religious,
28 or educational purposes.
29 (6) To adopt and operate reasonable insurance,
30 bonus, profit sharing, and retirement plans for officers
31 and employees and for directors including, but not
32 limited to, advisory, honorary, and emeritus directors,
33 who are not officers or employees.
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1 (7) To reject any application for membership; to
2 retire deposit accounts by enforced retirement as
3 provided in this Act and the bylaws; and to limit the
4 issuance of, or payments on, deposit accounts, subject,
5 however, to contractual obligations.
6 (8) To purchase stock in service corporations and
7 to invest in any form of indebtedness of any service
8 corporation as defined in this Act, subject to
9 regulations of the Commissioner.
10 (9) To purchase stock of a corporation whose
11 principal purpose is to operate a safe deposit company or
12 escrow service company.
13 (10) To exercise all the powers necessary to
14 qualify as a trustee or custodian under federal or State
15 law, provided that the authority to accept and execute
16 trusts is subject to the provisions of the Corporate
17 Fiduciary Act and to the supervision of those activities
18 by the Commissioner of Banks and Real Estate.
19 (11) (Blank).
20 (12) To establish, maintain, and operate terminals
21 as authorized by the Electronic Fund Transfer Act. The
22 establishment, maintenance, operation, and location of
23 those terminals shall be subject to the approval of the
24 Commissioner.
25 (13) Pledge its assets:
26 (A) to enable it to act as agent for the sale
27 of obligations of the United States;
28 (B) to secure deposits;
29 (C) to secure deposits of money whenever
30 required by the National Bankruptcy Act;
31 (D) to qualify under Section 2-9 of the
32 Corporate Fiduciary Act; and
33 (E) to secure trust funds commingled with the
34 savings bank's funds, whether deposited by the
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1 savings bank or an affiliate of the savings bank, as
2 required under Section 2-8 of the Corporate
3 Fiduciary Act.
4 (14) To accept for payment at a future date not to
5 exceed one year from the date of acceptance, drafts drawn
6 upon it by its customers; and to issue, advise, or
7 confirm letters of credit authorizing holders thereof to
8 draw drafts upon it or its correspondents.
9 (15) Subject to the regulations of the
10 Commissioner, to own and lease personal property acquired
11 by the savings bank at the request of a prospective
12 lessee and, upon the agreement of that person, to lease
13 the personal property.
14 (16) To establish temporary service booths at any
15 International Fair in this State that is approved by the
16 United States Department of Commerce for the duration of
17 the international fair for the purpose of providing a
18 convenient place for foreign trade customers to exchange
19 their home countries' currency into United States
20 currency or the converse. To provide temporary periodic
21 service to persons residing in a bona fide nursing home,
22 senior citizens' retirement home, or long-term care
23 facility. These powers shall not be construed as
24 establishing a new place or change of location for the
25 savings bank providing the service booth.
26 (17) To indemnify its officers, directors,
27 employees, and agents, as authorized for corporations
28 under Section 8.75 of the Business Corporations Act of
29 1983.
30 (18) To provide data processing services to others
31 on a for-profit basis.
32 (19) To utilize any electronic technology to
33 provide customers with home banking services.
34 (20) Subject to the regulations of the
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1 Commissioner, to enter into an agreement to act as a
2 surety.
3 (21) Subject to the regulations of the
4 Commissioner, to issue credit cards, extend credit
5 therewith, and otherwise engage in or participate in
6 credit card operations.
7 (22) To purchase for its own account shares of
8 stock of a bankers' bank, described in Section 13(b)(1)
9 of the Illinois Banking Act, on the same terms and
10 conditions as a bank may purchase such shares. In no
11 event shall the total amount of such stock held by a
12 savings bank an association in such bankers' bank exceed
13 10% of its capital and surplus (including undivided
14 profits) and in no event shall a savings bank an
15 association acquire more than 5% of any class of voting
16 securities of such bankers' bank.
17 (b) If this Act fails to provide specific guidance in
18 matters of corporate governance, the provisions of the
19 Business Corporation Act of 1983 may be used.
20 (Source: P.A. 88-112; 88-481; 88-670, eff. 12-2-94; 89-74,
21 eff. 6-30-95; 89-310, eff. 1-1-96; 89-317, eff. 8-11-95;
22 89-355, eff. 8-17-95; 89-508, eff. 7-3-96; 89-603, eff.
23 8-2-96; 89-626, eff. 8-9-96; revised 9-9-96.)
24 Section 2-155. The Corporate Fiduciary Act is amended by
25 changing Section 3-3 as follows:
26 (205 ILCS 620/3-3) (from Ch. 17, par. 1553-3)
27 Sec. 3-3. Successor trustee.
28 (a) If any corporate fiduciary merges into, or becomes
29 consolidated with, another corporate fiduciary qualified to
30 administer trusts or is succeeded in its trust business by
31 any corporate fiduciary by purchase or otherwise; or if a
32 bank holding company causes a subsidiary, qualified to
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1 administer trusts, to succeed to part or all of the trust
2 business of any other subsidiary of the same bank holding
3 company, the surviving, consolidated, successor corporate
4 fiduciary or subsidiary shall become successor fiduciary in
5 place of such predecessor corporate fiduciary, unless
6 expressly prohibited by the provisions of the trust
7 instrument, with all the rights, powers and duties which were
8 granted to or imposed on such predecessor corporate
9 fiduciary.
10 (b) (Blank).
11 (c) Notwithstanding any other provision of law, a
12 corporate fiduciary may delegate to any of its affiliates
13 qualified to administer trusts, any or all fiduciary duties,
14 actions or decisions, discretionary or otherwise, and the
15 delegating corporate fiduciary shall not be required to
16 review any delegated actions or decisions taken by the
17 affiliate. The term "affiliate" means any state bank, any
18 national bank, any trust company, or any other corporation,
19 which that is qualified to act as a fiduciary in this or any
20 other state, and which that is a member of the same
21 affiliated group (within the meaning of Section 1504 of the
22 Internal Revenue Code of 1986, as amended).
23 (Source: P.A. 89-205, eff. 1-1-96; 89-364, eff. 8-18-95;
24 89-567, eff. 7-26-96; 89-686, eff. 6-1-97; revised 1-15-97.)
25 Section 2-160. The Promissory Note and Bank Holiday Act
26 is amended by changing Section 17 as follows:
27 (205 ILCS 630/17) (from Ch. 17, par. 2201)
28 Sec. 17. Holidays.
29 (a) The following days shall be legal holidays in the
30 State of Illinois upon which day a bank may, but is not
31 required to, remain closed:
32 the first day of January (New Year's Day);
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1 the third Monday in January (observance of Martin Luther
2 King, Jr.'s birthday);
3 the twelfth day in February (Abraham Lincoln's birthday);
4 the third Monday in February (Presidents Day);
5 the first Monday in March (observance of Casimir
6 Pulaski's birthday);
7 the Friday preceding Easter Sunday (Good Friday);
8 the last Monday of May (Memorial Day);
9 the fourth day of July (Independence Day);
10 the first Monday in September (Labor Day);
11 the second Monday in October (Columbus Day);
12 the eleventh day of November (Veterans' Day);
13 the fourth Thursday in November (Thanksgiving Day);
14 the twenty-fifth day in December (Christmas Day);
15 the days upon which the general elections for members of
16 the House of Representatives are held, and any day proclaimed
17 by the Governor of this State as a legal holiday. From 12
18 o'clock noon to 12 o'clock midnight of each Saturday shall be
19 considered a half holiday. In addition to such holidays and
20 half-holidays, a bank may select one day of the week to
21 remain closed, as provided in subsection (b) of this Section.
22 (b) Any bank doing business within this State may select
23 any one day of the week to remain closed on a regular basis
24 upon adoption of a resolution by the board of directors of
25 such bank designating the day selected and upon filing and
26 publishing a copy of such resolution as hereinafter required.
27 Any such resolution shall be deemed effective for the purpose
28 of this Section only when a copy thereof, certified by an
29 officer having charge of the records of such bank, is filed
30 with the Recorder of the county in which such bank is located
31 and published once each week for 3 successive weeks in a
32 newspaper of general circulation in such county. Such
33 publication shall be accomplished by, and at the expense of,
34 the bank, and the bank shall submit to the Commissioner of
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1 Banks and Real Estate such evidence of the publication as the
2 Commissioner shall deem appropriate. Any such selection
3 shall remain in full force and effect until a copy of the
4 later resolution of the board of directors of such bank,
5 certified in like manner, terminating or altering any such
6 prior selection shall be filed and published in the same
7 manner as such prior resolution.
8 (c) If an occasion arises when a state bank wishes to
9 remain closed on a particular day, other than a day on which
10 the bank has selected to remain closed on a regular basis as
11 provided in this Section, such state bank may remain closed
12 on such an occasion after first sending to the Commissioner a
13 copy of a resolution adopted by the board of directors
14 authorizing the bank to remain closed on such occasion and
15 notice of the intent to remain closed on such occasion shall
16 be conspicuously posted in the lobby of the main banking
17 office and any branches of such bank for at least 3 weeks in
18 advance of such occasion. Any day which any bank doing
19 business within the State shall select to remain closed
20 pursuant to this Section shall, with respect to such bank, be
21 treated and considered as a Sunday.
22 (d) All legal holidays, the half holidays and any day
23 selected by a bank doing business within the State to remain
24 closed, shall, for all purposes whatsoever, as regards the
25 presenting for payment or acceptance, the maturity and
26 protesting and giving of notice of the dishonor of bills of
27 exchange, bank checks and promissory notes and other
28 negotiable or commercial paper or instrument, be treated and
29 considered as a Sunday. When any such holidays fall on
30 Sunday, the Monday next following shall be held and
31 considered such holiday. All notes, bills, drafts, checks or
32 other evidence of indebtedness, falling due or maturing on
33 either of such days, shall be deemed as due or maturing upon
34 the day following, and when 2 or more of these days come
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1 together, or immediately succeeding each other, then such
2 instruments, paper or indebtedness shall be deemed as due or
3 having matured on the day following the last of such days.
4 (e) Any act authorized, required or permitted to be
5 performed at or by or with respect to any bank doing business
6 within the State on a day which it has selected to remain
7 closed under this Section may be so performed on the next
8 succeeding business day and no liability or loss of rights of
9 any kind shall result from such delay.
10 (f) Nothing in this Act shall in any manner affect the
11 validity of, or render void or voidable, the payment,
12 certification, or acceptance of a check or other negotiable
13 instrument, or any other transaction by a bank in this State,
14 because done or performed on any Saturday, Sunday, holiday,
15 or any day selected by a bank to remain closed, or during any
16 time other than regular banking hours; but no bank in this
17 State, which by law or custom is entitled to remain open or
18 to close for the whole or any part of any day selected by it
19 to remain open or to close, is compelled to close, or to
20 remain open for the transaction of business or to perform any
21 of the acts or transactions aforesaid except at its own
22 option.
23 (Source: P.A. 89-508, eff. 7-3-96; 89-567, eff. 7-26-96;
24 revised 9-10-96.)
25 Section 2-165. The Nursing Home Care Act is amended by
26 changing Section 1-113 as follows:
27 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
28 Sec. 1-113. "Facility" or "long-term care facility"
29 means a private home, institution, building, residence, or
30 any other place, whether operated for profit or not, or a
31 county home for the infirm and chronically ill operated
32 pursuant to Division 5-21 or 5-22 of the Counties Code, or
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1 any similar institution operated by a political subdivision
2 of the State of Illinois, which provides, through its
3 ownership or management, personal care, sheltered care or
4 nursing for 3 or more persons, not related to the applicant
5 or owner by blood or marriage. It includes skilled nursing
6 facilities and intermediate care facilities as those terms
7 are defined in Title XVIII and Title XIX of the Federal
8 Social Security Act.
9 "Facility" does not include the following:
10 (1) A home, institution, or other place operated by the
11 federal government or agency thereof, or by the State of
12 Illinois;
13 (2) A hospital, sanitarium, or other institution whose
14 principal activity or business is the diagnosis, care, and
15 treatment of human illness through the maintenance and
16 operation as organized facilities therefor, which is required
17 to be licensed under the Hospital Licensing Act;
18 (3) Any "facility for child care" as defined in the
19 Child Care Act of 1969;
20 (4) Any "Community Living Facility" as defined in the
21 Community Living Facilities Licensing Act;
22 (5) Any "community residential alternative" as defined
23 in the Community Residential Alternatives Licensing Act;
24 (6) Any nursing home or sanatorium operated solely by
25 and for persons who rely exclusively upon treatment by
26 spiritual means through prayer, in accordance with the creed
27 or tenets of any well-recognized church or religious
28 denomination. However, such nursing home or sanatorium shall
29 comply with all local laws and rules relating to sanitation
30 and safety;
31 (7) Any facility licensed by the Department of Human
32 Services as a community-integrated living arrangement as
33 defined in the Community-Integrated Living Arrangements
34 Licensure and Certification Act;
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1 (8) Any "Supportive Residence" licensed under the
2 Supportive Residences Licensing Act; or
3 (9) Any "supportive living facility" in good standing
4 with the demonstration project established under Section
5 5-5.01a of the Illinois Public Aid Code.
6 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
7 revised 8-26-96.)
8 Section 2-170. The Illinois Insurance Code is amended by
9 changing and renumbering multiple versions of Section 356r as
10 follows:
11 (215 ILCS 5/356r)
12 Sec. 356r. Woman's principal health care provider.
13 (a) An individual or group policy of accident and health
14 insurance or a managed care plan amended, delivered, issued,
15 or renewed in this State after November 14, 1996 the
16 effective date of this Section that requires an insured or
17 enrollee to designate an individual to coordinate care or to
18 control access to health care services shall also permit a
19 female insured or enrollee to designate a participating
20 woman's principal health care provider.
21 (b) If a female insured or enrollee has designated a
22 woman's principal health care provider, then the insured or
23 enrollee must be given direct access to the woman's principal
24 health care provider for services covered by the policy or
25 plan without the need for a referral or prior approval.
26 Nothing shall prohibit the insurer or managed care plan from
27 requiring prior authorization or approval from either a
28 primary care provider or the woman's principal health care
29 provider for referrals for additional care or services.
30 (c) For the purposes of this Section the following terms
31 are defined:
32 (1) "Woman's principal health care provider" means
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1 a physician licensed to practice medicine in all of its
2 branches specializing in obstetrics or gynecology.
3 (2) "Managed care entity" means any entity
4 including a licensed insurance company, hospital or
5 medical service plan, health maintenance organization,
6 limited health service organization, preferred provider
7 organization, third party administrator, an employer or
8 employee organization, or any person or entity that
9 establishes, operates, or maintains a network of
10 participating providers.
11 (3) "Managed care plan" means a plan operated by a
12 managed care entity that provides for the financing of
13 health care services to persons enrolled in the plan
14 through:
15 (A) organizational arrangements for ongoing
16 quality assurance, utilization review programs, or
17 dispute resolution; or
18 (B) financial incentives for persons enrolled
19 in the plan to use the participating providers and
20 procedures covered by the plan.
21 (4) "Participating provider" means a physician who
22 has contracted with an insurer or managed care plan to
23 provide services to insureds or enrollees as defined by
24 the contract.
25 (d) The original provisions of this Section became law
26 on July 17, 1996 and took take effect November 14, 1996,
27 which is 120 days after becoming law.
28 (Source: P.A. 89-514; revised 1-2-97.)
29 (215 ILCS 5/356s)
30 Sec. 356s. 356r. Post-parturition care. An individual or
31 group policy of accident and health insurance that provides
32 maternity coverage and is amended, delivered, issued, or
33 renewed after the effective date of this amendatory Act of
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1 1996 shall provide coverage for the following:
2 (1) a minimum of 48 hours of inpatient care
3 following a vaginal delivery for the mother and the
4 newborn, except as otherwise provided in this Section; or
5 (2) a minimum of 96 hours of inpatient care
6 following a delivery by caesarian section for the mother
7 and newborn, except as otherwise provided in this
8 Section.
9 A shorter length of hospital inpatient stay for services
10 related to maternity and newborn care may be provided if the
11 attending physician licensed to practice medicine in all of
12 its branches determines, in accordance with the protocols and
13 guidelines developed by the American College of Obstetricians
14 and Gynecologists or the American Academy of Pediatrics, that
15 the mother and the newborn meet the appropriate guidelines
16 for that length of stay based upon evaluation of the mother
17 and newborn and the coverage and availability of a
18 post-discharge physician office visit or in-home nurse visit
19 to verify the condition of the infant in the first 48 hours
20 after discharge.
21 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
22 Section 2-175. The Child Care Act of 1969 is amended by
23 changing Section 7 as follows:
24 (225 ILCS 10/7) (from Ch. 23, par. 2217)
25 Sec. 7. (a) The Department must prescribe and publish
26 minimum standards for licensing that apply to the various
27 types of facilities for child care defined in this Act and
28 that are equally applicable to like institutions under the
29 control of the Department and to foster family homes used by
30 and under the direct supervision of the Department. The
31 Department shall seek the advice and assistance of persons
32 representative of the various types of child care facilities
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1 in establishing such standards. The standards prescribed and
2 published under this Act take effect as provided in the
3 Illinois Administrative Procedure Act, and are restricted to
4 regulations pertaining to:
5 (1) The operation and conduct of the facility and
6 responsibility it assumes for child care;
7 (2) The character, suitability and qualifications
8 of the applicant and other persons directly responsible
9 for the care and welfare of children served. All child
10 day care center licensees and employees who are required
11 to report child abuse or neglect under the Abused and
12 Neglected Child Reporting Act shall be required to attend
13 training on recognizing child abuse and neglect, as
14 prescribed by Department rules;
15 (3) The general financial ability and competence of
16 the applicant to provide necessary care for children and
17 to maintain prescribed standards;
18 (4) The number of individuals or staff required to
19 insure adequate supervision and care of the children
20 received. The standards shall provide that each child
21 care institution, maternity center, day care center,
22 group home, day care home, and group day care home shall
23 have on its premises during its hours of operation at
24 least one staff member certified in first aid, in the
25 Heimlich maneuver and in cardiopulmonary resuscitation by
26 the American Red Cross or other organization approved by
27 rule of the Department. Child welfare agencies shall not
28 be subject to such a staffing requirement. The
29 Department may offer, or arrange for the offering, on a
30 periodic basis in each community in this State in
31 cooperation with the American Red Cross, the American
32 Heart Association or other appropriate organization,
33 voluntary programs to train operators of foster family
34 homes and day care homes in first aid and cardiopulmonary
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1 resuscitation;
2 (5) The appropriateness, safety, cleanliness and
3 general adequacy of the premises, including maintenance
4 of adequate fire prevention and health standards
5 conforming to State laws and municipal codes to provide
6 for the physical comfort, care and well-being of children
7 received;
8 (6) Provisions for food, clothing, educational
9 opportunities, program, equipment and individual supplies
10 to assure the healthy physical, mental and spiritual
11 development of children served;
12 (7) Provisions to safeguard the legal rights of
13 children served;
14 (8) Maintenance of records pertaining to the
15 admission, progress, health and discharge of children,
16 including, for day care centers and day care homes,
17 records indicating each child has been immunized as
18 required by State regulations. The Department shall
19 require proof that children enrolled in a facility have
20 been immunized against Haemophilus Influenzae B (HIB);
21 (9) Filing of reports with the Department;
22 (10) Discipline of children;
23 (11) Protection and fostering of the particular
24 religious faith of the children served;
25 (12) Provisions prohibiting firearms on day care
26 center premises except in the possession of peace
27 officers;
28 (13) Provisions prohibiting handguns on day care
29 home premises except in the possession of peace officers
30 or other adults who must possess a handgun as a condition
31 of employment and who reside on the premises of a day
32 care home;
33 (14) Provisions requiring that any firearm
34 permitted on day care home premises, except handguns in
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1 the possession of peace officers, shall be kept in a
2 disassembled state, without ammunition, in locked
3 storage, inaccessible to children and that ammunition
4 permitted on day care home premises shall be kept in
5 locked storage separate from that of disassembled
6 firearms, inaccessible to children;
7 (15) Provisions requiring notification of parents
8 or guardians enrolling children at a day care home of the
9 presence in the day care home of any firearms and
10 ammunition and of the arrangements for the separate,
11 locked storage of such firearms and ammunition.
12 (b) If, in a facility for general child care, there are
13 children diagnosed as mentally ill, mentally retarded or
14 physically handicapped, who are determined to be in need of
15 special mental treatment or of nursing care, or both mental
16 treatment and nursing care, the Department shall seek the
17 advice and recommendation of the Department of Human
18 Services, the Department of Public Health, or both
19 Departments regarding the residential treatment and nursing
20 care provided by the institution.
21 (c) The Department shall investigate any person applying
22 to be licensed as a foster parent to determine whether there
23 is any evidence of current drug or alcohol abuse in the
24 prospective foster family. The Department shall not license
25 a person as a foster parent if drug or alcohol abuse has been
26 identified in the foster family or if a reasonable suspicion
27 of such abuse exists, except that the Department may grant a
28 foster parent license to an applicant identified with an
29 alcohol or drug problem if the applicant has successfully
30 participated in an alcohol or drug treatment program,
31 self-help group, or other suitable activities.
32 (d) The Department, in applying standards prescribed and
33 published, as herein provided, shall offer consultation
34 through employed staff or other qualified persons to assist
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1 applicants and licensees in meeting and maintaining minimum
2 requirements for a license and to help them otherwise to
3 achieve programs of excellence related to the care of
4 children served. Such consultation shall include providing
5 information concerning education and training in early
6 childhood development to providers of day care home services.
7 The Department may provide or arrange for such education and
8 training for those providers who request such assistance.
9 (e) The Department shall distribute copies of licensing
10 standards to all licensees and applicants for a license.
11 Each licensee or holder of a permit shall distribute copies
12 of the appropriate licensing standards and any other
13 information required by the Department to child care
14 facilities under its supervision. Each licensee or holder of
15 a permit shall maintain appropriate documentation of the
16 distribution of the standards. Such documentation shall be
17 part of the records of the facility and subject to inspection
18 by authorized representatives of the Department.
19 (f) The Department shall prepare summaries of day care
20 licensing standards. Each licensee or holder of a permit for
21 a day care facility shall distribute a copy of the
22 appropriate summary and any other information required by the
23 Department, to the legal guardian of each child cared for in
24 that facility at the time when the child is enrolled or
25 initially placed in the facility. The licensee or holder of a
26 permit for a day care facility shall secure appropriate
27 documentation of the distribution of the summary and
28 brochure. Such documentation shall be a part of the records
29 of the facility and subject to inspection by an authorized
30 representative of the Department.
31 (g) The Department shall distribute to each licensee and
32 holder of a permit copies of the licensing or permit
33 standards applicable to such person's facility. Each
34 licensee or holder of a permit shall make available by
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1 posting at all times in a common or otherwise accessible area
2 a complete and current set of licensing standards in order
3 that all employees of the facility may have unrestricted
4 access to such standards. All employees of the facility
5 shall have reviewed the standards and any subsequent changes.
6 Each licensee or holder of a permit shall maintain
7 appropriate documentation of the current review of licensing
8 standards by all employees. Such records shall be part of
9 the records of the facility and subject to inspection by
10 authorized representatives of the Department.
11 (h) Any standards involving physical examinations,
12 immunization, or medical treatment shall include appropriate
13 exemptions for children whose parents object thereto on the
14 grounds that they conflict with the tenets and practices of a
15 recognized church or religious organization, of which the
16 parent is an adherent or member, and for children who should
17 not be subjected to immunization for clinical reasons.
18 (Source: P.A. 89-274, eff. 1-1-96; 89-507, eff. 7-1-97;
19 89-648, eff. 8-9-96; revised 9-12-96.)
20 Section 2-180. The Health Care Worker Background Check
21 Act is amended by changing Sections 15 and 65 as follows:
22 (225 ILCS 46/15)
23 Sec. 15. Definitions. For the purposes of this Act, the
24 following definitions apply:
25 "Applicant" means an individual seeking employment with a
26 health care employer who has received a bona fide conditional
27 offer of employment.
28 "Conditional offer of employment" means a bona fide offer
29 of employment by a health care employer to an applicant,
30 which is contingent upon the receipt of a report from the
31 Department of State Police indicating that the applicant does
32 not have a record of conviction of any of the criminal
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1 offenses enumerated in Section 25.
2 "Direct care" means the provision of nursing care or
3 assistance with meals, dressing, movement, bathing, or other
4 personal needs or maintenance, or general supervision and
5 oversight of the physical and mental well-being of an
6 individual who is incapable of managing his or her person
7 whether or not a guardian has been appointed for that
8 individual.
9 "Health care employer" means:
10 (1) the owner or licensee of any of the following:
11 (i) a community living facility, as defined in the
12 Community Living Facilities Act;
13 (ii) a life care facility, as defined in the Life
14 Care Facilities Act;
15 (iii) a long-term care facility, as defined in the
16 Nursing Home Care Act;
17 (iv) a home health agency, as defined in the Home
18 Health Agency Licensing Act;
19 (v) a full hospice, as defined in the Hospice
20 Program Licensing Act;
21 (vi) a hospital, as defined in the Hospital
22 Licensing Act;
23 (vii) a community residential alternative, as
24 defined in the Community Residential Alternatives
25 Licensing Act;
26 (viii) a nurse agency, as defined in the Nurse
27 Agency Licensing Act;
28 (ix) a respite care provider, as defined in the
29 Respite Program Act;
30 (2) a day training program certified by the Department
31 of Human Services; or
32 (3) a community integrated living arrangement operated
33 by a community mental health and developmental service
34 agency, as defined in the Community-Integrated Living
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1 Arrangements Licensing and Certification Act.
2 "Initiate" means the obtaining of the authorization for a
3 record check from a student, applicant, or employee. The
4 educational entity or health care employer or its designee
5 shall transmit all necessary information and fees to the
6 Illinois State Police within 10 working days after receipt of
7 the authorization.
8 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
9 89-674, eff. 8-14-96; revised 9-12-96.)
10 (225 ILCS 46/65)
11 Sec. 65. Health Care Worker Task Force. A Health Care
12 Worker Task Force shall be appointed no later than July 1,
13 1996, to study and make recommendations on statutory changes
14 to this Act.
15 (a) The Task Force shall monitor the status of the
16 implementation of this Act and monitor complaint
17 investigations relating to this Act by the Department on
18 Aging, Department of Public Health, Department of
19 Professional Regulation, and the Department of Human Services
20 to determine the criminal background, if any, of health care
21 workers who have had findings of abuse, theft, or
22 exploitation.
23 (b) The Task Force shall make recommendations
24 concerning:
25 (1) additional health care positions, including
26 licensed individuals and volunteers, that should be
27 included in the Act;
28 (2) development of a transition to
29 fingerprint-based State and federal criminal records
30 checks for all direct care applicants or employees;
31 (3) development of a system that is affordable to
32 applicants;
33 (4) modifications to the list of offenses
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1 enumerated in Section 25; and
2 (5) any other necessary or desirable changes to the
3 Act.
4 (c) The Task Force shall issue an interim report to the
5 Governor and General Assembly no later than December 31,
6 1996. The final report shall be issued no later than
7 September 30, 1997, and shall include specific statutory
8 changes recommended, if any.
9 (d) The Task Force shall be comprised of the following
10 members who shall serve without pay:
11 (1) a chairman knowledgeable about health care
12 issues, who shall be appointed by the Governor;
13 (2) the Director of the Department of Public Health
14 or his or her designee;
15 (3) the Director of the Department of State Police
16 or his or her designee;
17 (3.5) the Director of the Department of Public Aid
18 or his or her designee;
19 (4) 2 representatives of health care providers who
20 shall be appointed by the Governor;
21 (5) 2 representatives of health care employees who
22 shall be appointed by the Governor;
23 (6) a representative of the general public who has
24 an interest in health care who shall be appointed by the
25 Governor; and
26 (7) 4 members of the General Assembly, one
27 appointed by the Speaker of the House, one appointed by
28 the House Minority Leader, one appointed by the President
29 of the Senate, and one appointed by the Senate Minority
30 Leader.
31 (Source: P.A. 89-197, eff. 7-21-95; 89-507, eff. 7-1-97;
32 89-674, eff. 8-14-96; revised 9-12-96.)
33 Section 2-185. The Liquor Control Act of 1934 is amended
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1 by changing Section 6-15 as follows:
2 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
3 Sec. 6-15. No alcoholic liquors shall be sold or
4 delivered in any building belonging to or under the control
5 of the State or any political subdivision thereof except as
6 provided in this Act. The corporate authorities of any city,
7 village, incorporated town or township may provide by
8 ordinance, however, that alcoholic liquor may be sold or
9 delivered in any specifically designated building belonging
10 to or under the control of the municipality or township, or
11 in any building located on land under the control of the
12 municipality; provided that such township complies with all
13 applicable local ordinances in any incorporated area of the
14 township. Alcoholic liquors may be delivered to and sold at
15 any airport belonging to or under the control of a
16 municipality of more than 25,000 inhabitants, or in any
17 building owned by a park district organized under the Park
18 District Code, subject to the approval of the governing board
19 of the district, or in any building or on any golf course
20 owned by a forest preserve district organized under the
21 Downstate Forest Preserve District Act, subject to the
22 approval of the governing board of the district, or in
23 Bicentennial Park, or on the premises of the City of Mendota
24 Lake Park located adjacent to Route 51 in Mendota, Illinois,
25 or on the premises of Camden Park in Milan, Illinois, or in
26 the community center owned by the City of Loves Park that is
27 located at 1000 River Park Drive in Loves Park, Illinois, or,
28 in connection with the operation of an established food
29 serving facility during times when food is dispensed for
30 consumption on the premises, and at the following aquarium
31 and museums located in public parks: Art Institute of
32 Chicago, Chicago Academy of Sciences, Chicago Historical
33 Society, Field Museum of Natural History, Museum of Science
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1 and Industry, DuSable Museum of African American History,
2 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
3 Museum of Arts and Sciences in Peoria, or in connection with
4 the operation of the facilities of the Chicago Zoological
5 Society or the Chicago Horticultural Society on land owned by
6 the Forest Preserve District of Cook County, or in any
7 building located on land owned by the Chicago Park District
8 if approved by the Park District Commissioners, or on any
9 land used for a golf course or for recreational purposes and
10 owned by the Illinois International Port District if approved
11 by the District's governing board, or at any airport, golf
12 course, faculty center, or facility in which conference and
13 convention type activities take place belonging to or under
14 control of any State university or public community college
15 district, provided that with respect to a facility for
16 conference and convention type activities alcoholic liquors
17 shall be limited to the use of the convention or conference
18 participants or participants in cultural, political or
19 educational activities held in such facilities, and provided
20 further that the faculty or staff of the State university or
21 a public community college district, or members of an
22 organization of students, alumni, faculty or staff of the
23 State university or a public community college district are
24 active participants in the conference or convention, or by a
25 catering establishment which has rented facilities from a
26 board of trustees of a public community college district, or,
27 if approved by the District board, on land owned by the
28 Metropolitan Sanitary District of Greater Chicago and leased
29 to others for a term of at least 20 years. Nothing in this
30 Section precludes the sale or delivery of alcoholic liquor in
31 the form of original packaged goods in premises located at
32 500 S. Racine in Chicago belonging to the University of
33 Illinois and used primarily as a grocery store by a
34 commercial tenant during the term of a lease that predates
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1 the University's acquisition of the premises; but the
2 University shall have no power or authority to renew,
3 transfer, or extend the lease with terms allowing the sale of
4 alcoholic liquor; and the sale of alcoholic liquor shall be
5 subject to all local laws and regulations. After the
6 acquisition by Winnebago County of the property located at
7 404 Elm Street in Rockford, a commercial tenant who sold
8 alcoholic liquor at retail on a portion of the property under
9 a valid license at the time of the acquisition may continue
10 to do so for so long as the tenant and the County may agree
11 under existing or future leases, subject to all local laws
12 and regulations regarding the sale of alcoholic liquor. Each
13 facility shall provide dram shop liability in maximum
14 insurance coverage limits so as to save harmless the State,
15 municipality, State university, airport, golf course, faculty
16 center, facility in which conference and convention type
17 activities take place, park district, Forest Preserve
18 District, public community college district, aquarium,
19 museum, or sanitary district from all financial loss, damage
20 or harm. Alcoholic liquors may be sold at retail in buildings
21 of golf courses owned by municipalities in connection with
22 the operation of an established food serving facility during
23 times when food is dispensed for consumption upon the
24 premises. Alcoholic liquors may be delivered to and sold at
25 retail in any building owned by a fire protection district
26 organized under the Fire Protection District Act, provided
27 that such delivery and sale is approved by the board of
28 trustees of the district, and provided further that such
29 delivery and sale is limited to fundraising events and to a
30 maximum of 6 events per year.
31 Alcoholic liquor may be delivered to and sold at retail
32 in the Dorchester Senior Business Center owned by the Village
33 of Dolton if the alcoholic liquor is sold or dispensed only
34 in connection with organized functions for which the planned
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1 attendance is 20 or more persons, and if the person or
2 facility selling or dispensing the alcoholic liquor has
3 provided dram shop liability insurance in maximum limits so
4 as to hold harmless the Village of Dolton and the State from
5 all financial loss, damage and harm.
6 Alcoholic liquors may be delivered to and sold at retail
7 in any building used as an Illinois State Armory provided:
8 (i) the Adjutant General's written consent to the
9 issuance of a license to sell alcoholic liquor in such
10 building is filed with the Commission;
11 (ii) the alcoholic liquor is sold or dispensed only
12 in connection with organized functions held on special
13 occasions;
14 (iii) the organized function is one for which the
15 planned attendance is 25 or more persons; and
16 (iv) the facility selling or dispensing the
17 alcoholic liquors has provided dram shop liability
18 insurance in maximum limits so as to save harmless the
19 facility and the State from all financial loss, damage or
20 harm.
21 Alcoholic liquors may be delivered to and sold at retail
22 in the Chicago Civic Center, provided that:
23 (i) the written consent of the Public Building
24 Commission which administers the Chicago Civic Center is
25 filed with the Commission;
26 (ii) the alcoholic liquor is sold or dispensed only
27 in connection with organized functions held on special
28 occasions;
29 (iii) the organized function is one for which the
30 planned attendance is 25 or more persons;
31 (iv) the facility selling or dispensing the
32 alcoholic liquors has provided dram shop liability
33 insurance in maximum limits so as to hold harmless the
34 Civic Center, the City of Chicago and the State from all
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1 financial loss, damage or harm; and
2 (v) all applicable local ordinances are complied
3 with.
4 Alcoholic liquors may be delivered or sold in any
5 building belonging to or under the control of any city,
6 village or incorporated town where more than 75% of the
7 physical properties of the building is used for commercial or
8 recreational purposes, and the building is located upon a
9 pier extending into or over the waters of a navigable lake or
10 stream or on the shore of a navigable lake or stream.
11 Alcoholic liquor may be sold in buildings under the control
12 of the Department of Natural Resources when written consent
13 to the issuance of a license to sell alcoholic liquor in such
14 buildings is filed with the Commission by the Department of
15 Natural Resources. Notwithstanding any other provision of
16 this Act, alcoholic liquor sold by a United States Army Corps
17 of Engineers or Department of Natural Resources
18 concessionaire who was operating on June 1, 1991 for
19 on-premises consumption only is not subject to the provisions
20 of Articles IV and IX. Beer and wine may be sold on the
21 premises of the Joliet Park District Stadium owned by the
22 Joliet Park District when written consent to the issuance of
23 a license to sell beer and wine in such premises is filed
24 with the local liquor commissioner by the Joliet Park
25 District. Beer and wine may be sold in buildings on the
26 grounds of State veterans' homes when written consent to the
27 issuance of a license to sell beer and wine in such buildings
28 is filed with the Commission by the Department of Veterans'
29 Affairs, and the facility shall provide dram shop liability
30 in maximum insurance coverage limits so as to save the
31 facility harmless from all financial loss, damage or harm.
32 Such liquors may be delivered to and sold at any property
33 owned or held under lease by a Metropolitan Pier and
34 Exposition Authority or Metropolitan Exposition and
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1 Auditorium Authority.
2 Beer and wine may be sold and dispensed at professional
3 sporting events and at professional concerts and other
4 entertainment events conducted on premises owned by the
5 Forest Preserve District of Kane County, subject to the
6 control of the District Commissioners and applicable local
7 law, provided that dram shop liability insurance is provided
8 at maximum coverage limits so as to hold the District
9 harmless from all financial loss, damage and harm.
10 Nothing in this Section shall preclude the sale or
11 delivery of beer and wine at a State or county fair or the
12 sale or delivery of beer or wine at a city fair in any
13 otherwise lawful manner.
14 Alcoholic liquors may be sold at retail in buildings in
15 State parks under the control of the Department of Natural
16 Resources, provided:
17 a. the State park has overnight lodging facilities
18 with some restaurant facilities or, not having overnight
19 lodging facilities, has restaurant facilities which serve
20 complete luncheon and dinner or supper meals,
21 b. consent to the issuance of a license to sell
22 alcoholic liquors in the buildings has been filed with
23 the commission by the Department of Natural Resources,
24 and
25 c. the alcoholic liquors are sold by the State park
26 lodge or restaurant concessionaire only during the hours
27 from 11 o'clock a.m. until 12 o'clock midnight.
28 Notwithstanding any other provision of this Act,
29 alcoholic liquor sold by the State park or restaurant
30 concessionaire is not subject to the provisions of
31 Articles IV and IX.
32 Alcoholic liquors may be sold at retail in buildings on
33 properties under the control of the Historic Preservation
34 Agency provided:
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1 a. the property has overnight lodging facilities
2 with some restaurant facilities or, not having overnight
3 lodging facilities, has restaurant facilities which serve
4 complete luncheon and dinner or supper meals,
5 b. consent to the issuance of a license to sell
6 alcoholic liquors in the buildings has been filed with
7 the commission by the Historic Preservation Agency, and
8 c. the alcoholic liquors are sold by the lodge or
9 restaurant concessionaire only during the hours from 11
10 o'clock a.m. until 12 o'clock midnight.
11 The sale of alcoholic liquors pursuant to this Section
12 does not authorize the establishment and operation of
13 facilities commonly called taverns, saloons, bars, cocktail
14 lounges, and the like except as a part of lodge and
15 restaurant facilities in State parks or golf courses owned by
16 Forest Preserve Districts with a population of less than
17 3,000,000 or municipalities or park districts.
18 Alcoholic liquors may be sold at retail in the
19 Springfield Administration Building of the Department of
20 Transportation and the Illinois State Armory in Springfield;
21 provided, that the controlling government authority may
22 consent to such sales only if
23 a. the request is from a not-for-profit
24 organization;
25 b. such sales would not impede normal operations of
26 the departments involved;
27 c. the not-for-profit organization provides dram
28 shop liability in maximum insurance coverage limits and
29 agrees to defend, save harmless and indemnify the State
30 of Illinois from all financial loss, damage or harm;
31 d. no such sale shall be made during normal working
32 hours of the State of Illinois; and
33 e. the consent is in writing.
34 Alcoholic liquors may be sold at retail in buildings in
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1 recreational areas of river conservancy districts under the
2 control of, or leased from, the river conservancy districts.
3 Such sales are subject to reasonable local regulations as
4 provided in Article IV; however, no such regulations may
5 prohibit or substantially impair the sale of alcoholic
6 liquors on Sundays or Holidays.
7 Alcoholic liquors may be provided in long term care
8 facilities owned or operated by a county under Division 5-21
9 or 5-22 of the Counties Code, when approved by the facility
10 operator and not in conflict with the regulations of the
11 Illinois Department of Public Health, to residents of the
12 facility who have had their consumption of the alcoholic
13 liquors provided approved in writing by a physician licensed
14 to practice medicine in all its branches.
15 Alcoholic liquors may be delivered to and dispensed in
16 State housing assigned to employees of the Department of
17 Corrections. No person shall furnish or allow to be furnished
18 any alcoholic liquors to any prisoner confined in any jail,
19 reformatory, prison or house of correction except upon a
20 physician's prescription for medicinal purposes.
21 Alcoholic liquors may be sold at retail or dispensed at
22 the Willard Ice Building in Springfield, at the State Library
23 in Springfield, and at Illinois State Museum facilities by
24 (1) an agency of the State, whether legislative, judicial or
25 executive, provided that such agency first obtains written
26 permission to sell or dispense alcoholic liquors from the
27 controlling government authority, or by (2) a not-for-profit
28 organization, provided that such organization:
29 a. Obtains written consent from the controlling
30 government authority;
31 b. Sells or dispenses the alcoholic liquors in a
32 manner that does not impair normal operations of State
33 offices located in the building;
34 c. Sells or dispenses alcoholic liquors only in
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1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at authorized functions.
12 The controlling government authority for the Willard Ice
13 Building in Springfield shall be the Director of the
14 Department of Revenue. The controlling government authority
15 for Illinois State Museum facilities shall be the Director of
16 the Illinois State Museum. The controlling government
17 authority for the State Library in Springfield shall be the
18 Secretary of State.
19 Alcoholic liquors may be delivered to and sold at retail
20 or dispensed at any facility, property or building under the
21 jurisdiction of the Historic Preservation Agency where the
22 delivery, sale or dispensing is by (1) an agency of the
23 State, whether legislative, judicial or executive, provided
24 that such agency first obtains written permission to sell or
25 dispense alcoholic liquors from a controlling government
26 authority, or by (2) a not-for-profit organization provided
27 that such organization:
28 a. Obtains written consent from the controlling
29 government authority;
30 b. Sells or dispenses the alcoholic liquors in a
31 manner that does not impair normal workings of State
32 offices or operations located at the facility, property
33 or building;
34 c. Sells or dispenses alcoholic liquors only in
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1 connection with an official activity of the
2 not-for-profit organization in the facility, property or
3 building;
4 d. Provides, or its catering service provides, dram
5 shop liability insurance in maximum coverage limits and
6 in which the carrier agrees to defend, save harmless and
7 indemnify the State of Illinois from all financial loss,
8 damage or harm arising out of the selling or dispensing
9 of alcoholic liquors.
10 The controlling government authority for the Historic
11 Preservation Agency shall be the Director of the Historic
12 Preservation Agency.
13 Alcoholic liquors may be sold at retail or dispensed at
14 the James R. Thompson Center in Chicago and 222 South College
15 Street in Springfield, Illinois by (1) a commercial tenant or
16 subtenant conducting business on the premises under a lease
17 made pursuant to Section 67.24 of the Civil Administrative
18 Code of Illinois, provided that such tenant or subtenant who
19 sells or dispenses alcoholic liquors shall procure and
20 maintain dram shop liability insurance in maximum coverage
21 limits and in which the carrier agrees to defend, indemnify
22 and save harmless the State of Illinois from all financial
23 loss, damage or harm arising out of the sale or dispensing of
24 alcoholic liquors, or by (2) an agency of the State, whether
25 legislative, judicial or executive, provided that such agency
26 first obtains written permission to sell or dispense
27 alcoholic liquors from the Director of Central Management
28 Services, or by (3) a not-for-profit organization, provided
29 that such organization:
30 a. Obtains written consent from the Department of
31 Central Management Services;
32 b. Sells or dispenses the alcoholic liquors in a
33 manner that does not impair normal operations of State
34 offices located in the building;
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1 c. Sells or dispenses alcoholic liquors only in
2 connection with an official activity in the building;
3 d. Provides, or its catering service provides, dram
4 shop liability insurance in maximum coverage limits and
5 in which the carrier agrees to defend, save harmless and
6 indemnify the State of Illinois from all financial loss,
7 damage or harm arising out of the selling or dispensing
8 of alcoholic liquors.
9 Nothing in this Act shall prevent a not-for-profit
10 organization or agency of the State from employing the
11 services of a catering establishment for the selling or
12 dispensing of alcoholic liquors at functions authorized by
13 the Director of Central Management Services.
14 Alcoholic liquors may be sold or delivered at any
15 facility owned by the Illinois Sports Facilities Authority
16 provided that dram shop liability insurance has been made
17 available in a form, with such coverage and in such amounts
18 as the Authority reasonably determines is necessary.
19 Alcoholic liquors may be sold at retail or dispensed at
20 the Rockford State Office Building by (1) an agency of the
21 State, whether legislative, judicial or executive, provided
22 that such agency first obtains written permission to sell or
23 dispense alcoholic liquors from the Department of Central
24 Management Services, or by (2) a not-for-profit organization,
25 provided that such organization:
26 a. Obtains written consent from the Department of
27 Central Management Services;
28 b. Sells or dispenses the alcoholic liquors in a
29 manner that does not impair normal operations of State
30 offices located in the building;
31 c. Sells or dispenses alcoholic liquors only in
32 connection with an official activity in the building;
33 d. Provides, or its catering service provides, dram
34 shop liability insurance in maximum coverage limits and
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1 in which the carrier agrees to defend, save harmless and
2 indemnify the State of Illinois from all financial loss,
3 damage or harm arising out of the selling or dispensing
4 of alcoholic liquors.
5 Nothing in this Act shall prevent a not-for-profit
6 organization or agency of the State from employing the
7 services of a catering establishment for the selling or
8 dispensing of alcoholic liquors at functions authorized by
9 the Department of Central Management Services.
10 Alcoholic liquors may be sold or delivered in a building
11 that is owned by McLean County, situated on land owned by the
12 county in the City of Bloomington, and used by the McLean
13 County Historical Society if the sale or delivery is approved
14 by an ordinance adopted by the county board, and the
15 municipality in which the building is located may not
16 prohibit that sale or delivery, notwithstanding any other
17 provision of this Section. The regulation of the sale and
18 delivery of alcoholic liquor in a building that is owned by
19 McLean County, situated on land owned by the county, and used
20 by the McLean County Historical Society as provided in this
21 paragraph is an exclusive power and function of the State and
22 is a denial and limitation under Article VII, Section 6,
23 subsection (h) of the Illinois Constitution of the power of a
24 home rule municipality to regulate that sale and delivery.
25 Alcoholic liquors may be sold or delivered in any
26 building situated on land held in trust for any school
27 district organized under Article 34 of the School Code, if
28 the building is not used for school purposes and if the sale
29 or delivery is approved by the board of education.
30 Alcoholic liquors may be sold or delivered in buildings
31 owned by the Community Building Complex Committee of Boone
32 County, Illinois if the person or facility selling or
33 dispensing the alcoholic liquor has provided dram shop
34 liability insurance with coverage and in amounts that the
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1 Committee reasonably determines are necessary.
2 Alcoholic liquors may be sold or delivered in the
3 building located at 1200 Centerville Avenue in Belleville,
4 Illinois and occupied by either the Belleville Area Special
5 Education District or the Belleville Area Special Services
6 Cooperative.
7 (Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
8 89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
9 2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
10 eff. 8-9-96; revised 8-19-96.)
11 Section 2-190. The Illinois Public Aid Code is amended
12 by changing Sections 5-5, 5-16.3, 11-9, and 14-8 as follows:
13 (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
14 Sec. 5-5. Medical services. The Illinois Department, by
15 rule, shall determine the quantity and quality of and the
16 rate of reimbursement for the medical assistance for which
17 payment will be authorized, and the medical services to be
18 provided, which may include all or part of the following: (1)
19 inpatient hospital services; (2) outpatient hospital
20 services; (3) other laboratory and X-ray services; (4)
21 skilled nursing home services; (5) physicians' services
22 whether furnished in the office, the patient's home, a
23 hospital, a skilled nursing home, or elsewhere; (6) medical
24 care, or any other type of remedial care furnished by
25 licensed practitioners; (7) home health care services; (8)
26 private duty nursing service; (9) clinic services; (10)
27 dental services; (11) physical therapy and related services;
28 (12) prescribed drugs, dentures, and prosthetic devices; and
29 eyeglasses prescribed by a physician skilled in the diseases
30 of the eye, or by an optometrist, whichever the person may
31 select; (13) other diagnostic, screening, preventive, and
32 rehabilitative services; (14) transportation and such other
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1 expenses as may be necessary; (15) medical treatment of
2 sexual assault survivors, as defined in Section 1a of the
3 Sexual Assault Survivors Emergency Treatment Act, for
4 injuries sustained as a result of the sexual assault,
5 including examinations and laboratory tests to discover
6 evidence which may be used in criminal proceedings arising
7 from the sexual assault; (16) the diagnosis and treatment of
8 sickle cell anemia; and (17) any other medical care, and any
9 other type of remedial care recognized under the laws of this
10 State, but not including abortions, or induced miscarriages
11 or premature births, unless, in the opinion of a physician,
12 such procedures are necessary for the preservation of the
13 life of the woman seeking such treatment, or except an
14 induced premature birth intended to produce a live viable
15 child and such procedure is necessary for the health of the
16 mother or her unborn child. The Illinois Department, by rule,
17 shall prohibit any physician from providing medical
18 assistance to anyone eligible therefor under this Code where
19 such physician has been found guilty of performing an
20 abortion procedure in a wilful and wanton manner upon a woman
21 who was not pregnant at the time such abortion procedure was
22 performed. The term "any other type of remedial care" shall
23 include nursing care and nursing home service for persons who
24 rely on treatment by spiritual means alone through prayer for
25 healing.
26 The Illinois Department of Public Aid shall provide the
27 following services to persons eligible for assistance under
28 this Article who are participating in education, training or
29 employment programs operated by the Department of Human
30 Services as successor to the Department of Public Aid:
31 (1) dental services, which shall include but not be
32 limited to prosthodontics; and
33 (2) eyeglasses prescribed by a physician skilled in
34 the diseases of the eye, or by an optometrist, whichever
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1 the person may select.
2 The Illinois Department, by rule, may distinguish and
3 classify the medical services to be provided only in
4 accordance with the classes of persons designated in Section
5 5-2.
6 The Illinois Department shall authorize the provision of,
7 and shall authorize payment for, screening by low-dose
8 mammography for the presence of occult breast cancer for
9 women 35 years of age or older who are eligible for medical
10 assistance under this Article, as follows: a baseline
11 mammogram for women 35 to 39 years of age; a mammogram every
12 1 to 2 years, even if no symptoms are present, for women 40
13 to 49 years of age; and an annual mammogram for women 50
14 years of age or older. All screenings shall include a
15 physical breast exam, instruction on self-examination and
16 information regarding the frequency of self-examination and
17 its value as a preventative tool. As used in this Section,
18 "low-dose mammography" means the x-ray examination of the
19 breast using equipment dedicated specifically for
20 mammography, including the x-ray tube, filter, compression
21 device, image receptor, and cassettes, with an average
22 radiation exposure delivery of less than one rad mid-breast,
23 with 2 views for each breast.
24 Any medical or health care provider shall immediately
25 recommend, to any pregnant woman who is being provided
26 prenatal services and is suspected of drug abuse or is
27 addicted as defined in the Alcoholism and Other Drug Abuse
28 and Dependency Act, referral to a local substance abuse
29 treatment provider licensed by the Department of Human
30 Services or to a licensed hospital which provides substance
31 abuse treatment services. The Department of Public Aid shall
32 assure coverage for the cost of treatment of the drug abuse
33 or addiction for pregnant recipients in accordance with the
34 Illinois Medicaid Program in conjunction with the Department
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1 of Human Services.
2 All medical providers providing medical assistance to
3 pregnant women under this Code shall receive information from
4 the Department on the availability of services under the Drug
5 Free Families with a Future or any comparable program
6 providing case management services for addicted women,
7 including information on appropriate referrals for other
8 social services that may be needed by addicted women in
9 addition to treatment for addiction.
10 The Illinois Department, in cooperation with the
11 Departments of Human Services (as successor to the Department
12 of Alcoholism and Substance Abuse) and Public Health, through
13 a public awareness campaign, may provide information
14 concerning treatment for alcoholism and drug abuse and
15 addiction, prenatal health care, and other pertinent programs
16 directed at reducing the number of drug-affected infants born
17 to recipients of medical assistance.
18 Neither the Illinois Department of Public Aid nor the
19 Department of Human Services shall sanction the recipient
20 solely on the basis of her substance abuse.
21 The Illinois Department shall establish such regulations
22 governing the dispensing of health services under this
23 Article as it shall deem appropriate. In formulating these
24 regulations the Illinois Department shall consult with and
25 give substantial weight to the recommendations offered by the
26 Citizens Assembly/Council on Public Aid. The Department
27 should seek the advice of formal professional advisory
28 committees appointed by the Director of the Illinois
29 Department for the purpose of providing regular advice on
30 policy and administrative matters, information dissemination
31 and educational activities for medical and health care
32 providers, and consistency in procedures to the Illinois
33 Department.
34 The Illinois Department may develop and contract with
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1 Partnerships of medical providers to arrange medical services
2 for persons eligible under Section 5-2 of this Code.
3 Implementation of this Section may be by demonstration
4 projects in certain geographic areas. The Partnership shall
5 be represented by a sponsor organization. The Department, by
6 rule, shall develop qualifications for sponsors of
7 Partnerships. Nothing in this Section shall be construed to
8 require that the sponsor organization be a medical
9 organization.
10 The sponsor must negotiate formal written contracts with
11 medical providers for physician services, inpatient and
12 outpatient hospital care, home health services, treatment for
13 alcoholism and substance abuse, and other services determined
14 necessary by the Illinois Department by rule for delivery by
15 Partnerships. Physician services must include prenatal and
16 obstetrical care. The Illinois Department shall reimburse
17 medical services delivered by Partnership providers to
18 clients in target areas according to provisions of this
19 Article and the Illinois Health Finance Reform Act, except
20 that:
21 (1) Physicians participating in a Partnership and
22 providing certain services, which shall be determined by
23 the Illinois Department, to persons in areas covered by
24 the Partnership may receive an additional surcharge for
25 such services.
26 (2) The Department may elect to consider and
27 negotiate financial incentives to encourage the
28 development of Partnerships and the efficient delivery of
29 medical care.
30 (3) Persons receiving medical services through
31 Partnerships may receive medical and case management
32 services above the level usually offered through the
33 medical assistance program.
34 Medical providers shall be required to meet certain
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1 qualifications to participate in Partnerships to ensure the
2 delivery of high quality medical services. These
3 qualifications shall be determined by rule of the Illinois
4 Department and may be higher than qualifications for
5 participation in the medical assistance program. Partnership
6 sponsors may prescribe reasonable additional qualifications
7 for participation by medical providers, only with the prior
8 written approval of the Illinois Department.
9 Nothing in this Section shall limit the free choice of
10 practitioners, hospitals, and other providers of medical
11 services by clients.
12 The Department shall apply for a waiver from the United
13 States Health Care Financing Administration to allow for the
14 implementation of Partnerships under this Section.
15 The Illinois Department shall require health care
16 providers to maintain records that document the medical care
17 and services provided to recipients of Medical Assistance
18 under this Article. The Illinois Department shall require
19 health care providers to make available, when authorized by
20 the patient, in writing, the medical records in a timely
21 fashion to other health care providers who are treating or
22 serving persons eligible for Medical Assistance under this
23 Article. All dispensers of medical services shall be
24 required to maintain and retain business and professional
25 records sufficient to fully and accurately document the
26 nature, scope, details and receipt of the health care
27 provided to persons eligible for medical assistance under
28 this Code, in accordance with regulations promulgated by the
29 Illinois Department. The rules and regulations shall require
30 that proof of the receipt of prescription drugs, dentures,
31 prosthetic devices and eyeglasses by eligible persons under
32 this Section accompany each claim for reimbursement submitted
33 by the dispenser of such medical services. No such claims for
34 reimbursement shall be approved for payment by the Illinois
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1 Department without such proof of receipt, unless the Illinois
2 Department shall have put into effect and shall be operating
3 a system of post-payment audit and review which shall, on a
4 sampling basis, be deemed adequate by the Illinois Department
5 to assure that such drugs, dentures, prosthetic devices and
6 eyeglasses for which payment is being made are actually being
7 received by eligible recipients. Within 90 days after the
8 effective date of this amendatory Act of 1984, the Illinois
9 Department shall establish a current list of acquisition
10 costs for all prosthetic devices and any other items
11 recognized as medical equipment and supplies reimbursable
12 under this Article and shall update such list on a quarterly
13 basis, except that the acquisition costs of all prescription
14 drugs shall be updated no less frequently than every 30 days
15 as required by Section 5-5.12.
16 The rules and regulations of the Illinois Department
17 shall require that a written statement including the required
18 opinion of a physician shall accompany any claim for
19 reimbursement for abortions, or induced miscarriages or
20 premature births. This statement shall indicate what
21 procedures were used in providing such medical services.
22 The Illinois Department shall require that all dispensers
23 of medical services, other than an individual practitioner or
24 group of practitioners, desiring to participate in the
25 Medical Assistance program established under this Article to
26 disclose all financial, beneficial, ownership, equity, surety
27 or other interests in any and all firms, corporations,
28 partnerships, associations, business enterprises, joint
29 ventures, agencies, institutions or other legal entities
30 providing any form of health care services in this State
31 under this Article.
32 The Illinois Department may require that all dispensers
33 of medical services desiring to participate in the medical
34 assistance program established under this Article disclose,
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1 under such terms and conditions as the Illinois Department
2 may by rule establish, all inquiries from clients and
3 attorneys regarding medical bills paid by the Illinois
4 Department, which inquiries could indicate potential
5 existence of claims or liens for the Illinois Department.
6 The Illinois Department shall establish policies,
7 procedures, standards and criteria by rule for the
8 acquisition, repair and replacement of orthotic and
9 prosthetic devices and durable medical equipment. Such rules
10 shall provide, but not be limited to, the following services:
11 (1) immediate repair or replacement of such devices by
12 recipients without medical authorization; and (2) rental,
13 lease, purchase or lease-purchase of durable medical
14 equipment in a cost-effective manner, taking into
15 consideration the recipient's medical prognosis, the extent
16 of the recipient's needs, and the requirements and costs for
17 maintaining such equipment. Such rules shall enable a
18 recipient to temporarily acquire and use alternative or
19 substitute devices or equipment pending repairs or
20 replacements of any device or equipment previously authorized
21 for such recipient by the Department. Rules under clause (2)
22 above shall not provide for purchase or lease-purchase of
23 durable medical equipment or supplies used for the purpose of
24 oxygen delivery and respiratory care.
25 The Department shall execute, relative to the nursing
26 home prescreening project, written inter-agency agreements
27 with the Department of Human Services and the Department on
28 Aging, to effect the following: (i) intake procedures and
29 common eligibility criteria for those persons who are
30 receiving non-institutional services; and (ii) the
31 establishment and development of non-institutional services
32 in areas of the State where they are not currently available
33 or are undeveloped.
34 The Illinois Department shall develop and operate, in
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1 cooperation with other State Departments and agencies and in
2 compliance with applicable federal laws and regulations,
3 appropriate and effective systems of health care evaluation
4 and programs for monitoring of utilization of health care
5 services and facilities, as it affects persons eligible for
6 medical assistance under this Code. The Illinois Department
7 shall report regularly the results of the operation of such
8 systems and programs to the Citizens Assembly/Council on
9 Public Aid to enable the Committee to ensure, from time to
10 time, that these programs are effective and meaningful.
11 The Illinois Department shall report annually to the
12 General Assembly, no later than the second Friday in April of
13 1979 and each year thereafter, in regard to:
14 (a) actual statistics and trends in utilization of
15 medical services by public aid recipients;
16 (b) actual statistics and trends in the provision
17 of the various medical services by medical vendors;
18 (c) current rate structures and proposed changes in
19 those rate structures for the various medical vendors;
20 and
21 (d) efforts at utilization review and control by
22 the Illinois Department.
23 The period covered by each report shall be the 3 years
24 ending on the June 30 prior to the report. The report shall
25 include suggested legislation for consideration by the
26 General Assembly. The filing of one copy of the report with
27 the Speaker, one copy with the Minority Leader and one copy
28 with the Clerk of the House of Representatives, one copy with
29 the President, one copy with the Minority Leader and one copy
30 with the Secretary of the Senate, one copy with the
31 Legislative Research Unit, such additional copies with the
32 State Government Report Distribution Center for the General
33 Assembly as is required under paragraph (t) of Section 7 of
34 the State Library Act and one copy with the Citizens
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1 Assembly/Council on Public Aid or its successor shall be
2 deemed sufficient to comply with this Section.
3 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 7-1-95;
4 89-507, eff. 7-1-97; 89-517, eff. 1-1-97; revised 8-26-96.)
5 (305 ILCS 5/5-16.3)
6 Sec. 5-16.3. System for integrated health care services.
7 (a) It shall be the public policy of the State to adopt,
8 to the extent practicable, a health care program that
9 encourages the integration of health care services and
10 manages the health care of program enrollees while preserving
11 reasonable choice within a competitive and cost-efficient
12 environment. In furtherance of this public policy, the
13 Illinois Department shall develop and implement an integrated
14 health care program consistent with the provisions of this
15 Section. The provisions of this Section apply only to the
16 integrated health care program created under this Section.
17 Persons enrolled in the integrated health care program, as
18 determined by the Illinois Department by rule, shall be
19 afforded a choice among health care delivery systems, which
20 shall include, but are not limited to, (i) fee for service
21 care managed by a primary care physician licensed to practice
22 medicine in all its branches, (ii) managed health care
23 entities, and (iii) federally qualified health centers
24 (reimbursed according to a prospective cost-reimbursement
25 methodology) and rural health clinics (reimbursed according
26 to the Medicare methodology), where available. Persons
27 enrolled in the integrated health care program also may be
28 offered indemnity insurance plans, subject to availability.
29 For purposes of this Section, a "managed health care
30 entity" means a health maintenance organization or a managed
31 care community network as defined in this Section. A "health
32 maintenance organization" means a health maintenance
33 organization as defined in the Health Maintenance
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1 Organization Act. A "managed care community network" means
2 an entity, other than a health maintenance organization, that
3 is owned, operated, or governed by providers of health care
4 services within this State and that provides or arranges
5 primary, secondary, and tertiary managed health care services
6 under contract with the Illinois Department exclusively to
7 enrollees of the integrated health care program. A managed
8 care community network may contract with the Illinois
9 Department to provide only pediatric health care services. A
10 county provider as defined in Section 15-1 of this Code may
11 contract with the Illinois Department to provide services to
12 enrollees of the integrated health care program as a managed
13 care community network without the need to establish a
14 separate entity that provides services exclusively to
15 enrollees of the integrated health care program and shall be
16 deemed a managed care community network for purposes of this
17 Code only to the extent of the provision of services to those
18 enrollees in conjunction with the integrated health care
19 program. A county provider shall be entitled to contract
20 with the Illinois Department with respect to any contracting
21 region located in whole or in part within the county. A
22 county provider shall not be required to accept enrollees who
23 do not reside within the county.
24 Each managed care community network must demonstrate its
25 ability to bear the financial risk of serving enrollees under
26 this program. The Illinois Department shall by rule adopt
27 criteria for assessing the financial soundness of each
28 managed care community network. These rules shall consider
29 the extent to which a managed care community network is
30 comprised of providers who directly render health care and
31 are located within the community in which they seek to
32 contract rather than solely arrange or finance the delivery
33 of health care. These rules shall further consider a variety
34 of risk-bearing and management techniques, including the
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1 sufficiency of quality assurance and utilization management
2 programs and whether a managed care community network has
3 sufficiently demonstrated its financial solvency and net
4 worth. The Illinois Department's criteria must be based on
5 sound actuarial, financial, and accounting principles. In
6 adopting these rules, the Illinois Department shall consult
7 with the Illinois Department of Insurance. The Illinois
8 Department is responsible for monitoring compliance with
9 these rules.
10 This Section may not be implemented before the effective
11 date of these rules, the approval of any necessary federal
12 waivers, and the completion of the review of an application
13 submitted, at least 60 days before the effective date of
14 rules adopted under this Section, to the Illinois Department
15 by a managed care community network.
16 All health care delivery systems that contract with the
17 Illinois Department under the integrated health care program
18 shall clearly recognize a health care provider's right of
19 conscience under the Right of Conscience Act. In addition to
20 the provisions of that Act, no health care delivery system
21 that contracts with the Illinois Department under the
22 integrated health care program shall be required to provide,
23 arrange for, or pay for any health care or medical service,
24 procedure, or product if that health care delivery system is
25 owned, controlled, or sponsored by or affiliated with a
26 religious institution or religious organization that finds
27 that health care or medical service, procedure, or product to
28 violate its religious and moral teachings and beliefs.
29 (b) The Illinois Department may, by rule, provide for
30 different benefit packages for different categories of
31 persons enrolled in the program. Mental health services,
32 alcohol and substance abuse services, services related to
33 children with chronic or acute conditions requiring
34 longer-term treatment and follow-up, and rehabilitation care
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1 provided by a free-standing rehabilitation hospital or a
2 hospital rehabilitation unit may be excluded from a benefit
3 package if the State ensures that those services are made
4 available through a separate delivery system. An exclusion
5 does not prohibit the Illinois Department from developing and
6 implementing demonstration projects for categories of persons
7 or services. Benefit packages for persons eligible for
8 medical assistance under Articles V, VI, and XII shall be
9 based on the requirements of those Articles and shall be
10 consistent with the Title XIX of the Social Security Act.
11 Nothing in this Act shall be construed to apply to services
12 purchased by the Department of Children and Family Services
13 and the Department of Human Services (as successor to the
14 Department of Mental Health and Developmental Disabilities)
15 under the provisions of Title 59 of the Illinois
16 Administrative Code, Part 132 ("Medicaid Community Mental
17 Health Services Program").
18 (c) The program established by this Section may be
19 implemented by the Illinois Department in various contracting
20 areas at various times. The health care delivery systems and
21 providers available under the program may vary throughout the
22 State. For purposes of contracting with managed health care
23 entities and providers, the Illinois Department shall
24 establish contracting areas similar to the geographic areas
25 designated by the Illinois Department for contracting
26 purposes under the Illinois Competitive Access and
27 Reimbursement Equity Program (ICARE) under the authority of
28 Section 3-4 of the Illinois Health Finance Reform Act or
29 similarly-sized or smaller geographic areas established by
30 the Illinois Department by rule. A managed health care entity
31 shall be permitted to contract in any geographic areas for
32 which it has a sufficient provider network and otherwise
33 meets the contracting terms of the State. The Illinois
34 Department is not prohibited from entering into a contract
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1 with a managed health care entity at any time.
2 (d) A managed health care entity that contracts with the
3 Illinois Department for the provision of services under the
4 program shall do all of the following, solely for purposes of
5 the integrated health care program:
6 (1) Provide that any individual physician licensed
7 to practice medicine in all its branches, any pharmacy,
8 any federally qualified health center, and any
9 podiatrist, that consistently meets the reasonable terms
10 and conditions established by the managed health care
11 entity, including but not limited to credentialing
12 standards, quality assurance program requirements,
13 utilization management requirements, financial
14 responsibility standards, contracting process
15 requirements, and provider network size and accessibility
16 requirements, must be accepted by the managed health care
17 entity for purposes of the Illinois integrated health
18 care program. Any individual who is either terminated
19 from or denied inclusion in the panel of physicians of
20 the managed health care entity shall be given, within 10
21 business days after that determination, a written
22 explanation of the reasons for his or her exclusion or
23 termination from the panel. This paragraph (1) does not
24 apply to the following:
25 (A) A managed health care entity that
26 certifies to the Illinois Department that:
27 (i) it employs on a full-time basis 125
28 or more Illinois physicians licensed to
29 practice medicine in all of its branches; and
30 (ii) it will provide medical services
31 through its employees to more than 80% of the
32 recipients enrolled with the entity in the
33 integrated health care program; or
34 (B) A domestic stock insurance company
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1 licensed under clause (b) of class 1 of Section 4 of
2 the Illinois Insurance Code if (i) at least 66% of
3 the stock of the insurance company is owned by a
4 professional corporation organized under the
5 Professional Service Corporation Act that has 125 or
6 more shareholders who are Illinois physicians
7 licensed to practice medicine in all of its branches
8 and (ii) the insurance company certifies to the
9 Illinois Department that at least 80% of those
10 physician shareholders will provide services to
11 recipients enrolled with the company in the
12 integrated health care program.
13 (2) Provide for reimbursement for providers for
14 emergency care, as defined by the Illinois Department by
15 rule, that must be provided to its enrollees, including
16 an emergency room screening fee, and urgent care that it
17 authorizes for its enrollees, regardless of the
18 provider's affiliation with the managed health care
19 entity. Providers shall be reimbursed for emergency care
20 at an amount equal to the Illinois Department's
21 fee-for-service rates for those medical services rendered
22 by providers not under contract with the managed health
23 care entity to enrollees of the entity.
24 (3) Provide that any provider affiliated with a
25 managed health care entity may also provide services on a
26 fee-for-service basis to Illinois Department clients not
27 enrolled in a managed health care entity.
28 (4) Provide client education services as determined
29 and approved by the Illinois Department, including but
30 not limited to (i) education regarding appropriate
31 utilization of health care services in a managed care
32 system, (ii) written disclosure of treatment policies and
33 any restrictions or limitations on health services,
34 including, but not limited to, physical services,
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1 clinical laboratory tests, hospital and surgical
2 procedures, prescription drugs and biologics, and
3 radiological examinations, and (iii) written notice that
4 the enrollee may receive from another provider those
5 services covered under this program that are not provided
6 by the managed health care entity.
7 (5) Provide that enrollees within its system may
8 choose the site for provision of services and the panel
9 of health care providers.
10 (6) Not discriminate in its enrollment or
11 disenrollment practices among recipients of medical
12 services or program enrollees based on health status.
13 (7) Provide a quality assurance and utilization
14 review program that (i) for health maintenance
15 organizations meets the requirements of the Health
16 Maintenance Organization Act and (ii) for managed care
17 community networks meets the requirements established by
18 the Illinois Department in rules that incorporate those
19 standards set forth in the Health Maintenance
20 Organization Act.
21 (8) Issue a managed health care entity
22 identification card to each enrollee upon enrollment.
23 The card must contain all of the following:
24 (A) The enrollee's signature.
25 (B) The enrollee's health plan.
26 (C) The name and telephone number of the
27 enrollee's primary care physician.
28 (D) A telephone number to be used for
29 emergency service 24 hours per day, 7 days per week.
30 The telephone number required to be maintained
31 pursuant to this subparagraph by each managed health
32 care entity shall, at minimum, be staffed by
33 medically trained personnel and be provided
34 directly, or under arrangement, at an office or
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1 offices in locations maintained solely within the
2 State of Illinois. For purposes of this
3 subparagraph, "medically trained personnel" means
4 licensed practical nurses or registered nurses
5 located in the State of Illinois who are licensed
6 pursuant to the Illinois Nursing Act of 1987.
7 (9) Ensure that every primary care physician and
8 pharmacy in the managed health care entity meets the
9 standards established by the Illinois Department for
10 accessibility and quality of care. The Illinois
11 Department shall arrange for and oversee an evaluation of
12 the standards established under this paragraph (9) and
13 may recommend any necessary changes to these standards.
14 The Illinois Department shall submit an annual report to
15 the Governor and the General Assembly by April 1 of each
16 year regarding the effect of the standards on ensuring
17 access and quality of care to enrollees.
18 (10) Provide a procedure for handling complaints
19 that (i) for health maintenance organizations meets the
20 requirements of the Health Maintenance Organization Act
21 and (ii) for managed care community networks meets the
22 requirements established by the Illinois Department in
23 rules that incorporate those standards set forth in the
24 Health Maintenance Organization Act.
25 (11) Maintain, retain, and make available to the
26 Illinois Department records, data, and information, in a
27 uniform manner determined by the Illinois Department,
28 sufficient for the Illinois Department to monitor
29 utilization, accessibility, and quality of care.
30 (12) Except for providers who are prepaid, pay all
31 approved claims for covered services that are completed
32 and submitted to the managed health care entity within 30
33 days after receipt of the claim or receipt of the
34 appropriate capitation payment or payments by the managed
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1 health care entity from the State for the month in which
2 the services included on the claim were rendered,
3 whichever is later. If payment is not made or mailed to
4 the provider by the managed health care entity by the due
5 date under this subsection, an interest penalty of 1% of
6 any amount unpaid shall be added for each month or
7 fraction of a month after the due date, until final
8 payment is made. Nothing in this Section shall prohibit
9 managed health care entities and providers from mutually
10 agreeing to terms that require more timely payment.
11 (13) Provide integration with community-based
12 programs provided by certified local health departments
13 such as Women, Infants, and Children Supplemental Food
14 Program (WIC), childhood immunization programs, health
15 education programs, case management programs, and health
16 screening programs.
17 (14) Provide that the pharmacy formulary used by a
18 managed health care entity and its contract providers be
19 no more restrictive than the Illinois Department's
20 pharmaceutical program on the effective date of this
21 amendatory Act of 1994 and as amended after that date.
22 (15) Provide integration with community-based
23 organizations, including, but not limited to, any
24 organization that has operated within a Medicaid
25 Partnership as defined by this Code or by rule of the
26 Illinois Department, that may continue to operate under a
27 contract with the Illinois Department or a managed health
28 care entity under this Section to provide case management
29 services to Medicaid clients in designated high-need
30 areas.
31 The Illinois Department may, by rule, determine
32 methodologies to limit financial liability for managed health
33 care entities resulting from payment for services to
34 enrollees provided under the Illinois Department's integrated
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1 health care program. Any methodology so determined may be
2 considered or implemented by the Illinois Department through
3 a contract with a managed health care entity under this
4 integrated health care program.
5 The Illinois Department shall contract with an entity or
6 entities to provide external peer-based quality assurance
7 review for the integrated health care program. The entity
8 shall be representative of Illinois physicians licensed to
9 practice medicine in all its branches and have statewide
10 geographic representation in all specialties of medical care
11 that are provided within the integrated health care program.
12 The entity may not be a third party payer and shall maintain
13 offices in locations around the State in order to provide
14 service and continuing medical education to physician
15 participants within the integrated health care program. The
16 review process shall be developed and conducted by Illinois
17 physicians licensed to practice medicine in all its branches.
18 In consultation with the entity, the Illinois Department may
19 contract with other entities for professional peer-based
20 quality assurance review of individual categories of services
21 other than services provided, supervised, or coordinated by
22 physicians licensed to practice medicine in all its branches.
23 The Illinois Department shall establish, by rule, criteria to
24 avoid conflicts of interest in the conduct of quality
25 assurance activities consistent with professional peer-review
26 standards. All quality assurance activities shall be
27 coordinated by the Illinois Department.
28 (e) All persons enrolled in the program shall be
29 provided with a full written explanation of all
30 fee-for-service and managed health care plan options and a
31 reasonable opportunity to choose among the options as
32 provided by rule. The Illinois Department shall provide to
33 enrollees, upon enrollment in the integrated health care
34 program and at least annually thereafter, notice of the
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1 process for requesting an appeal under the Illinois
2 Department's administrative appeal procedures.
3 Notwithstanding any other Section of this Code, the Illinois
4 Department may provide by rule for the Illinois Department to
5 assign a person enrolled in the program to a specific
6 provider of medical services or to a specific health care
7 delivery system if an enrollee has failed to exercise choice
8 in a timely manner. An enrollee assigned by the Illinois
9 Department shall be afforded the opportunity to disenroll and
10 to select a specific provider of medical services or a
11 specific health care delivery system within the first 30 days
12 after the assignment. An enrollee who has failed to exercise
13 choice in a timely manner may be assigned only if there are 3
14 or more managed health care entities contracting with the
15 Illinois Department within the contracting area, except that,
16 outside the City of Chicago, this requirement may be waived
17 for an area by rules adopted by the Illinois Department after
18 consultation with all hospitals within the contracting area.
19 The Illinois Department shall establish by rule the procedure
20 for random assignment of enrollees who fail to exercise
21 choice in a timely manner to a specific managed health care
22 entity in proportion to the available capacity of that
23 managed health care entity. Assignment to a specific provider
24 of medical services or to a specific managed health care
25 entity may not exceed that provider's or entity's capacity as
26 determined by the Illinois Department. Any person who has
27 chosen a specific provider of medical services or a specific
28 managed health care entity, or any person who has been
29 assigned under this subsection, shall be given the
30 opportunity to change that choice or assignment at least once
31 every 12 months, as determined by the Illinois Department by
32 rule. The Illinois Department shall maintain a toll-free
33 telephone number for program enrollees' use in reporting
34 problems with managed health care entities.
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1 (f) If a person becomes eligible for participation in
2 the integrated health care program while he or she is
3 hospitalized, the Illinois Department may not enroll that
4 person in the program until after he or she has been
5 discharged from the hospital. This subsection does not apply
6 to newborn infants whose mothers are enrolled in the
7 integrated health care program.
8 (g) The Illinois Department shall, by rule, establish
9 for managed health care entities rates that (i) are certified
10 to be actuarially sound, as determined by an actuary who is
11 an associate or a fellow of the Society of Actuaries or a
12 member of the American Academy of Actuaries and who has
13 expertise and experience in medical insurance and benefit
14 programs, in accordance with the Illinois Department's
15 current fee-for-service payment system, and (ii) take into
16 account any difference of cost to provide health care to
17 different populations based on gender, age, location, and
18 eligibility category. The rates for managed health care
19 entities shall be determined on a capitated basis.
20 The Illinois Department by rule shall establish a method
21 to adjust its payments to managed health care entities in a
22 manner intended to avoid providing any financial incentive to
23 a managed health care entity to refer patients to a county
24 provider, in an Illinois county having a population greater
25 than 3,000,000, that is paid directly by the Illinois
26 Department. The Illinois Department shall by April 1, 1997,
27 and annually thereafter, review the method to adjust
28 payments. Payments by the Illinois Department to the county
29 provider, for persons not enrolled in a managed care
30 community network owned or operated by a county provider,
31 shall be paid on a fee-for-service basis under Article XV of
32 this Code.
33 The Illinois Department by rule shall establish a method
34 to reduce its payments to managed health care entities to
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1 take into consideration (i) any adjustment payments paid to
2 hospitals under subsection (h) of this Section to the extent
3 those payments, or any part of those payments, have been
4 taken into account in establishing capitated rates under this
5 subsection (g) and (ii) the implementation of methodologies
6 to limit financial liability for managed health care entities
7 under subsection (d) of this Section.
8 (h) For hospital services provided by a hospital that
9 contracts with a managed health care entity, adjustment
10 payments shall be paid directly to the hospital by the
11 Illinois Department. Adjustment payments may include but
12 need not be limited to adjustment payments to:
13 disproportionate share hospitals under Section 5-5.02 of this
14 Code; primary care access health care education payments (89
15 Ill. Adm. Code 149.140); payments for capital, direct medical
16 education, indirect medical education, certified registered
17 nurse anesthetist, and kidney acquisition costs (89 Ill. Adm.
18 Code 149.150(c)); uncompensated care payments (89 Ill. Adm.
19 Code 148.150(h)); trauma center payments (89 Ill. Adm. Code
20 148.290(c)); rehabilitation hospital payments (89 Ill. Adm.
21 Code 148.290(d)); perinatal center payments (89 Ill. Adm.
22 Code 148.290(e)); obstetrical care payments (89 Ill. Adm.
23 Code 148.290(f)); targeted access payments (89 Ill. Adm. Code
24 148.290(g)); Medicaid high volume payments (89 Ill. Adm. Code
25 148.290(h)); and outpatient indigent volume adjustments (89
26 Ill. Adm. Code 148.140(b)(5)).
27 (i) For any hospital eligible for the adjustment
28 payments described in subsection (h), the Illinois Department
29 shall maintain, through the period ending June 30, 1995,
30 reimbursement levels in accordance with statutes and rules in
31 effect on April 1, 1994.
32 (j) Nothing contained in this Code in any way limits or
33 otherwise impairs the authority or power of the Illinois
34 Department to enter into a negotiated contract pursuant to
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1 this Section with a managed health care entity, including,
2 but not limited to, a health maintenance organization, that
3 provides for termination or nonrenewal of the contract
4 without cause upon notice as provided in the contract and
5 without a hearing.
6 (k) Section 5-5.15 does not apply to the program
7 developed and implemented pursuant to this Section.
8 (l) The Illinois Department shall, by rule, define those
9 chronic or acute medical conditions of childhood that require
10 longer-term treatment and follow-up care. The Illinois
11 Department shall ensure that services required to treat these
12 conditions are available through a separate delivery system.
13 A managed health care entity that contracts with the
14 Illinois Department may refer a child with medical conditions
15 described in the rules adopted under this subsection directly
16 to a children's hospital or to a hospital, other than a
17 children's hospital, that is qualified to provide inpatient
18 and outpatient services to treat those conditions. The
19 Illinois Department shall provide fee-for-service
20 reimbursement directly to a children's hospital for those
21 services pursuant to Title 89 of the Illinois Administrative
22 Code, Section 148.280(a), at a rate at least equal to the
23 rate in effect on March 31, 1994. For hospitals, other than
24 children's hospitals, that are qualified to provide inpatient
25 and outpatient services to treat those conditions, the
26 Illinois Department shall provide reimbursement for those
27 services on a fee-for-service basis, at a rate at least equal
28 to the rate in effect for those other hospitals on March 31,
29 1994.
30 A children's hospital shall be directly reimbursed for
31 all services provided at the children's hospital on a
32 fee-for-service basis pursuant to Title 89 of the Illinois
33 Administrative Code, Section 148.280(a), at a rate at least
34 equal to the rate in effect on March 31, 1994, until the
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1 later of (i) implementation of the integrated health care
2 program under this Section and development of actuarially
3 sound capitation rates for services other than those chronic
4 or acute medical conditions of childhood that require
5 longer-term treatment and follow-up care as defined by the
6 Illinois Department in the rules adopted under this
7 subsection or (ii) March 31, 1996.
8 Notwithstanding anything in this subsection to the
9 contrary, a managed health care entity shall not consider
10 sources or methods of payment in determining the referral of
11 a child. The Illinois Department shall adopt rules to
12 establish criteria for those referrals. The Illinois
13 Department by rule shall establish a method to adjust its
14 payments to managed health care entities in a manner intended
15 to avoid providing any financial incentive to a managed
16 health care entity to refer patients to a provider who is
17 paid directly by the Illinois Department.
18 (m) Behavioral health services provided or funded by the
19 Department of Human Services, the Department of Children and
20 Family Services, and the Illinois Department shall be
21 excluded from a benefit package. Conditions of an organic or
22 physical origin or nature, including medical detoxification,
23 however, may not be excluded. In this subsection,
24 "behavioral health services" means mental health services and
25 subacute alcohol and substance abuse treatment services, as
26 defined in the Illinois Alcoholism and Other Drug Dependency
27 Act. In this subsection, "mental health services" includes,
28 at a minimum, the following services funded by the Illinois
29 Department, the Department of Human Services (as successor to
30 the Department of Mental Health and Developmental
31 Disabilities), or the Department of Children and Family
32 Services: (i) inpatient hospital services, including related
33 physician services, related psychiatric interventions, and
34 pharmaceutical services provided to an eligible recipient
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1 hospitalized with a primary diagnosis of psychiatric
2 disorder; (ii) outpatient mental health services as defined
3 and specified in Title 59 of the Illinois Administrative
4 Code, Part 132; (iii) any other outpatient mental health
5 services funded by the Illinois Department pursuant to the
6 State of Illinois Medicaid Plan; (iv) partial
7 hospitalization; and (v) follow-up stabilization related to
8 any of those services. Additional behavioral health services
9 may be excluded under this subsection as mutually agreed in
10 writing by the Illinois Department and the affected State
11 agency or agencies. The exclusion of any service does not
12 prohibit the Illinois Department from developing and
13 implementing demonstration projects for categories of persons
14 or services. The Department of Children and Family Services
15 and the Department of Human Services shall each adopt rules
16 governing the integration of managed care in the provision of
17 behavioral health services. The State shall integrate managed
18 care community networks and affiliated providers, to the
19 extent practicable, in any separate delivery system for
20 mental health services.
21 (n) The Illinois Department shall adopt rules to
22 establish reserve requirements for managed care community
23 networks, as required by subsection (a), and health
24 maintenance organizations to protect against liabilities in
25 the event that a managed health care entity is declared
26 insolvent or bankrupt. If a managed health care entity other
27 than a county provider is declared insolvent or bankrupt,
28 after liquidation and application of any available assets,
29 resources, and reserves, the Illinois Department shall pay a
30 portion of the amounts owed by the managed health care entity
31 to providers for services rendered to enrollees under the
32 integrated health care program under this Section based on
33 the following schedule: (i) from April 1, 1995 through June
34 30, 1998, 90% of the amounts owed; (ii) from July 1, 1998
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1 through June 30, 2001, 80% of the amounts owed; and (iii)
2 from July 1, 2001 through June 30, 2005, 75% of the amounts
3 owed. The amounts paid under this subsection shall be
4 calculated based on the total amount owed by the managed
5 health care entity to providers before application of any
6 available assets, resources, and reserves. After June 30,
7 2005, the Illinois Department may not pay any amounts owed to
8 providers as a result of an insolvency or bankruptcy of a
9 managed health care entity occurring after that date. The
10 Illinois Department is not obligated, however, to pay amounts
11 owed to a provider that has an ownership or other governing
12 interest in the managed health care entity. This subsection
13 applies only to managed health care entities and the services
14 they provide under the integrated health care program under
15 this Section.
16 (o) Notwithstanding any other provision of law or
17 contractual agreement to the contrary, providers shall not be
18 required to accept from any other third party payer the rates
19 determined or paid under this Code by the Illinois
20 Department, managed health care entity, or other health care
21 delivery system for services provided to recipients.
22 (p) The Illinois Department may seek and obtain any
23 necessary authorization provided under federal law to
24 implement the program, including the waiver of any federal
25 statutes or regulations. The Illinois Department may seek a
26 waiver of the federal requirement that the combined
27 membership of Medicare and Medicaid enrollees in a managed
28 care community network may not exceed 75% of the managed care
29 community network's total enrollment. The Illinois
30 Department shall not seek a waiver of this requirement for
31 any other category of managed health care entity. The
32 Illinois Department shall not seek a waiver of the inpatient
33 hospital reimbursement methodology in Section 1902(a)(13)(A)
34 of Title XIX of the Social Security Act even if the federal
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1 agency responsible for administering Title XIX determines
2 that Section 1902(a)(13)(A) applies to managed health care
3 systems.
4 Notwithstanding any other provisions of this Code to the
5 contrary, the Illinois Department shall seek a waiver of
6 applicable federal law in order to impose a co-payment system
7 consistent with this subsection on recipients of medical
8 services under Title XIX of the Social Security Act who are
9 not enrolled in a managed health care entity. The waiver
10 request submitted by the Illinois Department shall provide
11 for co-payments of up to $0.50 for prescribed drugs and up to
12 $0.50 for x-ray services and shall provide for co-payments of
13 up to $10 for non-emergency services provided in a hospital
14 emergency room and up to $10 for non-emergency ambulance
15 services. The purpose of the co-payments shall be to deter
16 those recipients from seeking unnecessary medical care.
17 Co-payments may not be used to deter recipients from seeking
18 necessary medical care. No recipient shall be required to
19 pay more than a total of $150 per year in co-payments under
20 the waiver request required by this subsection. A recipient
21 may not be required to pay more than $15 of any amount due
22 under this subsection in any one month.
23 Co-payments authorized under this subsection may not be
24 imposed when the care was necessitated by a true medical
25 emergency. Co-payments may not be imposed for any of the
26 following classifications of services:
27 (1) Services furnished to person under 18 years of
28 age.
29 (2) Services furnished to pregnant women.
30 (3) Services furnished to any individual who is an
31 inpatient in a hospital, nursing facility, intermediate
32 care facility, or other medical institution, if that
33 person is required to spend for costs of medical care all
34 but a minimal amount of his or her income required for
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1 personal needs.
2 (4) Services furnished to a person who is receiving
3 hospice care.
4 Co-payments authorized under this subsection shall not be
5 deducted from or reduce in any way payments for medical
6 services from the Illinois Department to providers. No
7 provider may deny those services to an individual eligible
8 for services based on the individual's inability to pay the
9 co-payment.
10 Recipients who are subject to co-payments shall be
11 provided notice, in plain and clear language, of the amount
12 of the co-payments, the circumstances under which co-payments
13 are exempted, the circumstances under which co-payments may
14 be assessed, and their manner of collection.
15 The Illinois Department shall establish a Medicaid
16 Co-Payment Council to assist in the development of co-payment
17 policies for the medical assistance program. The Medicaid
18 Co-Payment Council shall also have jurisdiction to develop a
19 program to provide financial or non-financial incentives to
20 Medicaid recipients in order to encourage recipients to seek
21 necessary health care. The Council shall be chaired by the
22 Director of the Illinois Department, and shall have 6
23 additional members. Two of the 6 additional members shall be
24 appointed by the Governor, and one each shall be appointed by
25 the President of the Senate, the Minority Leader of the
26 Senate, the Speaker of the House of Representatives, and the
27 Minority Leader of the House of Representatives. The Council
28 may be convened and make recommendations upon the appointment
29 of a majority of its members. The Council shall be appointed
30 and convened no later than September 1, 1994 and shall report
31 its recommendations to the Director of the Illinois
32 Department and the General Assembly no later than October 1,
33 1994. The chairperson of the Council shall be allowed to
34 vote only in the case of a tie vote among the appointed
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1 members of the Council.
2 The Council shall be guided by the following principles
3 as it considers recommendations to be developed to implement
4 any approved waivers that the Illinois Department must seek
5 pursuant to this subsection:
6 (1) Co-payments should not be used to deter access
7 to adequate medical care.
8 (2) Co-payments should be used to reduce fraud.
9 (3) Co-payment policies should be examined in
10 consideration of other states' experience, and the
11 ability of successful co-payment plans to control
12 unnecessary or inappropriate utilization of services
13 should be promoted.
14 (4) All participants, both recipients and
15 providers, in the medical assistance program have
16 responsibilities to both the State and the program.
17 (5) Co-payments are primarily a tool to educate the
18 participants in the responsible use of health care
19 resources.
20 (6) Co-payments should not be used to penalize
21 providers.
22 (7) A successful medical program requires the
23 elimination of improper utilization of medical resources.
24 The integrated health care program, or any part of that
25 program, established under this Section may not be
26 implemented if matching federal funds under Title XIX of the
27 Social Security Act are not available for administering the
28 program.
29 The Illinois Department shall submit for publication in
30 the Illinois Register the name, address, and telephone number
31 of the individual to whom a request may be directed for a
32 copy of the request for a waiver of provisions of Title XIX
33 of the Social Security Act that the Illinois Department
34 intends to submit to the Health Care Financing Administration
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1 in order to implement this Section. The Illinois Department
2 shall mail a copy of that request for waiver to all
3 requestors at least 16 days before filing that request for
4 waiver with the Health Care Financing Administration.
5 (q) After the effective date of this Section, the
6 Illinois Department may take all planning and preparatory
7 action necessary to implement this Section, including, but
8 not limited to, seeking requests for proposals relating to
9 the integrated health care program created under this
10 Section.
11 (r) In order to (i) accelerate and facilitate the
12 development of integrated health care in contracting areas
13 outside counties with populations in excess of 3,000,000 and
14 counties adjacent to those counties and (ii) maintain and
15 sustain the high quality of education and residency programs
16 coordinated and associated with local area hospitals, the
17 Illinois Department may develop and implement a demonstration
18 program for managed care community networks owned, operated,
19 or governed by State-funded medical schools. The Illinois
20 Department shall prescribe by rule the criteria, standards,
21 and procedures for effecting this demonstration program.
22 (s) (Blank).
23 (t) On April 1, 1995 and every 6 months thereafter, the
24 Illinois Department shall report to the Governor and General
25 Assembly on the progress of the integrated health care
26 program in enrolling clients into managed health care
27 entities. The report shall indicate the capacities of the
28 managed health care entities with which the State contracts,
29 the number of clients enrolled by each contractor, the areas
30 of the State in which managed care options do not exist, and
31 the progress toward meeting the enrollment goals of the
32 integrated health care program.
33 (u) The Illinois Department may implement this Section
34 through the use of emergency rules in accordance with Section
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1 5-45 of the Illinois Administrative Procedure Act. For
2 purposes of that Act, the adoption of rules to implement this
3 Section is deemed an emergency and necessary for the public
4 interest, safety, and welfare.
5 (Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
6 89-507, eff. 7-1-97; 89-673, eff. 8-14-96; revised 8-26-96.)
7 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
8 Sec. 11-9. Protection of records - Exceptions. For the
9 protection of applicants and recipients, the Illinois
10 Department, the county departments and local governmental
11 units and their respective officers and employees are
12 prohibited, except as hereinafter provided, from disclosing
13 the contents of any records, files, papers and
14 communications, except for purposes directly connected with
15 the administration of public aid under this Code.
16 In any judicial proceeding, except a proceeding directly
17 concerned with the administration of programs provided for in
18 this Code, such records, files, papers and communications,
19 and their contents shall be deemed privileged communications
20 and shall be disclosed only upon the order of the court,
21 where the court finds such to be necessary in the interest of
22 justice.
23 The Illinois Department shall establish and enforce
24 reasonable rules and regulations governing the custody, use
25 and preservation of the records, papers, files, and
26 communications of the Illinois Department, the county
27 departments and local governmental units receiving State or
28 Federal funds or aid. The governing body of other local
29 governmental units shall in like manner establish and enforce
30 rules and regulations governing the same matters.
31 The contents of case files pertaining to recipients under
32 Articles VI and VII shall be made available without subpoena
33 or formal notice to the officers of any court, to all law
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1 enforcing agencies, and to such other persons or agencies as
2 from time to time may be authorized by any court. In
3 particular, the contents of those case files shall be made
4 available upon request to a law enforcement agency for the
5 purpose of determining the current address of a recipient
6 with respect to whom an arrest warrant is outstanding.
7 Information shall also be disclosed to the Illinois State
8 Scholarship Commission pursuant to an investigation or audit
9 by the Illinois State Scholarship Commission of a delinquent
10 student loan or monetary award.
11 This Section does not prevent the Illinois Department and
12 local governmental units from reporting to appropriate law
13 enforcement officials the desertion or abandonment by a
14 parent of a child, as a result of which financial aid has
15 been necessitated under Articles IV, V, VI, or VII, or
16 reporting to appropriate law enforcement officials instances
17 in which a mother under age 18 has a child out of wedlock and
18 is an applicant for or recipient of aid under any Article of
19 this Code. The Illinois Department may provide by rule for
20 the county departments and local governmental units to
21 initiate proceedings under the Juvenile Court Act of 1987 to
22 have children declared to be neglected when they deem such
23 action necessary to protect the children from immoral
24 influences present in their home or surroundings.
25 This Section does not preclude the full exercise of the
26 powers of the Board of Public Aid Commissioners to inspect
27 records and documents, as provided for all advisory boards
28 pursuant to Section 8 of "The Civil Administrative Code of
29 Illinois", approved March 7, 1917, as amended.
30 This Section does not preclude exchanges of information
31 among the Illinois Department of Public Aid, the Department
32 of Human Services (as successor to the Department of Public
33 Aid), and the Illinois Department of Revenue for the purpose
34 of verifying sources and amounts of income and for other
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1 purposes directly connected with the administration of this
2 Code and of the Illinois Income Tax Act.
3 The provisions of this Section and of Section 11-11 as
4 they apply to applicants and recipients of public aid under
5 Articles III, IV and V shall be operative only to the extent
6 that they do not conflict with any Federal law or regulation
7 governing Federal grants to this State for such programs.
8 The Illinois Department of Public Aid and the Department
9 of Human Services (as successor to the Illinois Department of
10 Public Aid) shall enter into an inter-agency agreement with
11 the Department of Children and Family Services to establish a
12 procedure by which employees of the Department of Children
13 and Family Services may have immediate access to records,
14 files, papers, and communications (except medical, alcohol or
15 drug assessment or treatment, mental health, or any other
16 medical records) of the Illinois Department, county
17 departments, and local governmental units receiving State or
18 federal funds or aid, if the Department of Children and
19 Family Services determines the information is necessary to
20 perform its duties under the Abused and Neglected Child
21 Reporting Act, the Child Care Act of 1969, and the Children
22 and Family Services Act.
23 (Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97;
24 89-583, eff. 1-1-97; revised 9-9-96.)
25 (305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
26 Sec. 14-8. Disbursements to Hospitals.
27 (a) For inpatient hospital services rendered on and
28 after September 1, 1991, the Illinois Department shall
29 reimburse hospitals for inpatient services at an inpatient
30 payment rate calculated for each hospital based upon the
31 Medicare Prospective Payment System as set forth in Sections
32 1886(b), (d), (g), and (h) of the federal Social Security
33 Act, and the regulations, policies, and procedures
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1 promulgated thereunder, except as modified by this Section.
2 Payment rates for inpatient hospital services rendered on or
3 after September 1, 1991 and on or before September 30, 1992
4 shall be calculated using the Medicare Prospective Payment
5 rates in effect on September 1, 1991. Payment rates for
6 inpatient hospital services rendered on or after October 1,
7 1992 and on or before March 31, 1994 shall be calculated
8 using the Medicare Prospective Payment rates in effect on
9 September 1, 1992. Payment rates for inpatient hospital
10 services rendered on or after April 1, 1994 shall be
11 calculated using the Medicare Prospective Payment rates
12 (including the Medicare grouping methodology and weighting
13 factors as adjusted pursuant to paragraph (1) of this
14 subsection) in effect 90 days prior to the date of
15 admission. For services rendered on or after July 1, 1995,
16 the reimbursement methodology implemented under this
17 subsection shall not include those costs referred to in
18 Sections 1886(d)(5)(B) and 1886(h) of the Social Security
19 Act. The additional payment amounts required under Section
20 1886(d)(5)(F) of the Social Security Act, for hospitals
21 serving a disproportionate share of low-income or indigent
22 patients, are not required under this Section. For hospital
23 inpatient services rendered on or after July 1, 1995 and
24 before July 1, 1997, the Illinois Department shall reimburse
25 hospitals using the relative weighting factors and the base
26 payment rates calculated for each hospital that were in
27 effect on June 30, 1995, less the portion of such rates
28 attributed by the Illinois Department to the cost of medical
29 education.
30 (1) The weighting factors established under Section
31 1886(d)(4) of the Social Security Act shall not be used
32 in the reimbursement system established under this
33 Section. Rather, the Illinois Department shall establish
34 by rule Medicaid weighting factors to be used in the
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1 reimbursement system established under this Section.
2 (2) The Illinois Department shall define by rule
3 those hospitals or distinct parts of hospitals that shall
4 be exempt from the reimbursement system established under
5 this Section. In defining such hospitals, the Illinois
6 Department shall take into consideration those hospitals
7 exempt from the Medicare Prospective Payment System as of
8 September 1, 1991. For hospitals defined as exempt under
9 this subsection, the Illinois Department shall by rule
10 establish a reimbursement system for payment of inpatient
11 hospital services rendered on and after September 1,
12 1991. For all hospitals that are children's hospitals as
13 defined in Section 5-5.02 of this Code, the reimbursement
14 methodology shall, through June 30, 1992, net of all
15 applicable fees, at least equal each children's hospital
16 1990 ICARE payment rates, indexed to the current year by
17 application of the DRI hospital cost index from 1989 to
18 the year in which payments are made. Excepting county
19 providers as defined in Article XV of this Code,
20 hospitals licensed under the University of Illinois
21 Hospital Act, and facilities operated by the Department
22 of Mental Health and Developmental Disabilities (or its
23 successor, the Department of Human Services) for hospital
24 inpatient services rendered on or after July 1, 1995 and
25 before July 1, 1997, the Illinois Department shall
26 reimburse children's hospitals, as defined in 89 Illinois
27 Administrative Code Section 149.50(c)(3), at the rates in
28 effect on June 30, 1995, and shall reimburse all other
29 hospitals at the rates in effect on June 30, 1995, less
30 the portion of such rates attributed by the Illinois
31 Department to the cost of medical education.
32 (3) (Blank)
33 (4) Notwithstanding any other provision of this
34 Section, hospitals that on August 31, 1991, have a
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1 contract with the Illinois Department under Section 3-4
2 of the Illinois Health Finance Reform Act may elect to
3 continue to be reimbursed at rates stated in such
4 contracts for general and specialty care.
5 (5) In addition to any payments made under this
6 subsection (a), the Illinois Department shall make the
7 adjustment payments required by Section 5-5.02 of this
8 Code; provided, that in the case of any hospital
9 reimbursed under a per case methodology, the Illinois
10 Department shall add an amount equal to the product of
11 the hospital's average length of stay, less one day,
12 multiplied by 20, for inpatient hospital services
13 rendered on or after September 1, 1991 and on or before
14 September 30, 1992.
15 (b) (Blank)
16 (b-5) Excepting county providers as defined in Article
17 XV of this Code, hospitals licensed under the University of
18 Illinois Hospital Act, and facilities operated by the
19 Illinois Department of Mental Health and Developmental
20 Disabilities (or its successor, the Department of Human
21 Services) for outpatient services rendered on or after July
22 1, 1995 and before July 1, 1997, the Illinois Department
23 shall reimburse children's hospitals, as defined in the
24 Illinois Administrative Code Section 149.50(c)(3), at the
25 rates in effect on June 30, 1995, less that portion of such
26 rates attributed by the Illinois Department to the outpatient
27 indigent volume adjustment and shall reimburse all other
28 hospitals at the rates in effect on June 30, 1995, less the
29 portions of such rates attributed by the Illinois Department
30 to the cost of medical education and attributed by the
31 Illinois Department to the outpatient indigent volume
32 adjustment.
33 (c) In addition to any other payments under this Code,
34 the Illinois Department shall develop a hospital
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1 disproportionate share reimbursement methodology that,
2 effective July 1, 1991, through September 30, 1992, shall
3 reimburse hospitals sufficiently to expend the fee monies
4 described in subsection (b) of Section 14-3 of this Code and
5 the federal matching funds received by the Illinois
6 Department as a result of expenditures made by the Illinois
7 Department as required by this subsection (c) and Section
8 14-2 that are attributable to fee monies deposited in the
9 Fund, less amounts applied to adjustment payments under
10 Section 5-5.02.
11 (d) Critical Care Access Payments.
12 (1) In addition to any other payments made under
13 this Code, the Illinois Department shall develop a
14 reimbursement methodology that shall reimburse Critical
15 Care Access Hospitals for the specialized services that
16 qualify them as Critical Care Access Hospitals. No
17 adjustment payments shall be made under this subsection
18 on or after July 1, 1995.
19 (2) "Critical Care Access Hospitals" includes, but
20 is not limited to, hospitals that meet at least one of
21 the following criteria:
22 (A) Hospitals located outside of a
23 metropolitan statistical area that are designated as
24 Level II Perinatal Centers and that provide a
25 disproportionate share of perinatal services to
26 recipients; or
27 (B) Hospitals that are designated as Level I
28 Trauma Centers (adult or pediatric) and certain
29 Level II Trauma Centers as determined by the
30 Illinois Department; or
31 (C) Hospitals located outside of a
32 metropolitan statistical area and that provide a
33 disproportionate share of obstetrical services to
34 recipients.
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1 (e) Inpatient high volume adjustment. For hospital
2 inpatient services, effective with rate periods beginning on
3 or after October 1, 1993, in addition to rates paid for
4 inpatient services by the Illinois Department, the Illinois
5 Department shall make adjustment payments for inpatient
6 services furnished by Medicaid high volume hospitals. The
7 Illinois Department shall establish by rule criteria for
8 qualifying as a Medicaid high volume hospital and shall
9 establish by rule a reimbursement methodology for calculating
10 these adjustment payments to Medicaid high volume hospitals.
11 No adjustment payment shall be made under this subsection for
12 services rendered on or after July 1, 1995.
13 (f) The Illinois Department shall modify its current
14 rules governing adjustment payments for targeted access,
15 critical care access, and uncompensated care to classify
16 those adjustment payments as not being payments to
17 disproportionate share hospitals under Title XIX of the
18 federal Social Security Act. Rules adopted under this
19 subsection shall not be effective with respect to services
20 rendered on or after July 1, 1995. The Illinois Department
21 has no obligation to adopt or implement any rules or make any
22 payments under this subsection for services rendered on or
23 after July 1, 1995.
24 (f-5) The State recognizes that adjustment payments to
25 hospitals providing certain services or incurring certain
26 costs may be necessary to assure that recipients of medical
27 assistance have adequate access to necessary medical
28 services. These adjustments include payments for teaching
29 costs and uncompensated care, trauma center payments,
30 rehabilitation hospital payments, perinatal center payments,
31 obstetrical care payments, targeted access payments, Medicaid
32 high volume payments, and outpatient indigent volume
33 payments. On or before April 1, 1995, the Illinois
34 Department shall issue recommendations regarding (i)
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1 reimbursement mechanisms or adjustment payments to reflect
2 these costs and services, including methods by which the
3 payments may be calculated and the method by which the
4 payments may be financed, and (ii) reimbursement mechanisms
5 or adjustment payments to reflect costs and services of
6 federally qualified health centers with respect to recipients
7 of medical assistance.
8 (g) If one or more hospitals file suit in any court
9 challenging any part of this Article XIV, payments to
10 hospitals under this Article XIV shall be made only to the
11 extent that sufficient monies are available in the Fund and
12 only to the extent that any monies in the Fund are not
13 prohibited from disbursement under any order of the court.
14 (h) Payments under the disbursement methodology
15 described in this Section are subject to approval by the
16 federal government in an appropriate State plan amendment.
17 (i) The Illinois Department may by rule establish
18 criteria for and develop methodologies for adjustment
19 payments to hospitals participating under this Article.
20 (Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
21 7-1-95; 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; revised
22 8-26-96.)
23 Section 2-195. The Partnership for Long-Term Care Act is
24 amended by changing Sections 20, 30, 50, and 60 as follows:
25 (320 ILCS 35/20) (from Ch. 23, par. 6801-20)
26 Sec. 20. Program participant eligibility for Medicaid.
27 (a) Individuals who participate in the program and have
28 resources above the eligibility levels for receipt of medical
29 assistance under Title XIX of the Social Security Act
30 (Subchapter XIX (commencing with Section 1396) of Chapter 7
31 of Title 42 of the United States Code) shall be eligible to
32 receive in-home supportive service benefits and Medicaid
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1 benefits through the Department of Public Aid if, before
2 becoming eligible for benefits, they have purchased a
3 long-term care insurance policy covering long-term care that
4 has been certified by the Department of Insurance Human under
5 Section 30 of this Act.
6 (b) Individuals may purchase certified long-term care
7 insurance policies which cover long-term care services in
8 amounts equal to the resources they wish to protect.
9 (b-5) An individual may purchase a certified long-term
10 care insurance policy which protects an individual's total
11 assets. To be eligible for total asset protection, an amount
12 equal to the average cost of 4 years of long-term care
13 services in a nursing facility must be purchased.
14 (b-7) Although a resource has been protected by the
15 Partnership Policy, income is to be applied to the cost of
16 care when the insured becomes Medicaid eligible.
17 (c) The resource protection provided by this Act shall
18 be effective only for long-term care policies which cover
19 long-term care services, that are delivered, issued for
20 delivery, or renewed on or after July 1, 1992.
21 (d) When an individual purchases a certified long-term
22 care insurance policy, the issuer must notify the purchaser
23 of the benefits of purchasing inflation protection for the
24 long-term care insurance policy.
25 (e) An insurance company may offer for sale a policy as
26 described in paragraph (b) of this Section or paragraph (b-5)
27 of this Section or both types of policies.
28 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96;
29 revised 8-27-96.)
30 (320 ILCS 35/30) (from Ch. 23, par. 6801-30)
31 Sec. 30. Certification of policies and contracts. The
32 Department of Insurance shall certify only long-term care
33 insurance policies which cover long-term care that provide
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1 all of the following:
2 (1) Individual case management by a coordinating
3 entity designated or approved by the Department on Aging.
4 (2) The levels and durations of benefits that meet
5 minimum standards set by the Department of Insurance.
6 (3) A record keeping system including an
7 explanation of benefit reports on insurance payments or
8 benefits that count toward Medicaid resource exclusion.
9 (4) Approval of the insurance policy by the
10 Department of Insurance Human.
11 (5) Compliance with any other requirements imposed
12 by the Departments through regulations consistent with
13 the purposes of this Act.
14 (Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96;
15 revised 8-27-96.)
16 (320 ILCS 35/50) (from Ch. 23, par. 6801-50)
17 Sec. 50. Task force.
18 (a) An executive and legislative advisory task force
19 shall be created to provide advice and assistance in
20 designing and implementing the Partnership for Long-term Care
21 Program. The task force shall be composed of representatives,
22 designated by the director (or Secretary) of each of the
23 following agencies or departments:
24 (1) The Department on Aging.
25 (2) The Department of Public Aid.
26 (3) (Blank). Human
27 (4) The Department of Insurance.
28 (5) The Department of Commerce and Community
29 Affairs.
30 (6) The Legislative Research Unit.
31 (b) The task force shall consult with persons
32 knowledgeable of and concerned with long-term care,
33 including, but not limited to the following:
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1 (1) Consumers.
2 (2) Health care providers.
3 (3) Representatives of long-term care insurance
4 companies and administrators of health care service plans
5 that cover long-term care services.
6 (4) Providers of long-term care.
7 (5) Private employers.
8 (6) Academic specialists in long-term care and
9 aging.
10 (7) Representatives of the public employees' and
11 teachers' retirement systems.
12 (c) The task force shall be established, and its members
13 designated, not later than March 1, 1993. The task force
14 shall make recommendations to the Department on Aging
15 concerning the policy components of the program on or before
16 September 1, 1993.
17 (Source: P.A. 88-328; 89-507, eff. 7-1-97; 89-525, eff.
18 7-19-96; revised 8-23-96.)
19 (320 ILCS 35/60) (from Ch. 23, par. 6801-60)
20 Sec. 60. Administrative costs.
21 (a) The Department on Aging, in conjunction with the
22 Department of Public Aid, Human the Department of Insurance,
23 and the Department of Commerce and Community Affairs, shall
24 submit applications for State or federal grants or federal
25 waivers, or funding from nationally distributed private
26 foundation grants, or insurance reimbursements to be used to
27 pay the administrative expenses of implementation of the
28 program. The Department on Aging, in conjunction with those
29 other departments, also shall seek moneys from these same
30 sources for the purpose of implementing the program,
31 including moneys appropriated for that purpose.
32 (b) In implementing this Act, the Department on Aging
33 may negotiate contracts, on a nonbid basis, with long-term
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1 care insurers, health care insurers, health care service
2 plans, or both, for the provision of coverage for long-term
3 care services that will meet the certification requirements
4 set forth in Section 30 and the other requirements of this
5 Act.
6 (Source: P.A. 88-328; 89-507, eff. 7-1-97; 89-525, eff.
7 7-19-96; revised 8-26-96.)
8 Section 2-200. The Interagency Board for Children who
9 are Deaf or Hard-of-Hearing and have an Emotional or
10 Behavioral Disorder Act is amended by changing Section 4 as
11 follows:
12 (325 ILCS 35/4) (from Ch. 23, par. 6704)
13 Sec. 4. Appointment. The Board shall consist of 12
14 members, one of whom shall be appointed by the Governor. The
15 State Superintendent of Education shall appoint 2 members,
16 one of whom shall be a parent of a child who is deaf or
17 hard-of-hearing and has an emotional or behavioral disorder,
18 and one of whom shall be an employee of the agency. The
19 Director of Children and Family Services shall appoint 2
20 members, one of whom shall be a parent, foster parent, or
21 legal guardian of a child who is deaf or hard-of-hearing and
22 has an emotional or behavioral disorder, and one of whom
23 shall be an employee of the agency. The Secretary of Human
24 Services shall appoint 4 members, 2 one of whom shall be
25 parents a parent of children a child who are is deaf or hard
26 of hearing and have has an emotional or behavioral disorder,
27 one of whom shall be a parent of a child who is deaf or
28 hard-of-hearing and has an emotional or behavioral disorder,
29 and 2 of whom shall be employees of the agency.
30 The Director of Public Aid shall appoint one member who
31 shall be an employee of the agency. The Community and
32 Residential Services Authority for Behavior Disturbed and
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1 Severe Emotionally Disturbed Students shall appoint one
2 member who shall be an employee of the Authority, and the
3 Director of the Division of Specialized Care for Children
4 shall appoint one member who shall be an employee of that
5 agency.
6 Each appointing authority shall give preference to any
7 qualified deaf employee when making appointments to the
8 Board.
9 (Source: P.A. 89-507, eff. 7-1-97; 89-680, eff. 1-1-97;
10 revised 1-7-97.)
11 Section 2-205. The Environmental Protection Act is
12 amended by changing Sections 22.2, 22.15, 39, and 57.14 as
13 follows:
14 (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
15 Sec. 22.2. Hazardous waste; fees; liability.
16 (a) There are hereby created within the State Treasury 2
17 special funds to be known respectively as the "Hazardous
18 Waste Fund" and the "Hazardous Waste Research Fund",
19 constituted from the fees collected pursuant to this Section.
20 (b) (1) On and after January 1, 1989, the Agency shall
21 collect from the owner or operator of each of the following
22 sites a fee in the amount of:
23 (A) 6 cents per gallon or $12.12 per cubic yard of
24 hazardous waste disposed for 1989, 7.5 cents per gallon
25 or $15.15 per cubic yard for 1990 and 9 cents per gallon
26 or $18.18 per cubic yard thereafter, if the hazardous
27 waste disposal site is located off the site where such
28 waste was produced. The maximum amount payable under this
29 subdivision (A) with respect to the hazardous waste
30 generated by a single generator and deposited in
31 monofills is $20,000 for 1989, $25,000 for 1990, and
32 $30,000 per year thereafter. If, as a result of the use
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1 of multiple monofills, waste fees in excess of the
2 maximum are assessed with respect to a single waste
3 generator, the generator may apply to the Agency for a
4 credit.
5 (B) 6 cents per gallon or $12.12 per cubic yard of
6 hazardous waste disposed for 1989, 7.5 cents per gallon
7 or $15.15 per cubic yard for 1990 and 9 cents or $18.18
8 per cubic yard thereafter, if the hazardous waste
9 disposal site is located on the site where such waste was
10 produced, provided however the maximum amount of fees
11 payable under this paragraph (B) is $20,000 for 1989,
12 $25,000 for 1990 and $30,000 per year thereafter for each
13 such hazardous waste disposal site.
14 (C) If the hazardous waste disposal site is an
15 underground injection well, $6,000 per year if not more
16 than 10,000,000 gallons per year are injected, $15,000
17 per year if more than 10,000,000 gallons but not more
18 than 50,000,000 gallons per year are injected, and
19 $27,000 per year if more than 50,000,000 gallons per year
20 are injected.
21 (D) 2 cents per gallon or $4.04 per cubic yard for
22 1989, 2.5 cents per gallon or $5.05 per cubic yard for
23 1990, and 3 cents per gallon or $6.06 per cubic yard
24 thereafter of hazardous waste received for treatment at a
25 hazardous waste treatment site, if the hazardous waste
26 treatment site is located off the site where such waste
27 was produced and if such hazardous waste treatment site
28 is owned, controlled and operated by a person other than
29 the generator of such waste. After treatment at such
30 hazardous waste treatment site, the waste shall not be
31 subject to any other fee imposed by this subsection (b).
32 For purposes of this subsection (b), the term "treatment"
33 is defined as in Section 3.49 but shall not include
34 recycling, reclamation or reuse.
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1 (2) The General Assembly shall annually appropriate to
2 the Fund such amounts as it deems necessary to fulfill the
3 purposes of this Act.
4 (3) Whenever the unobligated balance of the Hazardous
5 Waste Fund exceeds $10,000,000, the Agency shall suspend the
6 collection of the fees provided for in this Section until the
7 unobligated balance of the Fund falls below $8,000,000.
8 (4) Of the amount collected as fees provided for in this
9 Section, the Agency shall manage the use of such funds to
10 assure that sufficient funds are available for match towards
11 federal expenditures for response action at sites which are
12 listed on the National Priorities List; provided, however,
13 that this shall not apply to additional monies appropriated
14 to the Fund by the General Assembly, nor shall it apply in
15 the event that the Director finds that revenues in the
16 Hazardous Waste Fund must be used to address conditions which
17 create or may create an immediate danger to the environment
18 or public health or to the welfare of the people of the State
19 of Illinois.
20 (5) Notwithstanding the other provisions of this
21 subsection (b), sludge from a publicly-owned sewage works
22 generated in Illinois, coal mining wastes and refuse
23 generated in Illinois, bottom boiler ash, flyash and flue gas
24 desulphurization sludge from public utility electric
25 generating facilities located in Illinois, and bottom boiler
26 ash and flyash from all incinerators which process solely
27 municipal waste shall not be subject to the fee.
28 (6) For the purposes of this subsection (b), "monofill"
29 means a facility, or a unit at a facility, that accepts only
30 wastes bearing the same USEPA hazardous waste identification
31 number, or compatible wastes as determined by the Agency.
32 (c) The Agency shall establish procedures, not later
33 than January 1, 1984, relating to the collection of the fees
34 authorized by this Section. Such procedures shall include,
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1 but not be limited to: (1) necessary records identifying the
2 quantities of hazardous waste received or disposed; (2) the
3 form and submission of reports to accompany the payment of
4 fees to the Agency; and (3) the time and manner of payment of
5 fees to the Agency, which payments shall be not more often
6 than quarterly.
7 (d) Beginning July 1, 1996, the Agency shall deposit all
8 such receipts in the State Treasury to the credit of the
9 Hazardous Waste Fund, except as provided in subsection (e) of
10 this Section. All monies in the Hazardous Waste Fund shall be
11 used by the Agency for the following purposes:
12 (1) Taking whatever preventive or corrective action
13 is necessary or appropriate, in circumstances certified
14 by the Director, including but not limited to removal or
15 remedial action whenever there is a release or
16 substantial threat of a release of a hazardous substance
17 or pesticide; provided, the Agency shall expend no more
18 than $1,000,000 on any single incident without
19 appropriation by the General Assembly.
20 (2) To meet any requirements which must be met by
21 the State in order to obtain federal funds pursuant to
22 the Comprehensive Environmental Response, Compensation
23 and Liability Act of 1980, (P.L. 96-510).
24 (3) In an amount up to 30% of the amount collected
25 as fees provided for in this Section, for use by the
26 Agency to conduct groundwater protection activities,
27 including providing grants to appropriate units of local
28 government which are addressing protection of underground
29 waters pursuant to the provisions of this Act.
30 (4) To fund the development and implementation of
31 the model pesticide collection program under Section 19.1
32 of the Illinois Pesticide Act.
33 (5) To the extent the Agency has received and
34 deposited monies in the Fund other than fees collected
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1 under subsection (b) of this Section, to pay for the cost
2 of Agency employees for services provided in reviewing
3 the performance of response actions pursuant to Title
4 XVII of this Act.
5 (6) In an amount up to 15% of the fees collected
6 annually under subsection (b) of this Section, for use by
7 the Agency for administration of the provisions of this
8 Section. of Public Health
9 (e) The Agency shall deposit 10% of all receipts
10 collected under subsection (b) of this Section, but not to
11 exceed $200,000 per year, in the State Treasury to the credit
12 of the Hazardous Waste Research Fund established by this Act.
13 Pursuant to appropriation, all monies in such Fund shall be
14 used by the Department of Natural Resources for the purposes
15 set forth in this subsection.
16 The Department of Natural Resources may enter into
17 contracts with business, industrial, university, governmental
18 or other qualified individuals or organizations to assist in
19 the research and development intended to recycle, reduce the
20 volume of, separate, detoxify or reduce the hazardous
21 properties of hazardous wastes in Illinois. Monies in the
22 Fund may also be used by the Department of Natural Resources
23 for technical studies, monitoring activities, and educational
24 and research activities which are related to the protection
25 of underground waters. Monies in the Hazardous Waste
26 Research Fund may be used to administer the Illinois Health
27 and Hazardous Substances Registry Act. Monies in the
28 Hazardous Waste Research Fund shall not be used for any
29 sanitary landfill or the acquisition or construction of any
30 facility. This does not preclude the purchase of equipment
31 for the purpose of public demonstration projects. The
32 Department of Natural Resources shall adopt guidelines for
33 cost sharing, selecting, and administering projects under
34 this subsection.
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1 (f) Notwithstanding any other provision or rule of law,
2 and subject only to the defenses set forth in subsection (j)
3 of this Section, the following persons shall be liable for
4 all costs of removal or remedial action incurred by the State
5 of Illinois or any unit of local government as a result of a
6 release or substantial threat of a release of a hazardous
7 substance or pesticide:
8 (1) the owner and operator of a facility or vessel
9 from which there is a release or substantial threat of
10 release of a hazardous substance or pesticide;
11 (2) any person who at the time of disposal,
12 transport, storage or treatment of a hazardous substance
13 or pesticide owned or operated the facility or vessel
14 used for such disposal, transport, treatment or storage
15 from which there was a release or substantial threat of a
16 release of any such hazardous substance or pesticide;
17 (3) any person who by contract, agreement, or
18 otherwise has arranged with another party or entity for
19 transport, storage, disposal or treatment of hazardous
20 substances or pesticides owned, controlled or possessed
21 by such person at a facility owned or operated by another
22 party or entity from which facility there is a release or
23 substantial threat of a release of such hazardous
24 substances or pesticides; and
25 (4) any person who accepts or accepted any
26 hazardous substances or pesticides for transport to
27 disposal, storage or treatment facilities or sites from
28 which there is a release or a substantial threat of a
29 release of a hazardous substance or pesticide.
30 Any monies received by the State of Illinois pursuant to
31 this subsection (f) shall be deposited in the State Treasury
32 to the credit of the Hazardous Waste Fund.
33 In accordance with the other provisions of this Section,
34 costs of removal or remedial action incurred by a unit of
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1 local government may be recovered in an action before the
2 Board brought by the unit of local government under
3 subsection (i) of this Section. Any monies so recovered
4 shall be paid to the unit of local government.
5 (g)(1) No indemnification, hold harmless, or similar
6 agreement or conveyance shall be effective to transfer from
7 the owner or operator of any vessel or facility or from any
8 person who may be liable for a release or substantial threat
9 of a release under this Section, to any other person the
10 liability imposed under this Section. Nothing in this
11 Section shall bar any agreement to insure, hold harmless or
12 indemnify a party to such agreements for any liability under
13 this Section.
14 (2) Nothing in this Section, including the provisions of
15 paragraph (g)(1) of this Section, shall bar a cause of action
16 that an owner or operator or any other person subject to
17 liability under this Section, or a guarantor, has or would
18 have, by reason of subrogation or otherwise against any
19 person.
20 (h) For purposes of this Section:
21 (1) The term "facility" means:
22 (A) any building, structure, installation,
23 equipment, pipe or pipeline including but not
24 limited to any pipe into a sewer or publicly owned
25 treatment works, well, pit, pond, lagoon,
26 impoundment, ditch, landfill, storage container,
27 motor vehicle, rolling stock, or aircraft; or
28 (B) any site or area where a hazardous
29 substance has been deposited, stored, disposed of,
30 placed, or otherwise come to be located.
31 (2) The term "owner or operator" means:
32 (A) any person owning or operating a vessel or
33 facility;
34 (B) in the case of an abandoned facility, any
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1 person owning or operating the abandoned facility or
2 any person who owned, operated, or otherwise
3 controlled activities at the abandoned facility
4 immediately prior to such abandonment;
5 (C) in the case of a land trust as defined in
6 Section 2 of the Land Trustee as Creditor Act, the
7 person owning the beneficial interest in the land
8 trust;
9 (D) in the case of a fiduciary (other than a
10 land trustee), the estate, trust estate, or other
11 interest in property held in a fiduciary capacity,
12 and not the fiduciary. For the purposes of this
13 Section, "fiduciary" means a trustee, executor,
14 administrator, guardian, receiver, conservator or
15 other person holding a facility or vessel in a
16 fiduciary capacity;
17 (E) in the case of a "financial institution",
18 meaning the Illinois Housing Development Authority
19 and that term as defined in Section 2 of the
20 Illinois Banking Act, that has acquired ownership,
21 operation, management, or control of a vessel or
22 facility through foreclosure or under the terms of a
23 security interest held by the financial institution
24 or under the terms of an extension of credit made by
25 the financial institution, the financial institution
26 only if the financial institution takes possession
27 of the vessel or facility and the financial
28 institution exercises actual, direct, and continual
29 or recurrent managerial control in the operation of
30 the vessel or facility that causes a release or
31 substantial threat of a release of a hazardous
32 substance or pesticide resulting in removal or
33 remedial action;
34 (F) In the case of an owner of residential
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1 property, the owner if the owner is a person other
2 than an individual, or if the owner is an individual
3 who owns more than 10 dwelling units in Illinois, or
4 if the owner, or an agent, representative,
5 contractor, or employee of the owner, has caused,
6 contributed to, or allowed the release or threatened
7 release of a hazardous substance or pesticide. The
8 term "residential property" means single family
9 residences of one to 4 dwelling units, including
10 accessory land, buildings, or improvements
11 incidental to those dwellings that are exclusively
12 used for the residential use. For purposes of this
13 subparagraph (F), the term "individual" means a
14 natural person, and shall not include corporations,
15 partnerships, trusts, or other non-natural persons.
16 (G) In the case of any facility, title or
17 control of which was conveyed due to bankruptcy,
18 foreclosure, tax delinquency, abandonment, or
19 similar means to a unit of State or local
20 government, any person who owned, operated, or
21 otherwise controlled activities at the facility
22 immediately beforehand.
23 (H) The term "owner or operator" does not
24 include a unit of State or local government which
25 acquired ownership or control through bankruptcy,
26 tax delinquency, abandonment, or other circumstances
27 in which the government acquires title by virtue of
28 its function as sovereign. The exclusion provided
29 under this paragraph shall not apply to any State or
30 local government which has caused or contributed to
31 the release or threatened release of a hazardous
32 substance from the facility, and such a State or
33 local government shall be subject to the provisions
34 of this Act in the same manner and to the same
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1 extent, both procedurally and substantively, as any
2 nongovernmental entity, including liability under
3 Section 22.2(f).
4 (i) The costs and damages provided for in this Section
5 may be imposed by the Board in an action brought before the
6 Board in accordance with Title VIII of this Act, except that
7 Section 33(c) of this Act shall not apply to any such action.
8 (j) (1) There shall be no liability under this Section
9 for a person otherwise liable who can establish by a
10 preponderance of the evidence that the release or substantial
11 threat of release of a hazardous substance and the damages
12 resulting therefrom were caused solely by:
13 (A) an act of God;
14 (B) an act of war;
15 (C) an act or omission of a third party other than
16 an employee or agent of the defendant, or other than one
17 whose act or omission occurs in connection with a
18 contractual relationship, existing directly or
19 indirectly, with the defendant (except where the sole
20 contractual arrangement arises from a published tariff
21 and acceptance for carriage by a common carrier by rail),
22 if the defendant establishes by a preponderance of the
23 evidence that (i) he exercised due care with respect to
24 the hazardous substance concerned, taking into
25 consideration the characteristics of such hazardous
26 substance, in light of all relevant facts and
27 circumstances, and (ii) he took precautions against
28 foreseeable acts or omissions of any such third party and
29 the consequences that could foreseeably result from such
30 acts or omissions; or
31 (D) any combination of the foregoing paragraphs.
32 (2) There shall be no liability under this Section for
33 any release permitted by State or federal law.
34 (3) There shall be no liability under this Section for
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1 damages as a result of actions taken or omitted in the course
2 of rendering care, assistance, or advice in accordance with
3 this Section or the National Contingency Plan pursuant to the
4 Comprehensive Environmental Response, Compensation and
5 Liability Act of 1980 (P.L. 96-510) or at the direction of an
6 on-scene coordinator appointed under such plan, with respect
7 to an incident creating a danger to public health or welfare
8 or the environment as a result of any release of a hazardous
9 substance or a substantial threat thereof. This subsection
10 shall not preclude liability for damages as the result of
11 gross negligence or intentional misconduct on the part of
12 such person. For the purposes of the preceding sentence,
13 reckless, willful, or wanton misconduct shall constitute
14 gross negligence.
15 (4) There shall be no liability under this Section for
16 any person (including, but not limited to, an owner of
17 residential property who applies a pesticide to the
18 residential property or who has another person apply a
19 pesticide to the residential property) for response costs or
20 damages as the result of the storage, handling and use, or
21 recommendation for storage, handling and use, of a pesticide
22 consistent with:
23 (A) its directions for storage, handling and use as
24 stated in its label or labeling;
25 (B) its warnings and cautions as stated in its
26 label or labeling; and
27 (C) the uses for which it is registered under the
28 Federal Insecticide, Fungicide and Rodenticide Act and
29 the Illinois Pesticide Act.
30 (4.5) There shall be no liability under subdivision
31 (f)(1) of this Section for response costs or damages as the
32 result of a release of a pesticide from an agrichemical
33 facility site if the Agency has received notice from the
34 Department of Agriculture pursuant to Section 19.3 of the
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1 Illinois Pesticide Act, the owner or operator of the
2 agrichemical facility is proceeding with a corrective action
3 plan under the Agrichemical Facility Response Action Program
4 implemented under that Section, and the Agency has provided a
5 written endorsement of a corrective action plan.
6 (4.6) There shall be no liability under subdivision
7 (f)(1) of this Section for response costs or damages as the
8 result of a substantial threat of a release of a pesticide
9 from an agrichemical facility site if the Agency has received
10 notice from the Department of Agriculture pursuant to Section
11 19.3 of the Illinois Pesticide Act and the owner or operator
12 of the agrichemical facility is proceeding with a corrective
13 action plan under the Agrichemical Facility Response Action
14 Program implemented under that Section.
15 (5) Nothing in this subsection (j) shall affect or
16 modify in any way the obligations or liability of any person
17 under any other provision of this Act or State or Federal
18 law, including common law, for damages, injury, or loss
19 resulting from a release or substantial threat of a release
20 of any hazardous substance or for removal or remedial action
21 or the costs of removal or remedial action of such hazardous
22 substance.
23 (6)(A) The term "contractual relationship", for the
24 purpose of this subsection includes, but is not limited to,
25 land contracts, deeds or other instruments transferring title
26 or possession, unless the real property on which the facility
27 concerned is located was acquired by the defendant after the
28 disposal or placement of the hazardous substance on, in, or
29 at the facility, and one or more of the circumstances
30 described in clause (i), (ii), or (iii) of this paragraph is
31 also established by the defendant by a preponderance of the
32 evidence:
33 (i) At the time the defendant acquired the facility
34 the defendant did not know and had no reason to know that
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1 any hazardous substance which is the subject of the
2 release or threatened release was disposed of on, in or
3 at the facility.
4 (ii) The defendant is a government entity which
5 acquired the facility by escheat, or through any other
6 involuntary transfer or acquisition, or through the
7 exercise of eminent domain authority by purchase or
8 condemnation.
9 (iii) The defendant acquired the facility by
10 inheritance or bequest.
11 In addition to establishing the foregoing, the defendant
12 must establish that he has satisfied the requirements of
13 subparagraph (C) of paragraph (l) of this subsection (j).
14 (B) To establish the defendant had no reason to know, as
15 provided in clause (i) of subparagraph (A) of this paragraph,
16 the defendant must have undertaken, at the time of
17 acquisition, all appropriate inquiry into the previous
18 ownership and uses of the property consistent with good
19 commercial or customary practice in an effort to minimize
20 liability. For purposes of the preceding sentence, the court
21 shall take into account any specialized knowledge or
22 experience on the part of the defendant, the relationship of
23 the purchase price to the value of the property if
24 uncontaminated, commonly known or reasonably ascertainable
25 information about the property, the obviousness of the
26 presence or likely presence of contamination at the property,
27 and the ability to detect such contamination by appropriate
28 inspection.
29 (C) Nothing in this paragraph (6) or in subparagraph (C)
30 of paragraph (1) of this subsection shall diminish the
31 liability of any previous owner or operator of such facility
32 who would otherwise be liable under this Act. Notwithstanding
33 this paragraph (6), if the defendant obtained actual
34 knowledge of the release or threatened release of a hazardous
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1 substance at such facility when the defendant owned the real
2 property and then subsequently transferred ownership of the
3 property to another person without disclosing such knowledge,
4 such defendant shall be treated as liable under subsection
5 (f) of this Section and no defense under subparagraph (C) of
6 paragraph (1) of this subsection shall be available to such
7 defendant.
8 (D) Nothing in this paragraph (6) shall affect the
9 liability under this Act of a defendant who, by any act or
10 omission, caused or contributed to the release or threatened
11 release of a hazardous substance which is the subject of the
12 action relating to the facility.
13 (E) (i) Except as provided in clause (ii) of this
14 subparagraph (E), a defendant who has acquired real property
15 shall have established a rebuttable presumption against all
16 State claims and a conclusive presumption against all private
17 party claims that the defendant has made all appropriate
18 inquiry within the meaning of subdivision (6)(B) of this
19 subsection (j) if the defendant proves that immediately prior
20 to or at the time of the acquisition:
21 (I) the defendant obtained a Phase I Environmental
22 Audit of the real property that meets or exceeds the
23 requirements of this subparagraph (E), and the Phase I
24 Environmental Audit did not disclose the presence or
25 likely presence of a release or a substantial threat of a
26 release of a hazardous substance or pesticide at, on, to,
27 or from the real property; or
28 (II) the defendant obtained a Phase II
29 Environmental Audit of the real property that meets or
30 exceeds the requirements of this subparagraph (E), and
31 the Phase II Environmental Audit did not disclose the
32 presence or likely presence of a release or a substantial
33 threat of a release of a hazardous substance or pesticide
34 at, on, to, or from the real property.
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1 (ii) No presumption shall be created under clause (i) of
2 this subparagraph (E), and a defendant shall be precluded
3 from demonstrating that the defendant has made all
4 appropriate inquiry within the meaning of subdivision (6)(B)
5 of this subsection (j), if:
6 (I) the defendant fails to obtain all Environmental
7 Audits required under this subparagraph (E) or any such
8 Environmental Audit fails to meet or exceed the
9 requirements of this subparagraph (E);
10 (II) a Phase I Environmental Audit discloses the
11 presence or likely presence of a release or a substantial
12 threat of a release of a hazardous substance or pesticide
13 at, on, to, or from real property, and the defendant
14 fails to obtain a Phase II Environmental Audit;
15 (III) a Phase II Environmental Audit discloses the
16 presence or likely presence of a release or a substantial
17 threat of a release of a hazardous substance or pesticide
18 at, on, to, or from the real property;
19 (IV) the defendant fails to maintain a written
20 compilation and explanatory summary report of the
21 information reviewed in the course of each Environmental
22 Audit under this subparagraph (E); or
23 (V) there is any evidence of fraud, material
24 concealment, or material misrepresentation by the
25 defendant of environmental conditions or of related
26 information discovered during the course of an
27 Environmental Audit.
28 (iii) For purposes of this subparagraph (E), the term
29 "environmental professional" means an individual (other than
30 a practicing attorney) who, through academic training,
31 occupational experience, and reputation (such as engineers,
32 industrial hygienists, or geologists) can objectively conduct
33 one or more aspects of an Environmental Audit and who either:
34 (I) maintains at the time of the Environmental
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1 Audit and for at least one year thereafter at least
2 $500,000 of environmental consultants' professional
3 liability insurance coverage issued by an insurance
4 company licensed to do business in Illinois; or
5 (II) is an Illinois licensed professional engineer
6 or an Illinois licensed industrial hygienist.
7 An environmental professional may employ persons who are
8 not environmental professionals to assist in the preparation
9 of an Environmental Audit if such persons are under the
10 direct supervision and control of the environmental
11 professional.
12 (iv) For purposes of this subparagraph (E), the term
13 "real property" means any interest in any parcel of land, and
14 shall not be limited to the definition of the term "real
15 property" contained in the Responsible Property Transfer Act
16 of 1988. For purposes of this subparagraph (E), the term
17 "real property" includes, but is not limited to, buildings,
18 fixtures, and improvements.
19 (v) For purposes of this subparagraph (E), the term
20 "Phase I Environmental Audit" means an investigation of real
21 property, conducted by environmental professionals, to
22 discover the presence or likely presence of a release or a
23 substantial threat of a release of a hazardous substance or
24 pesticide at, on, to, or from real property, and whether a
25 release or a substantial threat of a release of a hazardous
26 substance or pesticide has occurred or may occur at, on, to,
27 or from the real property. The investigation shall include a
28 review of at least each of the following sources of
29 information concerning the current and previous ownership and
30 use of the real property:
31 (I) Recorded chain of title documents regarding the
32 real property, including all deeds, easements, leases,
33 restrictions, and covenants for a period of 50 years.
34 (II) Aerial photographs that may reflect prior uses
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1 of the real property and that are reasonably obtainable
2 through State, federal, or local government agencies or
3 bodies.
4 (III) Recorded environmental cleanup liens, if any,
5 against the real property that have arisen pursuant to
6 this Act or federal statutes.
7 (IV) Reasonably obtainable State, federal, and
8 local government records of sites or facilities at, on,
9 or near the real property to discover the presence or
10 likely presence of a hazardous substance or pesticide,
11 and whether a release or a substantial threat of a
12 release of a hazardous substance or pesticide has
13 occurred or may occur at, on, to, or from the real
14 property. Such government records shall include, but not
15 be limited to: reasonably obtainable State, federal, and
16 local government investigation reports for those sites or
17 facilities; reasonably obtainable State, federal, and
18 local government records of activities likely to cause or
19 contribute to a release or a threatened release of a
20 hazardous substance or pesticide at, on, to, or from the
21 real property, including landfill and other treatment,
22 storage, and disposal location records, underground
23 storage tank records, hazardous waste transporter and
24 generator records, and spill reporting records; and other
25 reasonably obtainable State, federal, and local
26 government environmental records that report incidents or
27 activities that are likely to cause or contribute to a
28 release or a threatened release of a hazardous substance
29 or pesticide at, on, to, or from the real property. In
30 order to be deemed "reasonably obtainable" as required
31 herein, a copy or reasonable facsimile of the record must
32 be obtainable from the government agency by request and
33 upon payment of a processing fee, if any, established by
34 the government agency. The Agency is authorized to
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1 establish a reasonable fee for processing requests
2 received under this subparagraph (E) for records. All
3 fees collected by the Agency under this clause (v)(IV)
4 shall be deposited into the Environmental Protection
5 Permit and Inspection Fund in accordance with Section
6 22.8. Notwithstanding any other law, if the fee is paid,
7 commencing on the effective date of this amendatory Act
8 of 1993 and until one year after the effective date of
9 this amendatory Act of 1993, the Agency shall use its
10 best efforts to process a request received under this
11 subparagraph (E) as expeditiously as possible.
12 Notwithstanding any other law, commencing one year after
13 the effective date of this amendatory Act of 1993, if the
14 fee is paid, the Agency shall process a request received
15 under this subparagraph (E) for records within 30 days of
16 the receipt of such request.
17 (V) A visual site inspection of the real property
18 and all facilities and improvements on the real property
19 and a visual inspection of properties immediately
20 adjacent to the real property, including an investigation
21 of any use, storage, treatment, spills from use, or
22 disposal of hazardous substances, hazardous wastes, solid
23 wastes, or pesticides. If the person conducting the
24 investigation is denied access to any property adjacent
25 to the real property, the person shall conduct a visual
26 inspection of that adjacent property from the property to
27 which the person does have access and from public
28 rights-of-way.
29 (VI) A review of business records for activities at
30 or on the real property for a period of 50 years.
31 (vi) For purposes of subparagraph (E), the term "Phase
32 II Environmental Audit" means an investigation of real
33 property, conducted by environmental professionals,
34 subsequent to a Phase I Environmental Audit. If the Phase I
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1 Environmental Audit discloses the presence or likely presence
2 of a hazardous substance or a pesticide or a release or a
3 substantial threat of a release of a hazardous substance or
4 pesticide:
5 (I) In or to soil, the defendant, as part of the
6 Phase II Environmental Audit, shall perform a series of
7 soil borings sufficient to determine whether there is a
8 presence or likely presence of a hazardous substance or
9 pesticide and whether there is or has been a release or a
10 substantial threat of a release of a hazardous substance
11 or pesticide at, on, to, or from the real property.
12 (II) In or to groundwater, the defendant, as part
13 of the Phase II Environmental Audit, shall: review
14 information regarding local geology, water well
15 locations, and locations of waters of the State as may be
16 obtained from State, federal, and local government
17 records, including but not limited to the United States
18 Geological Service, the State Geological Survey Division
19 of the Department of Natural Resources, and the State
20 Water Survey Division of the Department of Natural
21 Resources; and perform groundwater monitoring sufficient
22 to determine whether there is a presence or likely
23 presence of a hazardous substance or pesticide, and
24 whether there is or has been a release or a substantial
25 threat of a release of a hazardous substance or pesticide
26 at, on, to, or from the real property.
27 (III) On or to media other than soil or
28 groundwater, the defendant, as part of the Phase II
29 Environmental Audit, shall perform an investigation
30 sufficient to determine whether there is a presence or
31 likely presence of a hazardous substance or pesticide,
32 and whether there is or has been a release or a
33 substantial threat of a release of a hazardous substance
34 or pesticide at, on, to, or from the real property.
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1 (vii) The findings of each Environmental Audit prepared
2 under this subparagraph (E) shall be set forth in a written
3 audit report. Each audit report shall contain an affirmation
4 by the defendant and by each environmental professional who
5 prepared the Environmental Audit that the facts stated in the
6 report are true and are made under a penalty of perjury as
7 defined in Section 32-2 of the Criminal Code of 1961. It is
8 perjury for any person to sign an audit report that contains
9 a false material statement that the person does not believe
10 to be true.
11 (viii) The Agency is not required to review, approve, or
12 certify the results of any Environmental Audit. The
13 performance of an Environmental Audit shall in no way entitle
14 a defendant to a presumption of Agency approval or
15 certification of the results of the Environmental Audit.
16 The presence or absence of a disclosure document prepared
17 under the Responsible Property Transfer Act of 1988 shall not
18 be a defense under this Act and shall not satisfy the
19 requirements of subdivision (6)(A) of this subsection (j).
20 (7) No person shall be liable under this Section for
21 response costs or damages as the result of a pesticide
22 release if the Agency has found that a pesticide release
23 occurred based on a Health Advisory issued by the U.S.
24 Environmental Protection Agency or an action level developed
25 by the Agency, unless the Agency notified the manufacturer of
26 the pesticide and provided an opportunity of not less than 30
27 days for the manufacturer to comment on the technical and
28 scientific justification supporting the Health Advisory or
29 action level.
30 (8) No person shall be liable under this Section for
31 response costs or damages as the result of a pesticide
32 release that occurs in the course of a farm pesticide
33 collection program operated under Section 19.1 of the
34 Illinois Pesticide Act, unless the release results from gross
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1 negligence or intentional misconduct.
2 (k) If any person who is liable for a release or
3 substantial threat of release of a hazardous substance or
4 pesticide fails without sufficient cause to provide removal
5 or remedial action upon or in accordance with a notice and
6 request by the Agency or upon or in accordance with any order
7 of the Board or any court, such person may be liable to the
8 State for punitive damages in an amount at least equal to,
9 and not more than 3 times, the amount of any costs incurred
10 by the State of Illinois as a result of such failure to take
11 such removal or remedial action. The punitive damages
12 imposed by the Board shall be in addition to any costs
13 recovered from such person pursuant to this Section and in
14 addition to any other penalty or relief provided by this Act
15 or any other law.
16 Any monies received by the State pursuant to this
17 subsection (k) shall be deposited in the Hazardous Waste
18 Fund.
19 (l) Beginning January 1, 1988, the Agency shall annually
20 collect a $250 fee for each Special Waste Hauling Permit
21 Application and, in addition, shall collect a fee of $20 for
22 each waste hauling vehicle identified in the annual permit
23 application and for each vehicle which is added to the permit
24 during the annual period. The Agency shall deposit 85% of
25 such fees collected under this subsection (l) in the State
26 Treasury to the credit of the Hazardous Waste Research Fund;
27 and shall deposit the remaining 15% of such fees collected in
28 the State Treasury to the credit of the Environmental
29 Protection Permit and Inspection Fund. The majority of such
30 receipts which are deposited in the Hazardous Waste Research
31 Fund pursuant to this subsection shall be used by the
32 Department of Natural Resources for activities which relate
33 to the protection of underground waters.
34 (m) (Blank).
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1 (n) (Blank).
2 (Source: P.A. 88-438; 88-602, eff. 9-1-94; 89-94, eff.
3 7-6-95; 89-158, eff. 1-1-96; 89-431, eff. 12-15-95; 89-443,
4 eff. 7-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
5 revised 10-2-96.)
6 (415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
7 Sec. 22.15. Solid Waste Management Fund; fees.
8 (a) There is hereby created within the State Treasury a
9 special fund to be known as the "Solid Waste Management Fund"
10 constituted from the fees collected by the State pursuant to
11 this Section and from repayments of loans made from the Fund
12 for solid waste projects. Moneys received by the Department
13 of Commerce and Community Affairs in repayment of loans made
14 pursuant to the Illinois Solid Waste Management Act shall be
15 deposited into the Solid Waste Management Revolving Loan
16 Fund.
17 (b) On and after January 1, 1987, the Agency shall
18 assess and collect a fee in the amount set forth herein from
19 the owner or operator of each sanitary landfill permitted or
20 required to be permitted by the Agency to dispose of solid
21 waste if the sanitary landfill is located off the site where
22 such waste was produced and if such sanitary landfill is
23 owned, controlled, and operated by a person other than the
24 generator of such waste. The Agency shall deposit all fees
25 collected into the Solid Waste Management Fund. If a site is
26 contiguous to one or more landfills owned or operated by the
27 same person, the volumes permanently disposed of by each
28 landfill shall be combined for purposes of determining the
29 fee under this subsection.
30 (1) If more than 150,000 cubic yards of
31 non-hazardous solid waste is permanently disposed of at a
32 site in a calendar year, the owner or operator shall
33 either pay a fee of 45 cents per cubic yard (60¢ per
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1 cubic yard from January 1, 1989 through December 31,
2 1993), or alternatively the owner or operator may weigh
3 the quantity of the solid waste permanently disposed of
4 with a device for which certification has been obtained
5 under the Weights and Measures Act and pay a fee of 95
6 cents per ton ($1.27 per ton from January 1, 1989 through
7 December 31, 1993) of solid waste permanently disposed
8 of. An owner or operator that is subject to any fee, tax,
9 or surcharge imposed under the authority of subsection
10 (j) of this Section on September 26, 1991, with respect
11 to fees due to the Agency under this paragraph after
12 December 31, 1991 and before January 1, 1994, shall
13 deduct from the amount paid to the Agency the amount by
14 which the fee paid under subsection (j) exceeds 45 cents
15 per cubic yard or 95 cents per ton. In no case shall the
16 fee collected or paid by the owner or operator under this
17 paragraph exceed $1.05 per cubic yard or $2.22 per ton.
18 (2) If more than 100,000 cubic yards, but not more
19 than 150,000 cubic yards of non-hazardous waste is
20 permanently disposed of at a site in a calendar year, the
21 owner or operator shall pay a fee of $25,000 ($33,350 in
22 1989, 1990 and 1991).
23 (3) If more than 50,000 cubic yards, but not more
24 than 100,000 cubic yards of non-hazardous solid waste is
25 permanently disposed of at a site in a calendar year, the
26 owner or operator shall pay a fee of $11,300 ($15,500 in
27 1989, 1990 and 1991).
28 (4) If more than 10,000 cubic yards, but not more
29 than 50,000 cubic yards of non-hazardous solid waste is
30 permanently disposed of at a site in a calendar year, the
31 owner or operator shall pay a fee of $3,450 ($4,650 in
32 1989, 1990 and 1991).
33 (5) If not more than 10,000 cubic yards of
34 non-hazardous solid waste is permanently disposed of at a
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1 site in a calendar year, the owner or operator shall pay
2 a fee of $500 ($650 in 1989, 1990 and 1991).
3 (c) From January 1, 1987 through December 31, 1988, the
4 fee set forth in this Section shall not apply to:
5 (1) Solid waste which is hazardous waste;
6 (2) Any landfill which is permitted by the Agency
7 to receive only demolition or construction debris or
8 landscape waste; or
9 (3) The following wastes:
10 (A) Foundry sand;
11 (B) Coal combustion by-product, including
12 scrubber waste and fluidized bed boiler waste which
13 does not contain metal cleaning waste;
14 (C) Slag from the manufacture of iron and
15 steel;
16 (D) Pollution Control Waste;
17 (E) Wastes from recycling, reclamation or
18 reuse processes designed to remove any contaminant
19 from wastes so as to render such wastes reusable,
20 provided that the process renders at least 50% of
21 the waste reusable;
22 (F) Non-hazardous solid waste that is received
23 at a sanitary landfill after January 1, 1987 and
24 recycled through a process permitted by the Agency.
25 (d) The Agency shall establish rules relating to the
26 collection of the fees authorized by this Section. Such
27 rules shall include, but not be limited to:
28 (1) necessary records identifying the quantities of
29 solid waste received or disposed;
30 (2) the form and submission of reports to accompany
31 the payment of fees to the Agency;
32 (3) the time and manner of payment of fees to the
33 Agency, which payments shall not be more often than
34 quarterly; and
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1 (4) procedures setting forth criteria establishing
2 when an owner or operator may measure by weight or volume
3 during any given quarter or other fee payment period.
4 (e) Pursuant to appropriation, all monies in the Solid
5 Waste Management Fund shall be used by the Agency and the
6 Department of Commerce and Community Affairs for the purposes
7 set forth in this Section and in the Illinois Solid Waste
8 Management Act, including for the costs of fee collection and
9 administration, and through June 30, 1989, by the University
10 of Illinois for research consistent with the Illinois Solid
11 Waste Management Act.
12 (f) The Agency is authorized to enter into such
13 agreements and to promulgate such rules as are necessary to
14 carry out its duties under this Section and the Illinois
15 Solid Waste Management Act.
16 (g) On the first day of January, April, July, and
17 October of each year, beginning on July 1, 1996, the State
18 Comptroller and Treasurer shall transfer $500,000 from the
19 Solid Waste Management Fund to the Hazardous Waste Fund.
20 Moneys transferred under this subsection (g) shall be used
21 only for the purposes set forth in item (1) of subsection (d)
22 of Section 22.2. of Commerce and Community Affairs of
23 Commerce and Community Affairs
24 (h) The Agency is authorized to provide financial
25 assistance to units of local government for the performance
26 of inspecting, investigating and enforcement activities
27 pursuant to Section 4(r) at nonhazardous solid waste disposal
28 sites.
29 (i) The Agency is authorized to support the operations
30 of an industrial materials exchange service, and to conduct
31 household waste collection and disposal programs.
32 (j) A unit of local government, as defined in the Local
33 Solid Waste Disposal Act, in which a solid waste disposal
34 facility is located may establish a fee, tax or surcharge
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1 with regard to the permanent disposal of solid waste, to be
2 utilized for solid waste management purposes, including
3 long-term monitoring and maintenance of landfills, planning,
4 implementation, inspection, enforcement and other activities
5 consistent with the Solid Waste Management Act and the Local
6 Solid Waste Disposal Act. However, the total fee, tax or
7 surcharge imposed by all units of local government under this
8 subsection (j) upon the solid waste disposal facility shall
9 not exceed:
10 (1) 45¢ per cubic yard (60¢ per cubic yard
11 beginning January 1, 1992) if more than 150,000 cubic
12 yards of non-hazardous solid waste is permanently
13 disposed of at the site in a calendar year, unless the
14 owner or operator weighs the quantity of the solid waste
15 received with a device for which certification has been
16 obtained under the Weights and Measures Act, in which
17 case the fee shall not exceed 95¢ per ton ($1.27 per ton
18 beginning January 1, 1992) of solid waste permanently
19 disposed of.
20 (2) $25,000 ($33,350 beginning in 1992) if more
21 than 100,000 cubic yards, but not more than 150,000 cubic
22 yards, of non-hazardous waste is permanently disposed of
23 at the site in a calendar year.
24 (3) $11,300 ($15,500 beginning in 1992) if more
25 than 50,000 cubic yards, but not more than 100,000 cubic
26 yards, of non-hazardous solid waste is permanently
27 disposed of at the site in a calendar year.
28 (4) $3,450 ($4,650 beginning in 1992) if more than
29 10,000 cubic yards, but not more than 50,000 cubic yards,
30 of non-hazardous solid waste is permanently disposed of
31 at the site in a calendar year.
32 (5) $500 ($650 beginning in 1992) if not more than
33 10,000 cubic yards of non-hazardous solid waste is
34 permanently disposed of at the site in a calendar year.
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1 The corporate authorities of the unit of local government
2 may use proceeds from the fee, tax, or surcharge to reimburse
3 a highway commissioner whose road district lies wholly or
4 partially within the corporate limits of the unit of local
5 government for expenses incurred in the removal of
6 nonhazardous, nonfluid municipal waste that has been dumped
7 on public property in violation of a State law or local
8 ordinance.
9 A county or Municipal Joint Action Agency that imposes a
10 fee, tax, or surcharge under this subsection may use the
11 proceeds thereof to reimburse a municipality that lies wholly
12 or partially within its boundaries for expenses incurred in
13 the removal of nonhazardous, nonfluid municipal waste that
14 has been dumped on public property in violation of a State
15 law or local ordinance.
16 If the fees are to be used to conduct a local sanitary
17 landfill inspection or enforcement program, the unit of local
18 government must enter into a written delegation agreement
19 with the Agency pursuant to subsection (r) of Section 4. The
20 unit of local government and the Agency shall enter into such
21 a written delegation agreement within 60 days after the
22 establishment of such fees or August 23, 1988, whichever is
23 later. For the year commencing January 1, 1989, and at least
24 annually thereafter, the Agency shall conduct an audit of the
25 expenditures made by units of local government from the funds
26 granted by the Agency to the units of local government for
27 purposes of local sanitary landfill inspection and
28 enforcement programs, to ensure that the funds have been
29 expended for the prescribed purposes under the grant.
30 The fees, taxes or surcharges collected under this
31 subsection (j) shall be placed by the unit of local
32 government in a separate fund, and the interest received on
33 the moneys in the fund shall be credited to the fund. The
34 monies in the fund may be accumulated over a period of years
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1 to be expended in accordance with this subsection.
2 A unit of local government, as defined in the Local Solid
3 Waste Disposal Act, shall prepare and distribute to the
4 Agency, in April of each year, a report that details spending
5 plans for monies collected in accordance with this
6 subsection. The report will at a minimum include the
7 following:
8 (1) The total monies collected pursuant to this
9 subsection.
10 (2) The most current balance of monies collected
11 pursuant to this subsection.
12 (3) An itemized accounting of all monies expended
13 for the previous year pursuant to this subsection.
14 (4) An estimation of monies to be collected for the
15 following 3 years pursuant to this subsection.
16 (5) A narrative detailing the general direction and
17 scope of future expenditures for one, 2 and 3 years.
18 The exemptions granted under Sections 22.16 and 22.16a,
19 and under subsections (c) and (k) of this Section, shall be
20 applicable to any fee, tax or surcharge imposed under this
21 subsection (j); except that the fee, tax or surcharge
22 authorized to be imposed under this subsection (j) may be
23 made applicable by a unit of local government to the
24 permanent disposal of solid waste after December 31, 1986,
25 under any contract lawfully executed before June 1, 1986
26 under which more than 150,000 cubic yards (or 50,000 tons) of
27 solid waste is to be permanently disposed of, even though the
28 waste is exempt from the fee imposed by the State under
29 subsection (b) of this Section pursuant to an exemption
30 granted under Section 22.16.
31 (k) In accordance with the findings and purposes of the
32 Illinois Solid Waste Management Act, beginning January 1,
33 1989 the fee under subsection (b) and the fee, tax or
34 surcharge under subsection (j) shall not apply to:
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1 (1) Waste which is hazardous waste; or
2 (2) Waste which is pollution control waste; or
3 (3) Waste from recycling, reclamation or reuse
4 processes which have been approved by the Agency as being
5 designed to remove any contaminant from wastes so as to
6 render such wastes reusable, provided that the process
7 renders at least 50% of the waste reusable; or
8 (4) Non-hazardous solid waste that is received at a
9 sanitary landfill and composted or recycled through a
10 process permitted by the Agency; or
11 (5) Any landfill which is permitted by the Agency
12 to receive only demolition or construction debris or
13 landscape waste.
14 (Source: P.A. 88-474; 89-93, eff. 7-6-95; 89-443, eff.
15 7-1-96; 89-445, eff. 2-7-96; revised 3-19-96.)
16 (415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
17 Sec. 39. Issuance of permits; procedures.
18 (a) When the Board has by regulation required a permit
19 for the construction, installation, or operation of any type
20 of facility, equipment, vehicle, vessel, or aircraft, the
21 applicant shall apply to the Agency for such permit and it
22 shall be the duty of the Agency to issue such a permit upon
23 proof by the applicant that the facility, equipment, vehicle,
24 vessel, or aircraft will not cause a violation of this Act or
25 of regulations hereunder. The Agency shall adopt such
26 procedures as are necessary to carry out its duties under
27 this Section. In granting permits the Agency may impose such
28 conditions as may be necessary to accomplish the purposes of
29 this Act, and as are not inconsistent with the regulations
30 promulgated by the Board hereunder. Except as otherwise
31 provided in this Act, a bond or other security shall not be
32 required as a condition for the issuance of a permit. If the
33 Agency denies any permit under this Section, the Agency shall
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1 transmit to the applicant within the time limitations of this
2 Section specific, detailed statements as to the reasons the
3 permit application was denied. Such statements shall
4 include, but not be limited to the following:
5 (i) the Sections of this Act which may be violated
6 if the permit were granted;
7 (ii) the provision of the regulations, promulgated
8 under this Act, which may be violated if the permit were
9 granted;
10 (iii) the specific type of information, if any,
11 which the Agency deems the applicant did not provide the
12 Agency; and
13 (iv) a statement of specific reasons why the Act
14 and the regulations might not be met if the permit were
15 granted.
16 If there is no final action by the Agency within 90 days
17 after the filing of the application for permit, the applicant
18 may deem the permit issued; except that this time period
19 shall be extended to 180 days when (1) notice and
20 opportunity for public hearing are required by State or
21 federal law or regulation, (2) the application which was
22 filed is for any permit to develop a landfill subject to
23 issuance pursuant to this subsection, or (3) the application
24 that was filed is for a MSWLF unit required to issue public
25 notice under subsection (p) of Section 39.
26 The Agency shall publish notice of all final permit
27 determinations for development permits for MSWLF units and
28 for significant permit modifications for lateral expansions
29 for existing MSWLF units one time in a newspaper of general
30 circulation in the county in which the unit is or is proposed
31 to be located.
32 After January 1, 1994, operating permits issued under
33 this Section by the Agency for sources of air pollution
34 permitted to emit less than 25 tons per year of any
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1 combination of regulated air pollutants, as defined in
2 Section 39.5 of this Act, shall be required to be renewed
3 only upon written request by the Agency consistent with
4 applicable provisions of this Act and regulations promulgated
5 hereunder. Such operating permits shall expire 180 days
6 after the date of such a request. The Board shall revise its
7 regulations for the existing State air pollution operating
8 permit program consistent with this provision by January 1,
9 1994.
10 (b) The Agency may issue NPDES permits exclusively under
11 this subsection for the discharge of contaminants from point
12 sources into navigable waters, all as defined in the Federal
13 Water Pollution Control Act, as now or hereafter amended,
14 within the jurisdiction of the State, or into any well.
15 All NPDES permits shall contain those terms and
16 conditions, including but not limited to schedules of
17 compliance, which may be required to accomplish the purposes
18 and provisions of this Act.
19 The Agency may issue general NPDES permits for discharges
20 from categories of point sources which are subject to the
21 same permit limitations and conditions. Such general permits
22 may be issued without individual applications and shall
23 conform to regulations promulgated under Section 402 of the
24 Federal Water Pollution Control Act, as now or hereafter
25 amended.
26 The Agency may include, among such conditions, effluent
27 limitations and other requirements established under this
28 Act, Board regulations, the Federal Water Pollution Control
29 Act, as now or hereafter amended, and regulations pursuant
30 thereto, and schedules for achieving compliance therewith at
31 the earliest reasonable date.
32 The Agency shall adopt filing requirements and procedures
33 which are necessary and appropriate for the issuance of NPDES
34 permits, and which are consistent with the Act or regulations
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1 adopted by the Board, and with the Federal Water Pollution
2 Control Act, as now or hereafter amended, and regulations
3 pursuant thereto.
4 The Agency, subject to any conditions which may be
5 prescribed by Board regulations, may issue NPDES permits to
6 allow discharges beyond deadlines established by this Act or
7 by regulations of the Board without the requirement of a
8 variance, subject to the Federal Water Pollution Control Act,
9 as now or hereafter amended, and regulations pursuant
10 thereto.
11 (c) Except for those facilities owned or operated by
12 sanitary districts organized under the Metropolitan Water
13 Reclamation District Act, no permit for the development or
14 construction of a new pollution control facility may be
15 granted by the Agency unless the applicant submits proof to
16 the Agency that the location of the facility has been
17 approved by the County Board of the county if in an
18 unincorporated area, or the governing body of the
19 municipality when in an incorporated area, in which the
20 facility is to be located in accordance with Section 39.2 of
21 this Act.
22 Beginning August 20, 1993, if the pollution control
23 facility consists of a hazardous or solid waste disposal
24 facility for which the proposed site is located in an
25 unincorporated area of a county with a population of less
26 than 100,000 and includes all or a portion of a parcel of
27 land that was, on April 1, 1993, adjacent to a municipality
28 having a population of less than 5,000, then the local siting
29 review required under this subsection (c) in conjunction with
30 any permit applied for after that date shall be performed by
31 the governing body of that adjacent municipality rather than
32 the county board of the county in which the proposed site is
33 located; and for the purposes of that local siting review,
34 any references in this Act to the county board shall be
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1 deemed to mean the governing body of that adjacent
2 municipality; provided, however, that the provisions of this
3 paragraph shall not apply to any proposed site which was, on
4 April 1, 1993, owned in whole or in part by another
5 municipality.
6 In the case of a pollution control facility for which a
7 development permit was issued before November 12, 1981, if an
8 operating permit has not been issued by the Agency prior to
9 August 31, 1989 for any portion of the facility, then the
10 Agency may not issue or renew any development permit nor
11 issue an original operating permit for any portion of such
12 facility unless the applicant has submitted proof to the
13 Agency that the location of the facility has been approved by
14 the appropriate county board or municipal governing body
15 pursuant to Section 39.2 of this Act.
16 After January 1, 1994, if a solid waste disposal
17 facility, any portion for which an operating permit has been
18 issued by the Agency, has not accepted waste disposal for 5
19 or more consecutive calendars years, before that facility may
20 accept any new or additional waste for disposal, the owner
21 and operator must obtain a new operating permit under this
22 Act for that facility unless the owner and operator have
23 applied to the Agency for a permit authorizing the temporary
24 suspension of waste acceptance. The Agency may not issue a
25 new operation permit under this Act for the facility unless
26 the applicant has submitted proof to the Agency that the
27 location of the facility has been approved or re-approved by
28 the appropriate county board or municipal governing body
29 under Section 39.2 of this Act after the facility ceased
30 accepting waste.
31 Except for those facilities owned or operated by sanitary
32 districts organized under the Metropolitan Water Reclamation
33 District Act, and except for new pollution control facilities
34 governed by Section 39.2, and except for fossil fuel mining
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1 facilities, the granting of a permit under this Act shall not
2 relieve the applicant from meeting and securing all necessary
3 zoning approvals from the unit of government having zoning
4 jurisdiction over the proposed facility.
5 Before beginning construction on any new sewage treatment
6 plant or sludge drying site to be owned or operated by a
7 sanitary district organized under the Metropolitan Water
8 Reclamation District Act for which a new permit (rather than
9 the renewal or amendment of an existing permit) is required,
10 such sanitary district shall hold a public hearing within the
11 municipality within which the proposed facility is to be
12 located, or within the nearest community if the proposed
13 facility is to be located within an unincorporated area, at
14 which information concerning the proposed facility shall be
15 made available to the public, and members of the public shall
16 be given the opportunity to express their views concerning
17 the proposed facility.
18 The Agency may issue a permit for a municipal waste
19 transfer station without requiring approval pursuant to
20 Section 39.2 provided that the following demonstration is
21 made:
22 (1) the municipal waste transfer station was in
23 existence on or before January 1, 1979 and was in
24 continuous operation from January 1, 1979 to January 1,
25 1993;
26 (2) the operator submitted a permit application to
27 the Agency to develop and operate the municipal waste
28 transfer station during April of 1994;
29 (3) the operator can demonstrate that the county
30 board of the county, if the municipal waste transfer
31 station is in an unincorporated area, or the governing
32 body of the municipality, if the station is in an
33 incorporated area, does not object to resumption of the
34 operation of the station; and
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1 (4) the site has local zoning approval.
2 (d) The Agency may issue RCRA permits exclusively under
3 this subsection to persons owning or operating a facility for
4 the treatment, storage, or disposal of hazardous waste as
5 defined under this Act.
6 All RCRA permits shall contain those terms and
7 conditions, including but not limited to schedules of
8 compliance, which may be required to accomplish the purposes
9 and provisions of this Act. The Agency may include among
10 such conditions standards and other requirements established
11 under this Act, Board regulations, the Resource Conservation
12 and Recovery Act of 1976 (P.L. 94-580), as amended, and
13 regulations pursuant thereto, and may include schedules for
14 achieving compliance therewith as soon as possible. The
15 Agency shall require that a performance bond or other
16 security be provided as a condition for the issuance of a
17 RCRA permit.
18 In the case of a permit to operate a hazardous waste or
19 PCB incinerator as defined in subsection (k) of Section 44,
20 the Agency shall require, as a condition of the permit, that
21 the operator of the facility perform such analyses of the
22 waste to be incinerated as may be necessary and appropriate
23 to ensure the safe operation of the incinerator.
24 The Agency shall adopt filing requirements and procedures
25 which are necessary and appropriate for the issuance of RCRA
26 permits, and which are consistent with the Act or regulations
27 adopted by the Board, and with the Resource Conservation and
28 Recovery Act of 1976 (P.L. 94-580), as amended, and
29 regulations pursuant thereto.
30 The applicant shall make available to the public for
31 inspection all documents submitted by the applicant to the
32 Agency in furtherance of an application, with the exception
33 of trade secrets, at the office of the county board or
34 governing body of the municipality. Such documents may be
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1 copied upon payment of the actual cost of reproduction during
2 regular business hours of the local office. The Agency shall
3 issue a written statement concurrent with its grant or denial
4 of the permit explaining the basis for its decision.
5 (e) The Agency may issue UIC permits exclusively under
6 this subsection to persons owning or operating a facility for
7 the underground injection of contaminants as defined under
8 this Act.
9 All UIC permits shall contain those terms and conditions,
10 including but not limited to schedules of compliance, which
11 may be required to accomplish the purposes and provisions of
12 this Act. The Agency may include among such conditions
13 standards and other requirements established under this Act,
14 Board regulations, the Safe Drinking Water Act (P.L. 93-523),
15 as amended, and regulations pursuant thereto, and may include
16 schedules for achieving compliance therewith. The Agency
17 shall require that a performance bond or other security be
18 provided as a condition for the issuance of a UIC permit.
19 The Agency shall adopt filing requirements and procedures
20 which are necessary and appropriate for the issuance of UIC
21 permits, and which are consistent with the Act or regulations
22 adopted by the Board, and with the Safe Drinking Water Act
23 (P.L. 93-523), as amended, and regulations pursuant thereto.
24 The applicant shall make available to the public for
25 inspection, all documents submitted by the applicant to the
26 Agency in furtherance of an application, with the exception
27 of trade secrets, at the office of the county board or
28 governing body of the municipality. Such documents may be
29 copied upon payment of the actual cost of reproduction during
30 regular business hours of the local office. The Agency shall
31 issue a written statement concurrent with its grant or denial
32 of the permit explaining the basis for its decision.
33 (f) In making any determination pursuant to Section 9.1
34 of this Act:
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1 (1) The Agency shall have authority to make the
2 determination of any question required to be determined
3 by the Clean Air Act, as now or hereafter amended, this
4 Act, or the regulations of the Board, including the
5 determination of the Lowest Achievable Emission Rate,
6 Maximum Achievable Control Technology, or Best Available
7 Control Technology, consistent with the Board's
8 regulations, if any.
9 (2) The Agency shall, after conferring with the
10 applicant, give written notice to the applicant of its
11 proposed decision on the application including the terms
12 and conditions of the permit to be issued and the facts,
13 conduct or other basis upon which the Agency will rely to
14 support its proposed action.
15 (3) Following such notice, the Agency shall give
16 the applicant an opportunity for a hearing in accordance
17 with the provisions of Sections 10-25 through 10-60 of
18 the Illinois Administrative Procedure Act.
19 (g) The Agency shall include as conditions upon all
20 permits issued for hazardous waste disposal sites such
21 restrictions upon the future use of such sites as are
22 reasonably necessary to protect public health and the
23 environment, including permanent prohibition of the use of
24 such sites for purposes which may create an unreasonable risk
25 of injury to human health or to the environment. After
26 administrative and judicial challenges to such restrictions
27 have been exhausted, the Agency shall file such restrictions
28 of record in the Office of the Recorder of the county in
29 which the hazardous waste disposal site is located.
30 (h) A hazardous waste stream may not be deposited in a
31 permitted hazardous waste site unless specific authorization
32 is obtained from the Agency by the generator and disposal
33 site owner and operator for the deposit of that specific
34 hazardous waste stream. The Agency may grant specific
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1 authorization for disposal of hazardous waste streams only
2 after the generator has reasonably demonstrated that,
3 considering technological feasibility and economic
4 reasonableness, the hazardous waste cannot be reasonably
5 recycled for reuse, nor incinerated or chemically, physically
6 or biologically treated so as to neutralize the hazardous
7 waste and render it nonhazardous. In granting authorization
8 under this Section, the Agency may impose such conditions as
9 may be necessary to accomplish the purposes of the Act and
10 are consistent with this Act and regulations promulgated by
11 the Board hereunder. If the Agency refuses to grant
12 authorization under this Section, the applicant may appeal as
13 if the Agency refused to grant a permit, pursuant to the
14 provisions of subsection (a) of Section 40 of this Act. For
15 purposes of this subsection (h), the term "generator" has the
16 meaning given in Section 3.12 of this Act, unless: (1) the
17 hazardous waste is treated, incinerated, or partially
18 recycled for reuse prior to disposal, in which case the last
19 person who treats, incinerates, or partially recycles the
20 hazardous waste prior to disposal is the generator; or (2)
21 the hazardous waste is from a response action, in which case
22 the person performing the response action is the generator.
23 This subsection (h) does not apply to any hazardous waste
24 that is restricted from land disposal under 35 Ill. Adm. Code
25 728.
26 (i) Before issuing any RCRA permit or any permit for the
27 conduct of any waste-transportation or waste-disposal
28 operation, the Agency shall conduct an evaluation of the
29 prospective operator's prior experience in waste management
30 operations. The Agency may deny such a permit if the
31 prospective operator or any employee or officer of the
32 prospective operator has a history of:
33 (1) repeated violations of federal, State, or local
34 laws, regulations, standards, or ordinances in the
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1 operation of refuse disposal facilities or sites; or
2 (2) conviction in this or another State of any
3 crime which is a felony under the laws of this State, or
4 conviction of a felony in a federal court; or
5 (3) proof of gross carelessness or incompetence in
6 handling, storing, processing, transporting or disposing
7 of any hazardous waste.
8 (j) The issuance under this Act of a permit to engage in
9 the surface mining of any resources other than fossil fuels
10 shall not relieve the permittee from its duty to comply with
11 any applicable local law regulating the commencement,
12 location or operation of surface mining facilities.
13 (k) A development permit issued under subsection (a) of
14 Section 39 for any facility or site which is required to have
15 a permit under subsection (d) of Section 21 shall expire at
16 the end of 2 calendar years from the date upon which it was
17 issued, unless within that period the applicant has taken
18 action to develop the facility or the site. In the event that
19 review of the conditions of the development permit is sought
20 pursuant to Section 40 or 41, or permittee is prevented from
21 commencing development of the facility or site by any other
22 litigation beyond the permittee's control, such two-year
23 period shall be deemed to begin on the date upon which such
24 review process or litigation is concluded.
25 (l) No permit shall be issued by the Agency under this
26 Act for construction or operation of any facility or site
27 located within the boundaries of any setback zone established
28 pursuant to this Act, where such construction or operation is
29 prohibited.
30 (m) The Agency may issue permits to persons owning or
31 operating a facility for composting landscape waste. In
32 granting such permits, the Agency may impose such conditions
33 as may be necessary to accomplish the purposes of this Act,
34 and as are not inconsistent with applicable regulations
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1 promulgated by the Board. Except as otherwise provided in
2 this Act, a bond or other security shall not be required as a
3 condition for the issuance of a permit. If the Agency denies
4 any permit pursuant to this subsection, the Agency shall
5 transmit to the applicant within the time limitations of this
6 subsection specific, detailed statements as to the reasons
7 the permit application was denied. Such statements shall
8 include but not be limited to the following:
9 (1) the Sections of this Act that may be violated
10 if the permit were granted;
11 (2) the specific regulations promulgated pursuant
12 to this Act that may be violated if the permit were
13 granted;
14 (3) the specific information, if any, the Agency
15 deems the applicant did not provide in its application to
16 the Agency; and
17 (4) a statement of specific reasons why the Act and
18 the regulations might be violated if the permit were
19 granted.
20 If no final action is taken by the Agency within 90 days
21 after the filing of the application for permit, the applicant
22 may deem the permit issued. Any applicant for a permit may
23 waive the 90 day limitation by filing a written statement
24 with the Agency.
25 The Agency shall issue permits for such facilities upon
26 receipt of an application that includes a legal description
27 of the site, a topographic map of the site drawn to the scale
28 of 200 feet to the inch or larger, a description of the
29 operation, including the area served, an estimate of the
30 volume of materials to be processed, and documentation that:
31 (1) the facility includes a setback of at least 200
32 feet from the nearest potable water supply well;
33 (2) the facility is located outside the boundary of
34 the 10-year floodplain or the site will be floodproofed;
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1 (3) the facility is located so as to minimize
2 incompatibility with the character of the surrounding
3 area, including at least a 200 foot setback from any
4 residence, and in the case of a facility that is
5 developed or the permitted composting area of which is
6 expanded after November 17, 1991, the composting area is
7 located at least 1/8 mile from the nearest residence
8 (other than a residence located on the same property as
9 the facility);
10 (4) the design of the facility will prevent any
11 compost material from being placed within 5 feet of the
12 water table, will adequately control runoff from the
13 site, and will collect and manage any leachate that is
14 generated on the site;
15 (5) the operation of the facility will include
16 appropriate dust and odor control measures, limitations
17 on operating hours, appropriate noise control measures
18 for shredding, chipping and similar equipment, management
19 procedures for composting, containment and disposal of
20 non-compostable wastes, procedures to be used for
21 terminating operations at the site, and recordkeeping
22 sufficient to document the amount of materials received,
23 composted and otherwise disposed of; and
24 (6) the operation will be conducted in accordance
25 with any applicable rules adopted by the Board.
26 The Agency shall issue renewable permits of not longer
27 than 10 years in duration for the composting of landscape
28 wastes, as defined in Section 3.70 of this Act, based on the
29 above requirements.
30 The operator of any facility permitted under this
31 subsection (m) must submit a written annual statement to the
32 Agency on or before April 1 of each year that includes an
33 estimate of the amount of material, in tons, received for
34 composting.
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1 (n) The Agency shall issue permits jointly with the
2 Department of Transportation for the dredging or deposit of
3 material in Lake Michigan in accordance with Section 18 of
4 the Rivers, Lakes, and Streams Act.
5 (o) From September 4, 1990 until December 31, 1993, no
6 permit shall be issued by the Agency for the development or
7 construction of any new facility intended to be used for the
8 incineration of any hazardous waste. This subsection shall
9 not apply to facilities intended for use for combustion of
10 potentially infectious medical waste, for use as part of a
11 State or federally designated clean-up action, or for use
12 solely for the conduct of research and the development and
13 demonstration of technologies for the incineration of
14 hazardous waste.
15 (p) (1) Any person submitting an application for a
16 permit for a new MSWLF unit or for a lateral expansion under
17 subsection (t) of Section 21 of this Act for an existing
18 MSWLF unit that has not received and is not subject to local
19 siting approval under Section 39.2 of this Act shall publish
20 notice of the application in a newspaper of general
21 circulation in the county in which the MSWLF unit is or is
22 proposed to be located. The notice must be published at
23 least 15 days before submission of the permit application to
24 the Agency. The notice shall state the name and address of
25 the applicant, the location of the MSWLF unit or proposed
26 MSWLF unit, the nature and size of the MSWLF unit or proposed
27 MSWLF unit, the nature of the activity proposed, the probable
28 life of the proposed activity, the date the permit
29 application will be submitted, and a statement that persons
30 may file written comments with the Agency concerning the
31 permit application within 30 days after the filing of the
32 permit application unless the time period to submit comments
33 is extended by the Agency.
34 When a permit applicant submits information to the Agency
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1 to supplement a permit application being reviewed by the
2 Agency, the applicant shall not be required to reissue the
3 notice under this subsection.
4 (2) The Agency shall accept written comments concerning
5 the permit application that are postmarked no later then 30
6 days after the filing of the permit application, unless the
7 time period to accept comments is extended by the Agency.
8 (3) Each applicant for a permit described in part (1) of
9 this subsection shall file a copy of the permit application
10 with the county board or governing body of the municipality
11 in which the MSWLF unit is or is proposed to be located at
12 the same time the application is submitted to the Agency.
13 The permit application filed with the county board or
14 governing body of the municipality shall include all
15 documents submitted to or to be submitted to the Agency,
16 except trade secrets as determined under Section 7.1 of this
17 Act. The permit application and other documents on file with
18 the county board or governing body of the municipality shall
19 be made available for public inspection during regular
20 business hours at the office of the county board or the
21 governing body of the municipality and may be copied upon
22 payment of the actual cost of reproduction.
23 (Source: P.A. 88-45; 88-293; 88-320; 88-447; 88-464; 88-496;
24 88-670, eff. 12-2-94; 88-681, eff. 12-22-94; 89-487, eff.
25 6-21-96; 89-556, eff. 7-26-96; revised 8-19-96.)
26 (415 ILCS 5/57.14)
27 Sec. 57.14. Advisory Committee; regulations.
28 (a) There is hereby established an Underground Storage
29 Tank Advisory Committee which shall consist of one member
30 from the Illinois State Chamber of Commerce, one member from
31 the Illinois Manufacturers Association, one member from the
32 Illinois Petroleum Council, 2 members from the Illinois
33 Petroleum Marketers Association, and one member from the
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1 Consulting Engineers Council of Illinois.
2 (b) Within 6 months after the effective date of this
3 amendatory Act of 1993, the Agency, after consultation with
4 the Underground Storage Tank Advisory Committee, shall
5 propose regulations prescribing procedures and standards for
6 its administration of this Title. Within 6 months after
7 receipt of the Agency's proposed regulations, the Board shall
8 adopt, pursuant to Sections 27 and 28 of this Act,
9 regulations which are consistent with this Title. The
10 regulations, at a minimum, shall specify all of the
11 following:
12 (1) Criteria for determining indicator contaminants
13 based on the type of petroleum stored in an underground
14 storage tank. If no groundwater standard exists for an
15 indicator contaminant, the regulations shall specify
16 procedures to define and quantify appropriate groundwater
17 objectives.
18 (2) Types of corrective action activities which are
19 eligible for payment.
20 (3) Costs which are not corrective action costs.
21 (4) Procedures for requesting payment for
22 corrective action costs and information necessary to
23 complete such requests.
24 (5) Procedures for requesting submitting corrective
25 action plans and budgets under this Title and the
26 information necessary to complete such plans and budgets.
27 (6) Procedures for determining and collecting
28 excess payments.
29 (7) In the case of plans or reports submitted to
30 the Agency under this Title, the proposed and final
31 regulations shall specify procedures for the review of
32 plans or reports. A payment application that certifies
33 that a corrective action program was completed in
34 accordance with an approved proposal or report and at or
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1 below the approved budget amount shall be deemed approved
2 unless the Agency has reason to believe that the
3 certification is fraudulent.
4 (c) Until such time as the regulations required under
5 this Section take effect, the Agency shall administer its
6 activities under this Title in accordance with the provisions
7 therein.
8 (d) Members of the advisory committee may organize
9 themselves as they deem necessary. Members shall serve
10 without compensation but shall be reimbursed for their
11 expenses from Underground Storage Tank Fund.
12 (e) By September 15, 1996, Within 6 months after the
13 effective date of this amendatory Act of 1995, the Agency
14 shall propose regulations in accordance with item (2) (B) of
15 subsection (b) of Section 57.7, subsection (b) of Section
16 57.8, and subsection (f) of Section 57.10. Within 6 months
17 after receipt of the Agency's proposed regulations, the Board
18 shall adopt, under Sections 27 and 28 of this Act, rules that
19 are consistent with item (2) (B) of subsection (b) of Section
20 57.7, subsection (b) of Section 57.8, and subsection (f) of
21 Section 57.10.
22 (Source: P.A. 88-496; 89-428, eff. 1-1-96; 89-457, eff.
23 5-22-96; revised 5-24-96.)
24 Section 2-210. The Environmental Impact Fee Law is
25 amended by changing Sections 310 and 320 as follows:
26 (415 ILCS 125/310)
27 (Section scheduled to be repealed on January 1, 2003)
28 Sec. 310. Environmental impact fee; imposition.
29 Beginning January 1, 1996, all receivers of fuel are subject
30 to an environmental impact fee of $60 per 7,500 gallons of
31 fuel, or an equivalent amount per fraction thereof, that is
32 sold or used in Illinois. The fee shall be paid by the
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1 receiver in this State who first sells or uses the fuel. The
2 environmental impact fee imposed by this Law replaces the fee
3 imposed under the corresponding provisions of Article 3 of
4 Public Act 89-428. Environmental impact fees paid under that
5 Article 3 shall satisfy the receiver's corresponding
6 liability under this Law.
7 A receiver of fuels is subject to the fee without regard
8 to whether the fuel is intended to be used for operation of
9 motor vehicles on the public highways and waters. However,
10 no fee shall be imposed upon the importation or receipt of
11 aviation fuels and kerosene at airports with over 170,000
12 operations per year, located in a city of more than 1,000,000
13 inhabitants, for sale to or use by holders of certificates of
14 public convenience and necessity or foreign air carrier
15 permits, issued by the United States Department of
16 Transportation, and their air carrier affiliates, or upon the
17 importation or receipt of aviation fuels and kerosene at
18 facilities owned or leased by those certificate or permit
19 holders and used in their activities at an airport described
20 above. In addition, no fee may be imposed upon the
21 importation or receipt of diesel fuel by a rail carrier
22 registered under Section 18c-7201 of the Illinois Vehicle
23 Code and used directly in railroad operations. In addition,
24 no fee may be imposed when the sale is made with delivery to
25 a purchaser outside this State or when the sale is made to a
26 person holding a valid license as a receiver. In addition,
27 no fee shall be imposed upon diesel fuel consumed or used in
28 the operation of ships, barges, or vessels, that are used
29 primarily in or for the transportation of property in
30 interstate commerce for hire on rivers bordering on this
31 State, if the diesel fuel is delivered by a licensed receiver
32 to the purchaser's barge, ship, or vessel while it is afloat
33 upon that bordering river. A specific notation thereof shall
34 be made on the invoices or sales slips covering each sale.
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1 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
2 89-468, eff. 1-1-97; revised 10-31-96.)
3 (415 ILCS 125/320)
4 (Section scheduled to be repealed on January 1, 2003)
5 Sec. 320. Deposit of fee receipts. All money received
6 by the Department under this Law shall be deposited in the
7 Underground Storage Tank Fund created by Section 57.11 22.13
8 of the Environmental Protection Act.
9 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96;
10 revised 5-24-96.)
11 Section 2-215. The Humane Care for Animals Act is
12 amended by changing Section 16 as follows:
13 (510 ILCS 70/16) (from Ch. 8, par. 716)
14 Sec. 16. Violations; punishment; injunctions.
15 (a) Any person convicted of violating Sections 5, 5.01,
16 or 6 of this Act or any rule, regulation, or order of the
17 Department pursuant thereto, is guilty of a Class C
18 misdemeanor.
19 (b) (1) This subsection (b) does not apply where the
20 only animals involved in the violation are dogs.
21 (2) Any person convicted of violating subsection
22 (a), (b), (c) or (h) of Section 4.01 of this Act or any
23 rule, regulation, or order of the Department pursuant
24 thereto, is guilty of a Class A misdemeanor.
25 (3) A second or subsequent offense involving the
26 violation of subsection (a), (b) or (c) of Section 4.01
27 of this Act or any rule, regulation, or order of the
28 Department pursuant thereto is a Class 4 felony.
29 (4) Any person convicted of violating subsection
30 (d), (e) or (f) of Section 4.01 of this Act or any rule,
31 regulation, or order of the Department pursuant thereto,
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1 is guilty of a Class B misdemeanor.
2 (5) Any person convicted of violating subsection
3 (g) of Section 4.01 of this Act or any rule, regulation,
4 or order of the Department pursuant thereto is guilty of
5 a Class C misdemeanor.
6 (c) (1) This subsection (c) applies exclusively where
7 the only animals involved in the violation are dogs.
8 (2) Any person convicted of violating subsection
9 (a), (b) or (c) of Section 4.01 of this Act or any rule,
10 regulation or order of the Department pursuant thereto is
11 guilty of a Class 4 felony and may be fined an amount not
12 to exceed $50,000.
13 (3) Any person convicted of violating subsection
14 (d), (e) or (f) of Section 4.01 of this Act or any rule,
15 regulation or order of the Department pursuant thereto is
16 guilty of Class A misdemeanor, if such person knew or
17 should have known that the device or equipment under
18 subsection (d) or (e) of that Section or the site,
19 structure or facility under subsection (f) of that
20 Section was to be used to carry out a violation where the
21 only animals involved were dogs. Where such person did
22 not know or should not reasonably have been expected to
23 know that the only animals involved in the violation were
24 dogs, the penalty shall be same as that provided for in
25 paragraph (4) of subsection (b).
26 (4) Any person convicted of violating subsection
27 (g) of Section 4.01 of this Act or any rule, regulation
28 or order of the Department pursuant thereto is guilty of
29 a Class C misdemeanor.
30 (5) A second or subsequent violation of subsection
31 (a), (b) or (c) of Section 4.01 of this Act or any rule,
32 regulation or order of the Department pursuant thereto is
33 a Class 3 felony. A second or subsequent violation of
34 subsection (d), (e) or (f) of Section 4.01 of this Act or
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1 any rule, regulation or order of the Department adopted
2 pursuant thereto is a Class 3 felony, if in each
3 violation the person knew or should have known that the
4 device or equipment under subsection (d) or (e) of that
5 Section or the site, structure or facility under
6 subsection (f) of that Section was to be used to carry
7 out a violation where the only animals involved were
8 dogs. Where such person did not know or should not
9 reasonably have been expected to know that the only
10 animals involved in the violation were dogs, a second or
11 subsequent violation of subsection (d), (e) or (f) of
12 Section 4.01 of this Act or any rule, regulation or order
13 of the Department adopted pursuant thereto is a Class A
14 misdemeanor. A second or subsequent violation of
15 subsection (g) is a Class B misdemeanor.
16 (6) Any person convicted of violating Section 3.01
17 of this Act is guilty of a Class C misdemeanor. A second
18 conviction for a violation of Section 3.01 is a Class B
19 misdemeanor. A third or subsequent conviction for a
20 violation of Section 3.01 is a Class A misdemeanor.
21 (7) Any person convicted of violating Section 4.03
22 is guilty of a Class B misdemeanor.
23 (8) Any person convicted of violating Section 4.04
24 is guilty of a Class A misdemeanor where the dog is not
25 killed or totally disabled, but if the dog is killed or
26 totally disabled such person shall be guilty of a Class 4
27 felony.
28 (8.5) A person convicted of violating subsection
29 (a) of Section 7.15 is guilty of a Class B misdemeanor.
30 A person convicted of violating subsection (b) or (c) of
31 Section 7.15 is (i) guilty of a Class A misdemeanor if
32 the dog is not killed or totally disabled and (ii) if the
33 dog is killed or totally disabled, guilty of a Class 4
34 felony and may be ordered by the court to make
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1 restitution to the disabled person having custody or
2 ownership of the dog for veterinary bills and replacement
3 costs of the dog.
4 (9) Any person convicted of violating any other
5 provision of this Act, or any rule, regulation, or order
6 of the Department pursuant thereto, is guilty of a Class
7 C misdemeanor with every day that a violation continues
8 constituting a separate offense.
9 (d) Any person convicted of violating Section 7.1 is
10 guilty of a petty offense. A second or subsequent conviction
11 for a violation of Section 7.1 is a Class C misdemeanor.
12 (e) Any person convicted of violating Section 3.02 is
13 guilty of a Class A misdemeanor.
14 The Department may enjoin a person from a continuing
15 violation of this Act.
16 (Source: P.A. 88-66; 88-600, eff. 9-1-94; 89-455, eff.
17 5-20-96; 89-689, eff. 12-31-96; revised 1-14-97.)
18 Section 2-220. The Illinois Forestry Development Act is
19 amended by changing Section 6a as follows:
20 (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
21 (Section scheduled to be repealed on December 31, 1998)
22 Sec. 6a. Illinois Forestry Development Council.
23 (a) The Illinois Forestry Development Council is hereby
24 recreated.
25 (b) The Council shall consist of 24 members appointed as
26 follows:
27 (1) four members of the General Assembly, one
28 appointed by the President of the Senate, one appointed
29 by the Senate Minority Leader, one appointed by the
30 Speaker of the House of Representatives, and one
31 appointed by the House Minority Leader;
32 (2) one member appointed by the Governor to
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1 represent the Governor;
2 (3) the Directors of the Departments of Natural
3 Resources, Agriculture, and Commerce and Community
4 Affairs, the Executive Director of the Illinois Farm
5 Development Authority, and the Director of the Office of
6 Rural Affairs, or their designees;
7 (4) the chairman of the Department of Forestry or a
8 forestry academician, appointed by the Dean of
9 Agriculture at Southern Illinois University at
10 Carbondale;
11 (5) the head of the Department of Natural Resources
12 and Environmental Sciences or a forestry academician,
13 appointed by the Dean of Agriculture at the University of
14 Illinois;
15 (6) two members, appointed by the Governor, who
16 shall be private timber growers;
17 (7) one member, appointed by the president of the
18 Illinois Wood Products Association, who shall be involved
19 in primary forestry industry;
20 (8) one member, appointed by the president of the
21 Illinois Wood Products Association, who shall be involved
22 in secondary forestry industry;
23 (9) one member who is actively involved in
24 environmental issues, appointed by the Governor;
25 (10) the president of the Association of Illinois
26 Soil and Water Conservation Districts;
27 (11) two persons who are actively engaged in
28 farming, appointed by the Governor;
29 (12) one member, appointed by the Governor, whose
30 primary area of expertise is urban forestry;
31 (13) one member appointed by the President of the
32 Illinois Arborists Association;
33 (14) The Supervisor of the Shawnee National Forest
34 and the United States Department of Agriculture Natural
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1 Resource Conservation Service's State Conservationist, ex
2 officio, or their designees.
3 (c) Members of the Council shall serve without
4 compensation but shall be reimbursed for actual expenses
5 incurred in the performance of their duties which are not
6 otherwise reimbursed.
7 (d) The Council shall select from its membership a
8 chairperson and such other officers as it considers
9 necessary.
10 (e) Other individuals, agencies and organizations may be
11 invited to participate as deemed advisable by the Council.
12 (f) The Council shall study and evaluate the forestry
13 resources and forestry industry of Illinois. The Council
14 shall:
15 (1) determine the magnitude, nature and extent of
16 the State's forestry resources;
17 (2) determine current uses and project future
18 demand for forest products, services and benefits in
19 Illinois;
20 (3) determine and evaluate the ownership
21 characteristics of the State's forests, the motives for
22 forest ownership and the success of incentives necessary
23 to stimulate development of forest resources;
24 (4) determine the economic development and
25 management opportunities that could result from
26 improvements in local and regional forest product
27 marketing and from the establishment of new or additional
28 wood-related businesses in Illinois;
29 (5) confer with and offer assistance to the
30 Illinois Farm Development Authority relating to its
31 implementation of forest industry assistance programs
32 authorized by the "Illinois Farm Development Act";
33 (6) determine the opportunities for increasing
34 employment and economic growth through development of
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1 forest resources;
2 (7) determine the effect of current governmental
3 policies and regulations on the management of woodlands
4 and the location of wood products markets;
5 (8) determine the staffing and funding needs for
6 forestry and other conservation programs to support and
7 enhance forest resources development;
8 (9) determine the needs of forestry education
9 programs in this State;
10 (10) confer with and offer assistance to the
11 Department of Natural Resources relating to the
12 implementation of urban forestry assistance grants
13 pursuant to the "Urban and Community Forestry Assistance
14 Act"; and
15 (11) determine soil and water conservation benefits
16 and wildlife habitat enhancement opportunities that can
17 be promoted through approved forestry management plans.
18 (g) The Council shall report its findings and
19 recommendations for future State action to the General
20 Assembly no later than July 1, 1988.
21 (h) This Section 6a is repealed December 31, 1998.
22 (Source: P.A. 89-445, eff. 2-7-96; 89-626, eff. 8-9-96;
23 revised 10-3-96.)
24 Section 2-225. The Illinois Vehicle Code is amended by
25 changing Sections 2-119, 3-412, 11-408, 15-102, 18c-1104, and
26 18c-3204, setting forth and renumbering multiple versions of
27 Sections 3-629, 3-631, and 3-632, and renumbering Sections
28 1201.1 and 11.1427 as follows:
29 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
30 Sec. 2-119. Disposition of fees and taxes.
31 (a) All moneys received from Salvage Certificates shall
32 be deposited in the Common School Fund in the State Treasury.
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1 (b) Beginning January 1, 1990 and concluding December
2 31, 1994, of the money collected for each certificate of
3 title, duplicate certificate of title and corrected
4 certificate of title, $0.50 shall be deposited into the Used
5 Tire Management Fund. Beginning January 1, 1990 and
6 concluding December 31, 1994, of the money collected for each
7 certificate of title, duplicate certificate of title and
8 corrected certificate of title, $1.50 shall be deposited in
9 the Park and Conservation Fund. Beginning January 1, 1995,
10 of the money collected for each certificate of title,
11 duplicate certificate of title and corrected certificate of
12 title, $2 shall be deposited in the Park and Conservation
13 Fund. The moneys deposited in the Park and Conservation Fund
14 pursuant to this Section shall be used for the acquisition
15 and development of bike paths as provided for in Section
16 63a36 of the Civil Administrative Code of Illinois. Except as
17 otherwise provided in this Code, all remaining moneys
18 collected for certificates of title, and all moneys collected
19 for filing of security interests, shall be placed in the
20 General Revenue Fund in the State Treasury.
21 (c) All moneys collected for that portion of a driver's
22 license fee designated for driver education under Section
23 6-118 shall be placed in the Driver Education Fund in the
24 State Treasury.
25 (d) Prior to December 28, 1989, of the monies collected
26 as a registration fee for each motorcycle, motor driven cycle
27 and motorized pedalcycle, $4 of each annual registration fee
28 for such vehicle and $2 of each semiannual registration fee
29 for such vehicle is deposited in the Cycle Rider Safety
30 Training Fund. Beginning on December 28, 1989 and until
31 January 1, 1992, of the monies collected as a registration
32 fee for each motorcycle, motor driven cycle and motorized
33 pedalcycle, $6 of each annual registration fee for such
34 vehicle and $3 of each semiannual registration fee for such
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1 vehicle shall be deposited in the Cycle Rider Safety Training
2 Fund.
3 Beginning January 1, 1992 and until January 1, 1994, of
4 the monies collected as a registration fee for each
5 motorcycle, motor driven cycle and motorized pedalcycle, $7
6 of each annual registration fee for such vehicle and $3.50 of
7 each semiannual registration fee for such vehicle is
8 deposited in the Cycle Rider Safety Training Fund.
9 Beginning January 1, 1994, of the monies collected as a
10 registration fee for each motorcycle, motor driven cycle and
11 motorized pedalcycle, $8 of each annual registration fee for
12 such vehicle and $4 of each semiannual registration fee for
13 such vehicle is deposited in the Cycle Rider Safety Training
14 Fund.
15 (e) Of the monies received by the Secretary of State as
16 registration fees or taxes or as payment of any other fee, as
17 provided in this Act, except fees received by the Secretary
18 under paragraph (7) of subsection (b) of Section 5-101 and
19 Section 5-109 of this Code, 37% shall be deposited into the
20 State Construction Fund.
21 (f) Of the total money collected for a CDL instruction
22 permit or original or renewal issuance of a commercial
23 driver's license (CDL) pursuant to the Uniform Commercial
24 Driver's License Act (UCDLA), $6 of the total fee for an
25 original or renewal CDL, and $6 of the total CDL instruction
26 permit fee when such permit is issued to any person holding a
27 valid Illinois driver's license, shall be paid into the
28 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
29 Information System/American Association of Motor Vehicle
30 Administrators network Trust Fund) and shall be used for the
31 purposes provided in Section 6z-23 of the State Finance Act.
32 (g) All remaining moneys received by the Secretary of
33 State as registration fees or taxes or as payment of any
34 other fee, as provided in this Act, except fees received by
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1 the Secretary under paragraph (7) of subsection (b) of
2 Section 5-101 and Section 5-109 of this Code, shall be
3 deposited in the Road Fund in the State Treasury. Moneys in
4 the Road Fund shall be used for the purposes provided in
5 Section 8.3 of the State Finance Act.
6 (h) (Blank).
7 (i) (Blank).
8 (j) (Blank).
9 (k) There is created in the State Treasury a special
10 fund to be known as the Secretary of State Special License
11 Plate Fund. Money deposited into the Fund shall, subject to
12 appropriation, be used by the Office of the Secretary of
13 State (i) to help defray plate manufacturing and plate
14 processing costs for the issuance and, when applicable,
15 renewal of any new or existing special registration plates
16 authorized under this Code and (ii) for grants made by the
17 Secretary of State to benefit Illinois Veterans Home
18 libraries.
19 On or before October 1, 1995, the Secretary of State
20 shall direct the State Comptroller and State Treasurer to
21 transfer any unexpended balance in the Special Environmental
22 License Plate Fund, the Special Korean War Veteran License
23 Plate Fund, and the Retired Congressional License Plate Fund
24 to the Secretary of State Special License Plate Fund.
25 (l) The Motor Vehicle Review Board Fund is created as a
26 special fund in the State Treasury. Moneys deposited into
27 the Fund under paragraph (7) of subsection (b) of Section
28 5-101 and Section 5-109 shall, subject to appropriation, be
29 used by the Office of the Secretary of State to administer
30 the Motor Vehicle Review Board, including without limitation
31 payment of compensation and all necessary expenses incurred
32 in administering the Motor Vehicle Review Board under the
33 Motor Vehicle Franchise Act.
34 (m) Effective July 1, 1996, there is created in the
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1 State Treasury a special fund to be known as the Family
2 Responsibility Fund. Moneys deposited into the Fund shall,
3 subject to appropriation, be used by the Office of the
4 Secretary of State for the purpose of enforcing the Family
5 Financial Responsibility Law.
6 (n) (k) The Illinois Fire Fighters' Memorial Fund is
7 created as a special fund in the State Treasury. Moneys
8 deposited into the Fund shall, subject to appropriation, be
9 used by the Office of the State Fire Marshal for construction
10 of the Illinois Fire Fighters' Memorial to be located at the
11 State Capitol grounds in Springfield, Illinois. Upon the
12 completion of the Memorial, the Office of the State Fire
13 Marshal shall certify to the State Treasurer that
14 construction of the Memorial has been completed.
15 (Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
16 eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
17 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
18 8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
19 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
20 Sec. 3-412. Registration plates and registration
21 stickers to be furnished by the Secretary of State.
22 (a) The Secretary of State upon registering a vehicle
23 subject to annual registration for the first time shall
24 issue or shall cause to be issued to the owner one
25 registration plate for a motorcycle, trailer, semitrailer,
26 motorized pedalcycle or truck-tractor, 2 registration plates
27 for other motor vehicles and, where applicable, current
28 registration stickers for motor vehicles of the first
29 division. The provisions of this Section may be made
30 applicable to such vehicles of the second division, as the
31 Secretary of State may, from time to time, in his discretion
32 designate. On subsequent annual registrations during the term
33 of the registration plate as provided in Section 3-414.1, the
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1 Secretary shall issue or cause to be issued registration
2 stickers as evidence of current registration. However, the
3 issuance of annual registration stickers to vehicles
4 registered under the provisions of Section 3-402.1 of this
5 Code may not be required if the Secretary deems the issuance
6 unnecessary.
7 (b) Every registration plate shall have displayed upon
8 it the registration number assigned to the vehicle for which
9 it is issued, the name of this State, which may be
10 abbreviated, the year number for which it was issued, which
11 may be abbreviated, the phrase "Land of Lincoln", except as
12 provided in Sections 3-626, Section 3-629, 3-633, 3-634,
13 3-637, and 3-638 and Section 3-631, and such other letters or
14 numbers as the Secretary may prescribe. However, for
15 apportionment plates issued to vehicles registered under
16 Section 3-402.1, the phrase "Land of Lincoln" may be omitted
17 to allow for the word "apportioned" to be displayed. The
18 Secretary may in his discretion prescribe that letters be
19 used as prefixes only on registration plates issued to
20 vehicles of the first division which are registered under
21 this Code and only as suffixes on registration plates issued
22 to other vehicles. Every registration sticker issued as
23 evidence of current registration shall designate the year
24 number for which it is issued and such other letters or
25 numbers as the Secretary may prescribe and shall be of a
26 contrasting color with the registration plates and
27 registration stickers of the previous year.
28 (c) Each registration plate and the required letters and
29 numerals thereon, except the year number for which issued,
30 shall be of sufficient size to be plainly readable from a
31 distance of 100 feet during daylight, and shall be coated
32 with reflectorizing material. The dimensions of the plate
33 issued to vehicles of the first division shall be 6 by 12
34 inches.
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1 (d) The Secretary of State shall issue for every
2 passenger motor vehicle rented without a driver the same type
3 of registration plates as the type of plates issued for a
4 private passenger vehicle.
5 (e) The Secretary of State shall issue for every
6 passenger car used as a taxicab or livery, distinctive
7 registration plates.
8 (f) The Secretary of State shall issue for every
9 motorcycle distinctive registration plates distinguishing
10 between motorcycles having 150 or more cubic centimeters
11 piston displacement, or having less than 150 cubic centimeter
12 piston displacement.
13 (g) Registration plates issued to vehicles for-hire may
14 display a designation as determined by the Secretary that
15 such vehicles are for-hire.
16 (h) The Secretary of State shall issue for each electric
17 vehicle distinctive registration plates which shall
18 distinguish between electric vehicles having a maximum
19 operating speed of 45 miles per hour or more and those having
20 a maximum operating speed of less than 45 miles per hour.
21 (i) The Secretary of State shall issue for every public
22 and private ambulance registration plates identifying the
23 vehicle as an ambulance. The Secretary shall forward to the
24 Department of Public Aid registration information for the
25 purpose of verification of claims filed with the Department
26 by ambulance owners for payment for services to public
27 assistance recipients.
28 (j) The Secretary of State shall issue for every public
29 and private medical carrier or rescue vehicle livery
30 registration plates displaying numbers within ranges of
31 numbers reserved respectively for medical carriers and rescue
32 vehicles. The Secretary shall forward to the Department of
33 Public Aid registration information for the purpose of
34 verification of claims filed with the Department by owners of
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1 medical carriers or rescue vehicles for payment for services
2 to public assistance recipients.
3 (Source: P.A. 88-45; 88-485; 89-424, eff. 6-1-96; 89-564,
4 eff. 7-1-97; 89-612, eff. 8-9-96; 89-621, eff. 1-1-97;
5 89-639, eff. 1-1-97; revised 9-9-96.)
6 (625 ILCS 5/3-629)
7 Sec. 3-629. Collegiate license plates; scholarship fund.
8 (a) In addition to any other special license plate, the
9 Secretary, upon receipt of all applicable fees and
10 applications made in the form prescribed by the Secretary of
11 State, may issue collegiate license plates. The collegiate
12 plates issued under this Section shall be affixed only to
13 passenger vehicles of the first division and motor vehicles
14 of the second division weighing not more than 8,000 pounds
15 and subject to the staggered registration system. Plates
16 issued under this Section shall expire according to the
17 staggered multi-year procedure established under Section
18 3-414.1 of this Code.
19 (b) The design, color, and format of the plates shall be
20 wholly within the discretion of the Secretary of State. The
21 Secretary of State may, at his or her discretion, issue the
22 plates for any public or degree-granting, not-for-profit
23 private college or university located in this State. The
24 Secretary may, in his or her discretion, allow the plates to
25 be issued as vanity plates or personalized in accordance with
26 Section 3-405.1 of this Code. The plates are not required to
27 designate "Land Of Lincoln", as prescribed in subsection (b)
28 of Section 3-412 of this Code. The Secretary shall prescribe
29 the eligibility requirements including a minimum level of
30 specialized license plates requests and, in his or her
31 discretion, shall approve and prescribe stickers or decals as
32 provided under Section 3-412.
33 (c) An applicant shall be charged a $40 fee for original
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1 issuance in addition to the applicable registration fee. Of
2 the original issuance fee in the case of a public university
3 or college, $25 shall be deposited into the State College and
4 University Trust Fund and $15 shall be deposited into the
5 Secretary of State Special License Plate Fund to be used by
6 the Secretary of State, subject to appropriation, to help
7 defray the administrative costs of issuing the plate. Of the
8 original issuance fee in the case of a degree-granting,
9 not-for-profit private college or university, $25 shall be
10 deposited into the University Grant Fund and $15 shall be
11 deposited into the Secretary of State Special License Plate
12 Fund to be used by the Secretary of State, subject to
13 appropriation, to help defray the administrative cost of
14 issuing the plate. In addition to the regular renewal fee,
15 an applicant shall be charged $27 for the renewal of each set
16 of license plates issued under this Section; $25 shall be
17 deposited into the State College and University Trust Fund in
18 the case of a public university or college or into the
19 University Grant Fund in the case of a degree-granting,
20 not-for-profit private college or university, and $2 shall be
21 deposited into the Secretary of State Special License Plate
22 Fund plates for all collegiate plates.
23 (d) The State College and University Trust Fund is
24 created as a special fund in the State treasury. All moneys
25 in the State College and University Trust Fund shall be
26 distributed on January 1 of each year to each public
27 university or college in proportion to the number of plates
28 sold in regard to that university or college according to
29 subsection (c) for administration of the Higher Education
30 License Plate Grant program. Moneys deposited into the State
31 College and University Trust Fund shall be distributed to the
32 public university or college for the sole purpose of
33 scholarship grant awards.
34 (e) The University Grant Fund is created as a special
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1 fund in the State treasury. All moneys in the University
2 Grant Fund shall be appropriated to the Illinois Student
3 Assistance Commission to make grants under the Higher
4 Education License Plate Grant Program.
5 (Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96.)
6 (625 ILCS 5/3-631)
7 Sec. 3-631. Sportsmen Series license plate.
8 (a) The Secretary, upon receipt of an application made
9 in the form prescribed by the Secretary of State, may issue
10 special registration plates designated to be Sportsmen Series
11 license plates. The special plates issued under this Section
12 shall be affixed only to passenger vehicles of the first
13 division, motor vehicles of the second division weighing not
14 more than 8,000 pounds, and recreational vehicles as defined
15 by Section 1-169 of this Code. Plates issued under this
16 Section shall expire according to the multi-year procedure
17 established by Section 3-414.1 of this Code.
18 (b) The design and color of the plates shall be wholly
19 within the discretion of the Secretary of State. Appropriate
20 documentation, as determined by the Secretary, shall
21 accompany the application. The Secretary may, in his or her
22 discretion, allow the plates to be issued as vanity or
23 personalized plates in accordance with Section 3-405.1 of
24 this Code.
25 (c) An applicant shall be charged a $40 fee for original
26 issuance in addition to the appropriate registration fee, if
27 applicable. Of this fee, $25 shall be deposited into the
28 Illinois Habitat Fund and $15 shall be deposited into the
29 Secretary of State Special License Plate Fund, to be used by
30 the Secretary of State to help defray the administrative
31 processing costs. For each registration renewal period, a
32 $27 fee, in addition to the appropriate registration fee,
33 shall be charged. Of this fee, $25 shall be deposited into
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1 the Illinois Habitat Fund and $2 shall be deposited into the
2 Secretary of State Special License Plate Fund.
3 (Source: P.A. 89-611, eff. 1-1-97.)
4 (625 ILCS 5/3-632)
5 Sec. 3-632. Wildlife Prairie Park license plate.
6 (a) The Secretary, upon receipt of an application made
7 in the form prescribed by the Secretary of State, may issue
8 special registration plates to be designated Wildlife Prairie
9 Park license plates. The special plates issued under this
10 Section shall be affixed only to passenger vehicles of the
11 first division, motor vehicles of the second division
12 weighing not more than 8,000 pounds, and recreational
13 vehicles as defined by Section 1-169 of this Code. Plates
14 issued under this Section shall expire according to the
15 multi-year procedure established by Section 3-414.1 of this
16 Code.
17 (b) The design and color of the plates shall be wholly
18 within the discretion of the Secretary of State. Appropriate
19 documentation, as determined by the Secretary, shall
20 accompany the application. The Secretary may, in his or her
21 discretion, allow the plates to be issued as vanity or
22 personalized plates in accordance with Section 3-405.1 of
23 this Code.
24 (c) An applicant shall be charged a $40 fee for original
25 issuance in addition to the appropriate registration fee, if
26 applicable. Of this fee, $25 shall be deposited into the
27 Wildlife Prairie Park Fund and $15 shall be deposited into
28 the Secretary of State Special License Plate Fund, to be used
29 by the Secretary of State to help defray the administrative
30 processing costs. For each registration renewal period, a
31 $27 fee, in addition to the appropriate registration fee,
32 shall be charged. Of this fee, $25 shall be deposited into
33 the Wildlife Prairie Park Fund and $2 shall be deposited into
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1 the Secretary of State Special License Plate Fund.
2 (Source: P.A. 89-611, eff. 1-1-97.)
3 (625 ILCS 5/3-633)
4 Sec. 3-633. 3-631. Universal Charitable Organization
5 license plate.
6 (a) In addition to any other special license plate, the
7 Secretary, upon receipt of all applicable fees and
8 applications made in the form prescribed by the Secretary of
9 State, may issue Universal Charitable Organization license
10 plates to residents of Illinois on behalf of organizations
11 that meet the requirements of Title 26, Section 501(c)(3) of
12 the United States Code formed for any bona fide charitable,
13 benevolent, philanthropic, or patriotic purpose. The
14 Secretary of State may prescribe rules establishing
15 additional eligibility criteria for charitable organizations
16 under this Section. The special Universal Charitable
17 Organization plate issued under this Section shall be affixed
18 only to passenger vehicles of the first division and motor
19 vehicles of the second division weighing not more than 8,000
20 pounds. Plates issued under this Section shall expire
21 according to the staggered multi-year procedure established
22 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. The
25 plates are not required to designate "Land of Lincoln", as
26 prescribed in subsection (b) of Section 3-412 of this Code.
27 Charitable organizations deemed eligible by the Secretary of
28 State shall design charitable decals to be affixed on plates
29 issued under this Section. The Secretary may prescribe rules
30 governing the requirements and approval of charitable decals.
31 (c) An applicant shall be charged a $15 fee for original
32 issuance in addition to the applicable registration fee.
33 This additional fee shall be deposited into the Secretary of
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1 State Special License Plate Fund. For each registration
2 renewal period, a $2 fee, in addition to the appropriate
3 registration fee, shall be charged and shall be deposited
4 into the Secretary of State Special License Plate Fund.
5 Charitable organizations may establish a fee for the purchase
6 of their charitable decal and shall report by July 31 of each
7 year to the Secretary of State Vehicle Services Department
8 the sticker fee, the number of charitable decals sold, the
9 total revenue received from the sale of charitable decals
10 during the previous fiscal year, and any other information
11 deemed necessary by the Secretary of State.
12 (Source: P.A. 89-564, eff. 7-1-97; revised 10-8-96.)
13 (625 ILCS 5/3-634)
14 Sec. 3-634. 3-629. Illinois Fire Fighters' License
15 Plate.
16 (a) The Secretary, upon receipt of an application made
17 in the form prescribed by the Secretary of State, may issue
18 special registration plates designated to be Illinois Fire
19 Fighters' Memorial license plates. The special plates issued
20 under this Section shall be affixed only to passenger
21 vehicles of the first division, motor vehicles of the second
22 division weighing not more than 8,000 pounds, recreational
23 vehicles as defined in Section 1-169 of this Code, and
24 subject to the staggered registration system. Plates issued
25 under this Section shall expire according to the multi-year
26 procedure established by Section 3-414.1 of this Code.
27 (b) The design and color of the plates shall be wholly
28 within the discretion of the Secretary of State. The
29 Secretary of State may, in his or her discretion, allow the
30 plates to be issued as vanity plates or personalized in
31 accordance with Section 3-405.1 of this Code. The plates are
32 not required to designate "Land of Lincoln", as prescribed in
33 subsection (b) of Section 3-412 of this Code. The Secretary
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1 of State shall prescribe stickers or decals as provided under
2 Section 3-412.
3 (c) An applicant shall be charged a $27 fee for original
4 issuance in addition to the applicable registration fee. Of
5 this additional fee, $15 shall be deposited into the
6 Secretary of State Special License Plate Fund and $12 shall
7 be deposited into the Illinois Fire Fighters' Memorial Fund.
8 For each registration renewal period, a $17 fee, in addition
9 to the appropriate registration fee, shall be charged. Of
10 this fee, $2 shall be deposited into the Secretary of State
11 Special License Plate Fund and $15 shall be deposited into
12 the Illinois Fire Fighters' Memorial Fund.
13 (Source: P.A. 89-612, eff. 8-9-96; revised 10-8-96.)
14 (625 ILCS 5/3-635)
15 Sec. 3-635. 3-631. Master Mason plates.
16 (a) The Secretary, upon receipt of all applicable fees
17 and applications made in the form prescribed by the
18 Secretary, may issue special registration plates designated
19 as Master Mason license plates.
20 The special plates issued under this Section shall be
21 affixed only to passenger vehicles of the first division or
22 motor vehicles of the second division weighing not more than
23 8,000 pounds.
24 Plates issued under this Section shall expire according
25 to the multi-year procedure established by Section 3-414.1 of
26 this Code.
27 (b) The design and color of the special plates shall be
28 wholly within the discretion of the Secretary. Appropriate
29 documentation, as determined by the Secretary, shall
30 accompany each application.
31 (c) An applicant for the special plate shall be charged
32 a $25 fee for original issuance in addition to the
33 appropriate registration fee. Of this fee, $10 shall be
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1 deposited into the Master Mason Fund and $15 shall be
2 deposited into the Secretary of State Special License Plate
3 Fund, to be used by the Secretary to help defray the
4 administrative processing costs.
5 For each registration renewal period, a $25 fee, in
6 addition to the appropriate registration fee, shall be
7 charged. Of this fee, $23 shall be deposited into the Master
8 Mason Fund and $2 shall be deposited into the Secretary of
9 State Special License Plate Fund.
10 (d) The Master Mason Fund is created as a special fund
11 in the State treasury. All money in the Master Mason Fund
12 shall be paid, subject to appropriation by the General
13 Assembly and approval by the Secretary, as grants to The
14 Illinois Masonic Foundation for the Prevention of Drug and
15 Alcohol Abuse Among Children, Inc., a not-for-profit
16 corporation, for the purpose of providing Model Student
17 Assistance Programs in public and private schools in
18 Illinois.
19 (Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)
20 (625 ILCS 5/3-636)
21 Sec. 3-636. 3-632. Knights of Columbus plates.
22 (a) The Secretary, upon receipt of all applicable fees
23 and applications made in the form prescribed by the
24 Secretary, may issue special registration plates designated
25 as Knights of Columbus license plates.
26 The special plates issued under this Section shall be
27 affixed only to passenger vehicles of the first division or
28 motor vehicles of the second division weighing not more than
29 8,000 pounds.
30 Plates issued under this Section shall expire according
31 to the multi-year procedure established by Section 3-414.1 of
32 this Code.
33 (b) The design and color of the special plates shall be
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1 wholly within the discretion of the Secretary. Appropriate
2 documentation, as determined by the Secretary, shall
3 accompany each application.
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 Knights of Columbus 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 $25 fee, in
12 addition to the appropriate registration fee, shall be
13 charged. Of this fee, $23 shall be deposited into the
14 Knights of Columbus Fund and $2 shall be deposited into the
15 Secretary of State Special License Plate Fund.
16 (d) The Knights of Columbus Fund is created as a special
17 fund in the State treasury. All money in the Knights of
18 Columbus Fund shall be paid, subject to appropriation by the
19 General Assembly and approval by the Secretary, as grants for
20 charitable purposes sponsored by the Knights of Columbus.
21 (Source: P.A. 89-620, eff. 1-1-97; revised 10-8-96.)
22 (625 ILCS 5/3-637)
23 Sec. 3-637. 3-631. D.A.R.E. license plate.
24 (a) The Secretary, upon receipt of an application made
25 in the form prescribed by the Secretary of State, may issue
26 special registration plates designated to be D.A.R.E. (Drug
27 Abuse Resistance Education) license plates. The special
28 plates issued under this Section shall be affixed only to
29 passenger vehicles of the first division, motor vehicles of
30 the second division weighing not more than 8,000 pounds, and
31 recreational vehicles as defined by Section 1-169 of this
32 Code. Plates issued under this Section shall expire according
33 to the multi-year procedure established by Section 3-414.1 of
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1 this Code.
2 (b) The design and color of the plates shall be wholly
3 within the discretion of the Secretary of State. Appropriate
4 documentation, as determined by the Secretary, shall
5 accompany the application. The Secretary may, in his or her
6 discretion, allow the plates to be issued as vanity or
7 personalized plates in accordance with Section 3-405.1 of
8 this Code.
9 (c) An applicant shall be charged a $45 fee for original
10 issuance in addition to the appropriate registration fee, if
11 applicable. Of this fee, $10 shall be deposited into the
12 State D.A.R.E. Fund; $10 shall be deposited into the County
13 D.A.R.E. Fund if the county, as indicated by the applicant's
14 address, has a D.A.R.E. program, otherwise the $10 fee shall
15 be deposited into the State D.A.R.E. Fund; $10 shall be
16 deposited into the Municipal D.A.R.E. Fund if the
17 municipality, as indicated by the applicant's address, has a
18 D.A.R.E. program, otherwise the $10 fee shall be deposited
19 into the County D.A.R.E. Fund if the county, as indicated by
20 the applicant's address, has a D.A.R.E. program, otherwise
21 the $10 fee shall be deposited into the State D.A.R.E. Fund;
22 and $15 shall be deposited into the Secretary of State
23 Special License Plate Fund.
24 For each registration renewal period, a $29 fee, in
25 addition to the appropriate registration fee, shall be
26 charged. Of this fee, $9 shall be deposited into the State
27 D.A.R.E. Fund; $9 shall be deposited into the County D.A.R.E.
28 Fund if the county, as indicated by the applicant's address,
29 has a D.A.R.E. program, otherwise the $9 fee shall be
30 deposited into the State D.A.R.E. Fund; $9 shall be deposited
31 into the Municipal D.A.R.E. Fund if the municipality, as
32 indicated by the applicant's address, has a D.A.R.E. program,
33 otherwise the $9 fee shall be deposited into the County
34 D.A.R.E. Fund if the county, as indicated by the applicant's
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1 address, has a D.A.R.E. program, otherwise the $9 fee shall
2 be deposited into the State D.A.R.E. Fund; and $2 shall be
3 deposited into the Secretary of State Special License Plate
4 Fund.
5 (d) The State D.A.R.E. Fund is created as a special fund
6 in the State Treasury. All money in the State D.A.R.E. Fund
7 shall be distributed, subject to appropriation by the General
8 Assembly, to the Illinois State Police for its D.A.R.E.
9 program.
10 The County D.A.R.E. Fund is created as a special fund in
11 the State Treasury. All money in the County D.A.R.E. Fund
12 shall be distributed, subject to appropriation by the General
13 Assembly, to the Illinois State Police. The Illinois State
14 Police shall make grants of this money to counties for their
15 D.A.R.E. programs based on the proportion of money the County
16 D.A.R.E. Fund has received from each county, as indicated by
17 the applicant's address.
18 The Municipal D.A.R.E. Fund is created as a special fund
19 in the State Treasury. All money in the Municipal D.A.R.E.
20 Fund shall be distributed, subject to appropriation by the
21 General Assembly, to the Illinois State Police. The Illinois
22 State Police shall make grants of this money to
23 municipalities for their D.A.R.E. programs based on the
24 proportion of money the Municipal D.A.R.E. Fund has received
25 from each municipality, as indicated by the applicant's
26 address.
27 (Source: P.A. 89-621, eff. 1-1-97; revised 10-8-96.)
28 (625 ILCS 5/3-638)
29 Sec. 3-638. 3-631. U.S. Veteran License Plates.
30 (a) In addition to any other special license plate, the
31 Secretary, upon receipt of all applicable fees and
32 applications made in the form prescribed by the Secretary of
33 State, may issue U.S. Veteran license plates to residents of
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1 Illinois who meet eligibility requirements prescribed by the
2 Secretary of State. The special U.S. Veteran plate issued
3 under this Section shall be affixed only to passenger
4 vehicles of the first division and motor vehicles of the
5 second division weighing not more than 8,000 pounds. Plates
6 issued under this Section shall expire according to the
7 staggered multi-year procedure established by Section 3-414.1
8 of this Code.
9 (b) The design, color, and format of the plates shall be
10 wholly within the discretion of the Secretary of State. The
11 Secretary may, in his or her discretion, allow the plates to
12 be issued as vanity plates or personalized in accordance with
13 Section 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 shall prescribe
16 the eligibility requirements and, in his or her discretion,
17 shall approve and prescribe stickers or decals as provided
18 under Section 3-412.
19 (c) An applicant shall be charged a $15 fee for original
20 issuance in addition to the applicable registration fee.
21 This additional fee shall be deposited into the Secretary of
22 State Special License Plate Fund. For each registration
23 renewal period, a $2 fee, in addition to the appropriate
24 registration fee, shall be charged and shall be deposited
25 into the Secretary of State Special License Plate Fund.
26 (Source: P.A. 89-639, eff. 1-1-97; revised 10-8-96.)
27 (625 ILCS 5/11-408) (from Ch. 95 1/2, par. 11-408)
28 Sec. 11-408. Police to report motor vehicle accident
29 investigations.
30 (a) Every law enforcement officer who investigates a
31 motor vehicle accident for which a report is required by this
32 Article or who prepares a written report as a result of an
33 investigation either at the time and scene of such motor
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1 vehicle accident or thereafter by interviewing participants
2 or witnesses shall forward a written report of such motor
3 vehicle accident to the Administrator on forms provided by
4 the Administrator under Section 11-411 within 10 days after
5 investigation of the motor vehicle accident, or within such
6 other time as is prescribed by the Administrator. Such
7 written reports required to be forwarded by law enforcement
8 officers and the information contained therein are privileged
9 as to the Secretary of State and the Department and, in the
10 case of second division vehicles operated under certificate
11 of convenience and necessity issued by the Illinois Commerce
12 Commission, to the Commission, but shall not be held
13 confidential by the reporting law enforcement officer or
14 agency. The Secretary of State may also disclose notations
15 of accident involvement maintained on individual driving
16 records. However, the Administrator or the Secretary of
17 State may require a supplemental written report from the
18 reporting law enforcement officer and such supplemental
19 report shall be for the privileged use of the Secretary of
20 State and the Department and shall be held confidential.
21 (b) The Department at its discretion may require a
22 supplemental written report from the reporting law
23 enforcement officer on a form supplied by the Department to
24 be submitted directly to the Department. Such supplemental
25 report may be used only for accident studies and statistical
26 or analytical purposes, and shall be for the privileged use
27 of the Department and shall be held confidential.
28 (c) The Department at its discretion may also provide
29 for in-depth investigations of a motor vehicle accident by
30 individuals or special investigation groups, including but
31 not limited to police officers, photographers, engineers,
32 doctors, mechanics, and as a result of the investigation may
33 require the submission of written reports, photographs,
34 charts, sketches, graphs, or a combination of all. Such
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1 individual written reports, photographs, charts, sketches, or
2 graphs may be used only for accident studies and statistical
3 or analytical purposes, shall be for the privileged use of
4 the Department and held confidential, and shall not be used
5 in any trial, civil or criminal.
6 (d) On and after July 1, 1997, law enforcement officers
7 who have reason to suspect that the motor vehicle accident
8 was the result of a driver's loss of consciousness due to a
9 medical condition, as defined by the Driver's License Medical
10 Review Law of 1992, or the result of any medical condition
11 that impaired the driver's ability to safely operate a motor
12 vehicle shall notify the Secretary of this determination.
13 The Secretary, in conjunction with the Driver's License
14 Medical Advisory Board, shall determine by administrative
15 rule the temporary conditions not required to be reported
16 under the provisions of this Section. The Secretary shall,
17 in conjunction with the Illinois State Police and
18 representatives of local and county law enforcement agencies,
19 promulgate any rules necessary and develop the procedures and
20 documents that may be required to obtain written, electronic,
21 or other agreed upon methods of notification to implement the
22 provisions of this Section.
23 (e) Law enforcement officers reporting under the
24 provisions of subsection (d) of this Section shall enjoy the
25 same immunities granted members of the Driver's License
26 Medical Advisory Board under Section 6-910 of this Code.
27 (f) All information furnished to the Secretary under
28 subsection (d) of this Section shall be deemed confidential
29 and for the privileged use of the Secretary in accordance
30 with the provisions of subsection (j) of Section 2-123 of
31 this Code.
32 (Source: P.A. 89-503, eff. 7-1-96; 89-584, eff. 7-31-96;
33 revised 8-26-96.)
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1 (625 ILCS 5/11-1201.1)
2 Sec. 11-1201.1. 1201.1. Automated Railroad Crossing
3 Enforcement System.
4 (a) For the purposes of this Section, an automated
5 railroad grade crossing enforcement system is a system
6 operated by a law enforcement agency that records a driver's
7 response to automatic, electrical or mechanical signal
8 devices and crossing gates. The system shall be designed to
9 obtain a clear photograph or other recorded image of the
10 vehicle, vehicle operator and the vehicle registration plate
11 of a vehicle in violation of Section 11-1201. The photograph
12 or other recorded image shall also display the time, date and
13 location of the violation.
14 (b) Commencing on January 1, 1996, the Illinois Commerce
15 Commission and the Commuter Rail Board of the Regional
16 Transportation Authority shall, in cooperation with local law
17 enforcement agencies, establish a two year pilot program
18 within a county with a population of between 750,000 and
19 1,000,000 using an automated railroad grade crossing
20 enforcement system. The Commission shall determine the 3
21 railroad grade crossings within that county that pose the
22 greatest threat to human life based upon the number of
23 accidents and fatalities at the crossings during the past 5
24 years and with approval of the local law enforcement agency
25 equip the crossings with an automated railroad grade crossing
26 enforcement system.
27 (c) For each violation of Section 11-1201 recorded by an
28 automatic railroad grade crossing system, the local law
29 enforcement agency having jurisdiction shall issue a written
30 Uniform Traffic Citation of the violation to the registered
31 owner of the vehicle. The Uniform Traffic Citation shall be
32 delivered to the registered owner, by mail, within 30 days of
33 the violation. The Uniform Traffic Citation shall include
34 the name and address of vehicle owner, the vehicle
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1 registration number, the offense charged, the time, date, and
2 location of the violation, the first available court date and
3 that the basis of the citation is the photograph or other
4 recorded image from the automated railroad grade crossing
5 enforcement system.
6 (d) The Uniform Traffic Citation issued to the violator
7 shall be accompanied by a written document which explains the
8 violator's rights and obligations and how the violator can
9 elect to proceed by either paying the fine or challenging the
10 issuance of the Uniform Traffic Citation.
11 (e) Any photograph or other recorded image evidencing a
12 violation of Section 11-1201 shall be admissible in any
13 proceeding resulting from the issuance of the Uniform Traffic
14 Citation. Photographs or recorded images made by an
15 automatic railroad grade crossing enforcement system shall be
16 confidential, and shall be made available only to the
17 defendant, governmental and law enforcement agencies for the
18 purposes of adjudicating a violation of Section 11-1201 of
19 the Illinois Vehicle Code.
20 (f) Rail crossings equipped with an automatic railroad
21 grade crossing enforcement system shall be posted with a sign
22 visible to approaching traffic stating that the railroad
23 grade crossing is being monitored, that citations will be
24 issued, and the amount of the fine for violation.
25 (g) The cost of the installation and maintenance of each
26 automatic railroad grade crossing enforcement system shall be
27 paid from the Grade Crossing Protection Fund if the rail line
28 is not owned by Commuter Rail Board of the Regional
29 Transportation Authority. If the rail line is owned by the
30 Commuter Rail Board of the Regional Transportation Authority,
31 the costs of the installation and maintenance shall be paid
32 from the Regional Transportation Authority's portion of the
33 Public Transportation Fund.
34 (h) The Illinois Commerce Commission shall issue a
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1 report to the General Assembly at the conclusion of the two
2 year pilot program on the effectiveness of the automatic
3 railroad grade crossing enforcement system.
4 (Source: P.A. 89-454, eff. 5-17-96; revised 5-24-96.)
5 (625 ILCS 5/11-1427)
6 Sec. 11-1427. 11.1427. It is unlawful for any person to
7 drive or operate any all-terrain vehicle or off-highway
8 motorcycle in the following ways:
9 (a) Careless Operation. No person shall operate any
10 all-terrain vehicle or off-highway motorcycle in a careless
11 or heedless manner so as to be grossly indifferent to the
12 person or property of other persons, or at a rate of speed
13 greater than will permit him in the exercise of reasonable
14 care to bring the all-terrain vehicle or off-highway
15 motorcycle to a stop within the assured clear distance ahead.
16 (b) Reckless Operation. No person shall operate any
17 all-terrain vehicle or off-highway motorcycle in such a
18 manner as to endanger the life, limb or property of any
19 person.
20 (c) Within any nature preserve as defined in Section
21 3.11 of the Illinois Natural Areas Preservation Act.
22 (d) On the tracks or right of way of an operating
23 railroad.
24 (e) In any tree nursery or planting in a manner which
25 damages or destroys growing stock, or creates a substantial
26 risk thereto.
27 (f) On private property, without the written or verbal
28 consent of the owner or lessee thereof. Any person operating
29 an all-terrain vehicle or off-highway motorcycle upon lands
30 of another shall stop and identify himself upon the request
31 of the landowner or his duly authorized representative, and,
32 if requested to do so by the landowner shall promptly remove
33 the all-terrain vehicle or off-highway motorcycle from the
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1 premises.
2 (g) Notwithstanding any other law to the contrary, an
3 owner, lessee, or occupant of premises owes no duty of care
4 to keep the premises safe for entry or use by others for use
5 by an all-terrain vehicle or off-highway motorcycle, or to
6 give warning of any condition, use, structure or activity on
7 such premises.
8 Nothing in this subsection limits in any way liability
9 which otherwise exists for willful or malicious failure to
10 guard or warn against a dangerous condition, use, structure,
11 or activity.
12 (h) On publicly owned lands unless such lands are
13 designated for use by all-terrain vehicles or off-highway
14 motorcycles. For publicly owned lands to be designated for
15 use by all-terrain vehicles or off-highway motorcycles a
16 public hearing shall be conducted by the governmental entity
17 that has jurisdiction over the proposed land prior to the
18 designation.
19 Nothing in this subsection limits in any way liability
20 which otherwise exists for willful or malicious failure to
21 guard or warn against a dangerous condition, use, structure,
22 or activity.
23 (i) Other Prohibitions.
24 (1) No person, except persons permitted by law,
25 shall operate or ride any all-terrain vehicle or
26 off-highway motorcycle with any firearm in his possession
27 unless it is unloaded and enclosed in a carrying case, or
28 any bow unless it is unstrung or rendered unable to fire
29 and is in a carrying case.
30 (2) No person shall operate any all-terrain vehicle
31 or off-highway motorcycle emitting pollutants in
32 violation of standards established pursuant to the
33 Environmental Protection Act.
34 (3) No person shall deposit from an all-terrain
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1 vehicle or off-highway motorcycle on the snow, ice or
2 ground surface, trash, glass, garbage, insoluble
3 material, or other offensive matter.
4 (Source: P.A. 86-1091; revised 1-6-97.)
5 (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
6 Sec. 15-102. Width of Vehicles.
7 (a) Except as otherwise provided in this Section or this
8 Code, the total outside width of any vehicle or load thereon
9 shall not exceed 8 feet.
10 (b) Except during those times when, due to insufficient
11 light or unfavorable atmospheric conditions, persons and
12 vehicles on the highway are not clearly discernible at a
13 distance of 1000 feet, the following vehicles may exceed the
14 8 feet limitation during the period from a half hour before
15 sunrise to a half hour after sunset:
16 (1) Loads of hay, straw or other similar farm
17 products provided that the load is not more than 12 feet
18 wide.
19 (2) Implements of husbandry being transported on
20 another vehicle and the transporting vehicle while
21 loaded.
22 The following requirements apply to the
23 transportation on another vehicle of an implement of
24 husbandry wider than 8 feet 6 inches on the National
25 System of Interstate and Defense Highways or other
26 highways in the system of State highways:
27 (A) The driver of a vehicle transporting an
28 implement of husbandry that exceeds 8 feet 6 inches
29 in width shall obey all traffic laws and shall check
30 the roadways prior to making a movement in order to
31 ensure that adequate clearance is available for the
32 movement. It is prima facie evidence that the
33 driver of a vehicle transporting an implement of
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1 husbandry has failed to check the roadway prior to
2 making a movement if the vehicle is involved in a
3 collision with a bridge, overpass, fixed structure,
4 or properly placed traffic control device or if the
5 vehicle blocks traffic due to its inability to
6 proceed because of a bridge, overpass, fixed
7 structure, or properly placed traffic control
8 device.
9 (B) Flags shall be displayed so as to wave
10 freely at the extremities of overwidth objects and
11 at the extreme ends of all protrusions, projections,
12 and overhangs. All flags shall be clean, bright red
13 flags with no advertising, wording, emblem, or
14 insignia inscribed upon them and at least 18 inches
15 square.
16 (C) "OVERSIZE LOAD" signs are mandatory on the
17 front and rear of all vehicles with loads over 10
18 feet wide. These signs must have 12-inch high black
19 letters with a 2-inch stroke on a yellow sign that
20 is 7 feet wide by 18 inches high.
21 (D) One civilian escort vehicle is required
22 for a load that exceeds 14 feet 6 inches in width
23 and 2 civilian escort vehicles are required for a
24 load that exceeds 16 feet in width on the National
25 System of Interstate and Defense Highways or other
26 highways in the system of State highways.
27 (E) The requirements for a civilian escort
28 vehicle and driver are as follows:
29 (1) The civilian escort vehicle shall be
30 a passenger car or a second division vehicle
31 not exceeding a gross vehicle weight of 8,000
32 pounds that is designed to afford clear and
33 unobstructed vision to both front and rear.
34 (2) The escort vehicle driver must be
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1 properly licensed to operate the vehicle.
2 (3) While in use, the escort vehicle must
3 be equipped with illuminated rotating,
4 oscillating, or flashing amber lights or
5 flashing amber strobe lights mounted on top
6 that are of sufficient intensity to be visible
7 at 500 feet in normal sunlight.
8 (4) "OVERSIZE LOAD" signs are mandatory
9 on all escort vehicles. The sign on an escort
10 vehicle shall have 8-inch high black letters on
11 a yellow sign that is 5 feet wide by 12 inches
12 high.
13 (5) When only one escort vehicle is
14 required and it is operating on a two-lane
15 highway, the escort vehicle shall travel
16 approximately 300 feet ahead of the load. The
17 rotating, oscillating, or flashing lights or
18 flashing amber strobe lights and an "OVERSIZE
19 LOAD" sign shall be displayed on the escort
20 vehicle and shall be visible from the front.
21 When only one escort vehicle is required and it
22 is operating on a multilane divided highway,
23 the escort vehicle shall travel approximately
24 300 feet behind the load and the sign and
25 lights shall be visible from the rear.
26 (6) When 2 escort vehicles are required,
27 one escort shall travel approximately 300 feet
28 ahead of the load and the second escort shall
29 travel approximately 300 feet behind the load.
30 The rotating, oscillating, or flashing lights
31 or flashing amber strobe lights and an
32 "OVERSIZE LOAD" sign shall be displayed on the
33 escort vehicles and shall be visible from the
34 front on the lead escort and from the rear on
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1 the trailing escort.
2 (7) When traveling within the corporate
3 limits of a municipality, the escort vehicle
4 shall maintain a reasonable and proper distance
5 from the oversize load, consistent with
6 existing traffic conditions.
7 (8) A separate escort shall be provided
8 for each load hauled.
9 (9) The driver of an escort vehicle shall
10 obey all traffic laws.
11 (10) The escort vehicle must be in safe
12 operational condition.
13 (11) The driver of the escort vehicle
14 must be in radio contact with the driver of the
15 vehicle carrying the oversize load.
16 (F) A transport vehicle while under load of
17 more than 8 feet 6 inches in width must be equipped
18 with illuminated rotating, oscillating, or flashing
19 amber lights or flashing amber strobe lights mounted
20 on the top of the cab or on the load that are of
21 sufficient intensity to be visible at 500 feet in
22 normal sunlight.
23 (G) When a flashing amber light is required on
24 the transport vehicle under load and it is operating
25 on a two-lane highway, the transport vehicle shall
26 display to the rear at least one rotating,
27 oscillating, or flashing light or a flashing amber
28 strobe light and an "OVERSIZE LOAD" sign. When a
29 flashing amber light is required on the transport
30 vehicle under load and it is operating on a
31 multilane divided highway, the sign and light shall
32 be visible from the rear.
33 (H) Maximum speed shall be 45 miles per hour
34 on all such moves or 5 miles per hour above the
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1 posted minimum speed limit, whichever is greater,
2 but the vehicle shall not at any time exceed the
3 posted maximum speed limit.
4 (3) Portable buildings designed and used for
5 agricultural and livestock raising operations that are
6 not more than 14 feet wide and with not more than a 1
7 foot overhang along the left side of the hauling vehicle.
8 However, the buildings shall not be transported more than
9 10 miles and not on any route that is part of the
10 National System of Interstate and Defense Highways.
11 All buildings when being transported shall display at
12 least 2 red cloth flags, not less than 12 inches square,
13 mounted as high as practicable on the left and right side of
14 the building.
15 A State Police escort shall be required if it is
16 necessary for this load to use part of the left lane when
17 crossing any 2 laned State highway bridge.
18 (c) Vehicles propelled by electric power obtained from
19 overhead trolley wires operated wholly within the corporate
20 limits of a municipality are also exempt from the width
21 limitation.
22 (d) Exemptions are also granted to vehicles designed for
23 the carrying of more than 10 persons under the following
24 conditions:
25 (1) (Blank);
26 (2) When operated within any public transportation
27 service with the approval of local authorities or an
28 appropriate public body authorized by law to provide
29 public transportation. Any vehicle so operated may be 8
30 feet 6 inches in width; or
31 (3) When a county engineer or superintendent of
32 highways, after giving due consideration to the mass
33 transportation needs of the area and to the width and
34 condition of the road, has determined that the operation
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1 of buses wider than 8 feet will not pose an undue safety
2 hazard on a particular county or township road segment,
3 he or she may authorize buses not to exceed 8 feet 6
4 inches in width on any highway under that engineer's or
5 superintendent's jurisdiction.
6 (e) A vehicle and load traveling upon the National
7 System of Interstate and Defense Highways or any other
8 highway in the system of State highways that has been
9 designated as a Class I or Class II highway by the
10 Department, or any street or highway designated by local
11 authorities or road district commissioners, may have a total
12 outside width of 8 feet 6 inches, provided that certain
13 safety devices that the Department determines as necessary
14 for the safe and efficient operation of motor vehicles shall
15 not be included in the calculation of width.
16 Vehicles operating under this paragraph (e) shall have
17 access for a distance of one highway mile to or from a Class
18 I highway on any street or highway, unless there is a sign
19 prohibiting the access, or 5 highway miles to or from a Class
20 I or II highway on a street or highway included in the system
21 of State highways and upon any street or highway designated
22 by local authorities or road district commissioners, without
23 additional fees, to points of loading and unloading and to
24 facilities for food, fuel, repairs and rest. In addition, any
25 trailer or semitrailer not exceeding 28 feet 6 inches in
26 length, that was originally in combination with a truck
27 tractor, and all household goods carriers, when operating
28 under paragraph (e), shall have access to points of loading
29 and unloading.
30 Section 5-35 of the Illinois Administrative Procedure Act
31 relating to procedures for rulemaking shall not apply to the
32 designation of highways under this paragraph (e).
33 (f) Mirrors required by Section 12-502 of this Code and
34 other safety devices identified by the Department may project
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1 up to 14 inches beyond each side of a bus and up to 6 inches
2 beyond each side of any other vehicle, and that projection
3 shall not be deemed a violation of the width restrictions of
4 this Section.
5 (g) Any person who is convicted of violating this
6 Section is subject to the penalty as provided in paragraph
7 (b) of Section 15-113.
8 (Source: P.A. 88-45; 88-476; 88-517; 88-589, eff. 8-14-94;
9 88-670, eff. 12-2-94; 88-675, eff. 12-14-94; 88-684, eff.
10 1-24-95; 89-551, eff. 1-1-97; 89-658, eff. 1-1-97; revised
11 9-3-96.)
12 (625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
13 Sec. 18c-1104. Definitions. The following terms, when
14 used in this Chapter, have the hereinafter designated
15 meanings unless their context clearly indicates otherwise:
16 (1) "Broker" means any person other than a motor carrier
17 of property, that arranges, offers to arrange, or holds
18 itself out, by solicitation, advertisement, or otherwise, as
19 arranging or offering to arrange for-hire transportation of
20 property or other service in connection therewith by a motor
21 carrier of property which holds or is required to hold a
22 license issued by the Commission.
23 (2) "Carrier" means any motor carrier or rail carrier
24 other than a private carrier.
25 (3) "Certificate" means a certificate of public
26 convenience and necessity issued under this Chapter to common
27 carriers of household goods or common carriers by.
28 (4) "Commission" means the Illinois Commerce Commission.
29 (5) "Commission regulations and orders" means rules and
30 regulations adopted and orders or decisions issued by the
31 Commission pursuant to this Chapter; any certificate, permit,
32 broker's license or other license or registration issued
33 pursuant to such rules, regulations, orders and decisions;
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1 and all terms, conditions, or limitations thereof.
2 (6) (Blank).
3 (7) (Blank).
4 (8) (Blank).
5 (9) "Discrimination" means undue discrimination in the
6 context of the particular mode of transportation involved.
7 (10) "Farm crossing" means a crossing used for
8 agricultural and livestock purposes only.
9 (11) "For-hire" means for compensation or hire,
10 regardless of the form of compensation and whether
11 compensation is direct or indirect.
12 (12) "Freight forwarder" means any person other than a
13 motor carrier, rail carrier, or common carrier by pipeline
14 which holds itself out as a common carrier to provide
15 transportation of property, for compensation or hire, which,
16 in the rendition of its services:
17 (a) Undertakes responsibility for the consolidation
18 (where applicable), transportation, break-bulk (where
19 applicable), and distribution of such property from the
20 point of receipt to the point of delivery; and
21 (b) Utilizes, for the transportation of such
22 property, the services of one or more motor carriers or
23 rail carriers.
24 (13) "Hazardous material" means any substance or
25 material in a quantity and form determined by the federal
26 Office of Hazardous Materials and the Federal Railroad
27 Administration to be capable of posing an unreasonable risk
28 to health, safety, or property when transported in commerce.
29 (13.1) "Household goods" means:
30 (A) Personal effects and property used or to be
31 used in a dwelling when a part of the equipment or supply
32 of such dwelling; except that this subdivision (13.1)
33 shall not be construed to include property moving from a
34 factory or store, except such property as the householder
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1 has purchased with intent to use in his or her dwelling
2 and that is transported at the request of, and the
3 transportation charges paid to the carrier by, the
4 householder;
5 (B) Furniture, fixtures, equipment, and the
6 property of stores, offices, museums, institutions,
7 hospitals, or other establishments, when a part of the
8 stock, equipment, or supply of such stores, offices,
9 museums, institutions, hospitals, or other
10 establishments; except that this subdivision (13.1) shall
11 not be construed to include the stock-in-trade of any
12 establishment, whether consignor or consignee, other than
13 used furniture and used fixtures, except when transported
14 as an incident to the moving of the establishment, or a
15 portion thereof, from one location to another; and
16 (C) Articles, including, but not limited to,
17 objects of art, displays, and exhibits, which, because of
18 their unusual nature or value, require the specialized
19 handling and equipment usually employed in moving
20 household goods; except that this subdivision (13.1)
21 shall not be construed to include any article, whether
22 crated or uncrated, that does not, because of its unusual
23 nature or value, require the specialized handling and
24 equipment usually employed in moving household goods.
25 (13.2) "Household goods carrier" means a motor carrier
26 of property authorized to transport household goods.
27 (13.3) "Household goods common carrier" means any
28 household goods carrier engaged in transportation for the
29 general public over regular or irregular routes. Household
30 goods common carriers may also be referred to as "common
31 carriers of household goods.".
32 (13.4) "Household goods contract carrier" means any
33 household goods carrier engaged in transportation under
34 contract with a limited number of shippers (that shall not be
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1 freight forwarders, shippers' agents or brokers) that either
2 (a) assigns motor vehicles for a continuing period of time to
3 the exclusive use of the shipper or shippers served, or (b)
4 furnishes transportation service designed to meet the
5 distinct need of the shipper or shippers served. Household
6 goods contract carriers may also be referred to as "contract
7 carriers of household goods.".
8 (14) "Interstate carrier" means any person engaged in
9 the for-hire transportation of persons or property in
10 interstate or foreign commerce in this State, whether or not
11 such transportation is pursuant to authority issued to it by
12 the Interstate Commerce Commission.
13 (15) "Intrastate carrier" means any person engaged in
14 the for-hire transportation of persons or property in
15 intrastate commerce in this State.
16 (16) "Interstate commerce" means commerce between a
17 point in the State of Illinois and a point outside the State
18 of Illinois, or between points outside the State of Illinois
19 when such commerce moves through Illinois, or between points
20 in Illinois moving through another state in a bona fide
21 operation that is either exempt from federal regulation or
22 moves under a certificate or permit issued by the Interstate
23 Commerce Commission authorizing interstate transportation,
24 whether such commerce moves wholly by motor vehicle or partly
25 by motor vehicle and partly by any other regulated means of
26 transportation where the commodity does not come to rest or
27 change its identity during the movement, and includes
28 commerce originating or terminating in a foreign country
29 moving through the State of Illinois.
30 (17) "Intrastate commerce" means commerce moving wholly
31 between points within the State of Illinois, whether such
32 commerce moves wholly by one transportation mode or partly by
33 one mode and partly by any other mode of transportation.
34 (18) "License" means any certificate, permit, broker's
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1 license, or other license issued under this Chapter. For
2 purposes of Article III of Sub-chapter 4 of this Chapter,
3 "license" does not include a "public carrier certificate.".
4 (19) "Motor carrier" means any person engaged in the
5 transportation of property or passengers, or both, for hire,
6 over the public roads of this State, by motor vehicle. Motor
7 carriers engaged in the transportation of property are
8 referred to as "motor carriers of property"; motor carriers
9 engaged in the transportation of passengers are referred to
10 as "motor carriers of passengers" or "bus companies.".
11 (20) "Motor vehicle" means any vehicle, truck,
12 trucktractor, trailer or semitrailer propelled or drawn by
13 mechanical power and used upon the highways of the State in
14 the transportation of property or passengers.
15 (21) "Non-relocation towing" means the:
16 (a) For-hire transportation of vehicles by use of
17 wrecker or towing equipment, other than the removal of
18 trespassing vehicles from private property subject to the
19 provisions of Chapter 18a of this Code, and other than
20 transportation exempted by Section 18c-4102; and
21 (b) For-hire towing of wheeled property other than
22 vehicles.
23 (22) "Notice" means with regard to all proceedings
24 except enforcement proceedings instituted on the motion of
25 the Commission, and except for interstate motor carrier
26 registrations, public notice by publication in the official
27 state newspaper, unless otherwise provided in this Chapter.
28 (23) "Official state newspaper" means the newspaper
29 designated and certified to the Commission annually by the
30 Director of Central Management Services of the State of
31 Illinois, or, if said Director fails to certify to the
32 Commission the name and address of the official newspaper
33 selected by the Director prior to expiration of the previous
34 certification, the newspaper designated in the most recent
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1 certification.
2 (24) "Party" means any person admitted as a party to a
3 Commission proceeding or seeking and entitled as a matter of
4 right to admission as a party to a Commission proceeding.
5 (25) "Permit" means a permit issued under this Chapter
6 to contract carriers of property by motor vehicle.
7 (26) "Person" means any natural person or legal entity,
8 whether such entity is a proprietorship, partnership,
9 corporation, association, or other entity, and, where a
10 provision concerns the acts or omissions of a person,
11 includes the partners, officers, employees, and agents of the
12 person, as well as any trustees, assignees, receivers, or
13 personal representatives of the person.
14 (27) "Private carrier by motor vehicle" means any person
15 engaged in the transportation of property or passengers by
16 motor vehicle other than for hire, whether the person is the
17 owner, lessee or bailee of the lading or otherwise, when the
18 transportation is for the purpose of sale, lease, or bailment
19 and in furtherance of the person's primary business, other
20 than transportation. "Private carriers by motor vehicle" may
21 be referred to as "private carriers.". Ownership, lease or
22 bailment of the lading is not sufficient proof of a private
23 carrier operation if the carrier is, in fact, engaged in the
24 transportation of property for-hire.
25 (27.1) "Public carrier" means a motor carrier of
26 property, other than a household goods carrier.
27 (27.2) "Public carrier certificate" means a certificate
28 issued to a motor carrier to transport property, other than
29 household goods, in intrastate commerce. The issuance of a
30 public carrier certificate shall not be subject to the
31 provisions of Article I of Sub-chapter 2 of this Chapter.
32 (28) "Public convenience and necessity" shall be
33 construed to have the same meaning under this Chapter as it
34 was construed by the courts to have under the Illinois Motor
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1 Carrier of Property Law, with respect to motor carriers of
2 property, and the Public Utilities Act "An Act concerning
3 public utilities", approved June 29, 1921, as amended, with
4 respect to motor carriers of passengers and rail carriers.
5 (29) "Public interest" shall be construed to have the
6 same meaning under this Chapter as it was construed by the
7 courts to have under the Illinois Motor Carrier of Property
8 Law.
9 (30) "Rail carrier" means any person engaged in the
10 transportation of property or passengers for hire by
11 railroad, together with all employees or agents of such
12 person or entity, and all property used, controlled, or owned
13 by such person or entity.
14 (31) "Railroad" means track and associated structures,
15 including bridges, tunnels, switches, spurs, terminals and
16 other facilities, and equipment, including engines, freight
17 cars, passenger cars, cabooses, and other equipment, used in
18 the transportation of property or passengers by rail.
19 (32) "Rail yard" means a system of parallel tracks,
20 cross-overs and switches where cars are switched and made up
21 into trains, and where cars, locomotives, and other rolling
22 stock are kept when not in use or awaiting repairs. A "rail
23 yard" may also be referred to as a "yard".
24 (33) "Rate" means every individual or joint rate, fare,
25 toll, or charge of any carrier or carriers, any provisions
26 relating to application thereof, and any tariff or schedule
27 containing rates and provisions. The term "tariff" refers to
28 a publication or document containing motor common carrier
29 rates and provisions or rates and provisions applicable via
30 rail carrier under contracts established pursuant to 49 U.S.
31 Code 10713. The term "schedule" refers to a publication or
32 document containing motor contract carrier rates and
33 provisions.
34 (34) "Registration" means a registration issued to an
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1 interstate carrier.
2 (35) "Shipper" means the consignor or consignee.
3 (36) "Terminal area" means, in addition to the area
4 within the corporate boundary of an incorporated city,
5 village, municipality, or community center, the area (whether
6 incorporated or unincorporated) within 10 air miles of the
7 corporate limits of the base city, village, municipality, or
8 community center, including all of any city, village or
9 municipality which lies within such area.
10 (37) "Transfer" means the sale, lease, consolidation,
11 merger, acquisition or change of control, or other transfer
12 of a license, in whole or in part.
13 (38) "Transportation" means the actual movement of
14 property or passengers by motor vehicle (without regard to
15 ownership of vehicles or equipment used in providing
16 transportation service) or rail together with loading,
17 unloading, and any other accessorial or ancillary service
18 provided by the carrier in connection with movement by motor
19 vehicle or rail, which is performed by or on behalf of the
20 carriers, its employees or agents, or under the authority or
21 direction of the carrier or under the apparent authority or
22 direction and with the knowledge of the carrier.
23 Transportation of property by motor vehicle includes
24 driveaway or towaway delivery service.
25 (39) "Towing" means the pushing, towing, or drawing of
26 wheeled property by means of a crane, hoist, towbar, towline,
27 or auxiliary axle.
28 (40) "Wrecker or towing equipment" means tow trucks or
29 auxiliary axles, when used in relation to towing accidentally
30 wrecked or disabled vehicles; and roll-back carriers or
31 trailers, when used in relation to transporting accidentally
32 wrecked or disabled vehicles. Wrecker or towing equipment
33 does not include car carriers or trailers other than
34 roll-back car carriers or trailers.
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1 (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96;
2 revised 1-27-96.)
3 (625 ILCS 5/18c-3204) (from Ch. 95 1/2, par. 18c-3204)
4 Sec. 18c-3204. Rate Proceedings.
5 (1) Initiation of proceedings. The Commission may
6 initiate a proceeding to investigate or prescribe tariffs or
7 schedules on its own motion or on complaint.
8 (2) Suspension of tariffs and schedules.
9 (a) Suspension of tariffs. The Commission may
10 suspend a tariff, in whole or in part, during the
11 pendency of a proceeding to consider the reasonableness
12 of the tariff, or to consider whether the tariff is
13 discriminatory, or to consider whether the tariff
14 otherwise violates provisions of this Chapter, Commission
15 regulations or orders, provided the order of suspension
16 is issued prior to the effective date of the tariff. The
17 suspension shall remain in effect for the period allowed
18 under this Chapter unless the Commission order provides
19 for a shorter period of suspension. At the end of the
20 statutory suspension period the suspension may be
21 extended by agreement of the parties; otherwise, the
22 tariff shall go into effect. The statutory suspension
23 period is:
24 (i) Seven months for public carriers and
25 household goods common carriers;
26 (ii) One hundred and twenty days for motor
27 carriers of passengers; and
28 (iii) Five months for rail carriers, unless
29 the period is extended for an additional 3 months in
30 accordance with provisions of the Interstate
31 Commerce Act.
32 (b) Suspension of schedules. The Commission may
33 suspend a household goods contract carrier schedule, in
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1 whole or in part, during the pendency of a proceeding to
2 consider whether the schedule violates provisions of this
3 Chapter, Commission regulations or orders, provided the
4 order of suspension is issued prior to the effective date
5 of the schedule. The suspension shall remain in effect
6 for 7 months unless the Commission order provides for a
7 shorter period of suspension. At the end of this period,
8 the suspension may be extended by agreement of the
9 parties; otherwise, the schedule shall go into effect.
10 (c) Burden of proof in investigation proceedings.
11 The burden of proof in an investigation proceeding shall
12 be on the proponent of the rate unless otherwise provided
13 in a valid preemptive federal statute which governs the
14 rate.
15 (3) Prescription of tariffs and schedules. The
16 Commission may prescribe tariffs where it has determined, in
17 accordance with Section 18c-2102 of this Chapter, that a
18 tariff published by a carrier is unreasonable,
19 discriminatory, or otherwise in violation of this Chapter,
20 Commission regulations or orders. The Commission may
21 prescribe schedules where it has determined, after hearing,
22 that a schedule filed by a carrier is in violation of this
23 Chapter, Commission regulations or orders.
24 (4) Relief. The Commission may, where it finds a tariff
25 or schedule to be in violation of this Chapter, its
26 regulations or orders, or finds rates or provisions in a
27 tariff unjust, unreasonable, or discriminatory, and in
28 accordance with Section 18c-2102 of this Chapter, direct the
29 carrier to:
30 (a) Publish and file a supplement cancelling the
31 tariff or file notice of cancellation of the schedule, in
32 whole or in part;
33 (b) Publish and file a new tariff or file a new
34 schedule containing rates and provisions prescribed by
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1 the Commission; and
2 (c) Repay any overcharges or collect any
3 undercharges, and, except with regard to household goods
4 carriers, pay reparations.
5 (Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96;
6 revised 1-27-96.)
7 Section 2-230. The Juvenile Court Act of 1987 is amended
8 by changing Sections 5-10 and 5-23 as follows:
9 (705 ILCS 405/5-10) (from Ch. 37, par. 805-10)
10 Sec. 5-10. Detention or shelter care hearing. At the
11 appearance of the minor before the court at the detention or
12 shelter care hearing, all witnesses present shall be examined
13 before the court in relation to any matter connected with the
14 allegations made in the petition. No hearing may be held
15 unless the minor is represented by counsel.
16 (1) If the court finds that there is not probable cause
17 to believe that the minor is a delinquent minor it shall
18 release the minor and dismiss the petition.
19 (2) If the court finds that there is probable cause to
20 believe that the minor is a delinquent minor, the minor, his
21 or her parent, guardian, custodian and other persons able to
22 give relevant testimony shall be examined before the court.
23 After such testimony, the court may enter an order that the
24 minor shall be released upon the request of a parent,
25 guardian or custodian if the parent, guardian or custodian
26 appears to take custody. Custodian shall include any agency
27 of the State which has been given custody or wardship of the
28 child.
29 If the court finds that it is a matter of immediate and
30 urgent necessity for the protection of the minor or of the
31 person or property of another that the minor be detained or
32 placed in a shelter care facility or that he or she is likely
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1 to flee the jurisdiction of the court, the court may
2 prescribe detention or shelter care and order that the minor
3 be kept in a suitable place designated by the court or in a
4 shelter care facility designated by the Department of
5 Children and Family Services or a licensed child welfare
6 agency; otherwise it shall release the minor from custody. If
7 the court prescribes shelter care, then in placing the minor,
8 the Department or other agency shall, to the extent
9 compatible with the court's order, comply with Section 7 of
10 the Children and Family Services Act. In making the
11 determination of the existence of immediate and urgent
12 necessity, the court shall consider among other matters: (a)
13 the nature and seriousness of the alleged offense; (b) the
14 minor's record of delinquency offenses, including whether the
15 minor has delinquency cases pending; (c) the minor's record
16 of willful failure to appear following the issuance of a
17 summons or warrant; and (d) the availability of non-custodial
18 alternatives, including the presence of a parent, guardian or
19 other responsible relative able and willing to provide
20 supervision and care for the minor and to assure his or her
21 compliance with a summons. If the minor is ordered placed in
22 a shelter care facility of a licensed child welfare agency,
23 the court shall, upon request of the agency, appoint the
24 appropriate agency executive temporary custodian of the minor
25 and the court may enter such other orders related to the
26 temporary custody of the minor as it deems fit and proper.
27 The order together with the court's findings of fact in
28 support thereof shall be entered of record in the court.
29 Once the court finds that it is a matter of immediate and
30 urgent necessity for the protection of the minor that the
31 minor be placed in a shelter care facility, the minor shall
32 not be returned to the parent, custodian or guardian until
33 the court finds that such placement is no longer necessary
34 for the protection of the minor.
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1 (3) If neither the parent, guardian, legal custodian,
2 responsible relative nor counsel of the minor has had actual
3 notice of or is present at the detention or shelter care
4 hearing, he or she may file his or her affidavit setting
5 forth these facts, and the clerk shall set the matter for
6 rehearing not later than 24 hours, excluding Sundays and
7 legal holidays, after the filing of the affidavit. At the
8 rehearing, the court shall proceed in the same manner as
9 upon the original hearing.
10 (4) Only when there is reasonable cause to believe that
11 the minor taken into custody is a delinquent minor may the
12 minor be kept or detained in a juvenile detention home. This
13 Section shall in no way be construed to limit subsection (5).
14 (5) Except as provided in subsection (5.1), no minor
15 under 16 years of age may be confined in a jail or place
16 ordinarily used for the confinement of prisoners in a police
17 station. Minors under 17 years of age must be kept separate
18 from confined adults and may not at any time be kept in the
19 same cell, room, or yard with adults confined pursuant to the
20 criminal law.
21 (5.1) (a) If a minor 12 years of age or older is
22 confined in a county jail, in a county with a population
23 below 3,000,000 inhabitants, then the minor's confinement
24 shall be implemented in such a manner that there will be no
25 contact by sight, sound or otherwise between the minor and
26 adult prisoners. Minors 12 years of age or older must be
27 kept separate from confined adults and may not at any time be
28 kept in the same cell, room, or yard with confined adults.
29 This paragraph (5.1)(a) shall only apply to confinement
30 pending an adjudicatory hearing and shall not exceed 36
31 hours, excluding Saturdays, Sundays, and court designated
32 holidays. To accept or hold minors during this time period,
33 county jails shall comply with all monitoring standards for
34 juvenile detention homes promulgated by the Department of
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1 Corrections and training standards approved by the Illinois
2 Law Enforcement Training Standards Board.
3 (b) To accept or hold minors, 12 years of age or older,
4 after the time period prescribed in paragraph (5.1)(a) of
5 this Section but not exceeding 7 days including Saturdays,
6 Sundays, and holidays, pending an adjudicatory hearing,
7 county jails shall comply with all temporary detention
8 standards promulgated by the Department of Corrections and
9 training standards approved by the Illinois Law Enforcement
10 Training Standards Board.
11 (c) To accept or hold minors 12 years of age or older,
12 after the time period prescribed in paragraphs (5.1)(a) and
13 (5.1)(b), county jails shall comply with all programmatic and
14 training standards for juvenile detention homes promulgated
15 by the Department of Corrections.
16 (6) If the minor is not brought before a judicial
17 officer within the time period as specified in Section 5-9,
18 the minor must immediately be released from custody.
19 (7) If neither the parent, guardian or custodian appears
20 within 24 hours to take custody of a minor released upon
21 request pursuant to subsection (2) of this Section, then the
22 clerk of the court shall set the matter for rehearing not
23 later than 7 days after the original order and shall issue a
24 summons directed to the parent, guardian or custodian to
25 appear. At the same time the probation department shall
26 prepare a report on the minor. If a parent, guardian or
27 custodian does not appear at such rehearing, the judge may
28 enter an order prescribing that the minor be kept in a
29 suitable place designated by the Department of Human Services
30 or a licensed child welfare agency. The time during which a
31 minor is in custody after being released upon the request of
32 a parent, guardian or custodian shall be considered as time
33 spent in detention.
34 (8) Any interested party, including the State, the
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1 temporary custodian, an agency providing services to the
2 minor or family under a service plan pursuant to Section 8.2
3 of the Abused and Neglected Child Reporting Act, foster
4 parent, or any of their representatives, may file a motion to
5 modify or vacate a temporary custody order on any of the
6 following grounds:
7 (a) It is no longer a matter of immediate and urgent
8 necessity that the minor remain in detention or shelter care;
9 or
10 (b) There is a material change in the circumstances of
11 the natural family from which the minor was removed; or
12 (c) A person, including a parent, relative or legal
13 guardian, is capable of assuming temporary custody of the
14 minor; or
15 (d) Services provided by the Department of Children and
16 Family Services or a child welfare agency or other service
17 provider have been successful in eliminating the need for
18 temporary custody.
19 The clerk shall set the matter for hearing not later than
20 14 days after such motion is filed. In the event that the
21 court modifies or vacates a temporary custody order but does
22 not vacate its finding of probable cause, the court may order
23 that appropriate services be continued or initiated in behalf
24 of the minor and his or her family.
25 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-507, eff.
26 7-1-97; 89-656, eff. 1-1-97; revised 9-12-96.)
27 (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
28 Sec. 5-23. Kinds of dispositional orders.
29 (1) The following kinds of orders of disposition may be
30 made in respect of wards of the court:
31 (a) Except as provided in Section 5-33 and Section
32 5-35, a minor found to be a delinquent under Section 5-3
33 may be:
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1 (1) put on probation or conditional discharge
2 and released to his or her parents, guardian or
3 legal custodian, provided, however, that any such
4 minor who is not committed to the Department of
5 Corrections, Juvenile Division under this subsection
6 and who is found to be a delinquent for an offense
7 which is first degree murder, a Class X felony, or a
8 forcible felony shall be placed on probation;
9 (2) placed in accordance with Section 5-29,
10 with or without also being put on probation or
11 conditional discharge;
12 (3) where authorized under the Alcoholism and
13 Other Drug Abuse and Dependency Act, ordered
14 admitted for treatment for drug addiction by the
15 Department of Human Services;
16 (4) committed to the Department of Children
17 and Family Services, but only if the delinquent
18 minor is under 13 years of age;
19 (5) placed in detention for a period not to
20 exceed 30 days, either as the exclusive order of
21 disposition or, where appropriate, in conjunction
22 with any other order of disposition issued under
23 this paragraph, provided that any such detention
24 shall be in a juvenile detention home and the minor
25 so detained shall be 10 years of age or older.
26 However, the 30-day limitation may be extended by
27 further order of the court for a minor under age 13
28 committed to the Department of Children and Family
29 Services if the court finds that the minor is a
30 danger to himself or others. The minor shall be
31 given credit on the dispositional order of detention
32 for time spent in detention under Sections 5-10(2),
33 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
34 result of the offense for which the dispositional
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1 order was imposed. The court may grant credit on a
2 dispositional order of detention entered under a
3 violation of probation or violation of conditional
4 discharge under Section 5-25 of this Act for time
5 spent in detention before the filing of the petition
6 alleging the violation. A minor shall not be
7 deprived of credit for time spent in detention
8 before the filing of a violation of probation or
9 conditional discharge alleging the same or related
10 act(s);
11 (6) ordered partially or completely
12 emancipated in accordance with the provisions of the
13 Emancipation of Mature Minors Act; or
14 (7) put on probation or conditional discharge
15 and placed in detention under Section 3-6039 of the
16 Counties Code for a period not to exceed the period
17 of incarceration permitted by law for adults found
18 guilty of the same offense or offenses for which the
19 minor was adjudicated delinquent, and in any event
20 no longer than upon attainment of age 21; this
21 subdivision (7) notwithstanding any contrary
22 provision of the law.
23 (b) A minor found to be delinquent may be committed
24 to the Department of Corrections, Juvenile Division,
25 under Section 5-33 if the minor is 13 years of age or
26 older, provided that the commitment to the Department of
27 Corrections, Juvenile Division, shall be made only if a
28 term of incarceration is permitted by law for adults
29 found guilty of the offense for which the minor was
30 adjudicated delinquent. The time during which a minor is
31 in custody before being released upon the request of a
32 parent, guardian or custodian shall be considered as time
33 spent in detention.
34 (1.1) When a minor is found to be delinquent for an
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1 offense which is a violation of the Illinois Controlled
2 Substances Act or the Cannabis Control Act and made a ward of
3 the court, the court may enter a disposition order requiring
4 the minor to undergo assessment, counseling or treatment in a
5 substance abuse program approved by the Department of Human
6 Services.
7 (2) Any order of disposition other than commitment to
8 the Department of Corrections, Juvenile Division, may provide
9 for protective supervision under Section 5-26 and may include
10 an order of protection under Section 5-27.
11 (3) Unless the order of disposition expressly so
12 provides, it does not operate to close proceedings on the
13 pending petition, but is subject to modification until final
14 closing and discharge of the proceedings under Section 5-34.
15 (4) In addition to any other order of disposition, the
16 court may order any minor found to be delinquent to make
17 restitution, in monetary or non-monetary form, under the
18 terms and conditions of Section 5-5-6 of the Unified Code of
19 Corrections, except that the "presentence hearing" referred
20 to therein shall be the dispositional hearing for purposes of
21 this Section. The parent, guardian or legal custodian of the
22 minor may be ordered by the court to pay some or all of the
23 restitution on the minor's behalf, pursuant to the Parental
24 Responsibility Law, as now or hereafter amended. The State's
25 Attorney is authorized to act on behalf of any victim in
26 seeking restitution in proceedings under this Section, up to
27 the maximum amount allowed in Section 5 of the Parental
28 Responsibility Law.
29 (5) Any order for disposition where the minor is
30 committed or placed in accordance with Section 5-29 shall
31 provide for the parents or guardian of the estate of such
32 minor to pay to the legal custodian or guardian of the person
33 of the minor such sums as are determined by the custodian or
34 guardian of the person of the minor as necessary for the
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1 minor's needs. Such payments may not exceed the maximum
2 amounts provided for by Section 9.1 of the Children and
3 Family Services Act.
4 (6) Whenever the order of disposition requires the minor
5 to attend school or participate in a program of training, the
6 truant officer or designated school official shall regularly
7 report to the court if the minor is a chronic or habitual
8 truant under Section 26-2a of the School Code.
9 (7) In no event shall a delinquent minor be committed
10 for a period of time in excess of that period for which an
11 adult could be committed for the same act.
12 (8) A minor found to be delinquent for reasons that
13 include a violation of Section 21-1.3 of the Criminal Code of
14 1961 shall be ordered to perform community service for not
15 less than 30 and not more than 120 hours, if community
16 service is available in the jurisdiction. The community
17 service shall include, but need not be limited to, the
18 cleanup and repair of the damage that was caused by the
19 violation or similar damage to property located in the
20 municipality or county in which the violation occurred. The
21 order may be in addition to any other order authorized by
22 this Section.
23 (9) In addition to any other order of disposition, the
24 court shall order any minor found to be delinquent for an act
25 which would constitute criminal sexual assault, aggravated
26 criminal sexual abuse, or criminal sexual abuse if committed
27 by an adult to undergo medical testing to determine whether
28 the defendant has any sexually transmissible disease
29 including a test for infection with human immunodeficiency
30 virus (HIV) or any other identified causative agency of
31 acquired immunodeficiency syndrome (AIDS). Any medical test
32 shall be performed only by appropriately licensed medical
33 practitioners and may include an analysis of any bodily
34 fluids as well as an examination of the minor's person.
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1 Except as otherwise provided by law, the results of the test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 disposition order was entered for the judge's inspection in
6 camera. Acting in accordance with the best interests of the
7 victim and the public, the judge shall have the discretion to
8 determine to whom the results of the testing may be revealed.
9 The court shall notify the minor of the results of the test
10 for infection with the human immunodeficiency virus (HIV).
11 The court shall also notify the victim if requested by the
12 victim, and if the victim is under the age of 15 and if
13 requested by the victim's parents or legal guardian, the
14 court shall notify the victim's parents or the legal guardian
15 of the results of the test for infection with the human
16 immunodeficiency virus (HIV). The court shall provide
17 information on the availability of HIV testing and counseling
18 at Department of Public Health facilities to all parties to
19 whom the results of the testing are revealed. The court
20 shall order that the cost of any test shall be paid by the
21 county and may be taxed as costs against the minor.
22 (10) When a court finds a minor to be delinquent the
23 court shall, before making a disposition under this Section,
24 make a finding whether the offense committed either: (i) was
25 related to or in furtherance of the criminal activities of an
26 organized gang or was motivated by the minor's membership in
27 or allegiance to an organized gang, or (ii) involved a
28 violation of paragraph (13) of subsection (a) of the Criminal
29 Code of 1961, a violation of any Section of Article 24 of the
30 Criminal Code of 1961, or a violation of any statute that
31 involved the wrongful use of a firearm. If the court
32 determines the question in the affirmative, and the court
33 does not commit the minor to the Department of Corrections,
34 Juvenile Division, the court shall order the minor to perform
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1 community service for not less than 30 hours nor more than
2 120 hours, provided that community service is available in
3 the jurisdiction and is funded and approved by the county
4 board of the county where the offense was committed. The
5 community service shall include, but need not be limited to,
6 the cleanup and repair of any damage caused by a violation of
7 Section 21-1.3 of the Criminal Code of 1961 and similar
8 damage to property located in the municipality or county in
9 which the violation occurred. When possible and reasonable,
10 the community service shall be performed in the minor's
11 neighborhood. This order shall be in addition to any other
12 order authorized by this Section except for an order to place
13 the minor in the custody of the Department of Corrections,
14 Juvenile Division. For the purposes of this Section,
15 "organized gang" has the meaning ascribed to it in Section 10
16 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
17 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
18 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
19 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
20 8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97; 89-689,
21 eff. 12-31-96; revised 1-15-97.)
22 Section 2-235. The Criminal Code of 1961 is amended by
23 changing Section 31-6 as follows:
24 (720 ILCS 5/31-6) (from Ch. 38, par. 31-6)
25 Sec. 31-6. Escape; failure to report to a penal
26 institution or to report for periodic imprisonment.
27 (a) A person convicted of a felony, or charged with the
28 commission of a felony who intentionally escapes from any
29 penal institution or from the custody of an employee of that
30 institution commits a Class 2 felony; however, a person
31 convicted of a felony who knowingly fails to report to a
32 penal institution or to report for periodic imprisonment at
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1 any time or knowingly fails to return from furlough or from
2 work and day release, or who knowingly fails to abide by the
3 terms of home confinement is guilty of a Class 3 felony.
4 (b) A person convicted of a misdemeanor or charged with
5 the commission of a misdemeanor who intentionally escapes
6 from any penal institution or from the custody of an employee
7 of that institution commits a Class A misdemeanor; however, a
8 person convicted of a misdemeanor who knowingly fails to
9 report to a penal institution or to report for periodic
10 imprisonment at any time or knowingly fails to return from
11 furlough or from work and day release, or who knowingly fails
12 to abide by the terms of home confinement is guilty of a
13 Class B misdemeanor.
14 (c) A person in the lawful custody of a peace officer
15 for the alleged commission of a felony offense and who
16 intentionally escapes from custody commits a Class 2 felony;
17 however, a person in the lawful custody of a peace officer
18 for the alleged commission of a misdemeanor offense and who
19 intentionally escapes from custody commits a Class A
20 misdemeanor.
21 (c-5) A person in the lawful custody of a peace officer
22 for an alleged violation of a term or condition of probation,
23 conditional discharge, parole, or mandatory supervised
24 release for a felony and who intentionally escapes from
25 custody is guilty of a Class 2 felony.
26 (c-6) A person in the lawful custody of a peace officer
27 for an alleged violation of a term or condition of
28 supervision, probation, or conditional discharge for a
29 misdemeanor and who intentionally escapes from custody is
30 guilty of a Class A misdemeanor.
31 (d) A person who violates this Section while armed with
32 a dangerous weapon commits a Class 1 felony.
33 (Source: P.A. 89-647, eff. 1-1-97; 89-656, eff. 1-1-97;
34 89-689, eff. 12-31-96; revised 1-14-97.)
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1 Section 2-240. The Code of Criminal Procedure of 1963 is
2 amended by changing Sections 110-6.3 and 122-1 as follows:
3 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
4 Sec. 110-6.3. Denial of bail in stalking and aggravated
5 stalking offenses.
6 (a) Upon verified petition by the State, the court shall
7 hold a hearing to determine whether bail should be denied to
8 a defendant who is charged with stalking or aggravated
9 stalking, when it is alleged that the defendant's admission
10 to bail poses a real and present threat to the physical
11 safety of the alleged victim of the offense, and denial of
12 release on bail or personal recognizance is necessary to
13 prevent fulfillment of the threat upon which the charge is
14 based.
15 (1) A petition may be filed without prior notice to
16 the defendant at the first appearance before a judge, or
17 within 21 calendar days, except as provided in Section
18 110-6, after arrest and release of the defendant upon
19 reasonable notice to defendant; provided that while the
20 petition is pending before the court, the defendant if
21 previously released shall not be detained.
22 (2) The hearing shall be held immediately upon the
23 defendant's appearance before the court, unless for good
24 cause shown the defendant or the State seeks a
25 continuance. A continuance on motion of the defendant
26 may not exceed 5 calendar days, and the defendant may be
27 held in custody during the continuance. A continuance on
28 the motion of the State may not exceed 3 calendar days;
29 however, the defendant may be held in custody during the
30 continuance under this provision if the defendant has
31 been previously found to have violated an order of
32 protection or has been previously convicted of, or
33 granted court supervision for, any of the offenses set
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1 forth in Sections 12-2, 12-3.2, 12-4, 12-4.1, 12-7.3,
2 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
3 Criminal Code of 1961, against the same person as the
4 alleged victim of the stalking or aggravated stalking
5 offense.
6 (b) The court may deny bail to the defendant when, after
7 the hearing, it is determined that:
8 (1) the proof is evident or the presumption great
9 that the defendant has committed the offense of stalking
10 or aggravated stalking; and
11 (2) the defendant poses a real and present threat
12 to the physical safety of the alleged victim of the
13 offense; and
14 (3) the denial of release on bail or personal
15 recognizance is necessary to prevent fulfillment of the
16 threat upon which the charge is based; and
17 (4) the court finds that no condition or
18 combination of conditions set forth in subsection (b) of
19 Section 110-10 of this Code, including mental health
20 treatment at a community mental health center, hospital,
21 or facility of the Department of Human Services, can
22 reasonably assure the physical safety of the alleged
23 victim of the offense.
24 (c) Conduct of the hearings.
25 (1) The hearing on the defendant's culpability and
26 threat to the alleged victim of the offense shall be
27 conducted in accordance with the following provisions:
28 (A) Information used by the court in its
29 findings or stated in or offered at the hearing may
30 be by way of proffer based upon reliable information
31 offered by the State or by defendant. Defendant has
32 the right to be represented by counsel, and if he is
33 indigent, to have counsel appointed for him.
34 Defendant shall have the opportunity to testify, to
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1 present witnesses in his own behalf, and to
2 cross-examine witnesses if any are called by the
3 State. The defendant has the right to present
4 witnesses in his favor. When the ends of justice so
5 require, the court may exercise its discretion and
6 compel the appearance of a complaining witness. The
7 court shall state on the record reasons for granting
8 a defense request to compel the presence of a
9 complaining witness. Cross-examination of a
10 complaining witness at the pretrial detention
11 hearing for the purpose of impeaching the witness'
12 credibility is insufficient reason to compel the
13 presence of the witness. In deciding whether to
14 compel the appearance of a complaining witness, the
15 court shall be considerate of the emotional and
16 physical well-being of the witness. The pretrial
17 detention hearing is not to be used for the purposes
18 of discovery, and the post arraignment rules of
19 discovery do not apply. The State shall tender to
20 the defendant, prior to the hearing, copies of
21 defendant's criminal history, if any, if available,
22 and any written or recorded statements and the
23 substance of any oral statements made by any person,
24 if relied upon by the State. The rules concerning
25 the admissibility of evidence in criminal trials do
26 not apply to the presentation and consideration of
27 information at the hearing. At the trial concerning
28 the offense for which the hearing was conducted
29 neither the finding of the court nor any transcript
30 or other record of the hearing shall be admissible
31 in the State's case in chief, but shall be
32 admissible for impeachment, or as provided in
33 Section 115-10.1 of this Code, or in a perjury
34 proceeding.
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1 (B) A motion by the defendant to suppress
2 evidence or to suppress a confession shall not be
3 entertained. Evidence that proof may have been
4 obtained as the result of an unlawful search and
5 seizure or through improper interrogation is not
6 relevant to this state of the prosecution.
7 (2) The facts relied upon by the court to support a
8 finding that:
9 (A) the defendant poses a real and present
10 threat to the physical safety of the alleged victim
11 of the offense; and
12 (B) the denial of release on bail or personal
13 recognizance is necessary to prevent fulfillment of
14 the threat upon which the charge is based;
15 shall be supported by clear and convincing evidence
16 presented by the State.
17 (d) Factors to be considered in making a determination
18 of the threat to the alleged victim of the offense. The court
19 may, in determining whether the defendant poses, at the time
20 of the hearing, a real and present threat to the physical
21 safety of the alleged victim of the offense, consider but
22 shall not be limited to evidence or testimony concerning:
23 (1) The nature and circumstances of the offense
24 charged;
25 (2) The history and characteristics of the
26 defendant including:
27 (A) Any evidence of the defendant's prior
28 criminal history indicative of violent, abusive or
29 assaultive behavior, or lack of that behavior. The
30 evidence may include testimony or documents received
31 in juvenile proceedings, criminal, quasi-criminal,
32 civil commitment, domestic relations or other
33 proceedings;
34 (B) Any evidence of the defendant's
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1 psychological, psychiatric or other similar social
2 history that tends to indicate a violent, abusive,
3 or assaultive nature, or lack of any such history.
4 (3) The nature of the threat which is the basis of
5 the charge against the defendant;
6 (4) Any statements made by, or attributed to the
7 defendant, together with the circumstances surrounding
8 them;
9 (5) The age and physical condition of any person
10 assaulted by the defendant;
11 (6) Whether the defendant is known to possess or
12 have access to any weapon or weapons;
13 (7) Whether, at the time of the current offense or
14 any other offense or arrest, the defendant was on
15 probation, parole, mandatory supervised release or other
16 release from custody pending trial, sentencing, appeal or
17 completion of sentence for an offense under federal or
18 state law;
19 (8) Any other factors, including those listed in
20 Section 110-5 of this Code, deemed by the court to have a
21 reasonable bearing upon the defendant's propensity or
22 reputation for violent, abusive or assaultive behavior,
23 or lack of that behavior.
24 (e) The court shall, in any order denying bail to a
25 person charged with stalking or aggravated stalking:
26 (1) briefly summarize the evidence of the
27 defendant's culpability and its reasons for concluding
28 that the defendant should be held without bail;
29 (2) direct that the defendant be committed to the
30 custody of the sheriff for confinement in the county jail
31 pending trial;
32 (3) direct that the defendant be given a reasonable
33 opportunity for private consultation with counsel, and
34 for communication with others of his choice by
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1 visitation, mail and telephone; and
2 (4) direct that the sheriff deliver the defendant
3 as required for appearances in connection with court
4 proceedings.
5 (f) If the court enters an order for the detention of
6 the defendant under subsection (e) of this Section, the
7 defendant shall be brought to trial on the offense for which
8 he is detained within 90 days after the date on which the
9 order for detention was entered. If the defendant is not
10 brought to trial within the 90 day period required by this
11 subsection (f), he shall not be held longer without bail. In
12 computing the 90 day period, the court shall omit any period
13 of delay resulting from a continuance granted at the request
14 of the defendant. The court shall immediately notify the
15 alleged victim of the offense that the defendant has been
16 admitted to bail under this subsection.
17 (g) Any person shall be entitled to appeal any order
18 entered under this Section denying bail to the defendant.
19 (h) The State may appeal any order entered under this
20 Section denying any motion for denial of bail.
21 (i) Nothing in this Section shall be construed as
22 modifying or limiting in any way the defendant's presumption
23 of innocence in further criminal proceedings.
24 (Source: P.A. 89-462, eff. 5-29-96; 89-507, eff. 7-1-97;
25 revised 8-23-96.)
26 (725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
27 Sec. 122-1. Petition in the trial court.
28 (a) Any person imprisoned in the penitentiary who
29 asserts that in the proceedings which resulted in his or her
30 conviction there was a substantial denial of his or her
31 rights under the Constitution of the United States or of the
32 State of Illinois or both may institute a proceeding under
33 this Article.
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1 (b) The proceeding shall be commenced by filing with the
2 clerk of the court in which the conviction took place a
3 petition (together with a copy thereof) verified by
4 affidavit. Petitioner shall also serve another copy upon the
5 State's Attorney by any of the methods provided in Rule 7 of
6 the Supreme Court. The clerk shall docket the petition for
7 consideration by the court pursuant to Section 122-2.1 upon
8 his or her receipt thereof and bring the same promptly to the
9 attention of the court.
10 (c) No proceedings under this Article shall be commenced
11 more than 6 months after the denial of a petition for leave
12 to appeal or the date for filing such a petition if none is
13 filed or more than 45 days after the defendant files his or
14 her brief in the appeal of the sentence before the Illinois
15 Supreme Court (or more than 45 days after the deadline for
16 the filing of the defendant's brief with the Illinois Supreme
17 Court if no brief is filed) or 3 years from the date of
18 conviction, whichever is sooner, unless the petitioner
19 alleges facts showing that the delay was not due to his or
20 her culpable negligence.
21 (d) A person seeking relief by filing a petition under
22 this Section must specify in the petition or its heading that
23 it is filed under this Section. A trial court that has
24 received a petition complaining of a conviction or sentence
25 that fails to specify in the petition or its heading that it
26 is filed under this Section need not evaluate the petition to
27 determine whether it could otherwise have stated some grounds
28 for relief under this Article.
29 (e) A proceeding under this Article may not be commenced
30 on behalf of a defendant who has been sentenced to death
31 without the written consent of the defendant, unless the
32 defendant, because of a mental or physical condition, is
33 incapable of asserting his or her own claim.
34 (Source: P.A. 88-678, eff. 7-1-95; 89-284, eff. 1-1-96;
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1 89-609, eff. 1-1-97; 89-684, eff. 6-1-97; revised 1-15-97.)
2 Section 2-245. The Rights of Crime Victims and Witnesses
3 Act is amended by changing Section 4.5 as follows:
4 (725 ILCS 120/4.5)
5 Sec. 4.5. Procedures to implement the rights of crime
6 victims. To afford crime victims their rights, law
7 enforcement, prosecutors, judges and corrections will provide
8 information, as appropriate of the following procedures:
9 (a) At the request of the crime victim, law enforcement
10 authorities investigating the case shall provide notice of
11 the status of the investigation, except where the State's
12 Attorney determines that disclosure of such information would
13 unreasonably interfere with the investigation, until such
14 time as the alleged assailant is apprehended or the
15 investigation is closed.
16 (b) The office of the State's Attorney:
17 (1) shall provide notice of the filing of
18 information, the return of an indictment by which a
19 prosecution for any violent crime is commenced, or the
20 filing of a petition to adjudicate a minor as a
21 delinquent for a violent crime;
22 (2) shall provide notice of the date, time, and
23 place of trial;
24 (3) or victim advocate personnel shall provide
25 information of social services and financial assistance
26 available for victims of crime, including information of
27 how to apply for these services and assistance;
28 (4) shall assist in having any stolen or other
29 personal property held by law enforcement authorities for
30 evidentiary or other purposes returned as expeditiously
31 as possible, pursuant to the procedures set out in
32 Section 115-9 of the Code of Criminal Procedure of 1963;
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1 (5) or victim advocate personnel shall provide
2 appropriate employer intercession services to ensure that
3 employers of victims will cooperate with the criminal
4 justice system in order to minimize an employee's loss of
5 pay and other benefits resulting from court appearances;
6 (6) shall provide information whenever possible, of
7 a secure waiting area during court proceedings that does
8 not require victims to be in close proximity to defendant
9 or juveniles accused of a violent crime, and their
10 families and friends;
11 (7) shall provide notice to the crime victim of the
12 right to have a translator present at all court
13 proceedings;
14 (8) in the case of the death of a person, which
15 death occurred in the same transaction or occurrence in
16 which acts occurred for which a defendant is charged with
17 an offense, shall notify the spouse, parent, child or
18 sibling of the decedent of the date of the trial of the
19 person or persons allegedly responsible for the death;
20 (9) shall inform the victim of the right to have
21 present at all court proceedings, subject to the rules of
22 evidence, an advocate or other support person of the
23 victim's choice, and the right to retain an attorney, at
24 the victim's own expense, who, upon written notice filed
25 with the clerk of the court and State's Attorney, is to
26 receive copies of all notices, motions and court orders
27 filed thereafter in the case, in the same manner as if
28 the victim were a named party in the case; and
29 (10) at the sentencing hearing shall make a good
30 faith attempt to explain the minimum amount of time
31 during which the defendant may actually be physically
32 imprisoned. The Office of the State's Attorney shall
33 further notify the crime victim of the right to request
34 from the Prisoner Review Board information concerning the
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1 release of the defendant under subparagraph (d)(1) of
2 this Section; and
3 (11) shall request restitution at sentencing and
4 shall consider restitution in any plea negotiation, as
5 provided by law.
6 (c) At the written request of the crime victim, the
7 office of the State's Attorney shall:
8 (1) provide notice a reasonable time in advance of
9 the following court proceedings: preliminary hearing, any
10 hearing the effect of which may be the release of
11 defendant from custody, or to alter the conditions of
12 bond and the sentencing hearing. The crime victim shall
13 also be notified of the cancellation of the court
14 proceeding in sufficient time, wherever possible, to
15 prevent an unnecessary appearance in court;
16 (2) provide notice within a reasonable time after
17 receipt of notice from the custodian, of the release of
18 the defendant on bail or personal recognizance or the
19 release from detention of a minor who has been detained
20 for a violent crime;
21 (3) explain in nontechnical language the details of
22 any plea or verdict of a defendant, or any adjudication
23 of a juvenile as a delinquent for a violent crime;
24 (4) where practical, consult with the crime victim
25 before the Office of the State's Attorney makes an offer
26 of a plea bargain to the defendant or enters into
27 negotiations with the defendant concerning a possible
28 plea agreement, and shall consider the written victim
29 impact statement, if prepared prior to entering into a
30 plea agreement;
31 (5) provide notice of the ultimate disposition of
32 the cases arising from an indictment or an information,
33 or a petition to have a juvenile adjudicated as a
34 delinquent for a violent crime;
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1 (6) provide notice of any appeal taken by the
2 defendant and information on how to contact the
3 appropriate agency handling the appeal;
4 (7) provide notice of any request for
5 post-conviction review filed by the defendant under
6 Article 122 of the Code of Criminal Procedure of 1963,
7 and of the date, time and place of any hearing concerning
8 the petition. Whenever possible, notice of the hearing
9 shall be given in advance;
10 (8) forward a copy of any statement presented under
11 Section 6 to the Prisoner Review Board to be considered
12 by the Board in making its determination under subsection
13 (b) of Section 3-3-8 of the Unified Code of Corrections.
14 (d) (1) The Prisoner Review Board shall inform a victim
15 or any other concerned citizen, upon written request, of
16 the prisoner's release on parole, mandatory supervised
17 release, electronic detention, work release or by the
18 custodian of the discharge of any individual who was
19 adjudicated a delinquent for a violent crime from State
20 custody and by the sheriff of the appropriate county of
21 any such person's final discharge from county custody.
22 The Prisoner Review Board, upon written request, shall
23 provide to a victim or any other concerned citizen a
24 recent photograph of any person convicted of a felony,
25 upon his or her release from custody. The Prisoner Review
26 Board, upon written request, shall inform a victim or any
27 other concerned citizen when feasible at least 7 days
28 prior to the prisoner's release on furlough of the times
29 and dates of such furlough. Upon written request by the
30 victim or any other concerned citizen, the State's
31 Attorney shall notify the person once of the times and
32 dates of release of a prisoner sentenced to periodic
33 imprisonment. Notification shall be based on the most
34 recent information as to victim's or other concerned
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1 citizen's residence or other location available to the
2 notifying authority. For purposes of this paragraph (1)
3 of subsection (d), "concerned citizen" includes relatives
4 of the victim, friends of the victim, witnesses to the
5 crime, or any other person associated with the victim or
6 prisoner.
7 (2) When the defendant has been committed to the
8 Department of Human Services pursuant to Section 5-2-4 or
9 any other provision of the Unified Code of Corrections,
10 the victim may request to be notified by the releasing
11 authority of the defendant's discharge from State
12 custody.
13 (3) In the event of an escape from State custody,
14 the Department of Corrections immediately shall notify
15 the Prisoner Review Board of the escape and the Prisoner
16 Review Board shall notify the victim. The notification
17 shall be based upon the most recent information as to the
18 victim's residence or other location available to the
19 Board. When no such information is available, the Board
20 shall make all reasonable efforts to obtain the
21 information and make the notification. When the escapee
22 is apprehended, the Department of Corrections immediately
23 shall notify the Prisoner Review Board and the Board
24 shall notify the victim.
25 (4) The victim of the crime for which the prisoner
26 has been sentenced shall receive reasonable written
27 notice not less than 15 days prior to the parole hearing
28 and may submit, in writing, on film, videotape or other
29 electronic means or in the form of a recording or in
30 person at the parole hearing, information for
31 consideration by the Prisoner Review Board. The victim
32 shall be notified within 7 days after the prisoner has
33 been granted parole and shall be informed of the right to
34 inspect the registry of parole decisions, established
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1 under subsection (g) of Section 3-3-5 of the Unified Code
2 of Corrections. The provisions of this paragraph (4) are
3 subject to the Open Parole Hearings Act.
4 (5) If a statement is presented under Section 6,
5 the Prisoner Review Board shall inform the victim of any
6 order of discharge entered by the Board pursuant to
7 Section 3-3-8 of the Unified Code of Corrections.
8 (6) At the written request of the victim of the
9 crime for which the prisoner was sentenced, the Prisoner
10 Review Board shall notify the victim of the death of the
11 prisoner if the prisoner died while on parole or
12 mandatory supervised release.
13 (Source: P.A. 88-489; 88-559, eff. 1-1-95; 88-677, eff.
14 12-15-95; 88-680, eff. 1-1-95; 89-8, eff. 3-21-95; 89-235,
15 eff. 8-4-95; 89-481, eff. 1-1-97; 89-507, eff. 7-1-97;
16 revised 8-14-96.)
17 Section 2-50. The Unified Code of Corrections is amended
18 by changing Sections 3-2-2, 3-3-2, 3-6-2, 3-7-2, 3-15-2,
19 5-5-3, 5-5-3.2, 5-6-3, 5-6-3.1, 5-6-4, and 5-7-6 as follows:
20 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
21 Sec. 3-2-2. Powers and Duties of the Department.
22 (1) In addition to the powers, duties and
23 responsibilities which are otherwise provided by law, the
24 Department shall have the following powers:
25 (a) To accept persons committed to it by the courts of
26 this State for care, custody, treatment and rehabilitation.
27 (b) To develop and maintain reception and evaluation
28 units for purposes of analyzing the custody and
29 rehabilitation needs of persons committed to it and to assign
30 such persons to institutions and programs under its control
31 or transfer them to other appropriate agencies. In
32 consultation with the Department of Alcoholism and Substance
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1 Abuse (now the Department of Human Services), the Department
2 of Corrections shall develop a master plan for the screening
3 and evaluation of persons committed to its custody who have
4 alcohol or drug abuse problems, and for making appropriate
5 treatment available to such persons; the Department shall
6 report to the General Assembly on such plan not later than
7 April 1, 1987. The maintenance and implementation of such
8 plan shall be contingent upon the availability of funds.
9 (b-5) To develop, in consultation with the Department of
10 State Police, a program for tracking and evaluating each
11 inmate from commitment through release for recording his or
12 her gang affiliations, activities, or ranks.
13 (c) To maintain and administer all State correctional
14 institutions and facilities under its control and to
15 establish new ones as needed. Pursuant to its power to
16 establish new institutions and facilities, the Department
17 may, with the written approval of the Governor, authorize the
18 Department of Central Management Services to enter into an
19 agreement of the type described in subsection (d) of Section
20 67.02 of the Civil Administrative Code of Illinois. The
21 Department shall designate those institutions which shall
22 constitute the State Penitentiary System.
23 Pursuant to its power to establish new institutions and
24 facilities, the Department may authorize the Department of
25 Central Management Services to accept bids from counties and
26 municipalities for the construction, remodeling or conversion
27 of a structure to be leased to the Department of Corrections
28 for the purposes of its serving as a correctional institution
29 or facility. Such construction, remodeling or conversion may
30 be financed with revenue bonds issued pursuant to the
31 Industrial Building Revenue Bond Act by the municipality or
32 county. The lease specified in a bid shall be for a term of
33 not less than the time needed to retire any revenue bonds
34 used to finance the project, but not to exceed 40 years. The
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1 lease may grant to the State the option to purchase the
2 structure outright.
3 Upon receipt of the bids, the Department may certify one
4 or more of the bids and shall submit any such bids to the
5 General Assembly for approval. Upon approval of a bid by a
6 constitutional majority of both houses of the General
7 Assembly, pursuant to joint resolution, the Department of
8 Central Management Services may enter into an agreement with
9 the county or municipality pursuant to such bid.
10 (c-5) To build and maintain regional juvenile detention
11 centers and to charge a per diem to the counties as
12 established by the Department to defray the costs of housing
13 each minor in a center. In this subsection (c-5), "juvenile
14 detention center" means a facility to house minors during
15 pendency of trial who have been transferred from proceedings
16 under the Juvenile Court Act of 1987 to prosecutions under
17 the criminal laws of this State in accordance with Section
18 5-4 of the Juvenile Court Act of 1987, whether the transfer
19 was by operation of law or permissive under that Section.
20 The Department shall designate the counties to be served by
21 each regional juvenile detention center.
22 (d) To develop and maintain programs of control,
23 rehabilitation and employment of committed persons within its
24 institutions.
25 (e) To establish a system of supervision and guidance of
26 committed persons in the community.
27 (f) To establish in cooperation with the Department of
28 Transportation to supply a sufficient number of prisoners for
29 use by the Department of Transportation to clean up the trash
30 and garbage along State, county, township, or municipal
31 highways as designated by the Department of Transportation.
32 The Department of Corrections, at the request of the
33 Department of Transportation, shall furnish such prisoners at
34 least annually for a period to be agreed upon between the
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1 Director of Corrections and the Director of Transportation.
2 The prisoners used on this program shall be selected by the
3 Director of Corrections on whatever basis he deems proper in
4 consideration of their term, behavior and earned eligibility
5 to participate in such program - where they will be outside
6 of the prison facility but still in the custody of the
7 Department of Corrections. Prisoners convicted of first
8 degree murder, or a Class X felony, or armed violence, or
9 aggravated kidnapping, or criminal sexual assault,
10 aggravated criminal sexual abuse or a subsequent conviction
11 for criminal sexual abuse, or forcible detention, or arson,
12 or a prisoner adjudged a Habitual Criminal shall not be
13 eligible for selection to participate in such program. The
14 prisoners shall remain as prisoners in the custody of the
15 Department of Corrections and such Department shall furnish
16 whatever security is necessary. The Department of
17 Transportation shall furnish trucks and equipment for the
18 highway cleanup program and personnel to supervise and direct
19 the program. Neither the Department of Corrections nor the
20 Department of Transportation shall replace any regular
21 employee with a prisoner.
22 (g) To maintain records of persons committed to it and
23 to establish programs of research, statistics and planning.
24 (h) To investigate the grievances of any person
25 committed to the Department, to inquire into any alleged
26 misconduct by employees or committed persons, and to
27 investigate the assets of committed persons to implement
28 Section 3-7-6 of this Code; and for these purposes it may
29 issue subpoenas and compel the attendance of witnesses and
30 the production of writings and papers, and may examine under
31 oath any witnesses who may appear before it; to also
32 investigate alleged violations of a parolee's or releasee's
33 conditions of parole or release; and for this purpose it may
34 issue subpoenas and compel the attendance of witnesses and
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1 the production of documents only if there is reason to
2 believe that such procedures would provide evidence that such
3 violations have occurred.
4 If any person fails to obey a subpoena issued under this
5 subsection, the Director may apply to any circuit court to
6 secure compliance with the subpoena. The failure to comply
7 with the order of the court issued in response thereto shall
8 be punishable as contempt of court.
9 (i) To appoint and remove the chief administrative
10 officers, and administer programs of training and development
11 of personnel of the Department. Personnel assigned by the
12 Department to be responsible for the custody and control of
13 committed persons or to investigate the alleged misconduct of
14 committed persons or employees or alleged violations of a
15 parolee's or releasee's conditions of parole shall be
16 conservators of the peace for those purposes, and shall have
17 the full power of peace officers outside of the facilities of
18 the Department in the protection, arrest, retaking and
19 reconfining of committed persons or where the exercise of
20 such power is necessary to the investigation of such
21 misconduct or violations.
22 (j) To cooperate with other departments and agencies and
23 with local communities for the development of standards and
24 programs for better correctional services in this State.
25 (k) To administer all moneys and properties of the
26 Department.
27 (l) To report annually to the Governor on the committed
28 persons, institutions and programs of the Department.
29 (l-5) In a confidential annual report to the Governor,
30 the Department shall identify all inmate gangs by specifying
31 each current gang's name, population and allied gangs. The
32 Department shall further specify the number of top leaders
33 identified by the Department for each gang during the past
34 year, and the measures taken by the Department to segregate
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1 each leader from his or her gang and allied gangs. The
2 Department shall further report the current status of leaders
3 identified and segregated in previous years. All leaders
4 described in the report shall be identified by inmate number
5 or other designation to enable tracking, auditing, and
6 verification without revealing the names of the leaders.
7 Because this report contains law enforcement intelligence
8 information collected by the Department, the report is
9 confidential and not subject to public disclosure.
10 (m) To make all rules and regulations and exercise all
11 powers and duties vested by law in the Department.
12 (n) To establish rules and regulations for administering
13 a system of good conduct credits, established in accordance
14 with Section 3-6-3, subject to review by the Prisoner Review
15 Board.
16 (o) To administer the distribution of funds from the
17 State Treasury to reimburse counties where State penal
18 institutions are located for the payment of assistant state's
19 attorneys' salaries under Section 4-2001 of the Counties
20 Code.
21 (p) To exchange information with the Department of Human
22 Services and the Illinois Department of Public Aid for the
23 purpose of verifying living arrangements and for other
24 purposes directly connected with the administration of this
25 Code and the Illinois Public Aid Code.
26 (q) To establish a diversion program.
27 The program shall provide a structured environment for
28 selected technical parole or mandatory supervised release
29 violators and committed persons who have violated the rules
30 governing their conduct while in work release. This program
31 shall not apply to those persons who have committed a new
32 offense while serving on parole or mandatory supervised
33 release or while committed to work release.
34 Elements of the program shall include, but shall not be
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1 limited to, the following:
2 (1) The staff of a diversion facility shall provide
3 supervision in accordance with required objectives set by
4 the facility.
5 (2) Participants shall be required to maintain
6 employment.
7 (3) Each participant shall pay for room and board
8 at the facility on a sliding-scale basis according to the
9 participant's income.
10 (4) Each participant shall:
11 (A) provide restitution to victims in
12 accordance with any court order;
13 (B) provide financial support to his
14 dependents; and
15 (C) make appropriate payments toward any other
16 court-ordered obligations.
17 (5) Each participant shall complete community
18 service in addition to employment.
19 (6) Participants shall take part in such
20 counseling, educational and other programs as the
21 Department may deem appropriate.
22 (7) Participants shall submit to drug and alcohol
23 screening.
24 (8) The Department shall promulgate rules governing
25 the administration of the program.
26 (r) To enter into intergovernmental cooperation
27 agreements under which persons in the custody of the
28 Department may participate in a county impact incarceration
29 program established under Section 3-6038 or 3-15003.5 of the
30 Counties Code.
31 (r-5) To enter into intergovernmental cooperation
32 agreements under which minors adjudicated delinquent and
33 committed to the Department of Corrections, Juvenile
34 Division, may participate in a county juvenile impact
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1 incarceration program established under Section 3-6039 of the
2 Counties Code.
3 (r-10) To systematically and routinely identify with
4 respect to each streetgang active within the correctional
5 system: (1) each active gang; (2) every existing inter-gang
6 affiliation or alliance; and (3) the current leaders in each
7 gang. The Department shall promptly segregate leaders from
8 inmates who belong to their gangs and allied gangs.
9 "Segregate" means no physical contact and, to the extent
10 possible under the conditions and space available at the
11 correctional facility, prohibition of visual and sound
12 communication. For the purposes of this paragraph (r-10),
13 "leaders" means persons who:
14 (i) are members of a criminal streetgang;
15 (ii) with respect to other individuals within the
16 streetgang, occupy a position of organizer, supervisor,
17 or other position of management or leadership; and
18 (iii) are actively and personally engaged in
19 directing, ordering, authorizing, or requesting
20 commission of criminal acts by others, which are
21 punishable as a felony, in furtherance of streetgang
22 related activity both within and outside of the
23 Department of Corrections.
24 "Streetgang", "gang", and "streetgang related" have the
25 meanings ascribed to them in Section 10 of the Illinois
26 Streetgang Terrorism Omnibus Prevention Act.
27 (s) To operate a super-maximum security institution, in
28 order to manage and supervise inmates who are disruptive or
29 dangerous and provide for the safety and security of the
30 staff and the other inmates.
31 (t) To monitor any unprivileged conversation or any
32 unprivileged communication, whether in person or by mail,
33 telephone, or other means, between an inmate who, before
34 commitment to the Department, was a member of an organized
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1 gang and any other person without the need to show cause or
2 satisfy any other requirement of law before beginning the
3 monitoring, except as constitutionally required. The
4 monitoring may be by video, voice, or other method of
5 recording or by any other means. As used in this subdivision
6 (1)(t), "organized gang" has the meaning ascribed to it in
7 Section 10 of the Illinois Streetgang Terrorism Omnibus
8 Prevention Act.
9 As used in this subdivision (1)(t), "unprivileged
10 conversation" or "unprivileged communication" means a
11 conversation or communication that is not protected by any
12 privilege recognized by law or by decision, rule, or order of
13 the Illinois Supreme Court.
14 (u) To do all other acts necessary to carry out the
15 provisions of this Chapter.
16 (2) The Department of Corrections shall by January 1,
17 1998, consider building and operating a correctional facility
18 within 100 miles of a county of over 2,000,000 inhabitants,
19 especially a facility designed to house juvenile participants
20 in the impact incarceration program.
21 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
22 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
23 89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
24 8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
25 1-7-97.)
26 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
27 Sec. 3-3-2. Powers and Duties.
28 (a) The Parole and Pardon Board is abolished and the
29 term "Parole and Pardon Board" as used in any law of
30 Illinois, shall read "Prisoner Review Board." After the
31 effective date of this amendatory Act of 1977, the Prisoner
32 Review Board shall provide by rule for the orderly transition
33 of all files, records, and documents of the Parole and Pardon
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1 Board and for such other steps as may be necessary to effect
2 an orderly transition and shall:
3 (1) hear by at least one member and through a panel
4 of at least 3 members decide, cases of prisoners who were
5 sentenced under the law in effect prior to the effective
6 date of this amendatory Act of 1977, and who are eligible
7 for parole;
8 (2) hear by at least one member and through a panel
9 of at least 3 members decide, the conditions of parole
10 and the time of discharge from parole, impose sanctions
11 for violations of parole, and revoke parole for those
12 sentenced under the law in effect prior to this
13 amendatory Act of 1977; provided that the decision to
14 parole and the conditions of parole for all prisoners who
15 were sentenced for first degree murder or who received a
16 minimum sentence of 20 years or more under the law in
17 effect prior to February 1, 1978 shall be determined by a
18 majority vote of the Prisoner Review Board;
19 (3) hear by at least one member and through a panel
20 of at least 3 members decide, the conditions of mandatory
21 supervised release and the time of discharge from
22 mandatory supervised release, impose sanctions for
23 violations of mandatory supervised release, and revoke
24 mandatory supervised release for those sentenced under
25 the law in effect after the effective date of this
26 amendatory Act of 1977;
27 (4) hear by at least 1 member and through a panel
28 of at least 3 members, decide cases brought by the
29 Department of Corrections against a prisoner in the
30 custody of the Department for alleged violation of
31 Department rules with respect to good conduct credits
32 pursuant to Section 3-6-3 of this Code in which the
33 Department seeks to revoke good conduct credits, if the
34 amount of time at issue exceeds 30 days or when, during
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1 any 12 month period, the cumulative amount of credit
2 revoked exceeds 30 days except where the infraction is
3 committed or discovered within 60 days of scheduled
4 release. In such cases, the Department of Corrections may
5 revoke up to 30 days of good conduct credit. The Board
6 may subsequently approve the revocation of additional
7 good conduct credit, if the Department seeks to revoke
8 good conduct credit in excess of thirty days. However,
9 the Board shall not be empowered to review the
10 Department's decision with respect to the loss of 30 days
11 of good conduct credit for any prisoner or to increase
12 any penalty beyond the length requested by the
13 Department; and
14 (5) hear by at least one member and through a panel
15 of at least 3 members decide, the release dates for
16 certain prisoners sentenced under the law in existence
17 prior to the effective date of this amendatory Act of
18 1977, in accordance with Section 3-3-2.1 of this Code;
19 and
20 (6) hear by at least one member and through a panel
21 of at least 3 members decide, all requests for pardon,
22 reprieve or commutation, and make confidential
23 recommendations to the Governor; and
24 (7) comply with the requirements of the Open Parole
25 Hearings Act; and
26 (8) hear by at least one member and, through a
27 panel of at least 3 members, decide cases brought by the
28 Department of Corrections against a prisoner in the
29 custody of the Department for court dismissal of a
30 frivolous lawsuit pursuant to Section 3-6-3(d) of this
31 Code in which the Department seeks to revoke up to 180
32 days of good conduct credit, and if the prisoner has not
33 accumulated 180 days of good conduct credit at the time
34 of the dismissal, then all good conduct credit
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1 accumulated by the prisoner shall be revoked.
2 (a-5) The Prisoner Review Board, with the cooperation of
3 and in coordination with the Department of Corrections and
4 the Department of Central Management Services, shall
5 implement a pilot project in 3 correctional institutions
6 providing for the conduct of hearings under paragraphs (1)
7 and (4) of subsection (a) of this Section through interactive
8 video conferences. The project shall be implemented within 6
9 months after the effective date of this amendatory Act of
10 1996. Within 6 months after the implementation of the pilot
11 project, the Prisoner Review Board, with the cooperation of
12 and in coordination with the Department of Corrections and
13 the Department of Central Management Services, shall report
14 to the Governor and the General Assembly regarding the use,
15 costs, effectiveness, and future viability of interactive
16 video conferences for Prisoner Review Board hearings.
17 (b) Upon recommendation of the Department the Board may
18 restore good conduct credit previously revoked.
19 (c) The Board shall cooperate with the Department in
20 promoting an effective system of parole and mandatory
21 supervised release.
22 (d) The Board shall promulgate rules for the conduct of
23 its work, and the Chairman shall file a copy of such rules
24 and any amendments thereto with the Director and with the
25 Secretary of State.
26 (e) The Board shall keep records of all of its official
27 actions and shall make them accessible in accordance with law
28 and the rules of the Board.
29 (f) The Board or one who has allegedly violated the
30 conditions of his parole or mandatory supervised release may
31 require by subpoena the attendance and testimony of witnesses
32 and the production of documentary evidence relating to any
33 matter under investigation or hearing. The Chairman of the
34 Board may sign subpoenas which shall be served by any agent
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1 or public official authorized by the Chairman of the Board,
2 or by any person lawfully authorized to serve a subpoena
3 under the laws of the State of Illinois. The attendance of
4 witnesses, and the production of documentary evidence, may be
5 required from any place in the State to a hearing location in
6 the State before the Chairman of the Board or his designated
7 agent or agents or any duly constituted Committee or
8 Subcommittee of the Board. Witnesses so summoned shall be
9 paid the same fees and mileage that are paid witnesses in the
10 circuit courts of the State, and witnesses whose depositions
11 are taken and the persons taking those depositions are each
12 entitled to the same fees as are paid for like services in
13 actions in the circuit courts of the State. Fees and mileage
14 shall be vouchered for payment when the witness is discharged
15 from further attendance.
16 In case of disobedience to a subpoena, the Board may
17 petition any circuit court of the State for an order
18 requiring the attendance and testimony of witnesses or the
19 production of documentary evidence or both. A copy of such
20 petition shall be served by personal service or by registered
21 or certified mail upon the person who has failed to obey the
22 subpoena, and such person shall be advised in writing that a
23 hearing upon the petition will be requested in a court room
24 to be designated in such notice before the judge hearing
25 motions or extraordinary remedies at a specified time, on a
26 specified date, not less than 10 nor more than 15 days after
27 the deposit of the copy of the written notice and petition in
28 the U.S. mails addressed to the person at his last known
29 address or after the personal service of the copy of the
30 notice and petition upon such person. The court upon the
31 filing of such a petition, may order the person refusing to
32 obey the subpoena to appear at an investigation or hearing,
33 or to there produce documentary evidence, if so ordered, or
34 to give evidence relative to the subject matter of that
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1 investigation or hearing. Any failure to obey such order of
2 the circuit court may be punished by that court as a contempt
3 of court.
4 Each member of the Board and any hearing officer
5 designated by the Board shall have the power to administer
6 oaths and to take the testimony of persons under oath.
7 (g) Except under subsection (a) of this Section, a
8 majority of the members then appointed to the Prisoner Review
9 Board shall constitute a quorum for the transaction of all
10 business of the Board.
11 (h) The Prisoner Review Board shall annually transmit to
12 the Director a detailed report of its work for the preceding
13 calendar year. The annual report shall also be transmitted to
14 the Governor for submission to the Legislature.
15 (Source: P.A. 87-224; 89-490, eff. 1-1-97; 89-656, eff.
16 1-1-97; revised 8-16-96.)
17 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
18 Sec. 3-6-2. Institutions and Facility Administration.
19 (a) Each institution and facility of the Department
20 shall be administered by a chief administrative officer
21 appointed by the Director. A chief administrative officer
22 shall be responsible for all persons assigned to the
23 institution or facility. The chief administrative officer
24 shall administer the programs of the Department for the
25 custody and treatment of such persons.
26 (b) The chief administrative officer shall have such
27 assistants as the Department may assign.
28 (c) The Director or Assistant Director shall have the
29 emergency powers to temporarily transfer individuals without
30 formal procedures to any State, county, municipal or regional
31 correctional or detention institution or facility in the
32 State, subject to the acceptance of such receiving
33 institution or facility, or to designate any reasonably
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1 secure place in the State as such an institution or facility
2 and to make transfers thereto. However, transfers made under
3 emergency powers shall be reviewed as soon as practicable
4 under Article 8, and shall be subject to Section 1-7 of the
5 Juvenile Court Act of 1987. This Section shall not apply to
6 transfers to the Department of Human Services which are
7 provided for under Section 3-8-5 or Section 3-10-5.
8 (d) The Department shall provide educational programs
9 for all committed persons so that all persons have an
10 opportunity to attain the achievement level equivalent to the
11 completion of the twelfth grade in the public school system
12 in this State. Other higher levels of attainment shall be
13 encouraged and professional instruction shall be maintained
14 wherever possible. The Department may establish programs of
15 mandatory education and may establish rules and regulations
16 for the administration of such programs. A person committed
17 to the Department who, during the period of his or her
18 incarceration, participates in an educational program
19 provided by or through the Department and through that
20 program is awarded or earns the number of hours of credit
21 required for the award of an associate, baccalaureate, or
22 higher degree from a community college, college, or
23 university located in Illinois shall reimburse the State,
24 through the Department, for the costs incurred by the State
25 in providing that person during his or her incarceration with
26 the education that qualifies him or her for the award of that
27 degree. The costs for which reimbursement is required under
28 this subsection shall be determined and computed by the
29 Department under rules and regulations that it shall
30 establish for that purpose. However, interest at the rate of
31 6% per annum shall be charged on the balance of those costs
32 from time to time remaining unpaid, from the date of the
33 person's parole, mandatory supervised release, or release
34 constituting a final termination of his or her commitment to
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1 the Department until paid.
2 (e) A person committed to the Department who becomes in
3 need of medical or surgical treatment but is incapable of
4 giving consent thereto shall receive such medical or surgical
5 treatment by the chief administrative officer consenting on
6 the person's behalf. Before the chief administrative officer
7 consents, he or she shall obtain the advice of one or more
8 physicians licensed to practice medicine in all its branches
9 in this State. If such physician or physicians advise:
10 (1) that immediate medical or surgical treatment is
11 required relative to a condition threatening to cause
12 death, damage or impairment to bodily functions, or
13 disfigurement; and
14 (2) that the person is not capable of giving
15 consent to such treatment; the chief administrative
16 officer may give consent for such medical or surgical
17 treatment, and such consent shall be deemed to be the
18 consent of the person for all purposes, including, but
19 not limited to, the authority of a physician to give such
20 treatment.
21 (f) In the event that the person requires medical care
22 and treatment at a place other than the institution or
23 facility, the person may be removed therefrom under
24 conditions prescribed by the Department. The Department shall
25 require the committed person receiving medical or dental
26 services on a non-emergency basis to pay a $2 co-payment to
27 the Department for each visit for medical or dental services
28 at a place other than the institution or facility. The
29 amount of each co-payment shall be deducted from the
30 committed person's individual account. A committed person who
31 is indigent is exempt from the $2 co-payment and is entitled
32 to receive medical or dental services on the same basis as a
33 committed person who is financially able to afford the
34 co-payment.
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1 (g) Any person having sole custody of a child at the
2 time of commitment or any woman giving birth to a child after
3 her commitment, may arrange through the Department of
4 Children and Family Services for suitable placement of the
5 child outside of the Department of Corrections. The Director
6 of the Department of Corrections may determine that there are
7 special reasons why the child should continue in the custody
8 of the mother until the child is 6 years old.
9 (h) The Department may provide Family Responsibility
10 Services which may consist of, but not be limited to the
11 following:
12 (1) family advocacy counseling;
13 (2) parent self-help group;
14 (3) parenting skills training;
15 (4) parent and child overnight program;
16 (5) parent and child reunification counseling,
17 either separately or together, preceding the inmate's
18 release; and
19 (6) a prerelease reunification staffing involving
20 the family advocate, the inmate and the child's
21 counselor, or both and the inmate.
22 (i) Prior to the release of any inmate who has a
23 documented history of intravenous drug use, and upon the
24 receipt of that inmate's written informed consent, the
25 Department shall provide for the testing of such inmate for
26 infection with human immunodeficiency virus (HIV) and any
27 other identified causative agent of acquired immunodeficiency
28 syndrome (AIDS). The testing provided under this subsection
29 shall consist of an enzyme-linked immunosorbent assay (ELISA)
30 test or such other test as may be approved by the Illinois
31 Department of Public Health. If the test result is positive,
32 the Western Blot Assay or more reliable confirmatory test
33 shall be administered. All inmates tested in accordance with
34 the provisions of this subsection shall be provided with
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1 pre-test and post-test counseling. Notwithstanding any
2 provision of this subsection to the contrary, the Department
3 shall not be required to conduct the testing and counseling
4 required by this subsection unless sufficient funds to cover
5 all costs of such testing and counseling are appropriated for
6 that purpose by the General Assembly.
7 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
8 revised 9-12-96.)
9 (730 ILCS 5/3-7-2) (from Ch. 38, par. 1003-7-2)
10 Sec. 3-7-2. Facilities.
11 (a) All institutions and facilities of the Department
12 shall provide every committed person with access to toilet
13 facilities, barber facilities, bathing facilities at least
14 once each week, a library of legal materials and published
15 materials including newspapers and magazines approved by the
16 Director. A committed person may not receive any materials
17 that the Director deems pornographic.
18 (b) (Blank).
19 (c) All institutions and facilities of the Department
20 shall provide facilities for every committed person to leave
21 his cell for at least one hour each day unless the chief
22 administrative officer determines that it would be harmful or
23 dangerous to the security or safety of the institution or
24 facility.
25 (d) All institutions and facilities of the Department
26 shall provide every committed person with a wholesome and
27 nutritional diet at regularly scheduled hours, drinking
28 water, clothing adequate for the season, bedding, soap and
29 towels and medical and dental care.
30 (e) All institutions and facilities of the Department
31 shall permit every committed person to send and receive an
32 unlimited number of uncensored letters, provided, however,
33 that the Director may order that mail be inspected and read
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1 for reasons of the security, safety or morale of the
2 institution or facility.
3 (f) All of the institutions and facilities of the
4 Department shall permit every committed person to receive
5 visitors, except in case of abuse of the visiting privilege
6 or when the chief administrative officer determines that such
7 visiting would be harmful or dangerous to the security,
8 safety or morale of the institution or facility. The chief
9 administrative officer shall have the right to restrict
10 visitation to non-contact visits for reasons of safety,
11 security, and order, including, but not limited to,
12 restricting contact visits for committed persons engaged in
13 gang activity.
14 (g) All institutions and facilities of the Department
15 shall permit religious ministrations and sacraments to be
16 available to every committed person, but attendance at
17 religious services shall not be required.
18 (h) Within 90 days after December 31, 1996 the effective
19 date of this amendatory Act of 1996, the Department shall
20 prohibit the use of curtains, cell-coverings, or any other
21 matter or object that obstructs or otherwise impairs the line
22 of vision into a committed person's cell.
23 (Source: P.A. 89-609, eff. 1-1-97; 89-659, eff. 1-1-97;
24 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised 1-20-97.)
25 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
26 Sec. 3-15-2. Standards and Assistance to Local Jails and
27 Detention and Shelter Care Facilities.
28 (a) The Department shall establish for the operation of
29 county and municipal jails and houses of correction, and
30 county juvenile detention and shelter care facilities
31 established pursuant to the "County Shelter Care and
32 Detention Home Act", minimum standards for the physical
33 condition of such institutions and for the treatment of
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1 inmates with respect to their health and safety and the
2 security of the community.
3 Such standards shall not apply to county shelter care
4 facilities which were in operation prior to January 1, 1980.
5 Such standards shall not seek to mandate minimum floor space
6 requirements for each inmate housed in cells and detention
7 rooms in county and municipal jails and houses of correction.
8 However, no more than two inmates may be housed in a single
9 cell or detention room.
10 When an inmate is tested for an airborne communicable
11 disease, as determined by the Illinois Department of Public
12 Health including but not limited to tuberculosis, the results
13 of the test shall be personally delivered by the warden or
14 his or her designee in a sealed envelope to the judge of the
15 court in which the inmate must appear for the judge's
16 inspection in camera if requested by the judge. Acting in
17 accordance with the best interests of those in the courtroom,
18 the judge shall have the discretion to determine what if any
19 precautions need to be taken to prevent transmission of the
20 disease in the courtroom.
21 (b) At least once each year, the Department may inspect
22 each adult facility for compliance with the standards
23 established and the results of such inspection shall be made
24 available by the Department for public inspection. At least
25 once each year, the Department shall inspect each county
26 juvenile detention and shelter care facility for compliance
27 with the standards established, and the Department shall make
28 the results of such inspections available for public
29 inspection. If any detention, shelter care or correctional
30 facility does not comply with the standards established, the
31 Director of Corrections shall give notice to the county board
32 and the sheriff or the corporate authorities of the
33 municipality, as the case may be, of such noncompliance,
34 specifying the particular standards that have not been met by
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1 such facility. If the facility is not in compliance with such
2 standards when six months have elapsed from the giving of
3 such notice, the Director of Corrections may petition the
4 appropriate court for an order requiring such facility to
5 comply with the standards established by the Department or
6 for other appropriate relief.
7 (c) The Department may provide consultation services for
8 the design, construction, programs and administration of
9 detention, shelter care, and correctional facilities and
10 services for children and adults operated by counties and
11 municipalities and may make studies and surveys of the
12 programs and the administration of such facilities. Personnel
13 of the Department shall be admitted to these facilities as
14 required for such purposes. The Department may develop and
15 administer programs of grants-in-aid for correctional
16 services in cooperation with local agencies. The Department
17 may provide courses of training for the personnel of such
18 institutions and conduct pilot projects in the institutions.
19 (d) The Department is authorized to issue reimbursement
20 grants for counties, municipalities or public building
21 commissions for the purpose of meeting minimum correctional
22 facilities standards set by the Department under this
23 Section. Grants may be issued only for projects that were
24 completed after July 1, 1980 and initiated prior to January
25 1, 1987.
26 (1) Grants for regional correctional facilities
27 shall not exceed 90% of the project costs or $7,000,000,
28 whichever is less.
29 (2) Grants for correctional facilities by a single
30 county, municipality or public building commission shall
31 not exceed 75% of the proposed project costs or
32 $4,000,000, whichever is less.
33 (3) As used in this subsection (d), "project" means
34 only that part of a facility that is constructed for
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1 jail, correctional or detention purposes and does not
2 include other areas of multi-purpose buildings.
3 Construction or renovation grants are authorized to be
4 issued by the Capital Development Board from capital
5 development bond funds after application by a county or
6 counties, municipality or municipalities or public building
7 commission or commissions and approval of a construction or
8 renovation grant by the Department for projects initiated
9 after January 1, 1987.
10 (e) The Department shall adopt standards for county
11 jails to hold juveniles on a temporary basis, as provided in
12 Sections 5-7 and 5-10 of the Juvenile Court Act of 1987.
13 These standards shall include educational, recreational, and
14 disciplinary standards as well as access to medical services,
15 crisis intervention, mental health services, suicide
16 prevention, health care, nutritional needs, and visitation
17 rights. The Department shall also notify any county applying
18 to hold juveniles in a county jail of the monitoring and
19 program standards for juvenile detention facilities under
20 paragraphs (C-1)(a) and (C-1)(c) of subsection (2) of Section
21 5-7 and paragraphs (5.1)(a) and (5.1)(c) of Section 5-10 of
22 the Juvenile Court Act of 1987.
23 (Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
24 89-656, eff. 8-14-96; revised 8-19-96.)
25 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
26 Sec. 5-5-3. Disposition.
27 (a) Every person convicted of an offense shall be
28 sentenced as provided in this Section.
29 (b) The following options shall be appropriate
30 dispositions, alone or in combination, for all felonies and
31 misdemeanors other than those identified in subsection (c) of
32 this Section:
33 (1) A period of probation.
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1 (2) A term of periodic imprisonment.
2 (3) A term of conditional discharge.
3 (4) A term of imprisonment.
4 (5) An order directing the offender to clean up and
5 repair the damage, if the offender was convicted under
6 paragraph (h) of Section 21-1 of the Criminal Code of
7 1961.
8 (6) A fine.
9 (7) An order directing the offender to make
10 restitution to the victim under Section 5-5-6 of this
11 Code.
12 (8) A sentence of participation in a county impact
13 incarceration program under Section 5-8-1.2 of this Code.
14 Whenever an individual is sentenced for an offense based
15 upon an arrest for a violation of Section 11-501 of the
16 Illinois Vehicle Code, or a similar provision of a local
17 ordinance, and the professional evaluation recommends
18 remedial or rehabilitative treatment or education, neither
19 the treatment nor the education shall be the sole disposition
20 and either or both may be imposed only in conjunction with
21 another disposition. The court shall monitor compliance with
22 any remedial education or treatment recommendations contained
23 in the professional evaluation. Programs conducting alcohol
24 or other drug evaluation or remedial education must be
25 licensed by the Department of Human Services. However, if
26 the individual is not a resident of Illinois, the court may
27 accept an alcohol or other drug evaluation or remedial
28 education program in the state of such individual's
29 residence. Programs providing treatment must be licensed
30 under existing applicable alcoholism and drug treatment
31 licensure standards.
32 In addition to any other fine or penalty required by law,
33 any individual convicted of a violation of Section 11-501 of
34 the Illinois Vehicle Code or a similar provision of local
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1 ordinance, whose operation of a motor vehicle while in
2 violation of Section 11-501 or such ordinance proximately
3 caused an incident resulting in an appropriate emergency
4 response, shall be required to make restitution to a public
5 agency for the costs of that emergency response. Such
6 restitution shall not exceed $500 per public agency for each
7 such emergency response. For the purpose of this paragraph,
8 emergency response shall mean any incident requiring a
9 response by: a police officer as defined under Section 1-162
10 of the Illinois Vehicle Code; a fireman carried on the rolls
11 of a regularly constituted fire department; and an ambulance
12 as defined under Section 4.05 of the Emergency Medical
13 Services (EMS) Systems Act.
14 Neither a fine nor restitution shall be the sole
15 disposition for a felony and either or both may be imposed
16 only in conjunction with another disposition.
17 (c) (1) When a defendant is found guilty of first degree
18 murder the State may either seek a sentence of
19 imprisonment under Section 5-8-1 of this Code, or where
20 appropriate seek a sentence of death under Section 9-1 of
21 the Criminal Code of 1961.
22 (2) A period of probation, a term of periodic
23 imprisonment or conditional discharge shall not be
24 imposed for the following offenses. The court shall
25 sentence the offender to not less than the minimum term
26 of imprisonment set forth in this Code for the following
27 offenses, and may order a fine or restitution or both in
28 conjunction with such term of imprisonment:
29 (A) First degree murder where the death
30 penalty is not imposed.
31 (B) Attempted first degree murder.
32 (C) A Class X felony.
33 (D) A violation of Section 401.1 or 407 of the
34 Illinois Controlled Substances Act, or a violation
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1 of subdivision (c)(2) of Section 401 of that Act
2 which relates to more than 5 grams of a substance
3 containing cocaine or an analog thereof.
4 (E) A violation of Section 5.1 or 9 of the
5 Cannabis Control Act.
6 (F) A Class 2 or greater felony if the
7 offender had been convicted of a Class 2 or greater
8 felony within 10 years of the date on which he
9 committed the offense for which he is being
10 sentenced.
11 (G) Residential burglary.
12 (H) Criminal sexual assault, except as
13 otherwise provided in subsection (e) of this
14 Section.
15 (I) Aggravated battery of a senior citizen.
16 (J) A forcible felony if the offense was
17 related to the activities of an organized gang.
18 Before July 1, 1994, for the purposes of this
19 paragraph, "organized gang" means an association of
20 5 or more persons, with an established hierarchy,
21 that encourages members of the association to
22 perpetrate crimes or provides support to the members
23 of the association who do commit crimes.
24 Beginning July 1, 1994, for the purposes of
25 this paragraph, "organized gang" has the meaning
26 ascribed to it in Section 10 of the Illinois
27 Streetgang Terrorism Omnibus Prevention Act.
28 (K) Vehicular hijacking.
29 (L) A second or subsequent conviction for the
30 offense of hate crime when the underlying offense
31 upon which the hate crime is based is felony
32 aggravated assault or felony mob action.
33 (M) A second or subsequent conviction for the
34 offense of institutional vandalism if the damage to
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1 the property exceeds $300.
2 (N) A Class 3 felony violation of paragraph
3 (1) of subsection (a) of Section 2 of the Firearm
4 Owners Identification Card Act.
5 (O) A violation of Section 12-6.1 of the
6 Criminal Code of 1961.
7 (3) A minimum term of imprisonment of not less than
8 48 consecutive hours or 100 hours of community service as
9 may be determined by the court shall be imposed for a
10 second or subsequent violation committed within 5 years
11 of a previous violation of Section 11-501 of the Illinois
12 Vehicle Code or a similar provision of a local ordinance.
13 (4) A minimum term of imprisonment of not less than
14 7 consecutive days or 30 days of community service shall
15 be imposed for a violation of paragraph (c) of Section
16 6-303 of the Illinois Vehicle Code.
17 (4.1) A minimum term of 30 consecutive days of
18 imprisonment, 40 days of 24 hour periodic imprisonment or
19 720 hours of community service, as may be determined by
20 the court, shall be imposed for a violation of Section
21 11-501 of the Illinois Vehicle Code during a period in
22 which the defendant's driving privileges are revoked or
23 suspended, where the revocation or suspension was for a
24 violation of Section 11-501 or Section 11-501.1 of that
25 Code.
26 (5) The court may sentence an offender convicted of
27 a business offense or a petty offense or a corporation or
28 unincorporated association convicted of any offense to:
29 (A) a period of conditional discharge;
30 (B) a fine;
31 (C) make restitution to the victim under
32 Section 5-5-6 of this Code.
33 (6) In no case shall an offender be eligible for a
34 disposition of probation or conditional discharge for a
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1 Class 1 felony committed while he was serving a term of
2 probation or conditional discharge for a felony.
3 (7) When a defendant is adjudged a habitual
4 criminal under Article 33B of the Criminal Code of 1961,
5 the court shall sentence the defendant to a term of
6 natural life imprisonment.
7 (8) When a defendant, over the age of 21 years, is
8 convicted of a Class 1 or Class 2 felony, after having
9 twice been convicted of any Class 2 or greater Class
10 felonies in Illinois, and such charges are separately
11 brought and tried and arise out of different series of
12 acts, such defendant shall be sentenced as a Class X
13 offender. This paragraph shall not apply unless (1) the
14 first felony was committed after the effective date of
15 this amendatory Act of 1977; and (2) the second felony
16 was committed after conviction on the first; and (3) the
17 third felony was committed after conviction on the
18 second.
19 (9) A defendant convicted of a second or subsequent
20 offense of ritualized abuse of a child may be sentenced
21 to a term of natural life imprisonment.
22 (10) Beginning July 1, 1994, unless sentencing
23 under Section 33B-1 is applicable, a term of imprisonment
24 of not less than 15 years nor more than 50 years shall be
25 imposed on a defendant who violates Section 33A-2 of the
26 Criminal Code of 1961 with a firearm, when that person
27 has been convicted in any state or federal court of 3 or
28 more of the following offenses: treason, first degree
29 murder, second degree murder, aggravated criminal sexual
30 assault, criminal sexual assault, robbery, burglary,
31 arson, kidnaping, aggravated battery resulting in great
32 bodily harm or permanent disability or disfigurement, or
33 a violation of Section 401(a) of the Illinois Controlled
34 Substances Act, when the third offense was committed
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1 after conviction on the second, the second offense was
2 committed after conviction on the first, and the
3 violation of Section 33A-2 of the Criminal Code of 1961
4 was committed after conviction on the third.
5 (11) Beginning July 1, 1994, a term of imprisonment
6 of not less than 10 years and not more than 30 years
7 shall be imposed on a defendant who violates Section
8 33A-2 with a Category I weapon where the offense was
9 committed in any school, or any conveyance owned, leased,
10 or contracted by a school to transport students to or
11 from school or a school related activity, on the real
12 property comprising any school or public park, and where
13 the offense was related to the activities of an organized
14 gang. For the purposes of this paragraph (11),
15 "organized gang" has the meaning ascribed to it in
16 Section 10 of the Illinois Streetgang Terrorism Omnibus
17 Prevention Act.
18 (d) In any case in which a sentence originally imposed
19 is vacated, the case shall be remanded to the trial court.
20 The trial court shall hold a hearing under Section 5-4-1 of
21 the Unified Code of Corrections which may include evidence of
22 the defendant's life, moral character and occupation during
23 the time since the original sentence was passed. The trial
24 court shall then impose sentence upon the defendant. The
25 trial court may impose any sentence which could have been
26 imposed at the original trial subject to Section 5-5-4 of the
27 Unified Code of Corrections.
28 (e) In cases where prosecution for criminal sexual
29 assault or aggravated criminal sexual abuse under Section
30 12-13 or 12-16 of the Criminal Code of 1961 results in
31 conviction of a defendant who was a family member of the
32 victim at the time of the commission of the offense, the
33 court shall consider the safety and welfare of the victim and
34 may impose a sentence of probation only where:
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1 (1) the court finds (A) or (B) or both are
2 appropriate:
3 (A) the defendant is willing to undergo a
4 court approved counseling program for a minimum
5 duration of 2 years; or
6 (B) the defendant is willing to participate in
7 a court approved plan including but not limited to
8 the defendant's:
9 (i) removal from the household;
10 (ii) restricted contact with the victim;
11 (iii) continued financial support of the
12 family;
13 (iv) restitution for harm done to the
14 victim; and
15 (v) compliance with any other measures
16 that the court may deem appropriate; and
17 (2) the court orders the defendant to pay for the
18 victim's counseling services, to the extent that the
19 court finds, after considering the defendant's income and
20 assets, that the defendant is financially capable of
21 paying for such services, if the victim was under 18
22 years of age at the time the offense was committed and
23 requires counseling as a result of the offense.
24 Probation may be revoked or modified pursuant to Section
25 5-6-4; except where the court determines at the hearing that
26 the defendant violated a condition of his or her probation
27 restricting contact with the victim or other family members
28 or commits another offense with the victim or other family
29 members, the court shall revoke the defendant's probation and
30 impose a term of imprisonment.
31 For the purposes of this Section, "family member" and
32 "victim" shall have the meanings ascribed to them in Section
33 12-12 of the Criminal Code of 1961.
34 (f) This Article shall not deprive a court in other
HB1269 Engrossed -416- LRB9001000EGfg
1 proceedings to order a forfeiture of property, to suspend or
2 cancel a license, to remove a person from office, or to
3 impose any other civil penalty.
4 (g) Whenever a defendant is convicted of an offense
5 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
6 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
7 12-15 or 12-16 of the Criminal Code of 1961, the defendant
8 shall undergo medical testing to determine whether the
9 defendant has any sexually transmissible disease, including a
10 test for infection with human immunodeficiency virus (HIV) or
11 any other identified causative agent of acquired
12 immunodeficiency syndrome (AIDS). Any such medical test
13 shall be performed only by appropriately licensed medical
14 practitioners and may include an analysis of any bodily
15 fluids as well as an examination of the defendant's person.
16 Except as otherwise provided by law, the results of such test
17 shall be kept strictly confidential by all medical personnel
18 involved in the testing and must be personally delivered in a
19 sealed envelope to the judge of the court in which the
20 conviction was entered for the judge's inspection in camera.
21 Acting in accordance with the best interests of the victim
22 and the public, the judge shall have the discretion to
23 determine to whom, if anyone, the results of the testing may
24 be revealed. The court shall notify the defendant of the test
25 results. The court shall also notify the victim if requested
26 by the victim, and if the victim is under the age of 15 and
27 if requested by the victim's parents or legal guardian, the
28 court shall notify the victim's parents or legal guardian of
29 the test results. The court shall provide information on the
30 availability of HIV testing and counseling at Department of
31 Public Health facilities to all parties to whom the results
32 of the testing are revealed and shall direct the State's
33 Attorney to provide the information to the victim when
34 possible. A State's Attorney may petition the court to obtain
HB1269 Engrossed -417- LRB9001000EGfg
1 the results of any HIV test administered under this Section,
2 and the court shall grant the disclosure if the State's
3 Attorney shows it is relevant in order to prosecute a charge
4 of criminal transmission of HIV under Section 12-16.2 of the
5 Criminal Code of 1961 against the defendant. The court shall
6 order that the cost of any such test shall be paid by the
7 county and may be taxed as costs against the convicted
8 defendant.
9 (g-5) When an inmate is tested for an airborne
10 communicable disease, as determined by the Illinois
11 Department of Public Health including but not limited to
12 tuberculosis, the results of the test shall be personally
13 delivered by the warden or his or her designee in a sealed
14 envelope to the judge of the court in which the inmate must
15 appear for the judge's inspection in camera if requested by
16 the judge. Acting in accordance with the best interests of
17 those in the courtroom, the judge shall have the discretion
18 to determine what if any precautions need to be taken to
19 prevent transmission of the disease in the courtroom.
20 (h) Whenever a defendant is convicted of an offense
21 under Section 1 or 2 of the Hypodermic Syringes and Needles
22 Act, the defendant shall undergo medical testing to determine
23 whether the defendant has been exposed to human
24 immunodeficiency virus (HIV) or any other identified
25 causative agent of acquired immunodeficiency syndrome (AIDS).
26 Except as otherwise provided by law, the results of such test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 conviction was entered for the judge's inspection in camera.
31 Acting in accordance with the best interests of the public,
32 the judge shall have the discretion to determine to whom, if
33 anyone, the results of the testing may be revealed. The court
34 shall notify the defendant of a positive test showing an
HB1269 Engrossed -418- LRB9001000EGfg
1 infection with the human immunodeficiency virus (HIV). The
2 court shall provide information on the availability of HIV
3 testing and counseling at Department of Public Health
4 facilities to all parties to whom the results of the testing
5 are revealed and shall direct the State's Attorney to provide
6 the information to the victim when possible. A State's
7 Attorney may petition the court to obtain the results of any
8 HIV test administered under this Section, and the court
9 shall grant the disclosure if the State's Attorney shows it
10 is relevant in order to prosecute a charge of criminal
11 transmission of HIV under Section 12-16.2 of the Criminal
12 Code of 1961 against the defendant. The court shall order
13 that the cost of any such test shall be paid by the county
14 and may be taxed as costs against the convicted defendant.
15 (i) All fines and penalties imposed under this Section
16 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
17 Vehicle Code, or a similar provision of a local ordinance,
18 and any violation of the Child Passenger Protection Act, or a
19 similar provision of a local ordinance, shall be collected
20 and disbursed by the circuit clerk as provided under Section
21 27.5 of the Clerks of Courts Act.
22 (j) In cases when prosecution for any violation of
23 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
24 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
25 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
26 12-16 of the Criminal Code of 1961, any violation of the
27 Illinois Controlled Substances Act, or any violation of the
28 Cannabis Control Act results in conviction, a disposition of
29 court supervision, or an order of probation granted under
30 Section 10 of the Cannabis Control Act or Section 410 of the
31 Illinois Controlled Substance Act of a defendant, the court
32 shall determine whether the defendant is employed by a
33 facility or center as defined under the Child Care Act of
34 1969, a public or private elementary or secondary school, or
HB1269 Engrossed -419- LRB9001000EGfg
1 otherwise works with children under 18 years of age on a
2 daily basis. When a defendant is so employed, the court
3 shall order the Clerk of the Court to send a copy of the
4 judgment of conviction or order of supervision or probation
5 to the defendant's employer by certified mail. If the
6 employer of the defendant is a school, the Clerk of the Court
7 shall direct the mailing of a copy of the judgment of
8 conviction or order of supervision or probation to the
9 appropriate regional superintendent of schools. The regional
10 superintendent of schools shall notify the State Board of
11 Education of any notification under this subsection.
12 (j-5) A defendant at least 17 years of age who is
13 convicted of a felony and who has not been previously
14 convicted of a misdemeanor or felony and who is sentenced to
15 a term of imprisonment in the Illinois Department of
16 Corrections shall as a condition of his or her sentence be
17 required by the court to attend educational courses designed
18 to prepare the defendant for a high school diploma and to
19 work toward a high school diploma or to work toward passing
20 the high school level Test of General Educational Development
21 (GED) or to work toward completing a vocational training
22 program offered by the Department of Corrections. If a
23 defendant fails to complete the educational training required
24 by his or her sentence during the term of incarceration, the
25 Prisoner Review Board shall, as a condition of mandatory
26 supervised release, require the defendant, at his or her own
27 expense, to pursue a course of study toward a high school
28 diploma or passage of the GED test. The Prisoner Review
29 Board shall revoke the mandatory supervised release of a
30 defendant who wilfully fails to comply with this subsection
31 (j-5) upon his or her release from confinement in a penal
32 institution while serving a mandatory supervised release
33 term; however, the inability of the defendant after making a
34 good faith effort to obtain financial aid or pay for the
HB1269 Engrossed -420- LRB9001000EGfg
1 educational training shall not be deemed a wilful failure to
2 comply. The Prisoner Review Board shall recommit the
3 defendant whose mandatory supervised release term has been
4 revoked under this subsection (j-5) as provided in Section
5 3-3-9. This subsection (j-5) does not apply to a defendant
6 who has a high school diploma or has successfully passed the
7 GED test. This subsection (j-5) does not apply to a defendant
8 who is determined by the court to be developmentally disabled
9 or otherwise mentally incapable of completing the educational
10 or vocational program.
11 (k) A court may not impose a sentence or disposition for
12 a felony or misdemeanor that requires the defendant to be
13 implanted or injected with or to use any form of birth
14 control.
15 (l)(A) Except as provided in paragraph (C) of subsection
16 (l), whenever a defendant, who is an alien as defined by the
17 Immigration and Nationality Act, is convicted of any felony
18 or misdemeanor offense, the court after sentencing the
19 defendant may, upon motion of the State's Attorney, hold
20 sentence in abeyance and remand the defendant to the custody
21 of the Attorney General of the United States or his or her
22 designated agent to be deported when:
23 (1) a final order of deportation has been issued
24 against the defendant pursuant to proceedings under the
25 Immigration and Nationality Act, and
26 (2) the deportation of the defendant would not
27 deprecate the seriousness of the defendant's conduct and
28 would not be inconsistent with the ends of justice.
29 Otherwise, the defendant shall be sentenced as provided
30 in this Chapter V.
31 (B) If the defendant has already been sentenced for a
32 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, the
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1 court may, upon motion of the State's Attorney to suspend the
2 sentence imposed, commit the defendant to the custody of the
3 Attorney General of the United States or his or her
4 designated agent when:
5 (1) a final order of deportation has been issued
6 against the defendant pursuant to proceedings under the
7 Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct and
10 would not be inconsistent with the ends of justice.
11 (C) This subsection (l) does not apply to offenders who
12 are subject to the provisions of paragraph (2) of subsection
13 (a) of Section 3-6-3.
14 (D) Upon motion of the State's Attorney, if a defendant
15 sentenced under this Section returns to the jurisdiction of
16 the United States, the defendant shall be recommitted to the
17 custody of the county from which he or she was sentenced.
18 Thereafter, the defendant shall be brought before the
19 sentencing court, which may impose any sentence that was
20 available under Section 5-5-3 at the time of initial
21 sentencing. In addition, the defendant shall not be eligible
22 for additional good conduct credit for meritorious service as
23 provided under Section 3-6-6.
24 (Source: P.A. 88-45; 88-336; 88-351; 88-460; 88-467; 88-510;
25 88-659; 88-670, eff. 12-2-94; 88-680, eff. 1-1-95; 89-8, eff.
26 3-21-95; 89-314, eff. 1-1-96; 89-428, eff. 12-13-95; 89-462,
27 eff. 5-29-96; 89-477, eff. 6-18-96; 89-507, eff. 7-1-97;
28 89-545, eff. 7-25-96; 89-587, eff. 7-31-96; 89-627, eff.
29 1-1-97; 89-688, eff. 6-1-97; revised 1-7-97.)
30 (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
31 Sec. 5-5-3.2. Factors in Aggravation.
32 (a) The following factors shall be accorded weight in
33 favor of imposing a term of imprisonment or may be considered
HB1269 Engrossed -422- LRB9001000EGfg
1 by the court as reasons to impose a more severe sentence
2 under Section 5-8-1:
3 (1) the defendant's conduct caused or threatened
4 serious harm;
5 (2) the defendant received compensation for
6 committing the offense;
7 (3) the defendant has a history of prior
8 delinquency or criminal activity;
9 (4) the defendant, by the duties of his office or
10 by his position, was obliged to prevent the particular
11 offense committed or to bring the offenders committing it
12 to justice;
13 (5) the defendant held public office at the time of
14 the offense, and the offense related to the conduct of
15 that office;
16 (6) the defendant utilized his professional
17 reputation or position in the community to commit the
18 offense, or to afford him an easier means of committing
19 it;
20 (7) the sentence is necessary to deter others from
21 committing the same crime;
22 (8) the defendant committed the offense against a
23 person 60 years of age or older or such person's
24 property;
25 (9) the defendant committed the offense against a
26 person who is physically handicapped or such person's
27 property;
28 (10) by reason of another individual's actual or
29 perceived race, color, creed, religion, ancestry, gender,
30 sexual orientation, physical or mental disability, or
31 national origin, the defendant committed the offense
32 against (i) the person or property of that individual;
33 (ii) the person or property of a person who has an
34 association with, is married to, or has a friendship with
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1 the other individual; or (iii) the person or property of
2 a relative (by blood or marriage) of a person described
3 in clause (i) or (ii). For the purposes of this Section,
4 "sexual orientation" means heterosexuality,
5 homosexuality, or bisexuality;
6 (11) the offense took place in a place of worship
7 or on the grounds of a place of worship, immediately
8 prior to, during or immediately following worship
9 services. For purposes of this subparagraph, "place of
10 worship" shall mean any church, synagogue or other
11 building, structure or place used primarily for religious
12 worship;
13 (12) the defendant was convicted of a felony
14 committed while he was released on bail or his own
15 recognizance pending trial for a prior felony and was
16 convicted of such prior felony, or the defendant was
17 convicted of a felony committed while he was serving a
18 period of probation, conditional discharge, or mandatory
19 supervised release under subsection (d) of Section 5-8-1
20 for a prior felony;
21 (13) the defendant committed or attempted to commit
22 a felony while he was wearing a bulletproof vest. For
23 the purposes of this paragraph (13), a bulletproof vest
24 is any device which is designed for the purpose of
25 protecting the wearer from bullets, shot or other lethal
26 projectiles;
27 (14) the defendant held a position of trust or
28 supervision such as, but not limited to, family member as
29 defined in Section 12-12 of the Criminal Code of 1961,
30 teacher, scout leader, baby sitter, or day care worker,
31 in relation to a victim under 18 years of age, and the
32 defendant committed an offense in violation of Section
33 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
34 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
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1 1961 against that victim;
2 (15) the defendant committed an offense related to
3 the activities of an organized gang. For the purposes of
4 this factor, "organized gang" has the meaning ascribed to
5 it in Section 10 of the Streetgang Terrorism Omnibus
6 Prevention Act;
7 (16) the defendant committed an offense in
8 violation of one of the following Sections while in a
9 school, regardless of the time of day or time of year; on
10 any conveyance owned, leased, or contracted by a school
11 to transport students to or from school or a school
12 related activity; on the real property of a school; or on
13 a public way within 1,000 feet of the real property
14 comprising any school: Section 10-1, 10-2, 10-5, 11-15.1,
15 11-17.1, 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1,
16 12-4.2, 12-4.3, 12-6, 12-6.1, 12-13, 12-14, 12-14.1,
17 12-15, 12-16, 18-2, or 33A-2 of the Criminal Code of
18 1961.
19 For the purposes of this Section, "school" is defined as
20 a public or private elementary or secondary school, community
21 college, college, or university.
22 (b) The following factors may be considered by the court
23 as reasons to impose an extended term sentence under Section
24 5-8-2 upon any offender:
25 (1) When a defendant is convicted of any felony,
26 after having been previously convicted in Illinois or any
27 other jurisdiction of the same or similar class felony or
28 greater class felony, when such conviction has occurred
29 within 10 years after the previous conviction, excluding
30 time spent in custody, and such charges are separately
31 brought and tried and arise out of different series of
32 acts; or
33 (2) When a defendant is convicted of any felony and
34 the court finds that the offense was accompanied by
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1 exceptionally brutal or heinous behavior indicative of
2 wanton cruelty; or
3 (3) When a defendant is convicted of voluntary
4 manslaughter, second degree murder, involuntary
5 manslaughter or reckless homicide in which the defendant
6 has been convicted of causing the death of more than one
7 individual; or
8 (4) When a defendant is convicted of any felony
9 committed against:
10 (i) a person under 12 years of age at the time
11 of the offense or such person's property;
12 (ii) a person 60 years of age or older at the
13 time of the offense or such person's property; or
14 (iii) a person physically handicapped at the
15 time of the offense or such person's property; or
16 (5) In the case of a defendant convicted of
17 aggravated criminal sexual assault or criminal sexual
18 assault, when the court finds that aggravated criminal
19 sexual assault or criminal sexual assault was also
20 committed on the same victim by one or more other
21 individuals, and the defendant voluntarily participated
22 in the crime with the knowledge of the participation of
23 the others in the crime, and the commission of the crime
24 was part of a single course of conduct during which there
25 was no substantial change in the nature of the criminal
26 objective; or
27 (6) When a defendant is convicted of any felony and
28 the offense involved any of the following types of
29 specific misconduct committed as part of a ceremony,
30 rite, initiation, observance, performance, practice or
31 activity of any actual or ostensible religious,
32 fraternal, or social group:
33 (i) the brutalizing or torturing of humans or
34 animals;
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1 (ii) the theft of human corpses;
2 (iii) the kidnapping of humans;
3 (iv) the desecration of any cemetery,
4 religious, fraternal, business, governmental,
5 educational, or other building or property; or
6 (v) ritualized abuse of a child; or
7 (7) When a defendant is convicted of first degree
8 murder, after having been previously convicted in
9 Illinois of any offense listed under paragraph (c)(2) of
10 Section 5-5-3, when such conviction has occurred within
11 10 years after the previous conviction, excluding time
12 spent in custody, and such charges are separately brought
13 and tried and arise out of different series of acts; or
14 (8) When a defendant is convicted of a felony other
15 than conspiracy and the court finds that the felony was
16 committed under an agreement with 2 or more other persons
17 to commit that offense and the defendant, with respect to
18 the other individuals, occupied a position of organizer,
19 supervisor, financier, or any other position of
20 management or leadership, and the court further finds
21 that the felony committed was related to or in
22 furtherance of the criminal activities of an organized
23 gang or was motivated by the defendant's leadership in an
24 organized gang; or
25 (9) When a defendant is convicted of a felony
26 violation of Section 24-1 of the Criminal Code of 1961
27 and the court finds that the defendant is a member of an
28 organized gang.
29 (b-1) For the purposes of this Section, "organized gang"
30 has the meaning ascribed to it in Section 10 of the Illinois
31 Streetgang Terrorism Omnibus Prevention Act.
32 (c) The court may impose an extended term sentence under
33 Section 5-8-2 upon any offender who was convicted of
34 aggravated criminal sexual assault where the victim was under
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1 18 years of age at the time of the commission of the offense.
2 (Source: P.A. 88-45; 88-215; 88-659; 88-677, eff. 12-15-94;
3 88-678, eff. 7-1-95; 88-680, eff. 1-1-95; 89-235, eff.
4 8-4-95; 89-377, eff. 8-18-95; 89-428, eff. 12-13-95; 89-462,
5 eff. 5-29-96; 89-689 (Sections 65 and 115), eff. 12-31-96;
6 revised 1-22-97.)
7 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
8 Sec. 5-6-3. Conditions of Probation and of Conditional
9 Discharge.
10 (a) The conditions of probation and of conditional
11 discharge shall be that the person:
12 (1) not violate any criminal statute of any
13 jurisdiction;
14 (2) report to or appear in person before such
15 person or agency as directed by the court;
16 (3) refrain from possessing a firearm or other
17 dangerous weapon;
18 (4) not leave the State without the consent of the
19 court or, in circumstances in which the reason for the
20 absence is of such an emergency nature that prior consent
21 by the court is not possible, without the prior
22 notification and approval of the person's probation
23 officer;
24 (5) permit the probation officer to visit him at
25 his home or elsewhere to the extent necessary to
26 discharge his duties;
27 (6) perform no less than 30 hours of community
28 service and not more than 120 hours of community service,
29 if community service is available in the jurisdiction and
30 is funded and approved by the county board where the
31 offense was committed, where the offense was related to
32 or in furtherance of the criminal activities of an
33 organized gang and was motivated by the offender's
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1 membership in or allegiance to an organized gang. The
2 community service shall include, but not be limited to,
3 the cleanup and repair of any damage caused by a
4 violation of Section 21-1.3 of the Criminal Code of 1961
5 and similar damage to property located within the
6 municipality or county in which the violation occurred.
7 When possible and reasonable, the community service
8 should be performed in the offender's neighborhood. For
9 purposes of this Section, "organized gang" has the
10 meaning ascribed to it in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act; and
12 (7) if he or she is at least 17 years of age and
13 has been sentenced to probation or conditional discharge
14 for a misdemeanor or felony in a county of 3,000,000 or
15 more inhabitants and has not been previously convicted of
16 a misdemeanor or felony, may be required by the
17 sentencing court to attend educational courses designed
18 to prepare the defendant for a high school diploma and to
19 work toward a high school diploma or to work toward
20 passing the high school level Test of General Educational
21 Development (GED) or to work toward completing a
22 vocational training program approved by the court. The
23 person on probation or conditional discharge must attend
24 a public institution of education to obtain the
25 educational or vocational training required by this
26 clause (7). The court shall revoke the probation or
27 conditional discharge of a person who wilfully fails to
28 comply with this clause (7). The person on probation or
29 conditional discharge shall be required to pay for the
30 cost of the educational courses or GED test, if a fee is
31 charged for those courses or test. The court shall
32 resentence the offender whose probation or conditional
33 discharge has been revoked as provided in Section 5-6-4.
34 This clause (7) does not apply to a person who has a high
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1 school diploma or has successfully passed the GED test.
2 This clause (7) does not apply to a person who is
3 determined by the court to be developmentally disabled or
4 otherwise mentally incapable of completing the
5 educational or vocational program.
6 (b) The Court may in addition to other reasonable
7 conditions relating to the nature of the offense or the
8 rehabilitation of the defendant as determined for each
9 defendant in the proper discretion of the Court require that
10 the person:
11 (1) serve a term of periodic imprisonment under
12 Article 7 for a period not to exceed that specified in
13 paragraph (d) of Section 5-7-1;
14 (2) pay a fine and costs;
15 (3) work or pursue a course of study or vocational
16 training;
17 (4) undergo medical, psychological or psychiatric
18 treatment; or treatment for drug addiction or alcoholism;
19 (5) attend or reside in a facility established for
20 the instruction or residence of defendants on probation;
21 (6) support his dependents;
22 (7) and in addition, if a minor:
23 (i) reside with his parents or in a foster
24 home;
25 (ii) attend school;
26 (iii) attend a non-residential program for
27 youth;
28 (iv) contribute to his own support at home or
29 in a foster home;
30 (8) make restitution as provided in Section 5-5-6
31 of this Code;
32 (9) perform some reasonable public or community
33 service;
34 (10) serve a term of home confinement. In addition
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1 to any other applicable condition of probation or
2 conditional discharge, the conditions of home confinement
3 shall be that the offender:
4 (i) remain within the interior premises of the
5 place designated for his confinement during the
6 hours designated by the court;
7 (ii) admit any person or agent designated by
8 the court into the offender's place of confinement
9 at any time for purposes of verifying the offender's
10 compliance with the conditions of his confinement;
11 and
12 (iii) if further deemed necessary by the court
13 or the Probation or Court Services Department, be
14 placed on an approved electronic monitoring device,
15 subject to Article 8A of Chapter V;
16 (iv) for persons convicted of any alcohol,
17 cannabis or controlled substance violation who are
18 placed on an approved monitoring device as a
19 condition of probation or conditional discharge, the
20 court shall impose a fee not to exceed $5 for each
21 day of the use of the device, unless after
22 determining the inability of the offender to pay the
23 fee, the court assesses a lesser fee or no fee as
24 the case may be. The fee shall be collected by the
25 clerk of the circuit court. The clerk of the
26 circuit court shall pay all monies collected from
27 this fee to the county treasurer for deposit in the
28 substance abuse services fund under Section 5-1086.1
29 of the Counties Code; and
30 (v) for persons convicted of offenses other
31 than those referenced in clause (iv) above and who
32 are placed on an approved monitoring device as a
33 condition of probation or conditional discharge, the
34 court shall impose a fee not to exceed $5 for each
HB1269 Engrossed -431- LRB9001000EGfg
1 day of the use of the device, unless after
2 determining the inability of the defendant to pay
3 the fee, the court assesses a lesser fee or no fee
4 as the case may be. The fee shall be imposed in
5 addition to the fee imposed under subsection (i) of
6 Section 5-6-3. The fee shall be collected by the
7 clerk of the circuit court. The clerk of the circuit
8 court shall pay all monies collected from this fee
9 to the county treasurer who shall use the monies
10 collected to defray the costs of corrections. The
11 county treasurer shall deposit the fee collected in
12 the county working cash fund under Section 6-27001
13 of the Counties Code.
14 (11) comply with the terms and conditions of an
15 order of protection issued by the court pursuant to the
16 Illinois Domestic Violence Act of 1986, as now or
17 hereafter amended. A copy of the order of protection
18 shall be transmitted to the probation officer or agency
19 having responsibility for the case;
20 (12) reimburse any "local anti-crime program" as
21 defined in Section 7 of the Anti-Crime Advisory Council
22 Act for any reasonable expenses incurred by the program
23 on the offender's case, not to exceed the maximum amount
24 of the fine authorized for the offense for which the
25 defendant was sentenced;
26 (13) contribute a reasonable sum of money, not to
27 exceed the maximum amount of the fine authorized for the
28 offense for which the defendant was sentenced, to a
29 "local anti-crime program", as defined in Section 7 of
30 the Anti-Crime Advisory Council Act;
31 (14) refrain from entering into a designated
32 geographic area except upon such terms as the court finds
33 appropriate. Such terms may include consideration of the
34 purpose of the entry, the time of day, other persons
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1 accompanying the defendant, and advance approval by a
2 probation officer, if the defendant has been placed on
3 probation or advance approval by the court, if the
4 defendant was placed on conditional discharge;
5 (15) refrain from having any contact, directly or
6 indirectly, with certain specified persons or particular
7 types of persons, including but not limited to members of
8 street gangs and drug users or dealers;
9 (16) refrain from having in his or her body the
10 presence of any illicit drug prohibited by the Cannabis
11 Control Act or the Illinois Controlled Substances Act,
12 unless prescribed by a physician, and submit samples of
13 his or her blood or urine or both for tests to determine
14 the presence of any illicit drug.
15 (c) The court may as a condition of probation or of
16 conditional discharge require that a person under 18 years of
17 age found guilty of any alcohol, cannabis or controlled
18 substance violation, refrain from acquiring a driver's
19 license during the period of probation or conditional
20 discharge. If such person is in possession of a permit or
21 license, the court may require that the minor refrain from
22 driving or operating any motor vehicle during the period of
23 probation or conditional discharge, except as may be
24 necessary in the course of the minor's lawful employment.
25 (d) An offender sentenced to probation or to conditional
26 discharge shall be given a certificate setting forth the
27 conditions thereof.
28 (e) The court shall not require as a condition of the
29 sentence of probation or conditional discharge that the
30 offender be committed to a period of imprisonment in excess
31 of 6 months. This 6 month limit shall not include periods of
32 confinement given pursuant to a sentence of county impact
33 incarceration under Section 5-8-1.2.
34 Persons committed to imprisonment as a condition of
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1 probation or conditional discharge shall not be committed to
2 the Department of Corrections.
3 (f) The court may combine a sentence of periodic
4 imprisonment under Article 7 or a sentence to a county impact
5 incarceration program under Article 8 with a sentence of
6 probation or conditional discharge.
7 (g) An offender sentenced to probation or to conditional
8 discharge and who during the term of either undergoes
9 mandatory drug or alcohol testing, or both, or is assigned to
10 be placed on an approved electronic monitoring device, may be
11 ordered to pay all costs incidental to such mandatory drug or
12 alcohol testing, or both, and all costs incidental to such
13 approved electronic monitoring in accordance with the
14 defendant's ability to pay those costs. The county board
15 with the concurrence of the Chief Judge of the judicial
16 circuit in which the county is located may establish
17 reasonable fees for the cost of maintenance, testing, and
18 incidental expenses related to the mandatory drug or alcohol
19 testing, or both, and all costs incidental to approved
20 electronic monitoring, involved in a successful probation
21 program for the county. The concurrence of the Chief Judge
22 shall be in the form of an administrative order.
23 (h) Jurisdiction over an offender may be transferred
24 from the sentencing court to the court of another circuit
25 with the concurrence of both courts. Further transfers or
26 retransfers of jurisdiction are also authorized in the same
27 manner. The court to which jurisdiction has been transferred
28 shall have the same powers as the sentencing court.
29 (i) The court shall impose upon an offender sentenced to
30 probation after January 1, 1989 or to conditional discharge
31 after January 1, 1992, as a condition of such probation or
32 conditional discharge, a fee of $25 for each month of
33 probation or conditional discharge supervision ordered by the
34 court, unless after determining the inability of the person
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1 sentenced to probation or conditional discharge to pay the
2 fee, the court assesses a lesser fee. The court may not
3 impose the fee on a minor who is made a ward of the State
4 under the Juvenile Court Act of 1987 while the minor is in
5 placement. The fee shall be imposed only upon an offender who
6 is actively supervised by the probation and court services
7 department. The fee shall be collected by the clerk of the
8 circuit court. The clerk of the circuit court shall pay all
9 monies collected from this fee to the county treasurer for
10 deposit in the probation and court services fund under
11 Section 15.1 of the Probation and Probation Officers Act.
12 (j) All fines and costs imposed under this Section for
13 any violation of Chapters 3, 4, 6, and 11 of the Illinois
14 Vehicle Code, or a similar provision of a local ordinance,
15 and any violation of the Child Passenger Protection Act, or a
16 similar provision of a local ordinance, shall be collected
17 and disbursed by the circuit clerk as provided under Section
18 27.5 of the Clerks of Courts Act.
19 (Source: P.A. 88-510; 88-680, eff. 1-1-95; 89-198, eff.
20 7-21-95; 89-587, eff. 7-31-96; 89-688, eff. 6-1-97; revised
21 1-20-97.)
22 (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
23 Sec. 5-6-3.1. Incidents and Conditions of Supervision.
24 (a) When a defendant is placed on supervision, the court
25 shall enter an order for supervision specifying the period of
26 such supervision, and shall defer further proceedings in the
27 case until the conclusion of the period.
28 (b) The period of supervision shall be reasonable under
29 all of the circumstances of the case, but may not be longer
30 than 2 years, unless the defendant has failed to pay the
31 assessment required by Section 10.3 of the Cannabis Control
32 Act or Section 411.2 of the Illinois Controlled Substances
33 Act, in which case the court may extend supervision beyond 2
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1 years. Additionally, the court shall order the defendant to
2 perform no less than 30 hours of community service and not
3 more than 120 hours of community service, if community
4 service is available in the jurisdiction and is funded and
5 approved by the county board where the offense was committed,
6 when the offense (1) was related to or in furtherance of the
7 criminal activities of an organized gang or was motivated by
8 the defendant's membership in or allegiance to an organized
9 gang; or (2) is a violation of any Section of Article 24 of
10 the Criminal Code of 1961 where a disposition of supervision
11 is not prohibited by Section 5-6-1 of this Code. The
12 community service shall include, but not be limited to, the
13 cleanup and repair of any damage caused by violation of
14 Section 21-1.3 of the Criminal Code of 1961 and similar
15 damages to property located within the municipality or county
16 in which the violation occurred. Where possible and
17 reasonable, the community service should be performed in the
18 offender's neighborhood.
19 For the purposes of this Section, "organized gang" has
20 the meaning ascribed to it in Section 10 of the Illinois
21 Streetgang Terrorism Omnibus Prevention Act.
22 (c) The court may in addition to other reasonable
23 conditions relating to the nature of the offense or the
24 rehabilitation of the defendant as determined for each
25 defendant in the proper discretion of the court require that
26 the person:
27 (1) make a report to and appear in person before or
28 participate with the court or such courts, person, or
29 social service agency as directed by the court in the
30 order of supervision;
31 (2) pay a fine and costs;
32 (3) work or pursue a course of study or vocational
33 training;
34 (4) undergo medical, psychological or psychiatric
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1 treatment; or treatment for drug addiction or alcoholism;
2 (5) attend or reside in a facility established for
3 the instruction or residence of defendants on probation;
4 (6) support his dependents;
5 (7) refrain from possessing a firearm or other
6 dangerous weapon;
7 (8) and in addition, if a minor:
8 (i) reside with his parents or in a foster
9 home;
10 (ii) attend school;
11 (iii) attend a non-residential program for
12 youth;
13 (iv) contribute to his own support at home or
14 in a foster home; and
15 (9) make restitution or reparation in an amount not
16 to exceed actual loss or damage to property and pecuniary
17 loss or make restitution under Section 5-5-6 to a
18 domestic violence shelter. The court shall determine the
19 amount and conditions of payment;
20 (10) perform some reasonable public or community
21 service;
22 (11) comply with the terms and conditions of an
23 order of protection issued by the court pursuant to the
24 Illinois Domestic Violence Act of 1986. If the court has
25 ordered the defendant to make a report and appear in
26 person under paragraph (1) of this subsection, a copy of
27 the order of protection shall be transmitted to the
28 person or agency so designated by the court;
29 (12) reimburse any "local anti-crime program" as
30 defined in Section 7 of the Anti-Crime Advisory Council
31 Act for any reasonable expenses incurred by the program
32 on the offender's case, not to exceed the maximum amount
33 of the fine authorized for the offense for which the
34 defendant was sentenced;
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1 (13) contribute a reasonable sum of money, not to
2 exceed the maximum amount of the fine authorized for the
3 offense for which the defendant was sentenced, to a
4 "local anti-crime program", as defined in Section 7 of
5 the Anti-Crime Advisory Council Act;
6 (14) refrain from entering into a designated
7 geographic area except upon such terms as the court finds
8 appropriate. Such terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the defendant, and advance approval by a
11 probation officer;
12 (15) refrain from having any contact, directly or
13 indirectly, with certain specified persons or particular
14 types of person, including but not limited to members of
15 street gangs and drug users or dealers;
16 (16) refrain from having in his or her body the
17 presence of any illicit drug prohibited by the Cannabis
18 Control Act or the Illinois Controlled Substances Act,
19 unless prescribed by a physician, and submit samples of
20 his or her blood or urine or both for tests to determine
21 the presence of any illicit drug.
22 (d) The court shall defer entering any judgment on the
23 charges until the conclusion of the supervision.
24 (e) At the conclusion of the period of supervision, if
25 the court determines that the defendant has successfully
26 complied with all of the conditions of supervision, the court
27 shall discharge the defendant and enter a judgment dismissing
28 the charges.
29 (f) Discharge and dismissal upon a successful conclusion
30 of a disposition of supervision shall be deemed without
31 adjudication of guilt and shall not be termed a conviction
32 for purposes of disqualification or disabilities imposed by
33 law upon conviction of a crime. Two years after the
34 discharge and dismissal under this Section, unless the
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1 disposition of supervision was for a violation of Sections
2 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
3 Vehicle Code or a similar provision of a local ordinance, or
4 for a violation of Sections 12-3.2 or 16A-3 of the Criminal
5 Code of 1961, in which case it shall be 5 years after
6 discharge and dismissal, a person may have his record of
7 arrest sealed or expunged as may be provided by law.
8 However, any defendant placed on supervision before January
9 1, 1980, may move for sealing or expungement of his arrest
10 record, as provided by law, at any time after discharge and
11 dismissal under this Section. A person placed on supervision
12 for a sexual offense committed against a minor as defined in
13 subsection (g) of Section 5 of the Criminal Identification
14 Act or for a violation of Section 11-501 of the Illinois
15 Vehicle Code or a similar provision of a local ordinance
16 shall not have his or her record of arrest sealed or
17 expunged.
18 (g) A defendant placed on supervision and who during the
19 period of supervision undergoes mandatory drug or alcohol
20 testing, or both, or is assigned to be placed on an approved
21 electronic monitoring device, may be ordered to pay the costs
22 incidental to such mandatory drug or alcohol testing, or
23 both, and costs incidental to such approved electronic
24 monitoring in accordance with the defendant's ability to pay
25 those costs. The county board with the concurrence of the
26 Chief Judge of the judicial circuit in which the county is
27 located may establish reasonable fees for the cost of
28 maintenance, testing, and incidental expenses related to the
29 mandatory drug or alcohol testing, or both, and all costs
30 incidental to approved electronic monitoring, of all
31 offenders placed on supervision. The concurrence of the
32 Chief Judge shall be in the form of an administrative order.
33 (h) A disposition of supervision is a final order for
34 the purposes of appeal.
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1 (i) The court shall impose upon a defendant placed on
2 supervision after January 1, 1992, as a condition of
3 supervision, a fee of $25 for each month of supervision
4 ordered by the court, unless after determining the inability
5 of the person placed on supervision to pay the fee, the court
6 assesses a lesser fee. The court may not impose the fee on a
7 minor who is made a ward of the State under the Juvenile
8 Court Act of 1987 while the minor is in placement. The fee
9 shall be imposed only upon a defendant who is actively
10 supervised by the probation and court services department.
11 The fee shall be collected by the clerk of the circuit court.
12 The clerk of the circuit court shall pay all monies collected
13 from this fee to the county treasurer for deposit in the
14 probation and court services fund pursuant to Section 15.1 of
15 the Probation and Probation Officers Act.
16 (j) All fines and costs imposed under this Section for
17 any violation of Chapters 3, 4, 6, and 11 of the Illinois
18 Vehicle Code, or a similar provision of a local ordinance,
19 and any violation of the Child Passenger Protection Act, or a
20 similar provision of a local ordinance, shall be collected
21 and disbursed by the circuit clerk as provided under Section
22 27.5 of the Clerks of Courts Act.
23 (k) A defendant at least 17 years of age who is placed
24 on supervision for a misdemeanor in a county of 3,000,000 or
25 more inhabitants and who has not been previously convicted of
26 a misdemeanor or felony may as a condition of his or her
27 supervision be required by the court to attend educational
28 courses designed to prepare the defendant for a high school
29 diploma and to work toward a high school diploma or to work
30 toward passing the high school level Test of General
31 Educational Development (GED) or to work toward completing a
32 vocational training program approved by the court. The
33 defendant placed on supervision must attend a public
34 institution of education to obtain the educational or
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1 vocational training required by this subsection (k). The
2 defendant placed on supervision shall be required to pay for
3 the cost of the educational courses or GED test, if a fee is
4 charged for those courses or test. The court shall revoke
5 the supervision of a person who wilfully fails to comply with
6 this subsection (k). The court shall resentence the
7 defendant upon revocation of supervision as provided in
8 Section 5-6-4. This subsection (k) does not apply to a
9 defendant who has a high school diploma or has successfully
10 passed the GED test. This subsection (k) does not apply to a
11 defendant who is determined by the court to be
12 developmentally disabled or otherwise mentally incapable of
13 completing the educational or vocational program.
14 (Source: P.A. 88-77; 88-510; 88-670, eff. 12-2-94; 88-680,
15 eff. 1-1-95; 89-198, eff. 7-21-95; 89-203, eff. 7-21-95;
16 89-626, eff. 8-9-96; 89-637, eff. 1-1-97; 89-688, eff.
17 6-1-97; revised 1-20-97.)
18 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
19 Sec. 5-6-4. Violation, Modification or Revocation of
20 Probation, of Conditional Discharge or Supervision or of a
21 sentence of county impact incarceration - Hearing.
22 (a) Except in cases where conditional discharge or
23 supervision was imposed for a petty offense as defined in
24 Section 5-1-17, when a petition is filed charging a violation
25 of a condition, the court may:
26 (1) in the case of probation violations, order the
27 issuance of a notice to the offender to be present by the
28 County Probation Department or such other agency
29 designated by the court to handle probation matters; and
30 in the case of conditional discharge or supervision
31 violations, such notice to the offender shall be issued
32 by the Circuit Court Clerk; and in the case of a
33 violation of a sentence of county impact incarceration,
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1 such notice shall be issued by the Sheriff;
2 (2) order a summons to the offender to be present
3 for hearing; or
4 (3) order a warrant for the offender's arrest where
5 there is danger of his fleeing the jurisdiction or
6 causing serious harm to others or when the offender fails
7 to answer a summons or notice from the clerk of the court
8 or Sheriff.
9 Personal service of the petition for violation of
10 probation or the issuance of such warrant, summons or notice
11 shall toll the period of probation, conditional discharge,
12 supervision, or sentence of county impact incarceration until
13 the final determination of the charge, and the term of
14 probation, conditional discharge, supervision, or sentence of
15 county impact incarceration shall not run until the hearing
16 and disposition of the petition for violation.
17 (b) The court shall conduct a hearing of the alleged
18 violation. The court shall admit the offender to bail pending
19 the hearing unless the alleged violation is itself a criminal
20 offense in which case the offender shall be admitted to bail
21 on such terms as are provided in the Code of Criminal
22 Procedure of 1963, as amended. In any case where an offender
23 remains incarcerated only as a result of his alleged
24 violation of the court's earlier order of probation,
25 supervision, conditional discharge, or county impact
26 incarceration such hearing shall be held within 14 days of
27 the onset of said incarceration, unless the alleged violation
28 is the commission of another offense by the offender during
29 the period of probation, supervision or conditional discharge
30 in which case such hearing shall be held within the time
31 limits described in Section 103-5 of the Code of Criminal
32 Procedure of 1963, as amended.
33 (c) The State has the burden of going forward with the
34 evidence and proving the violation by the preponderance of
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1 the evidence. The evidence shall be presented in open court
2 with the right of confrontation, cross-examination, and
3 representation by counsel.
4 (d) Probation, conditional discharge, periodic
5 imprisonment and supervision shall not be revoked for failure
6 to comply with conditions of a sentence or supervision, which
7 imposes financial obligations upon the offender unless such
8 failure is due to his willful refusal to pay.
9 (e) If the court finds that the offender has violated a
10 condition at any time prior to the expiration or termination
11 of the period, it may continue him on the existing sentence,
12 with or without modifying or enlarging the conditions, or may
13 impose any other sentence that was available under Section
14 5-5-3 at the time of initial sentencing. If the court finds
15 that the person has failed to successfully complete his or
16 her sentence to a county impact incarceration program, the
17 court may impose any other sentence that was available under
18 Section 5-5-3 at the time of initial sentencing, except for a
19 sentence of probation or conditional discharge.
20 (f) The conditions of probation, of conditional
21 discharge, of supervision, or of a sentence of county impact
22 incarceration may be modified by the court on motion of the
23 supervising agency or on its own motion or at the request of
24 the offender after notice and a hearing.
25 (g) A judgment revoking supervision, probation,
26 conditional discharge, or a sentence of county impact
27 incarceration is a final appealable order.
28 (h) Resentencing after revocation of probation,
29 conditional discharge, supervision, or a sentence of county
30 impact incarceration shall be under Article 4. Time served on
31 probation, conditional discharge or supervision shall not be
32 credited by the court against a sentence of imprisonment or
33 periodic imprisonment unless the court orders otherwise.
34 (i) Instead of filing a violation of probation,
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1 conditional discharge, supervision, or a sentence of county
2 impact incarceration, an agent or employee of the supervising
3 agency with the concurrence of his or her supervisor may
4 serve on the defendant a Notice of Intermediate Sanctions.
5 The Notice shall contain the technical violation or
6 violations involved, the date or dates of the violation or
7 violations, and the intermediate sanctions to be imposed.
8 Upon receipt of the Notice, the defendant shall immediately
9 accept or reject the intermediate sanctions. If the
10 sanctions are accepted, they shall be imposed immediately.
11 If the intermediate sanctions are rejected or the defendant
12 does not respond to the Notice, a violation of probation,
13 conditional discharge, supervision, or a sentence of county
14 impact incarceration shall be immediately filed with the
15 court. The State's Attorney and the sentencing court shall
16 be notified of the Notice of Sanctions. Upon successful
17 completion of the intermediate sanctions, a court may not
18 revoke probation, conditional discharge, supervision, or a
19 sentence of county impact incarceration or impose additional
20 sanctions for the same violation. A notice of intermediate
21 sanctions may not be issued for any violation of probation,
22 conditional discharge, supervision, or a sentence of county
23 impact incarceration which could warrant an additional,
24 separate felony charge. The intermediate sanctions shall
25 include a term of home detention as provided in Article 8A of
26 Chapter V of this Code for multiple or repeat violations of
27 the terms and conditions of a sentence of probation,
28 conditional discharge, or supervision.
29 (Source: P.A. 89-198, eff. 7-21-95; 89-587, eff. 7-31-96;
30 89-647, eff. 1-1-97; revised 9-11-96.)
31 (730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
32 Sec. 5-7-6. Duty of Clerk of Court or the Department of
33 Correction; Collection and Disposition of Compensation.
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1 (a) Every gainfully employed offender shall be
2 responsible for managing his or her earnings. The clerk of
3 the circuit court shall have only those responsibilities
4 regarding an offender's earnings as are set forth in this
5 Section.
6 Every offender, including offenders who are sentenced to
7 periodic imprisonment for weekends only, gainfully employed
8 shall pay a fee for room and board at a rate established,
9 with the concurrence of the chief judge of the judicial
10 circuit, by the county board of the county in which the
11 offender is incarcerated. The concurrence of the chief judge
12 shall be in the form of an administrative order. In
13 establishing the fee for room and board consideration may be
14 given to all costs incidental to the incarceration of
15 offenders. If an offender is necessarily absent from the
16 institution at mealtime he or she shall, without additional
17 charge, be furnished with a meal to carry to work. Each
18 week, on a day designated by the clerk of the circuit court,
19 every offender shall pay the clerk the fees for the
20 offender's room and board. Failure to pay the clerk on the
21 day designated shall result in the termination of the
22 offender's release. All fees for room and board collected by
23 the circuit court clerk shall be disbursed into the county's
24 General Corporate Fund.
25 By order of the court, all or a portion of the earnings
26 of employed offenders shall be turned over to the clerk to be
27 distributed for the following purposes, in the order stated:
28 (1) the room and board of the offender;
29 (2) necessary travel expenses to and from work and
30 other incidental expenses of the offender, when those
31 expenses are incurred by the administrator of the
32 offender's imprisonment;
33 (3) support of the offender's dependents, if any.
34 (b) If the offender has one or more dependents who are
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1 recipients of financial assistance pursuant to the Illinois
2 Public Aid Code, or who are residents of a State hospital,
3 State school or foster care facility provided by the State,
4 the court shall order the offender to turn over all or a
5 portion of his earnings to the clerk who shall, after making
6 the deductions provided for under paragraph (a), distribute
7 those earnings to the appropriate agency as reimbursement for
8 the cost of care of such dependents. The order shall permit
9 the Department of Human Services (acting as successor to the
10 Illinois Department of Public Aid under the Department of
11 Human Services Act) or the local governmental unit, as the
12 case may be, to request the clerk that subsequent payments be
13 made directly to the dependents, or to some agency or person
14 in their behalf, upon removal of the dependents from the
15 public aid rolls; and upon such direction and removal of the
16 recipients from the public aid rolls, the Department of Human
17 Services or the local governmental unit, as the case
18 requires, shall give written notice of such action to the
19 court. Payments received by the Department of Human Services
20 or by governmental units in behalf of recipients of public
21 aid shall be deposited into the General Revenue Fund of the
22 State Treasury or General Assistance Fund of the governmental
23 unit, under Section 10-19 of the Illinois Public Aid Code.
24 (c) The clerk of the circuit court shall keep individual
25 accounts of all money collected by him as required by this
26 Article. He shall deposit all moneys as trustee in a
27 depository designated by the county board and shall make
28 payments required by the court's order from such trustee
29 account. Such accounts shall be subject to audit in the same
30 manner as accounts of the county are audited.
31 (d) If an institution or the Department of Corrections
32 certifies to the court that it can administer this Section
33 with respect to persons committed to it under this Article,
34 the clerk of the court shall be relieved of its duties under
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1 this Section and they shall be assumed by such institution or
2 the Department.
3 (Source: P.A. 88-679, eff. 7-1-95; 89-507, eff. 7-1-97;
4 89-532, eff. 7-19-96; revised 8-26-96.)
5 Section 2-255. The County Jail Act is amended by
6 changing Section 17 as follows:
7 (730 ILCS 125/17) (from Ch. 75, par. 117)
8 Sec. 17. Bedding, clothing, fuel, and medical aid;
9 reimbursement for medical or hospital expenses. The Warden
10 of the jail shall furnish necessary bedding, clothing, fuel
11 and medical aid for all prisoners under his charge, and keep
12 an accurate account of the same. When medical or hospital
13 services are required by any person held in custody, the
14 county, private hospital, physician or any public agency
15 which provides such services shall be entitled to obtain
16 reimbursement from the county or from the Arrestee's Medical
17 Costs Fund to the extent that moneys in the Fund are
18 available for the cost of such services. The county board of
19 a county may adopt an ordinance or resolution providing for
20 reimbursement for the cost of those services at the
21 Department of Public Aid's rates for medical assistance. To
22 the extent that such person is reasonably able to pay for
23 such care, including reimbursement from any insurance program
24 or from other medical benefit programs available to such
25 person, he or she shall reimburse the county or arresting
26 authority. If such person has already been determined
27 eligible for medical assistance under The Illinois Public Aid
28 Code at the time the person is initially detained pending
29 trial, the cost of such services, to the extent such cost
30 exceeds $2,500, shall be reimbursed by the Department of
31 Public Aid under that Code. A reimbursement under any public
32 or private program authorized by this Section shall be paid
HB1269 Engrossed -447- LRB9001000EGfg
1 to the county or arresting authority to the same extent as
2 would have been obtained had the services been rendered in a
3 non-custodial environment.
4 An arresting authority shall be responsible for any
5 incurred medical expenses relating to the arrestee until such
6 time as the arrestee is placed in the custody of the sheriff.
7 However, the arresting authority shall not be so responsible
8 if the arrest was made pursuant to a request by the sheriff.
9 When medical or hospital services are required by any person
10 held in custody, the county or arresting authority shall be
11 entitled to obtain reimbursement from the Arrestee's Medical
12 Costs Fund to the extent moneys are available from the Fund.
13 To the extent that the person is reasonably able to pay for
14 that care, including reimbursement from any insurance program
15 or from other medical benefit programs available to the
16 person, he or she shall reimburse the county.
17 The county shall be entitled to a $10 fee for each
18 conviction or order of supervision for a criminal violation,
19 other than a petty offense or business offense. The fee
20 shall be taxed as costs to be collected from the defendant,
21 if possible, upon conviction or entry of an order of
22 supervision. The fee shall not be considered a part of the
23 fine for purposes of any reduction in the fine.
24 All such fees collected shall be deposited by the county
25 in a fund to be established and known as the Arrestee's
26 Medical Costs Fund. Moneys in the Fund shall be used solely
27 for reimbursement of costs for medical expenses relating to
28 the arrestee and administration of the Fund.
29 For the purposes of this Section, "arresting authority"
30 means a unit of local government, other than a county, which
31 employs peace officers and whose peace officers have made the
32 arrest of a person. For the purposes of this Section,
33 "medical expenses relating to the arrestee" means only those
34 expenses incurred for medical care or treatment provided to
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1 an arrestee on account of an injury suffered by the arrestee
2 during the course of his arrest; the term does not include
3 any expenses incurred for medical care or treatment provided
4 to an arrestee on account of a health condition of the
5 arrestee which existed prior to the time of his arrest.
6 (Source: P.A. 89-654, eff. 8-14-96; 89-676, 8-14-96; revised
7 9-12-96.)
8 Section 2-260. The Child Sex Offender and Murderer
9 Community Notification Law is amended by combining and
10 renumbering Sections 405 (from P.A. 89-462) and 905 (from
11 P.A. 89-428) and the Article 4 and 9 headings as follows:
12 (730 ILCS 152/Art. 4 heading)
13 ARTICLE 4. AMENDATORY PROVISIONS SEVERABILITY.
14 (730 ILCS 152/Art. 9 heading)
15 ARTICLE 9. 4. 999. SEVERABILITY AND EFFECTIVE DATE.
16 (730 ILCS 152/905)
17 Sec. 905. 405. Severability. The provisions of this Act
18 are severable under Section 1.31 of the Statute on Statutes.
19 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
20 revised 10-31-96.)
21 Section 2-265. The Code of Civil Procedure is amended by
22 changing Section 7-103 as follows:
23 (735 ILCS 5/7-103) (from Ch. 110, par. 7-103)
24 Sec. 7-103. "Quick-take". This Section applies only to
25 proceedings under this Article:
26 (1) by the State of Illinois, the Illinois Toll
27 Highway Authority or the St. Louis Metropolitan Area
28 Airport Authority for the acquisition of land or
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1 interests therein for highway purposes;
2 (2) (blank);
3 (3) by the Department of Commerce and Community
4 Affairs for the purpose specified in the Illinois Coal
5 Development Bond Act;
6 (4) (blank);
7 (5) for the purpose specified in the St. Louis
8 Metropolitan Area Airport Authority Act;
9 (6) for a period of 24 months after May 24, 1996,
10 by the Southwestern Illinois Development Authority
11 pursuant to the Southwestern Illinois Development
12 Authority Act;
13 (7) for a period of 3 years after December 30,
14 1987, by the Quad Cities Regional Economic Development
15 Authority (except for the acquisition of land or
16 interests therein that is farmland, or upon which is
17 situated a farm dwelling and appurtenant structures, or
18 upon which is situated a residence, or which is wholly
19 within an area that is zoned for residential use)
20 pursuant to the Quad Cities Regional Economic Development
21 Authority Act;
22 (8) by a sanitary district created under the
23 Metropolitan Water Reclamation District Act for the
24 acquisition of land or interests therein for purposes
25 specified in that Act;
26 (9) by a rail carrier within the time limitations
27 and subject to the terms and conditions set forth in
28 Section 18c-7501 of the Illinois Vehicle Code;
29 (10) for a period of 18 months after January 26,
30 1987, for the purpose specified in Division 135 of
31 Article 11 of the Illinois Municipal Code, by a
32 commission created under Section 2 of the Water
33 Commission Act of 1985;
34 (11) by a village containing a population of less
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1 than 15,000 for the purpose of acquiring property to be
2 used for a refuse derived fuel system designed to
3 generate steam and electricity, and for industrial
4 development that will utilize such steam and electricity,
5 pursuant to Section 11-19-10 of the Illinois Municipal
6 Code;
7 (12) after receiving the prior approval of the City
8 Council, by a municipality having a population of more
9 than 500,000 for the purposes set forth in Section
10 11-61-1a and Divisions 74.2 and 74.3 of Article 11 of the
11 Illinois Municipal Code, and for the same purposes when
12 established pursuant to home rule powers;
13 (13) by a home rule municipality, after a public
14 hearing held by the corporate authorities or by a
15 committee of the corporate authorities and after approval
16 by a majority of the corporate authorities, within an
17 area designated as an enterprise zone by the municipality
18 under the Illinois Enterprise Zone Act;
19 (14) by the Illinois Sports Facilities Authority
20 for the purpose specified in Section 12 of the Illinois
21 Sports Facilities Authority Act;
22 (15) by a municipality having a population of more
23 than 2,000,000 for the purpose of acquiring the property
24 described in Section 3 of the Sports Stadium Act;
25 (16) for a period of 18 months after July 29, 1986,
26 in any proceeding by the Board of Trustees of the
27 University of Illinois for the acquisition of land in
28 Champaign County or interests therein as a site for a
29 building or for any educational purpose;
30 (17) for a period of 2 years after July 1, 1990, by
31 a home rule municipality and a county board, upon
32 approval of a majority of the corporate authorities of
33 both the county board and the municipality, within an
34 area designated as an enterprise zone by the municipality
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1 and the county board through an intergovernmental
2 agreement under the Illinois Enterprise Zone Act, when
3 the purpose of the condemnation proceeding is to acquire
4 land for the construction of an industrial harbor port,
5 and when the total amount of land to be acquired for that
6 purpose is less than 75 acres and is adjacent to the
7 Illinois River;
8 (18) by an airport authority located solely within
9 the boundaries of Madison County, Illinois, and which is
10 organized pursuant to the provisions of the Airport
11 Authorities Act, (i) for the acquisition of 160 acres, or
12 less, of land or interests therein for the purposes
13 specified in that Act which may be necessary to extend,
14 mark, and light runway 11/29 for a distance of 1600 feet
15 in length by 100 feet in width with parallel taxiway, to
16 relocate and mark County Highway 19, Madison County,
17 known as Moreland Road, to relocate the instrument
18 landing system including the approach lighting system and
19 to construct associated drainage, fencing and seeding
20 required for the foregoing project and (ii) for a period
21 of 6 months after December 28, 1989, for the acquisition
22 of 75 acres, or less, of land or interests therein for
23 the purposes specified in that Act which may be necessary
24 to extend, mark and light the south end of runway 17/35
25 at such airport;
26 (19) by any unit of local government for a
27 permanent easement for the purpose of maintaining,
28 dredging or cleaning the Little Calumet River;
29 (20) by any unit of local government for a
30 permanent easement for the purpose of maintaining,
31 dredging or cleaning the Salt Creek in DuPage County;
32 (21) by St. Clair County, Illinois, for the
33 development of a joint use facility at Scott Air Force
34 Base;
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1 (22) by the Village of Summit, Illinois, to acquire
2 land for a waste to energy plant;
3 (23) for a period of 15 months after September 7,
4 1990, by the Department of Transportation or by any unit
5 of local government under the terms of an
6 intergovernmental cooperation agreement between the
7 Department of Transportation and the unit of local
8 government for the purpose of developing aviation
9 facilities in and around Chanute Air Force Base in
10 Champaign County, Illinois;
11 (24) for a period of 1 year after December 12,
12 1990, by the City of Morris for the development of the
13 Morris Municipal Airport;
14 (25) for a period of 1 year after June 19, 1991, by
15 the Greater Rockford Airport Authority for airport
16 expansion purposes;
17 (26) for a period of 24 months after June 30, 1991,
18 by the City of Aurora for completion of an instrument
19 landing system and construction of an east-west runway at
20 the Aurora Municipal Airport;
21 (27) for the acquisition by the Metropolitan Pier
22 and Exposition Authority of property described in
23 subsection (f) of Section 5 of the Metropolitan Pier and
24 Exposition Authority Act for the purposes of providing
25 additional grounds, buildings, and facilities related to
26 the purposes of the Metropolitan Pier and Exposition
27 Authority;
28 (28) for a period of 24 months after March 1, 1992,
29 by the Village of Wheeling and the City of Prospect
30 Heights, owners of the Palwaukee Municipal Airport, to
31 allow for the acquisition of right of way to complete the
32 realignment of Hintz Road and Wolf Road;
33 (29) for a period of one year from the effective
34 date of this amendatory Act of 1992, by the
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1 Bloomington-Normal Airport Authority for airport
2 expansion purposes;
3 (30) for a period of 24 months after September 10,
4 1993, by the Cook County Highway Department and Lake
5 County Department of Transportation to allow for the
6 acquisition of necessary right-of-way for construction of
7 underpasses for Lake-Cook Road at the Chicago
8 Northwestern Railroad crossing, west of Skokie Boulevard,
9 and the Chicago, Milwaukee, St. Paul and Pacific Railroad
10 crossing, west of Waukegan Road;
11 (31) for a period of one year after December 23,
12 1993, by the City of Arcola and the City of Tuscola for
13 the development of the Arcola/Tuscola Water Transmission
14 Pipeline Project pursuant to the intergovernmental
15 agreement between the City of Arcola and the City of
16 Tuscola;
17 (32) for a period of 24 months from December 23,
18 1993, by the Village of Bensenville for the acquisition
19 of property bounded by Illinois Route 83 to the west and
20 O'Hare International Airport to the east to complete a
21 flood control project known as the Bensenville Ditch;
22 (33) for a period of 9 months after November 1,
23 1993, by the Medical Center Commission for the purpose of
24 acquiring a site for the Illinois State Police Forensic
25 Science Laboratory at Chicago, on the block bounded by
26 Roosevelt Road on the north, Wolcott Street on the east,
27 Washburn Street on the south, and Damen Avenue on the
28 west in Chicago, Illinois;
29 (34) for a period of 36 months after July 14, 1995,
30 by White County for the acquisition of a 3 1/2 mile
31 section of Bellaire Road, which is described as follows:
32 Commencing at the Northwest Corner of the Southeast 1/4
33 of Section 28, Township 6 South, Range 10 East of the 3rd
34 Principal Meridian; thence South to a point at the
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1 Southwest Corner of the Southeast 1/4 of Section 9,
2 Township 7 South, Range 10 East of the 3rd Principal
3 Meridian;
4 (35) for a period of one year after July 14, 1995,
5 by the City of Aurora for permanent and temporary
6 easements except over land adjacent to Indian Creek and
7 west of Selmarten Creek located within the City of Aurora
8 for the construction of Phase II of the Indian Creek
9 Flood Control Project;
10 (35.1) for a period beginning June 24, 1995 (the
11 day following the effective date of Public Act 89-29) and
12 ending on July 13, 1995 (the day preceding the effective
13 date of Public Act 89-134), by the City of Aurora for
14 permanent and temporary easements for the construction of
15 Phase II of the Indian Creek Flood Control Project;
16 (36) for a period of 3 years from July 14, 1995, by
17 the Grand Avenue Railroad Relocation Authority for the
18 Grand Avenue Railroad Grade Separation Project within the
19 Village of Franklin Park, Illinois;
20 (37) for a period of 3 years after July 14, 1995,
21 by the Village of Romeoville for the acquisition of
22 rights-of-way for the 135th Street Bridge Project, lying
23 within the South 1/2 of Section 34, Township 37 North,
24 Range 10 East and the South 1/2 of Section 35, Township
25 37 North, Range 10 East of the Third Principal Meridian,
26 and the North 1/2 of Section 2, Township 36 North, Range
27 10 East and the North 1/2 of Section 3, Township 36
28 North, Range 10 East of the 3rd Principal Meridian, in
29 Will County, Illinois;
30 (37.1) for a period of 3 years after June 23, 1995,
31 by the Illinois Department of Transportation for the
32 acquisition of rights-of-way for the 135th Street Bridge
33 Project between the Des Plaines River and New Avenue
34 lying within the South 1/2 of Section 35, Township 37
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1 North, Range 10 East of the Third Principal Meridian and
2 the North 1/2 of Section 2, Township 36 North, Range 10
3 East of the 3rd Principal Meridian, in Will County,
4 Illinois;
5 (38) for a period beginning June 24, 1995 (the day
6 after the effective date of Public Act 89-29) and ending
7 18 months after July 14, 1995 (the effective date of
8 Public Act 89-134), by the Anna-Jonesboro Water
9 Commission for the acquisition of land and easements for
10 improvements to its water treatment and storage
11 facilities and water transmission pipes;
12 (39) for a period of 36 months after July 14, 1995,
13 by the City of Effingham for the acquisition of property
14 which is described as follows:
15 Tract 1:
16 Lots 26 and 27 in Block 4 in RAILROAD ADDITION TO
17 THE TOWN (NOW CITY) OF EFFINGHAM (reference made to Plat
18 thereof recorded in Book "K", Page 769, in the Recorder's
19 Office of Effingham County), situated in the City of
20 Effingham, County of Effingham and State of Illinois.
21 Tract 2:
22 The alley lying South and adjoining Tract 1, as
23 vacated by Ordinance recorded on July 28, 1937 in Book
24 183, Page 465, and all right, title and interest in and
25 to said alley as established by the Contract for Easement
26 recorded on August 4, 1937 in Book 183, Page 472;
27 (40) for a period of one year after July 14, 1995,
28 by the Village of Palatine for the acquisition of
29 property located along the south side of Dundee Road
30 between Rand Road and Hicks Road for redevelopment
31 purposes;
32 (41) for a period of 6 years after July 1, 1995,
33 for the acquisition by the Medical Center District of
34 property described in Section 3 of the Illinois Medical
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1 District Act within the District Development Area as
2 described in Section 4 of that Act for the purposes set
3 forth in that Act;
4 (41.5) for a period of 24 months after June 21,
5 1996 by the City of Effingham, Illinois for acquisition
6 of property for the South Raney Street Improvement
7 Project Phase I;
8 (42) for a period of 3 years after June 21, 1996,
9 by the Village of Deerfield for the acquisition of
10 territory within the Deerfield Village Center, as
11 designated as of that date by the Deerfield Comprehensive
12 Plan, with the exception of that area north of Jewett
13 Park Drive (extended) between Waukegan Road and the
14 Milwaukee Railroad Tracks, for redevelopment purposes;
15 (43) for a period of 12 months after June 21, 1996,
16 by the City of Harvard for the acquisition of property
17 lying west of Harvard Hills Road of sufficient size to
18 widen the Harvard Hills Road right of way and to install
19 and maintain city utility services not more than 200 feet
20 west of the center line of Harvard Hills Road;
21 (44) for a period of 5 years after June 21, 1996,
22 by the Village of River Forest, Illinois, within the area
23 designated as a tax increment financing district when the
24 purpose of the condemnation proceeding is to acquire land
25 for any of the purposes contained in the River Forest Tax
26 Increment Financing Plan or authorized by the Tax
27 Increment Allocation Redevelopment Act, provided that
28 condemnation of any property zoned and used exclusively
29 for residential purposes shall be prohibited;
30 (45) for a period of 18 months after June 28, 1996,
31 by the Village of Schaumburg for the acquisition of land,
32 easements, and aviation easements for the purpose of a
33 public airport in Cook and DuPage Counties; provided that
34 if any proceedings under the provisions of this Article
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1 are pending on that date, "quick-take" may be utilized by
2 the Village of Schaumburg;
3 (46) for a period of one year after June 28, 1996,
4 by the City of Pinckneyville for the acquisition of land
5 and easements to provide for improvements to its water
6 treatment and storage facilities and water transmission
7 pipes, and for the construction of a sewerage treatment
8 facility and sewerage transmission pipes to serve the
9 Illinois Department of Corrections Pinckneyville
10 Correctional Facility;
11 (47) for a period of 6 months after June 28, 1996,
12 by the City of Streator for the acquisition of property
13 described as follows for a first flush basin sanitary
14 sewer system:
15 Tract 5: That part of lots 20 and 21 in Block
16 6 in Moore and Plumb's addition to the city of
17 Streator, Illinois, lying south of the right of way
18 of the switch track of the Norfolk and Western
19 Railroad (now abandoned) in the county of LaSalle,
20 state of Illinois.
21 Tract 6: That part of lots 30, 31 and 32 in
22 Block 7 in Moore and Plumb's Addition to the city of
23 Streator, Illinois, lying north of the centerline of
24 Coal Run Creek and south of the right of way of the
25 switch track of the Norfolk and Western Railroad
26 (now abandoned) in the county of LaSalle, state of
27 Illinois;
28 (48) for a period of 36 months after January 16,
29 1997 the effective date of this amendatory Act of 1996,
30 by the Bi-State Development Agency of the
31 Missouri-Illinois Metropolitan District for the
32 acquisition of rights of way and related property
33 necessary for the construction and operation of the
34 MetroLink Light Rail System, beginning in East St. Louis,
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1 Illinois, and terminating at Mid America Airport, St.
2 Clair County, Illinois;
3 (49) for a period of 2 years after January 16, 1997
4 the effective date of this amendatory Act of 1996, by the
5 Village of Schaumburg for the acquisition of
6 rights-of-way, permanent easements, and temporary
7 easements for the purpose of improving the Roselle
8 Road/Illinois Route 58/Illinois Route 72 corridor,
9 including rights-of-way along Roselle Road, Remington
10 Road, Valley Lake Drive, State Parkway, Commerce Drive,
11 Kristin Circle, and Hillcrest Boulevard, a permanent
12 easement along Roselle Road, and temporary easements
13 along Roselle Road, State Parkway, Valley Lake Drive,
14 Commerce Drive, Kristin Circle, and Hillcrest Boulevard,
15 in Cook County;.
16 (50) (48) by the Department of Transportation for
17 purposes of acquiring private property as specified in
18 the Meigs Field Airport Act.
19 In a proceeding subject to this Section, the plaintiff,
20 at any time after the complaint has been filed and before
21 judgment is entered in the proceeding, may file a written
22 motion requesting that, immediately or at some specified
23 later date, the plaintiff either be vested with the fee
24 simple title (or such lesser estate, interest or easement, as
25 may be required) to the real property, or specified portion
26 thereof, which is the subject of the proceeding, and be
27 authorized to take possession of and use such property; or
28 only be authorized to take possession of and to use such
29 property, if such possession and use, without the vesting of
30 title, are sufficient to permit the plaintiff to proceed with
31 the project until the final ascertainment of compensation;
32 however, no land or interests therein now or hereafter owned,
33 leased, controlled or operated and used by, or necessary for
34 the actual operation of, any common carrier engaged in
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1 interstate commerce, or any other public utility subject to
2 the jurisdiction of the Illinois Commerce Commission, shall
3 be taken or appropriated hereunder by the State of Illinois,
4 the Illinois Toll Highway Authority, the sanitary district,
5 the St. Louis Metropolitan Area Airport Authority or the
6 Board of Trustees of the University of Illinois without first
7 securing the approval of such Commission.
8 Except as hereinafter stated, the motion for taking shall
9 state: (1) an accurate description of the property to which
10 the motion relates and the estate or interest sought to be
11 acquired therein; (2) the formally adopted schedule or plan
12 of operation for the execution of the plaintiff's project;
13 (3) the situation of the property to which the motion
14 relates, with respect to the schedule or plan; (4) the
15 necessity for taking such property in the manner requested in
16 the motion; and (5) if the property (except property
17 described in Section 3 of the Sports Stadium Act, or property
18 described as Site B in Section 2 of the Metropolitan Pier and
19 Exposition Authority Act, or property that is taken as
20 provided in the Meigs Field Airport Act) to be taken is
21 owned, leased, controlled or operated and used by, or
22 necessary for the actual operation of, any interstate common
23 carrier or other public utility subject to the jurisdiction
24 of the Illinois Commerce Commission, a statement to the
25 effect that the approval of such proposed taking has been
26 secured from such Commission, and attaching to such motion a
27 certified copy of the order of such Commission granting such
28 approval. If the schedule or plan of operation is not set
29 forth fully in the motion, a copy of such schedule or plan
30 shall be attached to the motion.
31 (Source: P.A. 88-486; 88-526; 88-670, eff. 12-2-94; 89-29,
32 eff. 6-23-95; 89-134, eff. 7-14-95; 89-343, eff. 8-17-95;
33 89-356, eff. 8-17-95; 89-445, eff. 2-7-96; 89-460, eff.
34 5-24-96; 89-494, eff. 6-21-96; 89-502, eff. 6-28-96; 89-504,
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1 eff. 6-28-96; 89-592, eff. 8-1-96; 89-626, eff. 8-9-96;
2 89-683, eff. 6-1-97; 89-699, eff. 1-16-97; revised 1-28-97.)
3 Section 2-270. The Adoption Act is amended by changing
4 Section 13 as follows:
5 (750 ILCS 50/13) (from Ch. 40, par. 1516)
6 Sec. 13. Interim order. As soon as practicable after the
7 filing of a petition for adoption the court shall hold a
8 hearing for the following purposes:
9 A. In other than an adoption of a related child or an
10 adoption through an agency, or of an adult:
11 (a) To determine the validity of the consent,
12 provided that the execution of a consent pursuant to this
13 Act shall be prima facie evidence of its validity, and
14 provided that the validity of a consent shall not be
15 affected by the omission therefrom of the names of the
16 petitioners or adopting parents at the time the consent
17 is executed or acknowledged, and further provided that
18 the execution of a consent prior to the filing of a
19 petition for adoption shall not affect its validity.;
20 (b) To determine whether there is available
21 suitable temporary custodial care for a child sought to
22 be adopted.
23 B. In all cases:
24 (a) The court shall appoint some licensed attorney
25 other than the State's attorney acting in his or her
26 official capacity as guardian ad litem to represent a
27 child sought to be adopted. Such guardian ad litem shall
28 have power to consent to the adoption of the child, if
29 such consent is required.;
30 (b) The court shall appoint a guardian ad litem for
31 all named minors or defendants who are persons under
32 legal disability, if any.
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1 (c) If the petition alleges a person to be unfit
2 pursuant to the provisions of subparagraph (p) of
3 paragraph D of Section 1 of this Act, such person shall
4 be represented by counsel. If such person is indigent or
5 an appearance has not been entered on his behalf at the
6 time the matter is set for hearing, the court shall
7 appoint as counsel for him either the Guardianship and
8 Advocacy Commission, the public defender, or, only if no
9 attorney from the Guardianship and Advocacy Commission or
10 the public defender is available, an attorney licensed to
11 practice law in this State.
12 (d) If it is proved to the satisfaction of the
13 court, after such investigation as the court deems
14 necessary, that termination of parental rights and
15 temporary commitment of the child to an agency or to a
16 person deemed competent by the court, including
17 petitioners, will be for the welfare of the child, the
18 court may order the child to be so committed and may
19 terminate the parental rights of the parents and declare
20 the child a ward of the court or, if it is not so proved,
21 the court may enter such other order as it shall deem
22 necessary and advisable.
23 C. In the case of a child born outside the United States
24 or a territory thereof, if the petitioners have previously
25 been appointed guardians of such child by a court of
26 competent jurisdiction in a country other than the United
27 States or a territory thereof, the court may order that the
28 petitioners continue as guardians of such child.
29 (Source: P.A. 89-644, eff. 1-1-97; 89-686, eff. 6-1-97;
30 revised 1-14-97.)
31 ARTICLE 3
32 TECHNICAL CORRECTIONS
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1 Section 3-1. This Article amends various Acts to delete
2 obsolete text, to correct patent and technical errors, and to
3 revise cross-references.
4 Section 3-5. The State Salary and Annuity Withholding
5 Act is amended by changing Section 2 as follows:
6 (5 ILCS 365/2) (from Ch. 127, par. 352)
7 Sec. 2. Definitions. As used in this Act, unless the
8 context otherwise requires:
9 "Office" means the State Comptroller or, the Board of
10 Trustees of any of the following institutions: the University
11 of Illinois, the Board of Trustees of Southern Illinois
12 University, Chicago State University, Eastern Illinois
13 University, Governors State University, Illinois State
14 University, Northeastern Illinois University, Northern
15 Illinois University, and Western Illinois University the
16 Board of Governors of State Colleges and Universities and the
17 universities and colleges under its jurisdiction and the
18 Board of Regents and the universities under its jurisdiction.
19 "Department" means any department, board, commission,
20 institution, officer, court, or any agency of the State
21 government, other than the University of Illinois, Southern
22 Illinois University, Chicago State University, Eastern
23 Illinois University, Governors State University, Illinois
24 State University, Northeastern Illinois University, Northern
25 Illinois University, and Western Illinois University,
26 receiving State appropriations and having the power to
27 certify payrolls to the Comptroller authorizing payments of
28 salary or wages from such appropriations from any State fund
29 or from trust funds held by the State Treasurer; and the
30 Board of Trustees of the General Assembly Retirement System,
31 the Board of Trustees of the State Employees' Retirement
32 System of Illinois, and the Board of Trustees of the Judges
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1 Retirement System of Illinois created respectively by
2 Articles 2, 14, and 18 of the "Illinois Pension Code.",
3 approved March 18, 1963, as heretofore amended;
4 "Employee" means any regular officer or employee who
5 receives salary or wages for personal service rendered to the
6 State of Illinois and, for the purpose of deduction for the
7 purchase of United States Savings Bonds, includes any State
8 contractual employee.;
9 "Annuitant" means a person receiving a service retirement
10 allowance or ordinary or accidental disability benefits under
11 Article 2, Article 14, or Article 18 of the "Illinois Pension
12 Code.", approved March 18, 1963, as heretofore and hereafter
13 amended;
14 "Annuity" means the service retirement allowance or
15 accidental disability benefits received by an annuitant.
16 (Source: P.A. 89-4, eff. 1-1-96; revised 2-7-97.)
17 Section 3-10. The Department of Natural Resources Act is
18 amended by changing Section 80-30 as follows:
19 (20 ILCS 801/80-30) (from 20 ILCS 801/35)
20 Sec. 80-30. Transfer of property.
21 (a) All books, records, documents, property (real and
22 personal), unexpended appropriations, and pending business
23 pertaining to the rights, powers, and duties transferred by
24 this Act from the Department of Energy and Natural Resources,
25 the Department of Mines and Minerals, the Abandoned Mined
26 Lands Reclamation Council, and the Division of Water
27 Resources of the Department of Transportation to the
28 Department of Natural Resources shall be delivered and
29 transferred to the Department of Natural Resources.
30 All books, records, documents, property (real and
31 personal), unexpended appropriations, and pending business
32 pertaining to the rights, powers, and duties retained from
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1 the Department of Conservation by the Department of Natural
2 Resources shall be retained by the Department of Natural
3 Resources.
4 (b) All books, records, documents, property (real and
5 personal), unexpended appropriations, and pending business
6 pertaining to the rights, powers, and duties transferred by
7 this Act from the Department of Energy and Natural Resources
8 to the Department of Commerce and Community Affairs shall be
9 delivered and transferred to the Department of Commerce and
10 Community Affairs.
11 (c) All books, records, documents, property (real and
12 personal), unexpended appropriations, and pending business
13 pertaining to the rights, powers, and duties transferred by
14 this Act from the Department of Conservation to the Historic
15 Preservation Agency shall be delivered and transferred to the
16 Historic Preservation Agency.
17 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96;
18 revised 2-14-96.)
19 Section 3-15. The Civil Administrative Code of Illinois
20 is amended by changing Sections 63a40 and 63a41 as follows:
21 (20 ILCS 805/63a40)
22 Sec. 63a40. Adopt-A-River program. To establish and
23 maintain Adopt-A-River programs with individual or group
24 volunteers in an effort to encourage and facilitate volunteer
25 group involvement in litter cleanup in and along portions of
26 rivers and streams located in State parks and park lands.
27 These programs shall include but not be limited to the
28 following:
29 (1) Providing and coordinating services by volunteers to
30 reduce the amount of litter including providing trash bags
31 and trash bag pickup and, where necessary, providing
32 briefings on safety procedures.
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1 (2) Providing and installing signs identifying those
2 volunteers participating in the Adopt-A-River program in
3 particular parks and park lands.
4 The State and the Department of Natural Resources
5 Conservation and its employees are not liable for any damages
6 or injury suffered by any person resulting from his or her
7 participation in the program or from the actions or
8 activities of the volunteers.
9 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
10 revised 8-19-96.)
11 (20 ILCS 805/63a41)
12 Sec. 63a41. Establishment of Adopt-A-Park program. The
13 Department of Natural Resources Conservation may establish
14 and maintain Adopt-A-Park programs with individual or group
15 volunteers in an effort to reduce and remove litter from
16 parks and park lands. These programs shall include but not
17 be limited to the following:
18 (1) Providing and coordinating services by
19 volunteers to reduce the amount of litter, including
20 providing trash bags and trash bag pickup and, in
21 designated areas where volunteers may be in close
22 proximity to moving vehicles, providing safety briefings
23 and reflective safety gear.
24 (2) Providing and installing signs identifying
25 those volunteers adopting particular parks and park
26 lands.
27 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
28 revised 8-19-96.)
29 Section 3-20. The Department of Mental Health and
30 Developmental Disabilities Act (short title changed to Mental
31 Health and Developmental Disabilities Administrative Act
32 effective July 1, 1997) is amended by changing Section 43 as
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1 follows:
2 (20 ILCS 1705/43) (from Ch. 91 1/2, par. 100-43)
3 Sec. 43. To provide habilitation and care for mentally
4 retarded and persons with a developmental disability and
5 counseling for their families in accordance with programs
6 established and conducted by the Department.
7 In assisting families to place such persons in need of
8 care in licensed facilities for mentally retarded and persons
9 with a developmental disability,. the Department may
10 supplement the amount a family is able to pay, as determined
11 by the Department in accordance with Sections 5-105 through
12 5-116 of the "Mental Health and Developmental Disabilities
13 Code" as amended, and the amount available from other
14 sources. The Department shall have the authority to
15 determine eligibility for placement of a person in a private
16 facility.
17 Whenever a mentally retarded person or a client is placed
18 in a private facility pursuant to this Section, such private
19 facility must give the Department and the person's guardian
20 or nearest relative, at least 30 days' notice in writing
21 before such person may be discharged or transferred from the
22 private facility, except in an emergency.
23 (Source: P.A. 88-380; revised 11-6-96.)
24 Section 3-25. The Disabled Persons Rehabilitation Act is
25 amended by changing Section 12a as follows:
26 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
27 Sec. 12a. Centers for independent living.
28 (a) Purpose. Recognizing that persons with severe
29 disabilities deserve a high quality of life within their
30 communities regardless of their disabilities, the Department,
31 working with the Statewide Independent Living Council, shall
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1 develop a State plan for submission on an annual basis to the
2 Commissioner. The Department shall adopt rules for
3 implementing the State plan in accordance with the federal
4 Act, including rules adopted under the federal Act governing
5 the award of grants.
6 (b) Definitions. As used in this Section, unless the
7 context clearly requires otherwise:
8 "Federal Act" means the federal 1973 Rehabilitation Act.
9 "Center for independent living" means a consumer
10 controlled, community based, cross-disability,
11 non-residential, private non-profit agency that is designated
12 and operated within a local community by individuals with
13 disabilities and provides an array of independent living
14 services.
15 "Consumer controlled" means that the center for
16 independent living vests power and authority in individuals
17 with disabilities and that at least 51% of the directors of
18 the center are persons with one or more disabilities as
19 defined by this Act.
20 "Commissioner" means the Commissioner of the
21 Rehabilitation Services Administration in the United States
22 Department of Health and Human Services.
23 "Council" means the Statewide Independent Living Council
24 appointed under subsection (d).
25 "Individual with a disability" means any individual who
26 has a physical or mental impairment that substantially limits
27 a major life activity, has a record of such an impairment, or
28 is regarded as having such an impairment.
29 "Individual with a severe disability" means an individual
30 with a severe physical or mental impairment, whose ability to
31 function independently in the family or community or whose
32 ability to obtain, maintain, or advance in employment is
33 substantially limited and for whom the delivery of
34 independent living services will improve the ability to
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1 function, continue functioning, or move toward functioning
2 independently in the family or community or to continue in
3 employment.
4 "State plan" means the materials submitted by the
5 Department to the Commissioner on an annual basis that
6 contain the State's proposal for:
7 (1) The provision of statewide independent living
8 services.
9 (2) The development and support of a statewide
10 network of centers for independent living.
11 (3) Working relationships between (i) programs
12 providing independent living services and independent
13 living centers and (ii) the vocational rehabilitation
14 program administered by the Department under the federal
15 Act and other programs providing services for individuals
16 with disabilities.
17 (c) Authority. The Department shall be designated the
18 State unit under Title VII of the federal Act and shall have
19 the following responsibilities:
20 (1) To receive, account for, and disburse funds
21 received by the State under the federal Act based on the
22 State plan.
23 (2) To provide administrative support services to
24 centers for independent living programs.
25 (3) To keep records, and take such actions with
26 respect to those records, as the Commissioner finds to be
27 necessary with respect to the programs.
28 (4) To submit additional information or provide
29 assurances the Commissioner may require with respect to
30 the programs.
31 The Secretary and the Chairperson of the Council are
32 responsible for jointly developing and signing the State plan
33 required by Section 704 of the federal Act. The State plan
34 shall conform to the requirements of Section 704 of the
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1 federal Act.
2 (d) Statewide Independent Living Council.
3 The Governor shall appoint a Statewide Independent Living
4 Council, comprised of 18 members, which shall be established
5 as an entity separate and distinct from the Department. The
6 composition of the Council shall include the following:
7 (1) At least one director of a center for
8 independent living chosen by the directors of centers for
9 independent living within the State.
10 (2) Two representatives of the Department and a
11 representative each from the Department on Aging, the
12 State Board of Education, and the Department of Children
13 and Family Services, all as non-voting members who shall
14 not be counted in the 18 members appointed by the
15 Governor.
16 In addition, the Council may include the following:
17 (A) One or more representatives of centers for
18 independent living.
19 (B) One or more parents or guardians of individuals
20 with disabilities.
21 (C) One or more advocates for individuals with
22 disabilities.
23 (D) One or more representatives of private
24 business.
25 (E) One or more representatives of organizations
26 that provide services for individuals with disabilities.
27 (F) Other appropriate individuals.
28 After soliciting recommendations from organizations
29 representing a broad range of individuals with disabilities
30 and organizations interested in individuals with
31 disabilities, the Governor shall appoint members of the
32 Council for terms beginning July 1, 1993. The Council shall
33 be composed of members (i) who provide statewide
34 representation; (ii) who represent a broad range of
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1 individuals with disabilities; (iii) who are knowledgeable
2 about centers for independent living and independent living
3 services; and (iv) a majority of whom are persons who are
4 individuals with disabilities and are not employed by any
5 State agency or center for independent living. The terms of
6 all members of the Independent Living Advisory Council who
7 were appointed for terms beginning before July 1, 1993, shall
8 expire on July 1, 1993.
9 The council shall elect a chairperson from among its
10 membership.
11 Each member of the Council shall serve for terms of 3
12 years, except that (i) a member appointed to fill a vacancy
13 occurring before the expiration of the term for which the
14 predecessor was appointed shall be appointed for the
15 remainder of that term and (ii) terms of the members
16 initially appointed after the effective date of this
17 amendatory Act of 1993 shall be as follows: 6 of the
18 initial members shall be appointed for terms of one year, 6
19 shall be appointed for terms of 2 years, and 6 shall be
20 appointed for terms of 3 years. No member of the council may
21 serve more than 2 consecutive full terms.
22 Any vacancy occurring in the membership of the Council
23 shall be filled in the same manner as the original
24 appointment. The vacancy shall not affect the power of the
25 remaining members to execute the powers and duties of the
26 Council. The Council shall have the duties enumerated in
27 subsections (c), (d), and (e) of Section 705 of the federal
28 Act.
29 Members shall be reimbursed for their actual expenses
30 incurred in the performance of their duties, including
31 expenses for travel, child care, and personal assistance
32 services, and a member who is not employed or who must
33 forfeit wages from other employment shall be paid reasonable
34 compensation for each day the member is engaged in performing
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1 the duties of the Council. The reimbursement or compensation
2 shall be paid from moneys made available to the Department
3 under Part B of Title VII of the federal Act.
4 In addition to the powers and duties granted to advisory
5 boards by Section 8 of the Civil Administrative Code of
6 Illinois, the Council shall have the authority to appoint
7 jointly with the Secretary a peer review committee to
8 consider and make recommendations for grants to eligible
9 centers for independent living.
10 (e) Grants to centers for independent living. Each
11 center for independent living that receives assistance from
12 the Department under this Section shall comply with the
13 standards and provide and comply with the assurances that are
14 set forth in the State plan and consistent with Section 725
15 of the federal Act. Each center for independent living
16 receiving financial assistance from the Department shall
17 provide satisfactory assurances at the time and in the manner
18 the Secretary requires.
19 Beginning October 1, 1994, the Secretary may award grants
20 to any eligible center for independent living that is
21 receiving funds under Title VII of the federal Act, unless
22 the Secretary makes a finding that the center for independent
23 living fails to comply with the standards and assurances set
24 forth in Section 725 of the federal Act.
25 If there is no center for independent living serving a
26 region of the State or the region is underserved, and the
27 State receives a federal increase in its allotment sufficient
28 to support one or more additional centers for independent
29 living in the State, the Secretary may award a grant under
30 this subsection to one or more eligible agencies, consistent
31 with the provisions of the State plan setting forth the
32 design of the State for establishing a statewide network for
33 centers for independent living.
34 In selecting from among eligible agencies in awarding a
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1 grant under this subsection for a new center for independent
2 living, the Secretary and the chairperson of (or other
3 individual designated by) the Council acting on behalf of and
4 at the direction of the Council shall jointly appoint a peer
5 review committee that shall rank applications in accordance
6 with the standards and assurances set forth in Section 725 of
7 the federal Act and criteria jointly established by the
8 Secretary and the chairperson or designated individual. The
9 peer review committee shall consider the ability of the
10 applicant to operate a center for independent living and
11 shall recommend an applicant to receive a grant under this
12 subsection based on the following:
13 (1) Evidence of the need for a center for
14 independent living, consistent with the State plan.
15 (2) Any past performance of the applicant in
16 providing services comparable to independent living
17 services.
18 (3) The applicant's plan for complying with, or
19 demonstrated success in complying with, the standards and
20 assurances set forth in Section 725 of the federal Act.
21 (4) The quality of key personnel of the applicant
22 and the involvement of individuals with severe
23 disabilities by the applicant.
24 (5) The budgets and cost effectiveness of the
25 applicant.
26 (6) The evaluation plan of the applicant.
27 (7) The ability of the applicant to carry out the
28 plan.
29 The Secretary shall award the grant on the basis of the
30 recommendation of the peer review committee if the actions of
31 the committee are consistent with federal and State law.
32 (f) Evaluation and review. The Secretary shall
33 periodically review each center for independent living that
34 receives funds from the Department under Title VII of the
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1 federal Act, or moneys appropriated from the General Revenue
2 Fund, to determine whether the center is in compliance with
3 the standards and assurances set forth in Section 725 of the
4 federal Act. If the Secretary determines that any center
5 receiving those federal or State funds is not in compliance
6 with the standards and assurances set forth in Section 725,
7 the Secretary shall immediately notify the center that it is
8 out of compliance. The Secretary shall terminate all funds
9 to that center 90 days after the date of notification or, in
10 the case of a center that requests an appeal, the date of any
11 final decision, unless the center submits a plan to achieve
12 compliance within 90 days and that plan is approved by the
13 Secretary or (if 198 on appeal) by the Commissioner.
14 (Source: P.A. 88-10; 89-507, eff. 7-1-97; revised 12-4-96.)
15 Section 3-30. The Legislative Commission Reorganization
16 Act of 1984 is amended by changing Section 3A-1 as follows:
17 (25 ILCS 130/3A-1)
18 Sec. 3A-1. Pension Laws Commission.
19 (a) The Pension Laws Commission is hereby established as
20 a legislative support services agency. The Commission is
21 subject to the provisions of this Act. It shall have the
22 powers and perform the duties delegated to it under this Act,
23 the Pension Impact Note Act, and the Illinois Pension Code
24 and shall perform any other functions that may be provided by
25 law.
26 (b) The Pension Laws Commission shall make a continuing
27 study of the laws and practices pertaining to pensions and
28 related retirement and disability benefits for persons in
29 State or local government service and their survivors and
30 dependents, shall evaluate existing laws and practices, and
31 shall review and make recommendations on proposed changes to
32 those laws and practices.
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1 (c) The Commission shall be responsible for the
2 preparation of Pension Impact Notes as provided in the
3 Pension Impact Note Act.
4 (d) The Commission shall report to the General Assembly
5 annually or as it deems necessary or useful on the results of
6 its studies and the performance of its duties.
7 (e) The Commission may request assistance from any other
8 entity as necessary or useful for the performance of its
9 duties.
10 (f) The Illinois Economic and Fiscal Commission shall
11 continue to perform the functions and duties that are being
12 transferred from it to the Pension Laws Commission by this
13 amendatory Act of 1995 until the Pension Laws Commission has
14 been appointed and funded and is prepared to begin its
15 operations.
16 (Source: P.A. 89-113, eff. 7-7-95; revised 5-17-96.)
17 (30 ILCS 105/5.179 rep.)
18 Section 3-35. The State Finance Act is amended by
19 repealing Section 5.179.
20 Section 3-40. The State Finance Act is amended by
21 changing Section 6z-32 as follows:
22 (30 ILCS 105/6z-32)
23 Sec. 6z-32. Conservation 2000.
24 (a) The Conservation 2000 Fund and the Conservation 2000
25 Projects Fund are created as special funds in the State
26 Treasury. These funds shall be used to establish a
27 comprehensive program to protect Illinois' natural resources
28 through cooperative partnerships between State government and
29 public and private landowners. Moneys in these Funds may be
30 used, subject to appropriation, by the Environmental
31 Protection Agency and the Departments of Agriculture,
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1 Conservation, Energy and Natural Resources, and
2 Transportation for purposes relating to natural resource
3 protection, recreation, tourism, and compatible agricultural
4 and economic development activities. Without limiting these
5 general purposes, moneys in these Funds may be used, subject
6 to appropriation, for the following specific purposes:
7 (1) To foster sustainable agriculture practices and
8 control soil erosion and sedimentation, including grants
9 to Soil and Water Conservation Districts for conservation
10 practice cost-share grants and for personnel,
11 educational, and administrative expenses.
12 (2) To establish and protect a system of ecosystems
13 in public and private ownership through conservation
14 easements, incentives to private landowners, and land
15 acquisition provided these mechanisms are all voluntary
16 on the part of the landowner and do not involve the use
17 of eminent domain.
18 (3) To develop a systematic and long-term program
19 to effectively measure and monitor natural resources and
20 ecological conditions through investments in technology
21 and involvement of scientific experts.
22 (4) To initiate strategies to enhance, use, and
23 maintain Illinois' inland lakes through education,
24 technical assistance, research, and financial incentives.
25 (5) To conduct an extensive review of existing
26 Illinois water laws.
27 (b) The State Comptroller and State Treasurer shall
28 automatically transfer on the last day of each month,
29 beginning on September 30, 1995 and ending on June 30, 2001,
30 from the General Revenue Fund to the Conservation 2000 Fund,
31 an amount equal to 1/10 of the amount set forth below in
32 fiscal year 1996 and an amount equal to 1/12 of the amount
33 set forth below in each of the other specified fiscal years:
34 Fiscal Year Amount
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1 1996 $ 3,500,000
2 1997 $ 9,000,000
3 1998 $10,000,000
4 1999 $11,000,000
5 2000 $12,500,000
6 2001 $14,000,000
7 (c) There shall be deposited into the Conservation 2000
8 Projects Fund such bond proceeds and other moneys as may,
9 from time to time, be provided by law.
10 (Source: P.A. 89-49, eff. 6-29-95; 89-626, eff. 8-9-96;
11 revised 12-10-96.)
12 Section 3-45. The Automobile Renting Occupation and Use
13 Tax Act is amended by changing Section 2 as follows:
14 (35 ILCS 155/2) (from Ch. 120, par. 1702)
15 Sec. 2. Definitions. "Renting" means any transfer of
16 the possession or right to possession of an automobile to a
17 user for a valuable consideration for a period of one 1 year
18 or less.
19 "Renting" does not include making of a charge for the use
20 of an automobile where the rentor, either himself or through
21 an agent, furnishes a service of operating an automobile so
22 that the rentor remains in possession of the automobile,
23 because this does not constitute a transfer of possession or
24 right to possession of the automobile.
25 "Renting" does not include the making of a charge, by an
26 automobile dealer for the use of an automobile as a
27 demonstrator in connection with the dealer's business of
28 selling, where the charge is merely made to recover the costs
29 of operating the automobile as a demonstrator and is not
30 intended as a rental or leasing charge in the ordinary sense.
31 "Automobile" means any motor vehicle of the first
32 division, a motor vehicle of the second division which is a
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1 self-contained motor vehicle designed or permanently
2 converted to provide living quarters for recreational,
3 camping or travel use, with direct walk through access to the
4 living quarters from the driver's seat, or a motor vehicle of
5 the second division which is of the van configuration
6 designed for the transportation of not less than 7 nor more
7 than 16 passengers, as defined in Section 1-146 of "the
8 Illinois Vehicle Code".
9 "Department" means the Department of Revenue.
10 "Person" means any natural individual, firm, partnership,
11 association, joint stock company, joint adventure, public or
12 private corporation, limited liability company, or a
13 receiver, executor, trustee, conservator or other
14 representative representatives appointed by order of any
15 court.
16 "Rentor" means any person, firm, corporation or
17 association engaged in the business of renting or leasing
18 automobiles to users. For this purpose, the objective of
19 making a profit is not necessary to make the renting activity
20 a business.
21 "Rentee" means any user to whom the possession, or the
22 right to possession, of an automobile is transferred for a
23 valuable consideration for a period of one 1 year or less,
24 whether which is paid for by the such "rentee" or by someone
25 else.
26 "Gross receipts" from the renting of tangible personal
27 property or "rent", means the total rental price or leasing
28 price. In the case of rental transactions in which the
29 consideration is paid to the rentor on an installment basis,
30 the amounts of such payments shall be included by the rentor
31 in gross receipts or rent only as and when payments are
32 received by the rentor.
33 "Rental price" means the consideration for renting or
34 leasing an automobile valued in money, whether received in
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1 money or otherwise, including cash credits, property and
2 services, and shall be determined without any deduction on
3 account of the cost of the property rented, the cost of
4 materials used, labor or service cost, or any other expense
5 whatsoever, but does not include charges that are added by a
6 rentor rentors on account of the rentor's tax liability under
7 this Act, or on account of the rentor's duty to collect, from
8 the rentee, the tax that is imposed by Section 4 of this Act.
9 The phrase "rental price" does not include compensation paid
10 to a rentor by a rentee in consideration of the waiver by the
11 rentor of any right of action or claim against the such
12 rentee for loss or damage to the automobile rented and also
13 does not include a separately stated charge for insurance or
14 recovery of refueling costs or other separately stated
15 charges that which are not for the use of tangible personal
16 property.
17 (Source: P.A. 88-480; revised 2-22-96.)
18 Section 3-50. The Property Tax Code is amended by
19 changing Section 16-35 as follows:
20 (35 ILCS 200/16-35)
21 Sec. 16-35. Adjournment of boards of review. The final
22 adjournment of the board of review in counties of less than
23 50,000 inhabitants shall be on or before September 7; in
24 counties of than 50,000 or more but less than 75,000
25 inhabitants, the adjournment shall be on or before October 7;
26 in counties of 75,000 or more but less than 100,000
27 inhabitants, the adjournment shall be on or before November
28 7; and in counties of 100,000 or more inhabitants the board
29 shall adjourn not later than December 31. If the work for
30 that assessment year is not completed, the board of review
31 shall, with the approval of the county board, recess on or
32 before its adjournment date as specified above, until the
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1 clerk of the board of review notifies the members of the
2 board of review in writing to return to session to complete
3 their work. The board of review shall adjourn when the work
4 for that assessment year is completed and the assessment
5 books certified to the county clerk.
6 (Source: P.A. 84-582; 88-455; revised 2-14-96.)
7 Section 3-55. The Illinois Pension Code is amended by
8 changing Sections 5-136, 15-136, 15-153.2, and 24-109 as
9 follows:
10 (40 ILCS 5/5-136) (from Ch. 108 1/2, par. 5-136)
11 Sec. 5-136. Widow's annuity - all employees attaining age
12 57 in service. The annuity for the wife of an an employee
13 who attains age 57 in service, and who thereafter withdraws
14 from or dies in service, shall be fixed, in the case of a
15 future entrant, as of her age at the date of his withdrawal
16 or death, whichever first occurs, and, in the case of a
17 present employee, as of her age when the employee withdraws
18 from or dies in service.
19 The widow is entitled to annuity from and after the
20 employee's death, as follows:
21 1. If the employee withdraws from service and enters upon
22 annuity, the annuity shall be that amount provided from his
23 credit for widow's annuity, and widow's prior service annuity
24 (if a present employee), at the time he withdraws from or
25 dies in service after attainment of age 57, but shall not be
26 less that 40% of the amount of annuity earned by the employee
27 at the time of his withdrawal from the service after his
28 attainment of age 57 or not less than 40% of the amount of
29 annuity accrued to the credit of the employee on date of his
30 death in service after his attainment of age 57 computed
31 according to Section 5-132, subject to the limitations of
32 Section 5-148, but shall not be less than $100 per month. If
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1 the widow is more than 5 years younger than her husband, the
2 40% annuity for the widow shall be reduced to the actuarial
3 equivalent of her attained age, on the basis of the Combined
4 Annuity Table 3% interest.
5 The widow of a policeman who retires from service after
6 December 31, 1975 or who dies while in service after December
7 31, 1975 and on or after the date on which he becomes
8 eligible to retire under Section 5-132 shall, if she is
9 otherwise eligible for a widow's annuity under this Article
10 and if the amount determined under this paragraph is more
11 than the total combined amounts of her widow's annuity and
12 widow's prior service annuity, or the annuities provided
13 hereinbefore in this Section receive, in lieu of such other
14 widow's annuity and widow's prior service annuity, or
15 annuities provided hereinbefore in this Section a widow's
16 annuity equal to 40% of the amount of annuity which her
17 deceased policeman husband received as of the date of his
18 retirement on annuity or if he dies in the service prior to
19 retirement on annuity a widow's annuity equal to 40% of the
20 amount of annuity her deceased policeman husband would have
21 been entitled to receive if he had retired on the day before
22 the date of his death in the service, except that if the age
23 of the wife at date of retirement or the age of the widow at
24 date of death in the service is more than 5 years younger
25 than her policeman husband, the amount of such annuity shall
26 be reduced by 1/2 of 1% for each such month and fraction
27 thereof that she is more than 5 years younger at date of
28 retirement or at date of death subject to a maximum reduction
29 of 50%. However, no annuity under this Section shall exceed
30 $500.00 per month.
31 This Section does not apply to the widow of any former
32 policeman who was receiving an annuity from the fund on
33 December 31, 1975 and who reenters service as a policeman,
34 unless he renders at least 3 years of additional service
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1 after re-entry.
2 (Source: P.A. 79-631; revised 5-17-96.)
3 (40 ILCS 5/15-136) (from Ch. 108 1/2, par. 15-136)
4 Sec. 15-136. Retirement annuities - Amount.
5 (a) The amount of the retirement annuity shall be
6 determined by whichever of the following rules is applicable
7 and provides the largest annuity:
8 Rule 1: The retirement annuity shall be 1.67% of final
9 rate of earnings for each of the first 10 years of service,
10 1.90% for each of the next 10 years of service, 2.10% for
11 each year of service in excess of 20 but not exceeding 30,
12 and 2.30% for each year in excess of 30.
13 Rule 2: The retirement annuity shall be the sum of the
14 following, determined from amounts credited to the
15 participant in accordance with the actuarial tables and the
16 prescribed rate of interest in effect at the time the
17 retirement annuity begins:
18 (i) The normal annuity which can be provided on an
19 actuarial equivalent basis, by the accumulated normal
20 contributions as of the date the annuity begins; and
21 (ii) an annuity from employer contributions of an
22 amount which can be provided on an actuarially equivalent
23 basis from the accumulated normal contributions made by
24 the participant under Section 15-113.6 and Section
25 15-113.7 plus 1.4 times all other accumulated normal
26 contributions made by the participant.
27 Rule 3: The retirement annuity of a participant who is
28 employed at least one-half time during the period on which
29 his or her final rate of earnings is based, shall be equal to
30 the participant's years of service not to exceed 30,
31 multiplied by (1) $96 if the participant's final rate of
32 earnings is less than $3,500, (2) $108 if the final rate of
33 earnings is at least $3,500 but less than $4,500, (3) $120 if
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1 the final rate of earnings is at least $4,500 but less than
2 $5,500, (4) $132 if the final rate of earnings is at least
3 $5,500 but less than $6,500, (5) $144 if the final rate of
4 earnings is at least $6,500 but less than $7,500, (6) $156 if
5 the final rate of earnings is at least $7,500 but less than
6 $8,500, (7) $168 if the final rate of earnings is at least
7 $8,500 but less than $9,500, and (8) $180 if the final rate
8 of earnings is $9,500 or more.
9 Rule 4: A participant who is at least age 50 and has 25
10 or more years of service as a police officer or firefighter,
11 and a participant who is age 55 or over and has at least 20
12 but less than 25 years of service as a police officer or
13 firefighter, shall be entitled to a retirement annuity of 2
14 1/4% of the final rate of earnings for each of the first 10
15 years of service as a police officer or firefighter, 2 1/2%
16 for each of the next 10 years of service as a police officer
17 or firefighter, and 2 3/4% for each year of service as a
18 police officer or firefighter in excess of 20. The
19 retirement annuity for all other service shall be computed
20 under Rule 1.
21 (b) The retirement annuity provided under Rules 1 and 3
22 above shall be reduced by 1/2 of 1% for each month the
23 participant is under age 60 at the time of retirement.
24 However, this reduction shall not apply in the following
25 cases:
26 (1) For a disabled participant whose disability
27 benefits have been discontinued because he or she has
28 exhausted eligibility for disability benefits under
29 clause (6) (5) of Section 15-152;
30 (2) For a participant who has at least 35 years of
31 service; or
32 (3) For that portion of a retirement annuity which
33 has been provided on account of service of the
34 participant during periods when he or she performed the
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1 duties of a police officer or firefighter, if these
2 duties were performed for at least 5 years immediately
3 preceding the date the retirement annuity is to begin.
4 (c) The maximum retirement annuity provided under Rules
5 1, 2, and 4 shall be the lesser of (1) the annual limit of
6 benefits as specified in Section 415 of the Internal Revenue
7 Code of 1986, as such Section may be amended from time to
8 time and as such benefit limits shall be adjusted by the
9 Commissioner of Internal Revenue, and (2) 75% of final rate
10 of earnings; however, this limitation of 75% of final rate of
11 earnings shall not apply to a person who is a participant or
12 annuitant on September 15, 1977 if it results in a retirement
13 annuity less than that which is payable to the annuitant or
14 which would have been payable to the participant under the
15 provisions of this Article in effect on June 30, 1977.
16 (d) An annuitant whose status as an employee terminates
17 after August 14, 1969 shall receive automatic increases in
18 his or her retirement annuity as follows:
19 Effective January 1 immediately following the date the
20 retirement annuity begins, the annuitant shall receive an
21 increase in his or her monthly retirement annuity of 0.125%
22 of the monthly retirement annuity provided under Rule 1, Rule
23 2, Rule 3, or Rule 4, contained in this Section, multiplied
24 by the number of full months which elapsed from the date the
25 retirement annuity payments began to January 1, 1972, plus
26 0.1667% of such annuity, multiplied by the number of full
27 months which elapsed from January 1, 1972, or the date the
28 retirement annuity payments began, whichever is later, to
29 January 1, 1978, plus 0.25% of such annuity multiplied by the
30 number of full months which elapsed from January 1, 1978, or
31 the date the retirement annuity payments began, whichever is
32 later, to the effective date of the increase.
33 The annuitant shall receive an increase in his or her
34 monthly retirement annuity on each January 1 thereafter
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1 during the annuitant's life of 3% of the monthly annuity
2 provided under Rule 1, Rule 2, Rule 3, or Rule 4 contained in
3 this Section. The change made under this subsection by P.A.
4 81-970 is effective January 1, 1980 and applies to each
5 annuitant whose status as an employee terminates before or
6 after that date.
7 Beginning January 1, 1990, all automatic annual increases
8 payable under this Section shall be calculated as a
9 percentage of the total annuity payable at the time of the
10 increase, including all increases previously granted under
11 this Article. The change made in this subsection by P.A.
12 85-1008 is effective January 26, 1988, and is applicable
13 without regard to whether status as an employee terminated
14 before that date.
15 (e) If, on January 1, 1987, or the date the retirement
16 annuity payment period begins, whichever is later, the sum of
17 the retirement annuity provided under Rule 1 or Rule 2 of
18 this Section and the automatic annual increases provided
19 under the preceding subsection or Section 15-136.1, amounts
20 to less than the retirement annuity which would be provided
21 by Rule 3, the retirement annuity shall be increased as of
22 January 1, 1987, or the date the retirement annuity payment
23 period begins, whichever is later, to the amount which would
24 be provided by Rule 3 of this Section. Such increased amount
25 shall be considered as the retirement annuity in determining
26 benefits provided under other Sections of this Article. This
27 paragraph applies without regard to whether status as an
28 employee terminated before the effective date of this
29 amendatory Act of 1987, provided that the annuitant was
30 employed at least one-half time during the period on which
31 the final rate of earnings was based.
32 (f) A participant is entitled to such additional annuity
33 as may be provided on an actuarial equivalent basis, by any
34 accumulated additional contributions to his or her credit.
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1 However, the additional contributions made by the participant
2 toward the automatic increases in annuity provided under this
3 Section shall not be taken into account in determining the
4 amount of such additional annuity.
5 (g) If, (1) by law, a function of a governmental unit,
6 as defined by Section 20-107 of this Code, is transferred in
7 whole or in part to an employer, and (2) a participant
8 transfers employment from such governmental unit to such
9 employer within 6 months after the transfer of the function,
10 and (3) the sum of (A) the annuity payable to the participant
11 under Rule 1, 2, or 3 of this Section (B) all proportional
12 annuities payable to the participant by all other retirement
13 systems covered by Article 20, and (C) the initial primary
14 insurance amount to which the participant is entitled under
15 the Social Security Act, is less than the retirement annuity
16 which would have been payable if all of the participant's
17 pension credits validated under Section 20-109 had been
18 validated under this system, a supplemental annuity equal to
19 the difference in such amounts shall be payable to the
20 participant.
21 (h) On January 1, 1981, an annuitant who was receiving a
22 retirement annuity on or before January 1, 1971 shall have
23 his or her retirement annuity then being paid increased $1
24 per month for each year of creditable service. On January 1,
25 1982, an annuitant whose retirement annuity began on or
26 before January 1, 1977, shall have his or her retirement
27 annuity then being paid increased $1 per month for each year
28 of creditable service.
29 (i) On January 1, 1987, any annuitant whose retirement
30 annuity began on or before January 1, 1977, shall have the
31 monthly retirement annuity increased by an amount equal to 8¢
32 per year of creditable service times the number of years that
33 have elapsed since the annuity began.
34 (Source: P.A. 86-272; 86-273; 86-1028; revised 5-17-96.)
HB1269 Engrossed -486- LRB9001000EGfg
1 (40 ILCS 5/15-153.2) (from Ch. 108 1/2, par. 15-153.2)
2 Sec. 15-153.2. Disability retirement annuity. A
3 participant whose disability benefits are discontinued under
4 the provisions of clause (6) (5) of Section 15-152, is
5 entitled to a disability retirement annuity of 35% of the
6 basic compensation which was payable to the participant at
7 the time that disability began, provided at least 2 licensed
8 and practicing physicians appointed by the board certify that
9 the participant has a medically determinable physical or
10 mental impairment which would prevent him or her from
11 engaging in any substantial gainful activity, and which can
12 be expected to result in death or which has lasted or can be
13 expected to last for a continuous period of not less than 12
14 months. The terms "medically determinable physical or mental
15 impairment" and "substantial gainful activity" shall have the
16 meanings ascribed to them in the "Social Security Act", as
17 now or hereafter amended, and the regulations issued
18 thereunder.
19 The disability retirement annuity payment period shall
20 begin immediately following the expiration of the disability
21 benefit payments under clause (6) (5) of Section 15-152 and
22 shall be discontinued when (1) the physical or mental
23 impairment no longer prevents the participant from engaging
24 in any substantial gainful activity, (2) the participant
25 dies, or (3) the participant elects to receive a retirement
26 annuity under Sections 15-135 and 15-136. If a person's
27 disability retirement annuity is discontinued under clause
28 (1), all rights and credits accrued in the system on the date
29 that the disability retirement annuity began shall be
30 restored, and the disability retirement annuity paid shall be
31 considered as disability payments under clause (6) (5) of
32 Section 15-152.
33 (Source: P.A. 83-1440; revised 2-7-97.)
HB1269 Engrossed -487- LRB9001000EGfg
1 (40 ILCS 5/24-109) (from Ch. 108 1/2, par. 24-109)
2 Sec. 24-109. Football Coaches.
3 (a) Any football coach employed by the Board of Trustees
4 of Chicago State University, the Board of Trustees of Eastern
5 Illinois University, the Board of Trustees of Governors State
6 University, the Board of Trustees of Illinois State
7 University, the Board of Trustees of Northeastern Illinois
8 University, the Board of Trustees of Northern Illinois
9 University, the Board of Trustees of Western Illinois
10 University Governors of State Colleges and Universities, the
11 Board of Regents, the University of Illinois Board of
12 Trustees, or the Southern Illinois University System Board of
13 Trustees, may participate in the American Football Coaches
14 Retirement Trust in accordance with the conditions of that
15 Trust, of this Section, and of applicable federal law.
16 (b) A football coach who elects to participate in the
17 Trust may defer a part of his compensation as a coach by
18 making employee contributions to the Trust. Amounts deferred
19 by the coach under this Section shall be deemed a part of the
20 coach's compensation for purposes of participation in the
21 State Universities Retirement System but, in accordance with
22 the U.S. Internal Revenue Code of 1986, shall not be included
23 in the computation of federal income taxes withheld on behalf
24 of the coach. The employing institution of higher education
25 shall not make any employer contributions to the Trust on
26 behalf of the coach.
27 (c) A football coach who participates in the Trust may
28 not participate in any other program of deferred compensation
29 under this Article during any year in which he makes
30 contributions to the Trust.
31 (d) Participation in the Trust shall be administered by
32 the institution of higher education that employs the coach.
33 Each such institution shall report annually to the General
34 Assembly on the status of the Trust and participation under
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1 this Section.
2 (e) The right to participate in the Trust that is
3 granted by this Section is subject to future limitation, and
4 shall not be deemed to be a pension benefit that is protected
5 from impairment under Section 5 of Article XIII of the
6 Illinois Constitution.
7 (Source: P.A. 87-794, eff. 11-19-91; revised 11-13-96.)
8 Section 3-60. The Counties Code is amended by changing
9 Sections 4-2001, 5-1031.1, 5-1095, and 5-12003 as follows:
10 (55 ILCS 5/4-2001) (from Ch. 34, par. 4-2001)
11 Sec. 4-2001. State's attorney salaries.
12 (a) There shall be allowed to the several state's
13 attorneys in this State, except the state's attorney of Cook
14 County, the following annual salary:
15 (1) To each state's attorney in counties containing
16 less than 10,000 inhabitants, $40,500 until December 31,
17 1988, $45,500 until June 30, 1994, and $55,500
18 thereafter.
19 (2) To each state's attorney in counties containing
20 10,000 or more inhabitants but less than 20,000
21 inhabitants, $46,500 until December 31, 1988, $61,500
22 until June 30, 1994, and $71,500 thereafter.
23 (3) To each state's attorney in counties containing
24 20,000 or more but less than 30,000 inhabitants, $51,000
25 until December 31, 1988, $65,000 until June 30, 1994, and
26 $75,000 thereafter.
27 (4) To each state's states's attorney in counties
28 of 30,000 or more inhabitants, $65,500 until December 31,
29 1988, $80,000 until June 30, 1994, and $96,837
30 thereafter.
31 The State shall furnish 66 2/3% of the total annual
32 compensation to be paid to each state's attorney in Illinois
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1 based on the salary in effect on December 31, 1988, and 100%
2 of the increases in salary provided by Public Act 85-1451 and
3 this amendatory Act of 1994.
4 Said amounts furnished by the State shall be payable
5 monthly from the state treasury to the county in which each
6 state's attorney is elected.
7 Each county shall be required to furnish 33 1/3% of the
8 total annual compensation to be paid to each state's attorney
9 in Illinois based on the salary in effect on December 31,
10 1988.
11 (b) Except in counties containing fewer than 10,000
12 inhabitants and except as provided in this paragraph, no
13 state's attorney may engage in the private practice of law.
14 However, in any county between 10,000 and 30,000 inhabitants
15 or in any county containing 30,000 or more inhabitants which
16 reached such population between 1970 and December 31, 1981,
17 the state's attorney may declare his intention to engage in
18 the private practice of law by filing a written declaration
19 of intent to engage in the private practice of law with the
20 county clerk. The declaration of intention shall be
21 irrevocable during the remainder of the term of office. The
22 declaration shall be filed with the county clerk within 30
23 days of certification of election or appointment, or within
24 60 days of March 15, 1989, whichever is later. In that event
25 the annual salary of such state's attorney shall be as
26 follows:
27 (1) In counties containing 10,000 or more
28 inhabitants but less than 20,000 inhabitants, $46,500
29 until December 31, 1988, $51,500 until June 30, 1994, and
30 $61,500 thereafter. The State shall furnish 100% of the
31 increases taking effect after December 31, 1988.
32 (2) In counties containing 20,000 or more
33 inhabitants but less than 30,000 inhabitants, and in
34 counties containing 30,000 or more inhabitants which
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1 reached said population between 1970 and December 31,
2 1981, $51,500 until December 31, 1988, $56,000 until June
3 30, 1994, and $65,000 thereafter. The State shall
4 furnish 100% of the increases taking effect after
5 December 31, 1988.
6 (c) In counties where a state mental health institution,
7 as hereinafter defined, is located, one assistant state's
8 attorney shall receive for his services, payable monthly from
9 the state treasury to the county in which he is appointed,
10 the following:
11 (1) To each assistant state's attorney in counties
12 containing less than 10,000 inhabitants, the sum of
13 $2,500 per annum;
14 (2) To each assistant state's attorney in counties
15 containing not less than 10,000 inhabitants and not more
16 than 20,000 inhabitants, the sum of $3,500 per annum;
17 (3) To each assistant state's attorney in counties
18 containing not less than 20,000 inhabitants and not more
19 than 30,000 inhabitants, the sum of $4,000 per annum;
20 (4) To each assistant state's attorney in counties
21 containing not less than 30,000 inhabitants and not more
22 than 40,000 inhabitants, the sum of $4,500 per annum;
23 (5) To each assistant state's attorney in counties
24 containing not less than 40,000 inhabitants and not more
25 than 70,000 inhabitants, the sum of $5,000 per annum;
26 (6) To each assistant state's attorney in counties
27 containing not less than 70,000 inhabitants and not more
28 than 1,000,000 inhabitants, the sum of $6,000 per annum.
29 (d) The population of all counties for the purpose of
30 fixing salaries as herein provided shall be based upon the
31 last Federal census immediately previous to the appointment
32 of an assistant state's attorney in each county.
33 (e) At the request of the county governing authority, in
34 counties where one or more state correctional institutions,
HB1269 Engrossed -491- LRB9001000EGfg
1 as hereinafter defined, are located, one or more assistant
2 state's attorneys shall receive for their services, provided
3 that such services are performed in connection with the state
4 correctional institution, payable monthly from the state
5 treasury to the county in which they are appointed, the
6 following:
7 (1) $22,000 for each assistant state's attorney in
8 counties with one or more State correctional institutions
9 with a total average daily inmate population in excess of
10 2,000, on the basis of 2 assistant state's attorneys when
11 the total average daily inmate population exceeds 2,000
12 but is less than 4,000; and 3 assistant state's attorneys
13 when such population exceeds 4,000; with reimbursement to
14 be based on actual services rendered.
15 (2) $15,000 per year for one assistant state's
16 attorney in counties having one or more correctional
17 institutions with a total average daily inmate population
18 of between 750 and 2,000 inmates, with reimbursement to
19 be based on actual services rendered.
20 (3) A maximum of $12,000 per year for one assistant
21 state's attorney in counties having less than 750
22 inmates, with reimbursement to be based on actual
23 services rendered.
24 Upon application of the county governing authority
25 and certification of the State's Attorney, the Director
26 of Corrections may, in his discretion and subject to
27 appropriation, increase the amount of salary
28 reimbursement to a county in the event special
29 circumstances require the county to incur extraordinary
30 salary expenditures as a result of services performed in
31 connection with State correctional institutions in that
32 county.
33 In determining whether or not to increase the amount of
34 salary reimbursement, the Director shall consider, among
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1 other matters:
2 (1) the nature of the services rendered;
3 (2) the results or dispositions obtained;
4 (3) whether or not the county was required to
5 employ additional attorney personnel as a direct result
6 of the services actually rendered in connection with a
7 particular service to a State correctional institution.
8 (f) In counties where a State senior institution of
9 higher education is located, the assistant state's attorneys
10 specified by this Section shall receive for their services,
11 payable monthly from the State treasury to the county in
12 which appointed, the following:
13 (1) $14,000 per year each for employment on a full
14 time basis for 2 assistant state's attorneys in counties
15 having a State university or State universities with
16 combined full time enrollment of more than 15,000
17 students.
18 (2) $7,200 per year for one assistant state's
19 attorney with no limitation on other practice in counties
20 having a State university or State universities with
21 combined full time enrollment of 10,000 to 15,000
22 students.
23 (3) $4,000 per year for one assistant state's
24 attorney with no limitation on other practice in counties
25 having a State university or State universities with
26 combined full time enrollment of less than 10,000
27 students.
28 Such salaries shall be paid to the state's attorney and
29 the assistant state's attorney in equal monthly installments
30 by such county out of the county treasury provided that the
31 State of Illinois shall reimburse each county monthly from
32 the state treasury the amount of such salary. This Section
33 shall not prevent the payment of such additional compensation
34 to the state's attorney or assistant state's attorney of any
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1 county, out of the treasury of that county as may be provided
2 by law.
3 (g) For purposes of this Section, "State mental health
4 institution" means any institution under the jurisdiction of
5 the Department of Human Services that is listed in Section 4
6 of the Mental Health and Developmental Disabilities
7 Administrative Act.
8 For purposes of this Section, "State correctional
9 institution" means any facility of the Department of
10 Corrections including adult facilities, juvenile facilities,
11 pre-release centers, community correction centers, and work
12 camps.
13 For purposes of this Section, "State university" means
14 the University of Illinois, Southern Illinois University,
15 Chicago State University, Eastern Illinois University,
16 Governors State University, Illinois State University,
17 Northeastern Illinois University, Northern Illinois
18 University, Western Illinois University, the several colleges
19 and universities under the governance of the Board of
20 Governors of State Colleges and Universities, the several
21 Regency Universities under the jurisdiction of the Board of
22 Regents, and any public community college which has
23 established a program of interinstitutional cooperation with
24 one of the foregoing institutions whereby a student, after
25 earning an associate degree from the community college,
26 pursues a course of study at the community college campus
27 leading to a baccalaureate degree from the foregoing
28 institution (also known as a "2 Plus 2" degree program).
29 (Source: P.A. 88-594, eff. 8-26-94; 89-507, eff. 7-1-97;
30 revised 2-7-97.)
31 (55 ILCS 5/5-1031.1)
32 Sec. 5-1031.1. Home rule real estate transfer taxes.
33 (a) After the effective date of this amendatory Act of
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1 1996 and subject to this Section, a home rule county may
2 impose or increase a tax or other fee on the privilege of
3 transferring title to real estate, as represented by the deed
4 that is filed for recordation, and on the privilege of
5 transferring a beneficial interest in a land trust holding
6 legal title to real property, as represented by the trust
7 document that is filed for recordation. A tax or other fee
8 on the privilege of transferring title to real estate, as
9 represented by the deed that is filed for recordation, and on
10 the privilege of transferring a beneficial interest in a land
11 trust holding legal title to real property, as represented by
12 the trust document that is filed for recordation, shall
13 hereafter be referred to as a real estate transfer tax.
14 (b) Before adopting a resolution to submit the question
15 of imposing or increasing a real estate transfer tax to
16 referendum, the corporate authorities shall give public
17 notice of and hold a public hearing on the intent to submit
18 the question to referendum. This hearing may be part of a
19 regularly scheduled meeting of the corporate authorities.
20 The notice shall be published not more than 30 nor less than
21 10 days prior to the hearing in a newspaper of general
22 circulation within the county municipality. The notice shall
23 be published in the following form:
24 Notice of Proposed (Increased) Real Estate Transfer
25 Tax for (commonly known name of county).
26 A public hearing on a resolution to submit to
27 referendum the question of a proposed (increased) real
28 estate transfer tax for (legal name of the county) in an
29 amount of (rate) to be paid by the buyer (seller) of the
30 real estate transferred will be held on (date) at (time)
31 at (location). The current rate of real estate transfer
32 tax imposed by (name of county) is (rate).
33 Any person desiring to appear at the public hearing
34 and present testimony to the taxing district may do so.
HB1269 Engrossed -495- LRB9001000EGfg
1 (c) A notice that includes any information not specified
2 and required by this Section is an invalid notice. All
3 hearings shall be open to the public. At the public hearing,
4 the corporate authorities of the county shall explain the
5 reasons for the proposed or increased real estate transfer
6 tax and shall permit persons desiring to be heard an
7 opportunity to present testimony within reasonable time
8 limits determined by the corporate authorities. A copy of
9 the proposed ordinance shall be made available to the general
10 public for inspection before the public hearing.
11 (d) No home rule county shall impose a new real estate
12 transfer tax after the effective date of this amendatory Act
13 of 1996 without prior approval by referendum. No home rule
14 county shall impose an increase of the rate of a current real
15 estate transfer tax without prior approval by referendum. A
16 home rule county may impose a new real estate transfer tax or
17 may increase an existing real estate transfer tax with prior
18 referendum approval. The referendum shall be conducted as
19 provided in subsection (e).
20 (e) The home rule county shall, by resolution, provide
21 for submission of the proposition to the voters. The home
22 rule county shall certify the resolution and the proposition
23 to the proper election officials in accordance with the
24 general election law. If the proposition is to impose a new
25 real estate transfer tax, it shall be in substantially the
26 following form: "Shall (name of county) impose a real estate
27 transfer tax at a rate of (rate) to be paid by the buyer
28 (seller) of the real estate transferred, with the revenue of
29 the proposed transfer tax to be used for (purpose)?". If the
30 proposition is to increase an existing real estate transfer
31 tax, it shall be in the following form: "Shall (name of
32 county) impose a real estate transfer tax increase of
33 (percent increase) to establish a new real estate transfer
34 tax rate of (rate) to be paid by the buyer (seller) of the
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1 real estate transferred? The current rate of the real estate
2 transfer tax is (rate), and the revenue is used for
3 (purpose). The revenue from the increase is to be used for
4 (purpose).".
5 If a majority of the electors voting on the proposition
6 vote in favor of it, the county may impose or increase the
7 real estate transfer tax.
8 (f) Nothing in this amendatory Act of 1996 shall limit
9 the purposes for which real estate transfer tax revenues may
10 be collected or expended.
11 (g) A home rule county may not impose real estate
12 transfer taxes other than as authorized by this Section. This
13 Section is a denial and limitation of home rule powers and
14 functions under subsection (g) of Section 6 of Article VII of
15 the Illinois Constitution.
16 (Source: P.A. 89-701, eff. 1-17-97; revised 1-27-97.)
17 (55 ILCS 5/5-1095) (from Ch. 34, par. 5-1095)
18 Sec. 5-1095. Community antenna television systems;
19 satellite transmitted television programming.
20 (a) The County Board may license, tax or franchise the
21 business of operating a community antenna television system
22 or systems within the County and outside of a municipality,
23 as defined in Section 1-1-2 of the Illinois Municipal Code.
24 When an area is annexed to a municipality, the annexing
25 municipality shall thereby become the franchising authority
26 with respect to that portion of any community antenna
27 television system that, immediately before annexation, had
28 provided cable television services within the annexed area
29 under a franchise granted by the county, and the owner of
30 that community antenna television system shall thereby be
31 authorized to provide cable television services within the
32 annexed area under the terms and provisions of the existing
33 franchise. In that instance, the franchise shall remain in
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1 effect until, by its terms, it expires, except that any
2 franchise fees payable under the franchise shall be payable
3 only to the county for a period of 5 years or until, by its
4 terms, the franchise expires, whichever occurs first. After
5 the 5 year period, any franchise fees payable under the
6 franchise shall be paid to the annexing municipality. In any
7 instance in which a duly franchised community antenna
8 television system is providing cable television services
9 within the annexing municipality at the time of annexation,
10 the annexing municipality may permit that franchisee to
11 extend its community antenna television system to the annexed
12 area under terms and conditions that are no more burdensome
13 nor less favorable to that franchisee than those imposed
14 under any community antenna television franchise applicable
15 to the annexed area at the time of annexation. The
16 authorization to extend cable television service to the
17 annexed area and any community antenna television system
18 authorized to provide cable television services within the
19 annexed area at the time of annexation shall not be subject
20 to the provisions of subsection (e) of this Section.
21 (b) "Community antenna television system" as used in
22 this Section, means any facility which is constructed in
23 whole or in part in, on, under or over any highway or other
24 public place and which is operated to perform for hire the
25 service of receiving and amplifying the signals broadcast by
26 one or more television stations and redistributing such
27 signals by wire, cable or other means to members of the
28 public who subscribe to such service except that such term
29 does not include (i) any system which serves fewer than 50
30 subscribers or (ii) any system which serves only the
31 residents of one or more apartment dwellings under common
32 ownership, control or management, and commercial
33 establishments located on the premises of such dwellings.
34 (c) The authority hereby granted does not include the
HB1269 Engrossed -498- LRB9001000EGfg
1 authority to license or franchise telephone companies subject
2 to the jurisdiction of the Illinois Commerce Commission or
3 the Federal Communications Commission in connection with
4 furnishing circuits, wires, cables or other facilities to the
5 operator of a community antenna television system.
6 The County Board may, in the course of franchising such
7 community antenna television system, grant to such franchisee
8 the authority and the right and permission to use all public
9 streets, rights of way, alleys, ways for public service
10 facilities, parks, playgrounds, school grounds, or other
11 public grounds, in which such county may have an interest,
12 for the construction, installation, operation, maintenance,
13 alteration, addition, extension or improvement of a community
14 antenna television system.
15 Any charge imposed by a community antenna television
16 system franchised pursuant to this Section for the raising or
17 removal of cables or lines to permit passage on, to or from a
18 street shall not exceed the reasonable costs of work
19 reasonably necessary to safely permit such passage. Pursuant
20 to subsections (h) and (i) of Section 6 of Article VII of the
21 Constitution of the State of Illinois, the General Assembly
22 declares the regulation of charges which may be imposed by
23 community antenna television systems for the raising or
24 removal of cables or lines to permit passage on, to or from
25 streets is a power or function to be exercised exclusively by
26 the State and not to be exercised or performed concurrently
27 with the State by any unit of local government, including any
28 home rule unit.
29 The County Board may, upon written request by the
30 franchisee of a community antenna television system, exercise
31 its right of eminent domain solely for the purpose of
32 granting an easement right no greater than 8 feet in width,
33 extending no greater than 8 feet from any lot line for the
34 purpose of extending cable across any parcel of property in
HB1269 Engrossed -499- LRB9001000EGfg
1 the manner provided for by the law of eminent domain,
2 provided, however, such franchisee deposits with the county
3 sufficient security to pay all costs incurred by the county
4 in the exercise of its right of eminent domain.
5 Except as specifically provided otherwise in this
6 Section, this Section is not a limitation on any home rule
7 county.
8 (d) The General Assembly finds and declares that
9 satellite-transmitted television programming should be
10 available to those who desire to subscribe to such
11 programming and that decoding devices should be obtainable at
12 reasonable prices by those who are unable to obtain
13 satellite-transmitted television programming through duly
14 franchised community antenna television systems.
15 In any instance in which a person is unable to obtain
16 satellite-transmitted television programming through a duly
17 franchised community antenna television system either because
18 the municipality and county in which such person resides has
19 not granted a franchise to operate and maintain a community
20 antenna television system, or because the duly franchised
21 community antenna television system operator does not make
22 cable television services available to such person, any
23 programming company that delivers satellite-transmitted
24 television programming in scrambled or encrypted form shall
25 ensure that devices for decryption of such programming are
26 made available to such person, through the local community
27 antenna television operator or directly, for purchase or
28 lease at prices reasonably related to the cost of manufacture
29 and distribution of such devices.
30 (e) The General Assembly finds and declares that, in
31 order to ensure that community antenna television services
32 are provided in an orderly, competitive and economically
33 sound manner, the best interests of the public will be served
34 by the establishment of certain minimum standards and
HB1269 Engrossed -500- LRB9001000EGfg
1 procedures for the granting of additional cable television
2 franchises.
3 Subject to the provisions of this subsection, the
4 authority granted under subsection (a) hereof shall include
5 the authority to license, franchise and tax more than one
6 cable operator to provide community antenna television
7 services within the territorial limits of a single
8 franchising authority. For purposes of this subsection (e),
9 the term:
10 (i) "Existing cable television franchise" means a
11 community antenna television franchise granted by a
12 county which is in use at the time such county receives
13 an application or request by another cable operator for a
14 franchise to provide cable antenna television services
15 within all or any portion of the territorial area which
16 is or may be served under the existing cable television
17 franchise.
18 (ii) "Additional cable television franchise" means
19 a franchise pursuant to which community antenna
20 television services may be provided within the
21 territorial areas, or any portion thereof, which may be
22 served under an existing cable television franchise.
23 (iii) "Franchising Authority" is defined as that
24 term is defined under Section 602(9) of the Cable
25 Communications Policy Act of 1984, Public Law 98-549.
26 (iv) "Cable operator" is defined as that term is
27 defined under Section 602(4) of the Cable Communications
28 Policy Act of 1984, Public Law 98-549.
29 Before granting an additional cable television franchise,
30 the franchising authority shall:
31 (1) Give written notice to the owner or
32 operator of any other community antenna television
33 system franchised to serve all or any portion of the
34 territorial area to be served by such additional
HB1269 Engrossed -501- LRB9001000EGfg
1 cable television franchise, identifying the
2 applicant for such additional franchise and
3 specifying the date, time and place at which the
4 franchising authority shall conduct public hearings
5 to consider and determine whether such additional
6 cable television franchise should be granted.
7 (2) Conduct a public hearing to determine the
8 public need for such additional cable television
9 franchise, the capacity of public rights-of-way to
10 accommodate such additional community antenna
11 television services, the potential disruption to
12 existing users of public rights-of-way to be used by
13 such additional franchise applicant to complete
14 construction and to provide cable television
15 services within the proposed franchise area, the
16 long term economic impact of such additional cable
17 television system within the community, and such
18 other factors as the franchising authority shall
19 deem appropriate.
20 (3) Determine, based upon the foregoing
21 factors, whether it is in the best interest of the
22 county municipality to grant such additional cable
23 television franchise.
24 If the franchising authority shall determine that it is
25 in the best interest of the county municipality to do so, it
26 may grant the additional cable television franchise, provided
27 that no such additional cable television franchise shall be
28 granted under terms or conditions more favorable or less
29 burdensome to the applicant than those required under the
30 existing cable television franchise, including but not
31 limited to terms and conditions pertaining to the territorial
32 extent of the franchise, system design, technical performance
33 standards, construction schedules, performance bonds,
34 standards for construction and installation of cable
HB1269 Engrossed -502- LRB9001000EGfg
1 television facilities, service to subscribers, public
2 educational and governmental access channels and programming,
3 production assistance, liability and indemnification, and
4 franchise fees.
5 No county shall be subject to suit for damages based upon
6 the refusal to grant an additional cable television
7 franchise, provided that a public hearing as herein provided
8 has been held and the franchising authority has determined
9 that it is not in the best interest of the county to grant
10 such additional franchise.
11 It is declared to be the law of this State, pursuant to
12 paragraphs (h) and (i) of Section 6 of Article VII of the
13 Illinois Constitution, that the establishment of minimum
14 standards and procedures for the granting of additional cable
15 television franchises as provided in this subsection (e) is
16 an exclusive State power and function that may not be
17 exercised concurrently by a home rule unit.
18 (Source: P.A. 86-962; 86-1410; revised 1-27-97.)
19 (55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
20 Sec. 5-12003. Special flood hazard areas. In those areas
21 within the territory of a county with a population in excess
22 of 500,000 and fewer than 3 million inhabitants, and outside
23 any city, village or incorporated town, which are identified
24 as "Special Flood Hazard Areas" under the terms and
25 provisions of any ordinance adopted under this Division, the
26 unauthorized excavation or filling of such an area by any
27 person shall cause the county board to apply to the circuit
28 court in that county for an order to remove the fill and
29 restore the parcel to its natural elevation in order to
30 lessen or avoid the imminent threat to the public health,
31 safety or welfare and damage to property resulting from the
32 accumulation or run-off of storm or flood waters. Where,
33 upon diligent search, the identity or whereabouts of the
HB1269 Engrossed -503- LRB9001000EGfg
1 owner of any such parcel, including lien holders of record,
2 are not ascertainable, notice mailed to the person in whose
3 name such real estate was last assessed for taxes, as shown
4 by the county collector's books, constitutes sufficient
5 notice under this Section. The hearing upon such application
6 to the circuit court shall be expedited by the court and
7 given precedence over all other suits. The cost of removal
8 or restoration incurred by the county board is recoverable
9 from the owner of such real estate and is a lien thereon,
10 which lien is superior to all prior existing liens and
11 encumbrances, except taxes; provided that within 60 days
12 after such removal of fill or restoration of the parcel to
13 its natural elevation, the county board shall file notice of
14 or lien for such cost and expense incurred in the office of
15 the recorder of the county. The notice must consist of a
16 sworn statement setting out (1) a description of the real
17 estate sufficient for identification thereof, (2) the amount
18 of money representing the cost and expense incurred, and (3)
19 the date on which the cost was incurred by the county. Upon
20 payment of the costs and expenses by the owner or persons
21 interested in the property, the lien shall be released by the
22 county in whose name the lien has been filed and the release
23 may be filed of record. The lien may be enforced by
24 proceedings of foreclosure as in the case of mortgages or
25 mechanics' liens, which action must be commenced within 3
26 years after the date of filing notice of lien.
27 (Source: P.A. 86-962; revised 2-7-97.)
28 Section 3-65. The Illinois Municipal Code is amended by
29 changing Section 7-1-1.1 as follows:
30 (65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
31 Sec. 7-1-1.1. Elector. For the purposes of this Division
32 1, "elector" means anyone registered to vote.
HB1269 Engrossed -504- LRB9001000EGfg
1 (Source: Laws 1965, p. 959; revised 5-17-96.)
2 Section 3-70. The School Code is amended by changing
3 Section 9-12 as follows:
4 (105 ILCS 5/9-12) (from Ch. 122, par. 9-12)
5 Sec. 9-12. Ballots for the election of school officers
6 shall be in one of the following forms:
7 (FORMAT 1
8 Ballot position for candidates shall be determined by the
9 order of petition filing or lottery held pursuant to Section
10 9-11.1.
11 This format is used by Boards of School Directors.
12 School Directors are elected at large.)
13 OFFICIAL BALLOT
14 FOR MEMBERS OF THE BOARD OF SCHOOL
15 DIRECTORS TO SERVE A FULL 4-YEAR TERM
16 VOTE FOR ....
17 ( ) ........................................
18 ( ) ........................................
19 ( ) ........................................
20 FOR MEMBERS OF THE BOARD OF SCHOOL
21 DIRECTORS TO SERVE AN UNEXPIRED 2-YEAR TERM
22 VOTE FOR ....
23 ( ) .......................................
24 ( ) .......................................
25 ( ) .......................................
26 (FORMAT 2
27 Ballot position for candidates shall be determined by the
28 order of petition filing or lottery held pursuant to Section
29 9-11.1.
30 This format is used when school board members are elected
31 at large. Membership on the school board is not restricted
HB1269 Engrossed -505- LRB9001000EGfg
1 by area of residence.
2 Types of school districts generally using this format
3 are:
4 Common school districts;
5 Community unit and community consolidated school
6 districts formed on or after January 1, 1975;
7 Community unit school districts formed prior to January
8 1, 1975 that elect board members at large and without
9 restriction by area of residence within the district under
10 subsection (c) of Section 11A-8;
11 Community unit, community consolidated and combined
12 school districts in which more than 90% of the population is
13 in one congressional township;
14 High school districts in which less than 15% of the
15 taxable property is located in unincorporated territory; and
16 unit districts (OLD TYPE);
17 Combined school districts formed on or after July 1,
18 1983;.)
19 Combined school districts formed before July 1, 1983 and
20 community consolidated school districts that elect board
21 members at large and without restriction by area of residence
22 within the district under subsection (c) of Section 11B-7.)
23 OFFICIAL BALLOT
24 FOR MEMBERS OF THE BOARD OF
25 EDUCATION TO SERVE A FULL 4-YEAR TERM
26 VOTE FOR ....
27 ( ) .......................................
28 ( ) .......................................
29 ( ) .......................................
30 FOR MEMBERS OF THE BOARD OF
31 EDUCATION TO SERVE AN UNEXPIRED 2-YEAR TERM
32 VOTE FOR ....
33 ( ) .......................................
34 ( ) .......................................
HB1269 Engrossed -506- LRB9001000EGfg
1 ( ) .......................................
2 (FORMAT 3
3 Ballot position for incorporated and unincorporated areas
4 shall be determined by the order of petition filing or
5 lottery held pursuant to Sections 9-11.1 and 9-11.2.
6 This format is used by community unit, community
7 consolidated and combined school districts when the territory
8 is less than 2 congressional townships, or 72 square miles,
9 but consists of more than one congressional township, or 36
10 square miles, outside of the corporate limits of any city,
11 village or incorporated town within the school district. The
12 School Code requires that not more than 5 board members shall
13 be selected from any city, village or incorporated town in
14 the school district. At least two board members must reside
15 in the unincorporated area of the school district.
16 Except for those community unit school districts formed
17 before January 1, 1975 that elect board members at large and
18 without restriction by area of residence within the district
19 under subsection (c) of Section 11A-8 and except for combined
20 school districts formed before July 1, 1983 and community
21 consolidated school districts that elect board members at
22 large and without restriction by area of residence within the
23 district under subsection (c) of Section 11B-7, this format
24 applies to community unit and community consolidated school
25 districts formed prior to January 1, 1975 and combined school
26 districts formed prior to July 1, 1983.)
27 OFFICIAL BALLOT
28 Instructions to voter: The board of education shall be
29 composed of members from both the incorporated and the
30 unincorporated area; not more than 5 board members shall be
31 selected from any city, village or incorporated town.
32 On the basis of existing board membership, not more than
33 .... may be elected from the incorporated areas.
34 FOR MEMBERS OF THE BOARD OF EDUCATION
HB1269 Engrossed -507- LRB9001000EGfg
1 TO SERVE A FULL 4-YEAR TERM
2 VOTE FOR ....
3 ................... Area
4 ( ) ...........................
5 ( ) ...........................
6 ................... Area
7 ( ) ...........................
8 ( ) ...........................
9 FOR MEMBERS OF THE BOARD OF EDUCATION
10 TO SERVE AN UNEXPIRED 2-YEAR TERM
11 VOTE FOR ....
12 ................... Area
13 ( ) ...........................
14 ( ) ...........................
15 ................... Area
16 ( ) ...........................
17 ( ) ...........................
18 (FORMAT 4
19 Ballot position for township areas shall be determined by
20 the order of petition filing or lottery held pursuant to
21 Sections 9-11.1 and 9-11.2.
22 Except for those community unit school districts formed
23 prior to January 1, 1975 that elect board members at large
24 and without restriction by area of residence within the
25 district under subsection (c) of Section 11A-8 and except for
26 those combined school districts formed before July 1, 1983
27 and community consolidated school districts that elect board
28 members at large and without restriction by area of residence
29 within the district under subsection (c) of Section 11B-7,
30 this format applies to community unit and community
31 consolidated school districts formed prior to January 1, 1975
32 and combined school districts formed prior to July 1, 1983
33 when the territory of the school district is greater than 2
34 congressional townships, or 72 square miles. This format
HB1269 Engrossed -508- LRB9001000EGfg
1 applies only when less than 75% of the population is in one
2 congressional township. Congressional townships of less than
3 100 inhabitants shall not be considered for the purpose of
4 such mandatory board representation. In this case, not more
5 than 3 board members may be selected from any one
6 congressional township.)
7 OFFICIAL BALLOT
8 Instructions to voter: Membership on the board of
9 education is restricted to a maximum of 3 members from any
10 congressional township. On the basis of existing board
11 membership, members may be elected in the following numbers
12 from each congressional township.
13 Not more than .... may be elected from Township ....
14 Range ....
15 Not more than .... may be elected from Township ....
16 Range ....
17 Not more than .... may be elected from Township ....
18 Range ....
19 (Include each remaining congressional township in
20 district as needed)
21 FOR MEMBERS OF THE BOARD OF
22 EDUCATION TO SERVE A FULL 4-YEAR TERM
23 VOTE FOR ....
24 Township .............. Range ................
25 ( ) ............................
26 ( ) ............................
27 Township .............. Range ................
28 ( ) ............................
29 ( ) ............................
30 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
31 AN UNEXPIRED 2-YEAR TERM
32 VOTE FOR ....
33 Township .............. Range ................
34 ( ) ............................
HB1269 Engrossed -509- LRB9001000EGfg
1 ( ) ............................
2 Township .............. Range ................
3 ( ) ............................
4 ( ) ............................
5 (FORMAT 5
6 Ballot position for township areas shall be determined by
7 the order of petition filing or lottery held pursuant to
8 Sections 9-11.1 and 9-11.2.
9 Except for those community unit school districts formed
10 before January 1, 1975 that elect board members at large and
11 without restriction by area of residence within the district
12 under subsection (c) of Section 11A-8 and except for those
13 combined school districts formed before July 1, 1983 and
14 community consolidated school districts that elect board
15 members at large and without restriction by area of residence
16 within the district under subsection (c) of Section 11B-7,
17 this format is used by community unit and community
18 consolidated school districts formed prior to January 1,
19 1975, and combined school districts formed prior to July 1,
20 1983, when the territory of the school district is greater
21 than 2 congressional townships, or 72 square miles and when
22 at least 75%, but not more than 90%, of the population
23 resides in one congressional township. In this case, 4
24 school board members shall be selected from that one
25 congressional township and the 3 remaining board members
26 shall be selected from the rest of the district. If a school
27 district from which school board members are to be selected
28 is located in a county under township organization and if the
29 surveyed boundaries of a congressional township from which
30 one or more of those school board members is to be selected,
31 as described by township number and range, are coterminous
32 with the boundaries of the township as identified by the
33 township name assigned to it as a political subdivision of
34 the State, then that township may be referred to on the
HB1269 Engrossed -510- LRB9001000EGfg
1 ballot by both its township name and by township number and
2 range.)
3 OFFICIAL BALLOT
4 Instructions to voter: Membership on the board of
5 education is to consist of 4 members from the congressional
6 township that has at least 75% but not more than 90% of the
7 population, and 3 board members from the remaining
8 congressional townships in the school district. On the basis
9 of existing board membership, members may be elected in the
10 following numbers from each congressional township.
11 FOR MEMBER OF THE BOARD OF EDUCATION
12 TO SERVE AN UNEXPIRED 2-YEAR TERM
13 FROM (name)........ TOWNSHIP ..... RANGE .....
14 VOTE FOR ONE
15 ( )..........................
16 ( )..........................
17 FOR MEMBERS OF THE BOARD OF EDUCATION
18 TO SERVE A FULL 4-YEAR TERM;
19 VOTE FOR ....
20 ..... shall be elected from (name)...... Township .....
21 Range .....; ...... board members shall be elected from the
22 remaining congressional townships.
23 (name)....... TOWNSHIP ..... RANGE .....
24 ( ) ............................
25 ( ) ............................
26 The Remaining Congressional Townships
27 ( ) ............................
28 ( ) ............................
29 (FORMAT 6
30 Ballot position for candidates shall be determined by the
31 order of petition filing or lottery held pursuant to Section
32 9-11.1.
33 This format is used by school districts in which voters
34 have approved a referendum to elect school board members by
HB1269 Engrossed -511- LRB9001000EGfg
1 school board district. The school district is then divided
2 into 7 school board districts, each of which elects one
3 member to the board of education.)
4 OFFICIAL BALLOT
5 DISTRICT ....... (1 through 7)
6 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
7 A FULL 4-YEAR TERM
8 VOTE FOR ONE
9 ( ) .....................................
10 ( ) .....................................
11 ( ) .....................................
12 (-OR-)
13 OFFICIAL BALLOT
14 DISTRICT ....... (1 through 7)
15 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
16 AN UNEXPIRED 2-YEAR TERM
17 VOTE FOR ONE
18 ( ) .....................................
19 ( ) .....................................
20 ( ) .....................................
21 REVERSE SIDE:
22 OFFICIAL BALLOT
23 DISTRICT ....... (1 through 7)
24 (Precinct name or number)
25 School District No. ......, ........... County, Illinois
26 Election Tuesday ..................., 19......
27 (facsimile signature of Election Authority)
28 (County)
29 (FORMAT 7
30 Ballot position for incorporated and unincorporated areas
31 shall be determined by the order of petition filing or
32 lottery held pursuant to Sections 9-11.1 and 9-11.2.
33 This format is used by high school districts if more than
34 15% but less than 30% of the taxable property is located in
HB1269 Engrossed -512- LRB9001000EGfg
1 the unincorporated territory of the school district. In this
2 case, at least one board member shall be a resident of the
3 unincorporated territory.)
4 OFFICIAL BALLOT
5 Instructions to voter: More than 15% but less than 30% of
6 the taxable property of this high school district is located
7 in the unincorporated territory of the district, therefore,
8 at least one board member shall be a resident of the
9 unincorporated areas.
10 On the basis of existing board membership, at least one
11 member shall be elected from the unincorporated area.
12 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
13 A FULL 4-YEAR TERM
14 VOTE FOR ....
15 ................... Area
16 ( ) ...........................
17 ( ) ...........................
18 ................... Area
19 ( ) ...........................
20 ( ) ...........................
21 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
22 AN UNEXPIRED 2-YEAR TERM
23 VOTE FOR ....
24 ................... Area
25 ( ) ...........................
26 ( ) ...........................
27 ................... Area
28 ( ) ...........................
29 ( ) ...........................
30 (FORMAT 7a
31 Ballot position for candidates shall be determined by the
32 order of petition filing or lottery held pursuant to Sections
33 9-11.1 and 9-11.2.
34 This format is used by high school districts if more than
HB1269 Engrossed -513- LRB9001000EGfg
1 15% but less than 30% of the taxable property is located in
2 the unincorporated territory of the school district and on
3 the basis of existing board membership no board member is
4 required to be elected from the unincorporated area.)
5 OFFICIAL BALLOT
6 Instruction to voter: More than 15% but less than 30% of
7 the taxable property of this high school district is located
8 in the unincorporated territory of the district, therefore,
9 at least one board member shall be a resident of the
10 unincorporated areas.
11 On the basis of existing board membership, members may be
12 elected from any area or areas.
13 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
14 A FULL 4-YEAR TERM
15 VOTE FOR ....
16 ( ) ........................................
17 ( ) ........................................
18 ( ) ........................................
19 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
20 AN UNEXPIRED 2-YEAR TERM
21 VOTE FOR ....
22 ( ) ........................................
23 ( ) ........................................
24 ( ) ........................................
25 (FORMAT 8
26 Ballot position for incorporated and unincorporated areas
27 shall be determined by the order of petition filing or
28 lottery held pursuant to Sections 9-11.1 and 9-11.2.
29 This format is used by high school districts if more than
30 30% of the taxable property is located in the unincorporated
31 territory of the school district. In this case, at least two
32 board members shall be residents of the unincorporated
33 territory.)
34 OFFICIAL BALLOT
HB1269 Engrossed -514- LRB9001000EGfg
1 Instructions to voters: Thirty percent (30%) or more of
2 the taxable property of this high school district is located
3 in the unincorporated territory of the district, therefore,
4 at least two board members shall be residents of the
5 unincorporated territory.
6 On the basis of existing board membership at least 2
7 members shall be elected from the unincorporated area.
8 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
9 A FULL 4-YEAR TERM
10 VOTE FOR ....
11 ................... Area
12 ( ) ...........................
13 ( ) ...........................
14 ................... Area
15 ( ) ...........................
16 ( ) ...........................
17 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
18 AN UNEXPIRED 2-YEAR TERM
19 VOTE FOR ....
20 ................... Area
21 ( ) ...........................
22 ( ) ...........................
23 ................... Area
24 ( ) ...........................
25 ( ) ...........................
26 (FORMAT 8a
27 Ballot position for incorporated and unincorporated areas
28 shall be determined by the order of petition filing or
29 lottery held pursuant to Sections 9-11.1 and 9-11.2.
30 This format is used by high school districts if more than
31 30% of the taxable property is located in the unincorporated
32 territory of the school district. In this case, at least two
33 board members shall be residents of the unincorporated
34 territory.)
HB1269 Engrossed -515- LRB9001000EGfg
1 OFFICIAL BALLOT
2 Instructions to voters: Thirty percent (30%) or more of
3 the taxable property of this high school district is located
4 in the unincorporated territory of the district, therefore,
5 at least two board members shall be residents of the
6 unincorporated territory.
7 On the basis of existing board membership at least one
8 member shall be elected from the unincorporated area.
9 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
10 A FULL 4-YEAR TERM
11 VOTE FOR ....
12 ................... Area
13 ( ) ...........................
14 ( ) ...........................
15 ................... Area
16 ( ) ...........................
17 ( ) ...........................
18 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
19 AN UNEXPIRED 2-YEAR TERM
20 VOTE FOR ....
21 ................... Area
22 ( ) ...........................
23 ( ) ...........................
24 ................... Area
25 ( ) ...........................
26 ( ) ...........................
27 (FORMAT 8b
28 Ballot position for incorporated and unincorporated areas
29 shall be determined by the order of petition filing or
30 lottery held pursuant to Sections 9-11.1 and 9-11.2.
31 This format is used by high school districts if more than
32 30% of the taxable property is located in the unincorporated
33 territory of the school district. In this case, at least two
34 board members shall be residents of the unincorporated
HB1269 Engrossed -516- LRB9001000EGfg
1 territory.)
2 OFFICIAL BALLOT
3 Instructions to voters: Thirty percent (30%) or more of
4 the taxable property of this high school district is located
5 in the unincorporated territory of the district, therefore,
6 at least two board members shall be residents of the
7 unincorporated territory.
8 On the basis of existing board membership, members may be
9 elected from any area or areas.
10 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
11 A FULL 4-YEAR TERM
12 VOTE FOR ....
13 ( ) ...........................
14 ( ) ...........................
15 ( ) ...........................
16 ( ) ...........................
17 FOR MEMBERS OF THE BOARD OF EDUCATION TO SERVE
18 AN UNEXPIRED 2-YEAR TERM
19 VOTE FOR ....
20 ( ) ...........................
21 ( ) ...........................
22 ( ) ...........................
23 ( ) ...........................
24 (Source: P.A. 89-129, eff. 7-14-95; 89-416, eff. 11-22-95;
25 89-579, eff. 7-30-96; revised 10-24-96.)
26 Section 3-75. The Public Community College Act is
27 amended by changing Section 6-4 as follows:
28 (110 ILCS 805/6-4) (from Ch. 122, par. 106-4)
29 Sec. 6-4. Variable rates and fees. Any community
30 college district, by resolution of the board, may establish
31 variable tuition rates and fees for students attending its
32 college in an amount not to exceed 1/3 of the per capita cost
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1 as defined in Section 6-2, provided that voluntary
2 contributions, as defined in Section 65 of the Higher
3 Education Student Assistance the Matching Grants for
4 Scolarships Act, shall not be included in any calculation of
5 community college tuition and fee rates for the purpose of
6 this Section.
7 (Source: P.A. 86-1445; 87-435; revised 2-17-97.)
8 Section 3-80. The Hospital Licensing Act is amended by
9 changing Section 10.4 as follows:
10 (210 ILCS 85/10.4) (from Ch. 111 1/2, par. 151.4)
11 Sec. 10.4. Medical staff privileges.
12 (a) Any hospital licensed under this Act or any hospital
13 organized under the University of Illinois Hospital Act
14 shall, prior to the granting of any medical staff privileges
15 to an applicant, or renewing a current medical staff member's
16 privileges, request of the Director of Professional
17 Regulation information concerning the licensure status and
18 any disciplinary action taken against the applicant's or
19 medical staff member's license, except for medical personnel
20 who enter a hospital to obtain organs and tissues for
21 transplant from a deceased donor in accordance with the
22 Uniform Anatomical Gift Act. The Director of Professional
23 Regulation shall transmit, in writing and in a timely
24 fashion, such information regarding the license of the
25 applicant or the medical staff member, including the record
26 of imposition of any periods of supervision or monitoring as
27 a result of alcohol or substance abuse, as provided by
28 Section 23 1-21 of the "Medical Practice Act of 1987", and
29 such information as may have been submitted to the Department
30 indicating that the application or medical staff member has
31 been denied, or has surrendered, medical staff privileges at
32 a hospital licensed under this Act, or any equivalent
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1 facility in another state or territory of the United States.
2 The Director of Professional Regulation shall define by rule
3 the period for timely response to such requests.
4 No transmittal of information by the Director of
5 Professional Regulation, under this Section shall be to other
6 than the president, chief operating officer, chief
7 administrative officer, or chief of the medical staff of a
8 hospital licensed under this Act, a hospital organized under
9 the University of Illinois Hospital Act, or a hospital
10 operated by the United States, or any of its
11 instrumentalities. The information so transmitted shall be
12 afforded the same status as is information concerning medical
13 studies by Part 21 of Article VIII of the Code of Civil
14 Procedure, as now or hereafter amended.
15 (b) All hospitals licensed under this Act, except county
16 hospitals as defined in subsection (c) of Section 15-1 of the
17 Illinois Public Aid Code, shall comply with, and the medical
18 staff bylaws of these hospitals shall include rules
19 consistent with, the provisions of this Section in granting,
20 limiting, renewing, or denying medical staff membership and
21 clinic staff privileges.
22 (1) Minimum procedures for initial applicants for
23 medical staff membership shall include the following:
24 (A) Written procedures relating to the
25 acceptance and processing of initial applicants for
26 medical staff membership.
27 (B) Written procedures to be followed in
28 determining an applicant's qualifications for being
29 granted medical staff membership and privileges.
30 (C) Written criteria to be followed in
31 evaluating an applicant's qualifications.
32 (D) An evaluation of an applicant's current
33 health status and current license status in
34 Illinois.
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1 (E) A written response to each applicant that
2 explains the reason or reasons for any adverse
3 decision (including all reasons based in whole or in
4 part on the applicant's medical qualifications or
5 any other basis, including economic factors).
6 (2) Minimum procedures with respect to medical
7 staff and clinical privilege determinations concerning
8 current members of the medical staff shall include the
9 following:
10 (A) A written notice of an adverse decision by
11 the hospital governing board.
12 (B) An explanation of the reasons for an
13 adverse decision including all reasons based on the
14 quality of medical care or any other basis,
15 including economic factors.
16 (C) A statement of the medical staff member's
17 right to request a fair hearing on the adverse
18 decision before a hearing panel whose membership is
19 mutually agreed upon by the medical staff and the
20 hospital governing board. The hearing panel shall
21 have independent authority to recommend action to
22 the hospital governing board. Upon the request of
23 the medical staff member or the hospital governing
24 board, the hearing panel shall make findings
25 concerning the nature of each basis for any adverse
26 decision recommended to and accepted by the hospital
27 governing board.
28 (i) Nothing in this subparagraph (C)
29 limits a hospital's or medical staff's right to
30 summarily suspend, without a prior hearing, a
31 person's medical staff membership or clinical
32 privileges if the continuation of practice of a
33 medical staff member constitutes an immediate
34 danger to the public, including patients,
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1 visitors, and hospital employees and staff. A
2 fair hearing shall be commenced within 15 days
3 after the suspension and completed without
4 delay.
5 (ii) Nothing in this subparagraph (C)
6 limits a medical staff's right to permit, in
7 the medical staff bylaws, summary suspension of
8 membership or clinical privileges in designated
9 administrative circumstances as specifically
10 approved by the medical staff. This bylaw
11 provision must specifically describe both the
12 administrative circumstance that can result in
13 a summary suspension and the length of the
14 summary suspension. The opportunity for a fair
15 hearing is required for any administrative
16 summary suspension. Any requested hearing must
17 be commenced within 15 days after the summary
18 suspension and completed without delay. Adverse
19 decisions other than suspension or other
20 restrictions on the treatment or admission of
21 patients may be imposed summarily and without a
22 hearing under designated administrative
23 circumstances as specifically provided for in
24 the medical staff bylaws as approved by the
25 medical staff.
26 (iii) If a hospital exercises its option
27 to enter into an exclusive contract and that
28 contract results in the total or partial
29 termination or reduction of medical staff
30 membership or clinical privileges of a current
31 medical staff member, the hospital shall
32 provide the affected medical staff member 60
33 days prior notice of the effect on his or her
34 medical staff membership or privileges. An
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1 affected medical staff member desiring a
2 hearing under subparagraph (C) of this
3 paragraph (2) must request the hearing within
4 14 days after the date he or she is so
5 notified. The requested hearing shall be
6 commenced and completed (with a report and
7 recommendation to the affected medical staff
8 member, hospital governing board, and medical
9 staff) within 30 days after the date of the
10 medical staff member's request. If agreed upon
11 by both the medical staff and the hospital
12 governing board, the medical staff bylaws may
13 provide for longer time periods.
14 (D) A statement of the member's right to
15 inspect all pertinent information in the hospital's
16 possession with respect to the decision.
17 (E) A statement of the member's right to
18 present witnesses and other evidence at the hearing
19 on the decision.
20 (F) A written notice and written explanation
21 of the decision resulting from the hearing.
22 (G) Notice given 15 days before implementation
23 of an adverse medical staff membership or clinical
24 privileges decision based substantially on economic
25 factors. This notice shall be given after the
26 medical staff member exhausts all applicable
27 procedures under this Section, including item (iii)
28 of subparagraph (C) of this paragraph (2), and under
29 the medical staff bylaws in order to allow
30 sufficient time for the orderly provision of patient
31 care.
32 (H) Nothing in this paragraph (2) of this
33 subsection (b) limits a medical staff member's right
34 to waive, in writing, the rights provided in
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1 subparagraphs (A) through (G) of this paragraph (2)
2 of this subsection (b) upon being granted the
3 written exclusive right to provide particular
4 services at a hospital, either individually or as a
5 member of a group. If an exclusive contract is
6 signed by a representative of a group of physicians,
7 a waiver contained in the contract shall apply to
8 all members of the group unless stated otherwise in
9 the contract.
10 (3) Every adverse medical staff membership and
11 clinical privilege decision based substantially on
12 economic factors shall be reported to the Hospital
13 Licensing Board before the decision takes effect. These
14 reports shall not be disclosed in any form that reveals
15 the identity of any hospital or physician. These reports
16 shall be utilized to study the effects that hospital
17 medical staff membership and clinical privilege decisions
18 based upon economic factors have on access to care and
19 the availability of physician services. The Hospital
20 Licensing Board shall submit an initial study to the
21 Governor and the General Assembly by January 1, 1996, and
22 subsequent reports shall be submitted periodically
23 thereafter.
24 (4) As used in this Section:
25 "Adverse decision" means a decision reducing,
26 restricting, suspending, revoking, denying, or not
27 renewing medical staff membership or clinical privileges.
28 "Economic factor" means any information or reasons
29 for decisions unrelated to quality of care or
30 professional competency.
31 (Source: P.A. 88-654, eff. 1-1-95; revised 2-11-97.)
32 Section 3-85. The Illinois Insurance Code is amended by
33 changing Section 370b as follows:
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1 (215 ILCS 5/370b) (from Ch. 73, par. 982b)
2 Sec. 370b. Reimbursement on equal basis. Notwithstanding
3 any provision of any individual or group policy of accident
4 and health insurance, or any provision of a policy, contract,
5 plan or agreement for hospital or medical service or
6 indemnity, wherever such policy, contract, plan or agreement
7 provides for reimbursement for any service provided by
8 persons licensed under the Illinois Medical Practice Act of
9 1987, or the Podiatric Medical Practice Act of 1987, the
10 person entitled to benefits or person performing services
11 under such policy, contract, plan or agreement is entitled to
12 reimbursement on an equal basis for such service, when the
13 said service is performed by a person licensed under the
14 Illinois Medical Practice Act of 1987 or the Podiatric
15 Medical Practice Act of 1987. The provisions of this Section
16 do not apply to any policy, contract, plan or agreement in
17 effect prior to September 19, 1969 or to preferred provider
18 arrangements or benefit agreements.
19 (Source: P.A. 88-670, eff. 12-2-94; revised 2-11-97.)
20 Section 3-90. The Health Maintenance Organization Act is
21 amended by changing Section 4-6.4 as follows:
22 (215 ILCS 125/4-6.4)
23 Sec. 4-6.4. Post-parturition care. A health maintenance
24 organization is subject to the provisions of Section 356s
25 356r of the Illinois Insurance Code.
26 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
27 Section 3-95. The Voluntary Health Services Plans Act is
28 amended by changing Section 15.20 as follows:
29 (215 ILCS 165/15.20)
30 Sec. 15.20. Post-parturition care. A health service
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1 plan corporation is subject to the provisions of Section 356s
2 356r of the Illinois Insurance Code.
3 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
4 Section 3-100. The Environmental Health Practitioner
5 Licensing Act is amended by changing Section 26 as follows:
6 (225 ILCS 37/26)
7 Sec. 26. Examination for registration as an
8 environmental health practitioner.
9 (a) Beginning June 30, On or after the effective date of
10 this amendatory Act of 1995, only persons who meet the
11 educational and experience requirements of Section 20 and who
12 pass the examination authorized by the Department shall be
13 licensed. Persons who meet the requirements of subsection
14 (b) of Section 21 or Section 30 shall not be required to take
15 and pass the examination.
16 (b) Applicants for examination as environmental health
17 practitioners shall be required to pay, either to the
18 Department or the designated testing service, a fee covering
19 the cost of providing the examination.
20 (Source: P.A. 89-61, eff. 6-30-95; 89-706, eff. 1-31-97;
21 revised 2-7-97.)
22 Section 3-105. The Podiatric Medical Practice Act of
23 1987 is amended by changing Sections 3, 24, and 26 as
24 follows:
25 (225 ILCS 100/3) (from Ch. 111, par. 4803)
26 Sec. 3. Exceptions. This Act does not prohibit:
27 (A) A. any person licensed to practice medicine and
28 surgery in all of its branches in this State under the
29 Medical Practice Act of 1987 from engaging in the
30 practice for which he is licensed;
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1 (B) B. the practice of podiatric medicine by a
2 person who is employed by the United States government or
3 any bureau, division or agency thereof while in the
4 discharge of the employee's official duties;
5 (C) C. the practice of podiatric medicine which is
6 included in their program of study by students enrolled
7 in any approved college of podiatric medicine or in
8 refresher courses approved by the Department;
9 (D) D. the practice of podiatric medicine by one
10 who has applied in writing to the Department, in form and
11 substance satisfactory to the Department, for a license
12 as a podiatric physician and has complied with all the
13 provisions under Section 9 of this Act, except the
14 passing of an examination to be eligible to receive such
15 license, until the decision of the Department that the
16 applicant has failed to pass the next available
17 examination authorized by the Department or has failed to
18 take the next available examination authorized by the
19 Department, or the withdrawal of the application;
20 (E) E. the practice of podiatric medicine by one
21 who is a podiatric physician under the laws of another
22 state, territory of the United States or country as
23 described in Section 18 of this Act, and has applied in
24 writing to the Department, in form and substance
25 satisfactory to the Department, for a license as a
26 podiatric physician and who is qualified to receive such
27 license under Section 13 or Section 9, until:
28 (1) the expiration of 6 months after the
29 filing of such written application, or
30 (2) the withdrawal of such application, or
31 (3) the denial of such application by the
32 Department;
33 (F) F. the provision of emergency care without fee
34 by a podiatric physician assisting in an emergency as
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1 provided in Section 4.
2 An applicant for a license to practice podiatric
3 medicine, practicing under the exceptions set forth in
4 paragraphs (D) and (E) D or E, may use the title podiatric
5 physician, podiatrist, doctor of podiatric medicine, or
6 chiropodist as set forth in Section 5 of this Act.
7 (Source: P.A. 85-918; revised 2-11-97.)
8 (225 ILCS 100/24) (from Ch. 111, par. 4824)
9 Sec. 24. Refusal to issue or suspension or revocation of
10 license - Grounds. The Department may refuse to issue, may
11 refuse to renew, may refuse to restore, may suspend, or may
12 revoke any license, or may place on probation, censure,
13 reprimand or take other disciplinary action as the Department
14 may deem proper, including fines not to exceed $2,500 or
15 impose a fine for each violation upon anyone licensed under
16 this Act for any of the following reasons:
17 1. Material misstatement in furnishing information to
18 the Department;
19 2. Violations of this Act, or of the rules or
20 regulations promulgated hereunder;
21 3. Conviction of any crime under the laws of any United
22 States jurisdiction which is a felony or which is a
23 misdemeanor, an essential element of which is dishonesty, or
24 of any crime which is directly related to the practice of the
25 profession;
26 4. Making any misrepresentation for the purpose of
27 obtaining licenses, or violating any provision of this Act or
28 the rules promulgated thereunder pertaining to advertising;
29 5. Professional incompetence;
30 6. Gross or repeated malpractice;
31 7. Aiding or assisting another person in violating any
32 provision of this Act or rules;
33 8. Failing, within 60 days, to provide information in
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1 response to a written request made by the Department;
2 9. Engaging in dishonorable, unethical or unprofessional
3 conduct of a character likely to deceive, defraud or harm the
4 public;
5 10. Habitual or excessive use of alcohol, narcotics,
6 stimulants or other chemical agent or drug which results in
7 the inability to practice podiatric medicine with reasonable
8 judgment, skill or safety;
9 11. Discipline by another United States jurisdiction if
10 at least one of the grounds for the discipline is the same or
11 substantially equivalent to those set forth herein;
12 12. Directly or indirectly giving to or receiving from
13 any person, firm, corporation, partnership or association any
14 fee, commission, rebate or other form of compensation for any
15 professional services not actually or personally rendered.
16 This shall not be deemed to include rent or other
17 remunerations paid to an individual, partnership, or
18 corporation, by a licensee, for the lease, rental or use of
19 space, owned or controlled, by the individual, partnership or
20 corporation;
21 13. A finding by the Podiatric Medical Licensing Board
22 that the licensee, after having his license placed on
23 probationary status, has violated the terms of probation;
24 14. Abandonment of a patient;
25 15. Willfully making or filing false records or reports
26 in his practice, including but not limited to false records
27 filed with state agencies or departments;
28 16. Willfully failing to report an instance of suspected
29 child abuse or neglect as required by the Abused and
30 Neglected Child Report Act;
31 17. Physical illness, including but not limited to,
32 deterioration through the aging process, or loss of motor
33 skill which results in the inability to practice the
34 profession with reasonable judgment, skill or safety;
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1 18. Solicitation of professional services other than
2 permitted advertising;
3 19. The determination by a circuit court that a licensed
4 podiatric physician is subject to involuntary admission or
5 judicial admission as provided in the Mental Health and
6 Developmental Disabilities Code operates as an automatic
7 suspension; such suspension will end only upon a finding by a
8 court that the patient is no longer subject to involuntary
9 admission or judicial admission and issues an order so
10 finding and discharging the patient; and upon the
11 recommendation of the Podiatric Medical Licensing Board to
12 the Director that the licensee be allowed to resume his
13 practice;
14 20. Holding oneself out to treat human ailments under
15 any name other than his own, or the impersonation of any
16 other physician;
17 21. Revocation or suspension of a podiatric medical
18 license in another jurisdiction;
19 22. Promotion of the sale of drugs, devices, appliances
20 or goods provided for a patient in such manner as to exploit
21 the patient for financial gain of the podiatric physician;
22 23. Gross, willful, and continued overcharging for
23 professional services including filing false statements for
24 collection of fees for which services, including, but not
25 limited to, filing false statement for collection of monies
26 for services not rendered from the medical assistance program
27 of the Department of Public Aid under the Public Aid Code or
28 other private or public third party payor;
29 24. Being named as a perpetrator in an indicated report
30 by the Department of Children and Family Services under the
31 Abused and Neglected Child Reporting Act, and upon proof by
32 clear and convincing evidence that the licensee has caused a
33 child to be an abused child or neglected child as defined in
34 the Abused and Neglected Child Reporting Act;
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1 25. Willfully making or filing false records or reports
2 in the practice of podiatric medicine, including, but not
3 limited to, false records to support claims against the
4 medical assistance program of the Department of Public Aid
5 under the Public Aid Code;
6 26. Mental illness or disability which results in the
7 inability to practice with reasonable judgment, skill or
8 safety;
9 27. Immoral conduct in the commission or any act
10 including, sexual abuse, sexual misconduct, or sexual
11 exploitation, related to the licensee's practice;
12 28. Violation of the Health Care Worker Self-Referral
13 Act.
14 The Department may refuse to issue or may suspend the
15 license of any person who fails to file a return, or to pay
16 the tax, penalty or interest shown in a filed return, or to
17 pay any final assessment of tax, penalty or interest, as
18 required by any tax Act administered by the Illinois
19 Department of Revenue, until such time as the requirements of
20 any such tax Act are satisfied.
21 The Director of the Department may, upon receipt of a
22 written communication from the Secretary of Human Services,
23 the Director of Public Aid, or the Director of Public Health
24 that continuation of practice of a person licensed under this
25 Act constitutes an immediate danger to the public,
26 immediately suspend the license of such person without a
27 hearing. In instances in which the Director immediately
28 suspends a license under this Section, a hearing upon such
29 person's license must be convened by the Board within 15 days
30 after such suspension and completed without appreciable
31 delay, such hearing held to determine whether to recommend to
32 the Director that the person's license be revoked, suspended,
33 placed on probationary status or reinstated, or such person
34 be subject to other disciplinary action. In such hearing,
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1 the written communication and any other evidence submitted
2 therewith may be introduced as evidence against such person;
3 provided, however, the person or his counsel shall have the
4 opportunity to discredit or impeach such evidence and submit
5 evidence rebutting the same.
6 (Source: P.A. 86-596; 87-1207; 89-507, eff. 7-1-97; revised
7 1-3-97.)
8 (225 ILCS 100/26) (from Ch. 111, par. 4826)
9 Sec. 26. Reports relating to professional conduct and
10 capacity. A. Entities required to report. The Podiatric
11 Medical Licensing Board shall by rule provide for the
12 reporting to it of all instances in which a podiatric
13 physician licensed under this Act who is impaired by reason
14 of age, drug or alcohol abuse or physical or mental
15 impairment, is under supervision and, where appropriate, is
16 in a program of rehabilitation. Reports shall be strictly
17 confidential and may be reviewed and considered only by the
18 members of the Board, or by authorized staff of the
19 Department as provided by the rules of the Board. Provisions
20 shall be made for the periodic report of the status of any
21 such podiatric physician not less than twice annually in
22 order that the Board shall have current information upon
23 which to determine the status of any such podiatric
24 physician. Such initial and periodic reports of impaired
25 physicians shall not be considered records within the meaning
26 of The State Records Act and shall be disposed of, following
27 a determination by the Board that such reports are no longer
28 required, in a manner and at such time as the Board shall
29 determine by rule. The filing of such reports shall be
30 construed as the filing of a report for the purposes of
31 subsection C of this Section. Failure to file a report under
32 this Section shall be a Class A misdemeanor.
33 1. Health Care Institutions. Any administrator or
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1 officer of any hospital, nursing home or other health care
2 agency or facility who has knowledge of any action or
3 condition which reasonably indicates to him that a licensed
4 podiatric physician practicing in such hospital, nursing home
5 or other health care agency or facility is habitually
6 intoxicated or addicted to the use of habit forming drugs, or
7 is otherwise impaired, to the extent that such intoxication,
8 addition or impairment adversely affects such podiatric
9 physician's professional performance, or has knowledge that
10 reasonably indicates to him that any podiatric physician
11 unlawfully possesses, uses, distributes or converts
12 habit-forming drugs belonging to the hospital, nursing home
13 or other health care agency or facility for such podiatric
14 physician's own use or benefit, shall promptly file a written
15 report thereof to the Department. The report shall include
16 the name of the podiatric physician, the name of the patient
17 or patients involved, if any, a brief summary of the action,
18 condition or occurrence which has necessitated the report,
19 and any other information as the Department may deem
20 necessary. The Department shall provide forms on which such
21 reports shall be filed.
22 2. Professional Associations. The president or chief
23 executive officer of any association or society of podiatric
24 physicians licensed under this Act, operating within this
25 State shall report to the Board when the association or
26 society renders a final determination that a podiatric
27 physician has committed unprofessional conduct related
28 directly to patient care or that a podiatric physician may be
29 mentally or physically disabled in such a manner as to
30 endanger patients under that physician's care.
31 3. Professional Liability Insurers. Every insurance
32 company which offers policies of professional liability
33 insurance to persons licensed under this Act, or any other
34 entity which seeks to indemnify the professional liability of
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1 a podiatric physician licensed under this Act, shall report
2 to the Board the settlement of any claim or cause of action,
3 or final judgment rendered in any cause of action, which
4 alleged negligence in the furnishing of medical care by such
5 licensed person when such settlement or final judgement is in
6 favor of the plaintiff.
7 4. State's Attorneys. The State's Attorney of each
8 county shall report to the Board all instances in which a
9 person licensed under this Act is convicted or otherwise
10 found guilty of the commission of any felony.
11 5. State Agencies. All agencies, boards, commissions,
12 departments, or other instrumentalities of the government of
13 the State of Illinois shall report to the Board any instance
14 arising in connection with the operations of such agency,
15 including the administration of any law by such agency, in
16 which a podiatric physician licensed under this Act has
17 either committed an act or acts which may be a violation of
18 this Act or which may constitute unprofessional conduct
19 related directly to patient care or which indicates that a
20 podiatric physician licensed under this Act may be mentally
21 or physically disabled in such a manner as to endanger
22 patients under that physician's care.
23 B. Mandatory Reporting. All reports required by this
24 Act shall be submitted to the Board in a timely fashion. The
25 reports shall be filed in writing within 60 days after a
26 determination that a report is required under this Act. All
27 reports shall contain the following information:
28 (1) The name, address and telephone number of the person
29 making the report.
30 (2) The name, address and telephone number of the
31 podiatric physician who is the subject of the report.
32 (3) The name or other means of identification of any
33 patient or patients whose treatment is a subject of the
34 report, provided, however, no medical records may be revealed
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1 without the written consent of the patient or patients.
2 (4) A brief description of the facts which gave rise to
3 the issuance of the report, including the dates of any
4 occurrences deemed to necessitate the filing of the report.
5 (5) If court action is involved, the identity of the
6 court in which the action is filed, along with the docket
7 number and date of filing of the action.
8 (6) Any further pertinent information which the
9 reporting party deems to be an aid in the evaluation of the
10 report.
11 Nothing contained in this Section shall waive or modify
12 the confidentiality of medical reports and committee reports
13 to the extent provided by law. Any information reported or
14 disclosed shall be kept for the confidential use of the
15 Board, the Board's attorneys, the investigative staff and
16 other authorized Department staff, as provided in this Act,
17 and shall be afforded the same status as is provided
18 information concerning medical studies in Part 21 of Article
19 VIII of the Code of Civil Procedure.
20 C. Immunity from Prosecution. Any individual or
21 organization acting in good faith, and not in a willful and
22 wanton manner, in complying with this Act by providing any
23 report or other information to the Board, or assisting in the
24 investigation or preparation of such information, or by
25 participating in proceedings of the Board, or by serving as a
26 member of the Board, shall not, as a result of such actions,
27 be subject to criminal prosecution or civil damages.
28 D. Indemnification. Members of the Board, the Board's
29 attorneys, the investigative staff, other podiatric
30 physicians retained under contract to assist and advise in
31 the investigation, and other authorized Department staff
32 shall be indemnified by the State for any actions occurring
33 within the scope of services on the Board, done in good faith
34 and not willful and wanton in nature. The Attorney General
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1 shall defend all such actions unless he determines either
2 that he would have a conflict of interest in such
3 representation or that the actions complained of were not in
4 good faith or were willful and wanton.
5 Should the Attorney General decline representation, the
6 member shall have the right to employ counsel of his choice,
7 whose fees shall be provided by the State, after approval by
8 the Attorney General, unless there is a determination by a
9 court that the member's actions were not in good faith or
10 were wilful and wanton. The member must notify the Attorney
11 General within 7 days of receipt of notice of the initiation
12 of any action involving services of the Board. Failure to so
13 notify the Attorney General shall constitute an absolute
14 waiver of the right to a defense and indemnification. The
15 Attorney General shall determine within 7 days after
16 receiving such notice, whether he will undertake to represent
17 the member.
18 E. Deliberations of the Board. Upon the receipt of any
19 report called for by this Act, other than those reports of
20 impaired persons licensed under this Act required pursuant to
21 the rules of the Board, the Board shall notify in writing, by
22 certified mail, the podiatric physician who is the subject of
23 the report. Such notification shall be made within 30 days
24 of receipt by the Board of the report.
25 The notification shall include a written notice setting
26 forth the podiatric physician's physicians's right to examine
27 the report. Included in such notification shall be the
28 address at which the file is maintained, the name of the
29 custodian of the reports, and the telephone number at which
30 the custodian may be reached. The podiatric physician who is
31 the subject of the report shall be permitted to submit a
32 written statement responding, clarifying, adding to, or
33 proposing the amending of the report previously filed. The
34 statement shall become a permanent part of the file and must
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1 be received by the Board no more than 30 days after the date
2 on which the podiatric physician was notified of the
3 existence of the original report.
4 The Board shall review all reports received by it,
5 together with any supporting information and responding
6 statements submitted by persons who are the subject of
7 reports. The review by the Board shall be in a timely manner
8 but in no event, shall the Board's initial review of the
9 material contained in each disciplinary file be less than 61
10 days nor more than 180 days after the receipt of the initial
11 report by the Board.
12 When the Board makes its initial review of the materials
13 contained within its disciplinary files the Board shall, in
14 writing, make a determination as to whether there are
15 sufficient facts to warrant further investigation or action.
16 Failure to make such determination within the time provided
17 shall be deemed to be a determination that there are not
18 sufficient facts to warrant further investigation or action.
19 Should the Board find that there are not sufficient facts
20 to warrant further investigation, or action, the report shall
21 be accepted for filing and the matter shall be deemed closed
22 and so reported.
23 The individual or entity filing the original report or
24 complaint and the podiatric physician who is the subject of
25 the report or complaint shall be notified in writing by the
26 Board of any final action on their report or complaint.
27 F. Summary Reports. The Board shall prepare on a timely
28 basis, but in no event less than once every other month, a
29 summary report of final actions taken upon disciplinary files
30 maintained by the Board. The summary reports shall be sent
31 by the Board to such institutions, associations and
32 individuals as the Director may determine.
33 G. Violation of this Section. Any violation of this
34 Section shall be a Class A misdemeanor.
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1 H. Court ordered enforcement. If any such podiatric
2 physician violates the provisions of this Section, an action
3 may be brought in the name of the People of the State of
4 Illinois, through the Attorney General of the State of
5 Illinois, for an order enjoining such violation or for an
6 order enforcing compliance with this Section. Upon filing of
7 a verified petition in such court, the court may issue a
8 temporary restraining order without notice or bond and may
9 preliminarily or permanently enjoin such violation, and if it
10 is established that such podiatric physician has violated or
11 is violating the injunction, the Court may punish the
12 offender for contempt of court. Proceedings under this
13 paragraph shall be in addition to, and not in lieu of, all
14 other remedies and penalties provided for by this Section.
15 The Department may investigate the actions of any
16 applicant or of any person or persons holding or claiming to
17 hold a license. The Department shall, before suspending,
18 revoking, placing on probationary status or taking any other
19 disciplinary action as the Department may deem proper with
20 regard to any licensee, at least 30 days prior to the date
21 set for the hearing, notify the accused in writing of any
22 charges made and the time and place for a hearing of the
23 charges before the Board, direct him to file his written
24 answer thereto to the Board under oath within 20 days after
25 the service on him of such notice and inform him that if he
26 fails to file such answer default will be taken against him
27 and his license may be revoked, placed on probationary status
28 or have other disciplinary action, including limiting the
29 scope, nature or extent of his practice as the Department may
30 deem proper.
31 In case the accused person, after receiving notice fails
32 to file an answer, his license may, in the discretion of the
33 Director having received the recommendation of the Board, be
34 suspended, revoked, placed on probationary status or the
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1 Director may take whatever disciplinary action as he may deem
2 proper including limiting the scope, nature or extent of the
3 accused person's practice without a hearing if the act or
4 acts charged constitute sufficient grounds for such action
5 under this Act.
6 (Source: P.A. 85-918; revised 2-7-97.)
7 Section 3-110. The Illinois Public Aid Code is amended
8 by changing Sections 4-1.1 and 5-16.7 as follows:
9 (305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
10 Sec. 4-1.1. Child age eligibility. The child or children
11 must have already been born, except as otherwise provided in
12 this Section, and be under age 18. If federal law permits or
13 requires the inclusion of any children age 18 or over in the
14 Aid to Families with Dependent Children Program under the
15 Social Security Act, the Illinois Department may provide for
16 the inclusion of such children by rule. Notwithstanding any
17 other provision of anything in this Section, if federal law
18 prohibits federal reimbursement for any children under age
19 18, such children shall not be eligible for aid under this
20 Article.
21 Grants shall be provided for assistance units consisting
22 exclusively of a pregnant woman with no dependent child, if
23 the pregnancy has been determined by medical diagnosis, to
24 the extent that federal law permits and federal matching
25 funds are available.
26 (Source: P.A. 84-773; revised 2-22-96.)
27 (305 ILCS 5/5-16.7)
28 Sec. 5-16.7. Post-parturition care. The medical
29 assistance program shall provide the post-parturition care
30 benefits required to be covered by a policy of accident and
31 health insurance under Section 356s 356r of the Illinois
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1 Insurance Code.
2 (Source: P.A. 89-513, eff. 9-15-96; revised 7-24-96.)
3 Section 3-120. The Abused and Neglected Child Reporting
4 Act is amended by changing Section 8.2 as follows:
5 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
6 Sec. 8.2. If the Child Protective Service Unit
7 determines, following an investigation made pursuant to
8 Section 7.4 of this Act, that there is credible evidence that
9 the child is abused or neglected, the Department shall assess
10 the family's need for services, and, as necessary, develop,
11 with the family, an appropriate service plan for the family's
12 voluntary acceptance or refusal. In any case where there is
13 evidence that the perpetrator of the abuse or neglect is an
14 addict or alcoholic as defined in the Alcoholism and Other
15 Drug Abuse and Dependency Act, the Department, when making
16 referrals for drug or alcohol abuse services, shall make such
17 referrals to facilities licensed by the Department of Human
18 Services or the Department of Public Health. The Department
19 shall comply with Section 8.1 by explaining its lack of legal
20 authority to compel the acceptance of services and may
21 explain its concomitant noncommitant authority to petition
22 the Circuit court under the Juvenile Court Act of 1987 or
23 refer the case to the local law enforcement authority or
24 State's attorney for criminal prosecution.
25 For purposes of this Act, the term "family preservation
26 services" refers to all services to prevent the placement of
27 children in substitute care, to reunite them with their
28 families if so placed and if reunification is an appropriate
29 goal, or to maintain an adoptive placement. The term
30 "homemaker" includes emergency caretakers, homemakers,
31 caretakers, housekeepers and chore services. The term
32 "counseling" includes individual therapy, infant stimulation
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1 therapy, family therapy, group therapy, self-help groups,
2 drug and alcohol abuse counseling, vocational counseling and
3 post-adoptive services. The term "day care" includes
4 protective day care and day care to meet educational,
5 prevocational or vocational needs. The term "emergency
6 assistance and advocacy" includes coordinated services to
7 secure emergency cash, food, housing and medical assistance
8 or advocacy for other subsistence and family protective
9 needs.
10 Before July 1, 2000, appropriate family preservation
11 services shall, subject to appropriation, be included in the
12 service plan if the Department has determined that those
13 services are in the child's best interests and when the child
14 will not be in imminent risk of harm. Beginning July 1,
15 2000, appropriate family preservation services shall be
16 uniformly available throughout the State. The Department
17 shall promptly notify children and families of the
18 Department's responsibility to offer and provide family
19 preservation services as identified in the service plan.
20 Such plans may include but are not limited to: case
21 management services; homemakers; counseling; parent
22 education; day care; emergency assistance and advocacy
23 assessments; respite care; in-home health care;
24 transportation to obtain any of the above services; and
25 medical assistance. Nothing in this paragraph shall be
26 construed to create a private right of action or claim on the
27 part of any individual or child welfare agency.
28 The Department shall provide a preliminary report to the
29 General Assembly no later than January 1, 1991, in regard to
30 the provision of services authorized pursuant to this
31 Section. The report shall include:
32 (a) the number of families and children served, by
33 type of services;
34 (b) the outcome from the provision of such
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1 services, including the number of families which remained
2 intact at least 6 months following the termination of
3 services;
4 (c) the number of families which have been subjects
5 of founded reports of abuse following the termination of
6 services;
7 (d) an analysis of general family circumstances in
8 which family preservation services have been determined
9 to be an effective intervention;
10 (e) information regarding the number of families in
11 need of services but unserved due to budget or program
12 criteria guidelines;
13 (f) an estimate of the time necessary for and the
14 annual cost of statewide implementation of such services;
15 (g) an estimate of the length of time before
16 expansion of these services will be made to include
17 families with children over the age of 6; and
18 (h) recommendations regarding any proposed
19 legislative changes to this program.
20 Each Department field office shall maintain on a local
21 basis directories of services available to children and
22 families in the local area where the Department office is
23 located.
24 The Department shall refer children and families served
25 pursuant to this Section to private agencies and governmental
26 agencies, where available.
27 Where there are 2 equal proposals from both a
28 not-for-profit and a for-profit agency to provide services,
29 the Department shall give preference to the proposal from the
30 not-for-profit agency.
31 No service plan shall compel any child or parent to
32 engage in any activity or refrain from any activity which is
33 not reasonably related to remedying a condition or conditions
34 that gave rise or which could give rise to any finding of
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1 child abuse or neglect.
2 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
3 89-507, eff. 7-1-97; revised 2-7-97.)
4 Section 3-125. The Illinois Sexually Transmissible
5 Disease Control Act is amended by changing Sections 4 and 6
6 as follows:
7 (410 ILCS 325/4) (from Ch. 111 1/2, par. 7404)
8 Sec. 4. Reporting required.
9 (a) A physician licensed under the provisions of the
10 Medical Practice Act of 1987 who makes a diagnosis of or
11 treats a person with a sexually transmissible disease and
12 each laboratory that performs a test for a sexually
13 transmissible disease which concludes with a positive result
14 shall report such facts as may be required by the Department
15 by rule, within such time period as the Department may
16 require by rule, but in no case to exceed 2 weeks.
17 (b) The Department shall adopt rules specifying the
18 information required in reporting a sexually transmissible
19 disease, the method of reporting and specifying a minimum
20 time period for reporting. In adopting such rules, the
21 Department shall consider the need for information,
22 protections for the privacy and confidentiality of the
23 patient, and the practical abilities of persons and
24 laboratories to report in a reasonable fashion.
25 (c) Any person who knowingly or maliciously disseminates
26 any false information or report concerning the existence of
27 any sexually transmissible disease under this Section is
28 guilty of a Class A misdemeanor.
29 (d) Any person who violates the provisions of this
30 Section or the rules adopted hereunder may be fined by the
31 Department up to $500 for each violation. The Department
32 shall report each violation of this Section to the regulatory
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1 agency responsible for licensing a health care professional
2 or a laboratory to which these provisions apply.
3 (Source: P.A. 85-681; revised 2-11-97.)
4 (410 ILCS 325/6) (from Ch. 111 1/2, par. 7406)
5 Sec. 6. Physical examination and treatment.
6 (a) Subject to the provisions of subsection (c) of this
7 Section, the Department and its authorized representatives
8 may examine or cause to be examined persons reasonably
9 believed to be infected with or to have been exposed to a
10 sexually transmissible disease.
11 (b) Subject to the provisions of subsection (c) of this
12 Section, persons with a sexually transmissible disease shall
13 report for complete treatment to a physician licensed under
14 the provisions of the Medical Practice Act of 1987, or shall
15 submit to treatment at a facility provided by a local health
16 authority or other public facility, as the Department shall
17 require by rule or regulation until the disease is
18 noncommunicable or the Department determines that the person
19 does not present a real and present danger to the public
20 health. This subsection (b) shall not be construed to
21 require the Department or local health authorities to pay for
22 or provide such treatment.
23 (c) No person shall be apprehended, examined or treated
24 for a sexually transmissible disease against his will, under
25 the provisions of this Act, except upon the presentation of a
26 warrant duly authorized by a court of competent jurisdiction.
27 In requesting the issuance of such a warrant the Department
28 shall show by a preponderance of evidence that the person is
29 infectious and that a real and present danger to the public
30 health and welfare exists unless such warrant is issued and
31 shall show that all other reasonable means of obtaining
32 compliance have been exhausted and that no other less
33 restrictive alternative is available. The court shall
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1 require any proceedings authorized by this subsection (c) to
2 be conducted in camera. A record shall be made of such
3 proceedings but shall be sealed, impounded and preserved in
4 the records of the court, to be made available to the
5 reviewing court in the event of an appeal.
6 (d) Any person who knowingly or maliciously disseminates
7 any false information or report concerning the existence of
8 any sexually transmissible disease under this Section is
9 guilty of a Class A misdemeanor.
10 (Source: P.A. 85-681; revised 2-11-97.)
11 Section 3-130. The Environmental Protection Act is
12 amended by changing Sections 14.2, 39.5, and 55.8 as follows:
13 (415 ILCS 5/14.2) (from Ch. 111 1/2, par. 1014.2)
14 Sec. 14.2. A minimum setback zone is established for the
15 location of each new potential source or new potential route
16 as follows:
17 (a) Except as provided in subsections (b), (c) and (h)
18 of this Section, no new potential route or potential primary
19 source or potential secondary source may be placed within 200
20 feet of any existing or permitted community water supply well
21 or other potable water supply well.
22 (b) The owner of a new potential primary source or a
23 potential secondary source or a potential route may secure a
24 waiver from the requirement of subsection (a) of this Section
25 for a potable water supply well other than a community water
26 supply well. A written request for a waiver shall be made to
27 the owner of the water well and the Agency. Such request
28 shall identify the new or proposed potential source or
29 potential route, shall generally describe the possible effect
30 of such potential source or potential route upon the water
31 well and any applicable technology-based controls which will
32 be utilized to minimize the potential for contamination, and
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1 shall state whether, and under what conditions, the requestor
2 will provide an alternative potable water supply. Waiver may
3 be granted by the owner of the water well no less than 90
4 days after receipt of the request unless prior to such time
5 the Agency notifies the well owner that it does not concur
6 with the request.
7 The Agency shall not concur with any such request which
8 fails to accurately describe reasonably foreseeable effects
9 of the potential source or potential route upon the water
10 well or any applicable technology-based controls. Such
11 notification by the Agency shall be in writing, and shall
12 include a statement of reasons for the nonconcurrence. Waiver
13 of the minimum setback zone established under subsection (a)
14 of this Section shall extinguish the water well owner's
15 rights under Section 6b of the Illinois Water Well
16 Construction Code but shall not preclude enforcement of any
17 law regarding water pollution. If the owner of the water
18 well has not granted a waiver within 120 days after receipt
19 of the request or the Agency has notified the owner that it
20 does not concur with the request, the owner of a potential
21 source or potential route may file a petition for an
22 exception with the Board and the Agency pursuant to
23 subsection (c) of this Section.
24 No waiver under this Section is required where the
25 potable water supply well is part of a private water system
26 as defined in the Illinois Groundwater Protection Act, and
27 the owner of such well will also be the owner of a new
28 potential secondary source or a potential route. In such
29 instances, a prohibition of 75 feet shall apply and the owner
30 shall notify the Agency of the intended action so that the
31 Agency may provide information regarding the potential
32 hazards associated with location of a potential secondary
33 source or potential route in close proximity to a potable
34 water supply well.
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1 (c) The Board may grant an exception from the setback
2 requirements of this Section and subsection (e) of Section
3 14.3 to the owner of a new potential route, a new potential
4 primary source other than landfilling or land treating, or a
5 new potential secondary source. The owner seeking an
6 exception with respect to a community water supply well shall
7 file a petition with the Board and the Agency. The owner
8 seeking an exception with respect to a potable water supply
9 well other than a community water supply well shall file a
10 petition with the Board and the Agency, and set forth therein
11 the circumstances under which a waiver has been sought but
12 not obtained pursuant to subsection (b) of this Section. A
13 petition shall be accompanied by proof that the owner of each
14 potable water supply well for which setback requirements
15 would be affected by the requested exception has been
16 notified and been provided with a copy of the petition. A
17 petition shall set forth such facts as may be required to
18 support an exception, including a general description of the
19 potential impacts of such potential source or potential route
20 upon groundwaters and the affected water well, and an
21 explanation of the applicable technology-based controls which
22 will be utilized to minimize the potential for contamination
23 of the potable water supply well.
24 The Board shall grant an exception, whenever it is found
25 upon presentation of adequate proof, that compliance with the
26 setback requirements of this Section would pose an arbitrary
27 and unreasonable hardship upon the petitioner, that the
28 petitioner will utilize the best available technology
29 controls economically achievable to minimize the likelihood
30 of contamination of the potable water supply well, that the
31 maximum feasible alternative setback will be utilized, and
32 that the location of such potential source or potential route
33 will not constitute a significant hazard to the potable water
34 supply well.
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1 Not later than January 1, 1988, the Board shall adopt
2 procedural rules governing requests for exceptions under this
3 subsection. The rulemaking provisions of Title VII of this
4 Act and of Section 5-35 of the Illinois Administrative
5 Procedure Act shall not apply to such rules. A decision made
6 by the Board pursuant to this subsection shall constitute a
7 final determination.
8 The granting of an exception by the Board shall not
9 extinguish the water well owner's rights under Section 6b of
10 the Illinois Water Well Construction Code in instances where
11 the owner has elected not to provide a waiver pursuant to
12 subsection (b) of this Section.
13 (d) Except as provided in subsections (c) and (h) of
14 this Section and Section 14.5, no new potential route or
15 potential primary source or potential secondary source may be
16 placed within 400 feet of any existing or permitted community
17 water supply well deriving water from an unconfined shallow
18 fractured or highly permeable bedrock formation or from an
19 unconsolidated and unconfined sand and gravel formation. The
20 Agency shall notify, not later than January 1, 1988, the
21 owner and operator of each existing well which is afforded
22 this setback protection and shall maintain a directory of all
23 community water supply wells to which the 400 foot minimum
24 setback zone applies.
25 (e) The minimum setback zones established under
26 subsections (a) and (b) of this Section shall not apply to
27 new common sources of sanitary pollution as specified
28 pursuant to Section 17 and the regulations adopted thereunder
29 by the Agency; however, no such common sources may be located
30 within the applicable minimum distance from a community water
31 supply well specified by such regulations.
32 (f) Nothing in this Section shall be construed as
33 limiting the power of any county or municipality to adopt
34 ordinances which are consistent with but not more stringent
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1 than the prohibitions herein.
2 (g) Nothing in this Section shall preclude any
3 arrangement under which the owner or operator of a new source
4 or route does the following:
5 (1) purchases an existing water supply well and
6 attendant property with the intent of eventually
7 abandoning or totally removing the well;
8 (2) replaces an existing water supply well with a
9 new water supply of substantially equivalent quality and
10 quantity as a precondition to locating or constructing
11 such source or route;
12 (3) implements any other arrangement which is
13 mutually agreeable with the owner of a water supply well;
14 or
15 (4) modifies the on-site storage capacity at an
16 agrichemical facility such that the volume of pesticide
17 storage does not exceed 125% of the available capacity in
18 existence on April 1, 1990, or the volume of fertilizer
19 storage does not exceed 150% of the available capacity in
20 existence on April 1, 1990; provided that a written
21 endorsement for an agrichemical facility permit is in
22 effect under Section 39.4 of this Act and the maximum
23 feasible setback is maintained. This on-site storage
24 capacity includes mini-bulk pesticides, package
25 agrichemical storage areas, liquid or dry fertilizers,
26 and liquid or dry pesticides.
27 (h) A new potential route, which is an excavation for
28 stone, sand or gravel and which becomes active on lands which
29 were acquired or were being held as mineral reserves prior to
30 September 24, 1987 the effective date of this amendatory Act
31 of 1988 of 1987, shall only be subject to the setback
32 requirements of subsections (a) and (d) of this Section with
33 respect to any community water supply well, non-community
34 water system well, or semi-private water system well in
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1 existence prior to January 1, 1988.
2 (Source: P.A. 85-863, eff. 9-24-87; 87-1108; 88-45; revised
3 2-7-97.)
4 (415 ILCS 5/39.5) (from Ch. 111 1/2, par. 1039.5)
5 Sec. 39.5. Clean Air Act Permit Program.
6 1. Definitions.
7 For purposes of this Section:
8 "Administrative permit amendment" means a permit revision
9 subject to subsection 13 of this Section.
10 "Affected source for acid deposition" means a source that
11 includes one or more affected units under Title IV of the
12 Clean Air Act.
13 "Affected States" for purposes of formal distribution of
14 a draft CAAPP permit to other States for comments prior to
15 issuance, means all States:
16 (1) Whose air quality may be affected by the source
17 covered by the draft permit and that are contiguous to
18 Illinois; or
19 (2) That are within 50 miles of the source.
20 "Affected unit for acid deposition" shall have the
21 meaning given to the term "affected unit" in the regulations
22 promulgated under Title IV of the Clean Air Act.
23 "Applicable Clean Air Act requirement" means all of the
24 following as they apply to emissions units in a source
25 (including regulations that have been promulgated or approved
26 by USEPA pursuant to the Clean Air Act which directly impose
27 requirements upon a source and other such federal
28 requirements which have been adopted by the Board. These may
29 include requirements and regulations which have future
30 effective compliance dates. Requirements and regulations
31 will be exempt if USEPA determines that such requirements
32 need not be contained in a Title V permit):
33 (1) Any standard or other requirement provided for
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1 in the applicable state implementation plan approved or
2 promulgated by USEPA under Title I of the Clean Air Act
3 that implement the relevant requirements of the Clean Air
4 Act, including any revisions to the state Implementation
5 Plan promulgated in 40 CFR Part 52, Subparts A and O and
6 other subparts applicable to Illinois. For purposes of
7 this subsection (1) of this definition, "any standard or
8 other requirement" shall mean only such standards or
9 requirements directly enforceable against an individual
10 source under the Clean Air Act.
11 (2)(i) Any term or condition of any preconstruction
12 permits issued pursuant to regulations approved or
13 promulgated by USEPA under Title I of the Clean Air
14 Act, including Part C or D of the Clean Air Act.
15 (ii) Any term or condition as required
16 pursuant to Section 39.5 of any federally
17 enforceable State operating permit issued pursuant
18 to regulations approved or promulgated by USEPA
19 under Title I of the Clean Air Act, including Part C
20 or D of the Clean Air Act.
21 (3) Any standard or other requirement under Section
22 111 of the Clean Air Act, including Section 111(d).
23 (4) Any standard or other requirement under Section
24 112 of the Clean Air Act, including any requirement
25 concerning accident prevention under Section 112(r)(7) of
26 the Clean Air Act.
27 (5) Any standard or other requirement of the acid
28 rain program under Title IV of the Clean Air Act or the
29 regulations promulgated thereunder.
30 (6) Any requirements established pursuant to
31 Section 504(b) or Section 114(a)(3) of the Clean Air Act.
32 (7) Any standard or other requirement governing
33 solid waste incineration, under Section 129 of the Clean
34 Air Act.
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1 (8) Any standard or other requirement for consumer
2 and commercial products, under Section 183(e) of the
3 Clean Air Act.
4 (9) Any standard or other requirement for tank
5 vessels, under Section 183(f) of the Clean Air Act.
6 (10) Any standard or other requirement of the
7 program to control air pollution from Outer Continental
8 Shelf sources, under Section 328 of the Clean Air Act.
9 (11) Any standard or other requirement of the
10 regulations promulgated to protect stratospheric ozone
11 under Title VI of the Clean Air Act, unless USEPA has
12 determined that such requirements need not be contained
13 in a Title V permit.
14 (12) Any national ambient air quality standard or
15 increment or visibility requirement under Part C of Title
16 I of the Clean Air Act, but only as it would apply to
17 temporary sources permitted pursuant to Section 504(e) of
18 the Clean Air Act.
19 "Applicable requirement" means all applicable Clean Air
20 Act requirements and any other standard, limitation, or other
21 requirement contained in this Act or regulations promulgated
22 under this Act as applicable to sources of air contaminants
23 (including requirements that have future effective compliance
24 dates).
25 "CAAPP" means the Clean Air Act Permit Program, developed
26 pursuant to Title V of the Clean Air Act.
27 "CAAPP application" means an application for a CAAPP
28 permit.
29 "CAAPP Permit" or "permit" (unless the context suggests
30 otherwise) means any permit issued, renewed, amended,
31 modified or revised pursuant to Title V of the Clean Air Act.
32 "CAAPP source" means any source for which the owner or
33 operator is required to obtain a CAAPP permit pursuant to
34 subsection 2 of this Section.
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1 "Clean Air Act" means the Clean Air Act, as now and
2 hereafter amended, 42 U.S.C. 7401, et seq.
3 "Designated representative" shall have the meaning given
4 to it in Section 402(26) of the Clean Air Act and the
5 regulations promulgated thereunder which states that the term
6 'designated representative' shall mean a responsible person
7 or official authorized by the owner or operator of a unit to
8 represent the owner or operator in all matters pertaining to
9 the holding, transfer, or disposition of allowances allocated
10 to a unit, and the submission of and compliance with permits,
11 permit applications, and compliance plans for the unit.
12 "Draft CAAPP permit" means the version of a CAAPP permit
13 for which public notice and an opportunity for public comment
14 and hearing is offered by the Agency.
15 "Effective date of the CAAPP" means the date that USEPA
16 approves Illinois' CAAPP.
17 "Emission unit" means any part or activity of a
18 stationary source that emits or has the potential to emit any
19 air pollutant. This term is not meant to alter or affect the
20 definition of the term "unit" for purposes of Title IV of the
21 Clean Air Act.
22 "Federally enforceable" means enforceable by USEPA.
23 "Final permit action" means the Agency's granting with
24 conditions, refusal to grant, renewal of, or revision of a
25 CAAPP permit, the Agency's determination of incompleteness of
26 a submitted CAAPP application, or the Agency's failure to act
27 on an application for a permit, permit renewal, or permit
28 revision within the time specified in paragraph 5(j),
29 subsection 13, or subsection 14 of this Section.
30 "General permit" means a permit issued to cover numerous
31 similar sources in accordance with subsection 11 of this
32 Section.
33 "Major source" means a source for which emissions of one
34 or more air pollutants meet the criteria for major status
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1 pursuant to paragraph 2(c) of this Section.
2 "Maximum achievable control technology" or "MACT" means
3 the maximum degree of reductions in emissions deemed
4 achievable under Section 112 of the Clean Air Act.
5 "Owner or operator" means any person who owns, leases,
6 operates, controls, or supervises a stationary source.
7 "Permit modification" means a revision to a CAAPP permit
8 that cannot be accomplished under the provisions for
9 administrative permit amendments under subsection 13 of this
10 Section.
11 "Permit revision" means a permit modification or
12 administrative permit amendment.
13 "Phase II" means the period of the national acid rain
14 program, established under Title IV of the Clean Air Act,
15 beginning January 1, 2000, and continuing thereafter.
16 "Phase II acid rain permit" means the portion of a CAAPP
17 permit issued, renewed, modified, or revised by the Agency
18 during Phase II for an affected source for acid deposition.
19 "Potential to emit" means the maximum capacity of a
20 stationary source to emit any air pollutant under its
21 physical and operational design. Any physical or operational
22 limitation on the capacity of a source to emit an air
23 pollutant, including air pollution control equipment and
24 restrictions on hours of operation or on the type or amount
25 of material combusted, stored, or processed, shall be treated
26 as part of its design if the limitation is enforceable by
27 USEPA. This definition does not alter or affect the use of
28 this term for any other purposes under the Clean Air Act, or
29 the term "capacity factor" as used in Title IV of the Clean
30 Air Act or the regulations promulgated thereunder.
31 "Preconstruction Permit" or "Construction Permit" means a
32 permit which is to be obtained prior to commencing or
33 beginning actual construction or modification of a source or
34 emissions unit.
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1 "Proposed CAAPP permit" means the version of a CAAPP
2 permit that the Agency proposes to issue and forwards to
3 USEPA for review in compliance with applicable requirements
4 of the Act and regulations promulgated thereunder.
5 "Regulated air pollutant" means the following:
6 (1) Nitrogen oxides (NOx) or any volatile organic
7 compound.
8 (2) Any pollutant for which a national ambient air
9 quality standard has been promulgated.
10 (3) Any pollutant that is subject to any standard
11 promulgated under Section 111 of the Clean Air Act.
12 (4) Any Class I or II substance subject to a
13 standard promulgated under or established by Title VI of
14 the Clean Air Act.
15 (5) Any pollutant subject to a standard promulgated
16 under Section 112 or other requirements established under
17 Section 112 of the Clean Air Act, including Sections
18 112(g), (j) and (r).
19 (i) Any pollutant subject to requirements
20 under Section 112(j) of the Clean Air Act. Any
21 pollutant listed under Section 112(b) for which the
22 subject source would be major shall be considered to
23 be regulated 18 months after the date on which USEPA
24 was required to promulgate an applicable standard
25 pursuant to Section 112(e) of the Clean Air Act, if
26 USEPA fails to promulgate such standard.
27 (ii) Any pollutant for which the requirements
28 of Section 112(g)(2) of the Clean Air Act have been
29 met, but only with respect to the individual source
30 subject to Section 112(g)(2) requirement.
31 "Renewal" means the process by which a permit is reissued
32 at the end of its term.
33 "Responsible official" means one of the following:
34 (1) For a corporation: a president, secretary,
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1 treasurer, or vice-president of the corporation in charge
2 of a principal business function, or any other person who
3 performs similar policy or decision-making functions for
4 the corporation, or a duly authorized representative of
5 such person if the representative is responsible for the
6 overall operation of one or more manufacturing,
7 production, or operating facilities applying for or
8 subject to a permit and either (i) the facilities employ
9 more than 250 persons or have gross annual sales or
10 expenditures exceeding $25 million (in second quarter
11 1980 dollars), or (ii) the delegation of authority to
12 such representative is approved in advance by the Agency.
13 (2) For a partnership or sole proprietorship: a
14 general partner or the proprietor, respectively, or in
15 the case of a partnership in which all of the partners
16 are corporations, a duly authorized representative of the
17 partnership if the representative is responsible for the
18 overall operation of one or more manufacturing,
19 production, or operating facilities applying for or
20 subject to a permit and either (i) the facilities employ
21 more than 250 persons or have gross annual sales or
22 expenditures exceeding $25 million (in second quarter
23 1980 dollars), or (ii) the delegation of authority to
24 such representative is approved in advance by the Agency.
25 (3) For a municipality, State, Federal, or other
26 public agency: either a principal executive officer or
27 ranking elected official. For the purposes of this part,
28 a principal executive officer of a Federal agency
29 includes the chief executive officer having
30 responsibility for the overall operations of a principal
31 geographic unit of the agency (e.g., a Regional
32 Administrator of USEPA).
33 (4) For affected sources for acid deposition:
34 (i) The designated representative shall be the
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1 "responsible official" in so far as actions,
2 standards, requirements, or prohibitions under Title
3 IV of the Clean Air Act or the regulations
4 promulgated thereunder are concerned.
5 (ii) The designated representative may also be
6 the "responsible official" for any other purposes
7 with respect to air pollution control.
8 "Section 502(b)(10) changes" means changes that
9 contravene express permit terms. "Section 502(b)(10) changes"
10 do not include changes that would violate applicable
11 requirements or contravene federally enforceable permit terms
12 or conditions that are monitoring (including test methods),
13 recordkeeping, reporting, or compliance certification
14 requirements.
15 "Solid waste incineration unit" means a distinct
16 operating unit of any facility which combusts any solid waste
17 material from commercial or industrial establishments or the
18 general public (including single and multiple residences,
19 hotels, and motels). The term does not include incinerators
20 or other units required to have a permit under Section 3005
21 of the Solid Waste Disposal Act. The term also does not
22 include (A) materials recovery facilities (including primary
23 or secondary smelters) which combust waste for the primary
24 purpose of recovering metals, (B) qualifying small power
25 production facilities, as defined in Section 3(17)(C) of the
26 Federal Power Act (16 U.S.C. 769(17)(C)), or qualifying
27 cogeneration facilities, as defined in Section 3(18)(B) of
28 the Federal Power Act (16 U.S.C. 796(18)(B)), which burn
29 homogeneous waste (such as units which burn tires or used
30 oil, but not including refuse-derived fuel) for the
31 production of electric energy or in the case of qualifying
32 cogeneration facilities which burn homogeneous waste for the
33 production of electric energy and steam or forms of useful
34 energy (such as heat) which are used for industrial,
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1 commercial, heating or cooling purposes, or (C) air curtain
2 incinerators provided that such incinerators only burn wood
3 wastes, yard waste and clean lumber and that such air curtain
4 incinerators comply with opacity limitations to be
5 established by the USEPA by rule.
6 "Source" means any stationary source (or any group of
7 stationary sources that are located on one or more contiguous
8 or adjacent properties, and are under common control of the
9 same person or persons under common control) belonging to a
10 single major industrial grouping. For the purposes of
11 defining "source," a stationary source or group of stationary
12 sources shall be considered part of a single industrial
13 grouping if all of the pollutant emitting activities at such
14 source or group of sources on contiguous or adjacent property
15 belong to the same Major Group (i.e., all have the same
16 two-digit code) as described in the Standard Industrial
17 Classification Manual, 1987.
18 "Stationary source" means any building, structure,
19 facility, or installation that emits or may emit any
20 regulated air pollutant or any pollutant listed under Section
21 112(b) of the Clean Air Act.
22 "USEPA" means the Administrator of the United States
23 Environmental Protection Agency (USEPA) or a person
24 designated by the Administrator.
25 1.1. Exclusion From the CAAPP.
26 a. An owner or operator of a source which
27 determines that the source could be excluded from the
28 CAAPP may seek such exclusion prior to the date that the
29 CAAPP application for the source is due but in no case
30 later than 9 months after the effective date of the CAAPP
31 through the imposition of federally enforceable
32 conditions limiting the "potential to emit" of the source
33 to a level below the major source threshold for that
34 source as described in paragraph 2(c) of this Section,
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1 within a State operating permit issued pursuant to
2 Section 39(a) of this Act. After such date, an exclusion
3 from the CAAPP may be sought under paragraph 3(c) of this
4 Section.
5 b. An owner or operator of a source seeking
6 exclusion from the CAAPP pursuant to paragraph (a) of
7 this subsection must submit a permit application
8 consistent with the existing State permit program which
9 specifically requests such exclusion through the
10 imposition of such federally enforceable conditions.
11 c. Upon such request, if the Agency determines that
12 the owner or operator of a source has met the
13 requirements for exclusion pursuant to paragraph (a) of
14 this subsection and other applicable requirements for
15 permit issuance under Section 39(a) of this Act, the
16 Agency shall issue a State operating permit for such
17 source under Section 39(a) of this Act, as amended, and
18 regulations promulgated thereunder with federally
19 enforceable conditions limiting the "potential to emit"
20 of the source to a level below the major source threshold
21 for that source as described in paragraph 2(c) of this
22 Section.
23 d. The Agency shall provide an owner or operator of
24 a source which may be excluded from the CAAPP pursuant to
25 this subsection with reasonable notice that the owner or
26 operator may seek such exclusion.
27 e. The Agency shall provide such sources with the
28 necessary permit application forms.
29 2. Applicability.
30 a. Sources subject to this Section shall include:
31 i. Any major source as defined in paragraph
32 (c) of this subsection.
33 ii. Any source subject to a standard or other
34 requirements promulgated under Section 111 (New
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1 Source Performance Standards) or Section 112
2 (Hazardous Air Pollutants) of the Clean Air Act,
3 except that a source is not required to obtain a
4 permit solely because it is subject to regulations
5 or requirements under Section 112(r) of the Clean
6 Air Act.
7 iii. Any affected source for acid deposition,
8 as defined in subsection 1 of this Section.
9 iv. Any other source subject to this Section
10 under the Clean Air Act or regulations promulgated
11 thereunder, or applicable Board regulations.
12 b. Sources exempted from this Section shall
13 include:
14 i. All sources listed in paragraph (a) of this
15 subsection which are not major sources, affected
16 sources for acid deposition or solid waste
17 incineration units required to obtain a permit
18 pursuant to Section 129(e) of the Clean Air Act,
19 until the source is required to obtain a CAAPP
20 permit pursuant to the Clean Air Act or regulations
21 promulgated thereunder.
22 ii. Nonmajor sources subject to a standard or
23 other requirements subsequently promulgated by USEPA
24 under Section 111 or 112 of the Clean Air Act which
25 are determined by USEPA to be exempt at the time a
26 new standard is promulgated.
27 iii. All sources and source categories that
28 would be required to obtain a permit solely because
29 they are subject to Part 60, Subpart AAA - Standards
30 of Performance for New Residential Wood Heaters (40
31 CFR Part 60).
32 iv. All sources and source categories that
33 would be required to obtain a permit solely because
34 they are subject to Part 61, Subpart M - National
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1 Emission Standard for Hazardous Air Pollutants for
2 Asbestos, Section 61.145 (40 CFR Part 61).
3 v. Any other source categories exempted by
4 USEPA regulations pursuant to Section 502(a) of the
5 Clean Air Act.
6 c. For purposes of this Section the term "major
7 source" means any source that is:
8 i. A major source under Section 112 of the
9 Clean Air Act, which is defined as:
10 A. For pollutants other than
11 radionuclides, any stationary source or group
12 of stationary sources located within a
13 contiguous area and under common control that
14 emits or has the potential to emit, in the
15 aggregate, 10 tons per year (tpy) or more of
16 any hazardous air pollutant which has been
17 listed pursuant to Section 112(b) of the Clean
18 Air Act, 25 tpy or more of any combination of
19 such hazardous air pollutants, or such lesser
20 quantity as USEPA may establish by rule.
21 Notwithstanding the preceding sentence,
22 emissions from any oil or gas exploration or
23 production well (with its associated equipment)
24 and emissions from any pipeline compressor or
25 pump station shall not be aggregated with
26 emissions from other similar units, whether or
27 not such units are in a contiguous area or
28 under common control, to determine whether such
29 stations are major sources.
30 B. For radionuclides, "major source"
31 shall have the meaning specified by the USEPA
32 by rule.
33 ii. A major stationary source of air
34 pollutants, as defined in Section 302 of the Clean
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1 Air Act, that directly emits or has the potential to
2 emit, 100 tpy or more of any air pollutant
3 (including any major source of fugitive emissions of
4 any such pollutant, as determined by rule by USEPA).
5 For purposes of this subsection, "fugitive
6 emissions" means those emissions which could not
7 reasonably pass through a stack, chimney, vent, or
8 other functionally-equivalent opening. The fugitive
9 emissions of a stationary source shall not be
10 considered in determining whether it is a major
11 stationary source for the purposes of Section 302(j)
12 of the Clean Air Act, unless the source belongs to
13 one of the following categories of stationary
14 source:
15 A. Coal cleaning plants (with thermal
16 dryers).
17 B. Kraft pulp mills.
18 C. Portland cement plants.
19 D. Primary zinc smelters.
20 E. Iron and steel mills.
21 F. Primary aluminum ore reduction plants.
22 G. Primary copper smelters.
23 H. Municipal incinerators capable of
24 charging more than 250 tons of refuse per day.
25 I. Hydrofluoric, sulfuric, or nitric acid
26 plants.
27 J. Petroleum refineries.
28 K. Lime plants.
29 L. Phosphate rock processing plants.
30 M. Coke oven batteries.
31 N. Sulfur recovery plants.
32 O. Carbon black plants (furnace process).
33 P. Primary lead smelters.
34 Q. Fuel conversion plants.
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1 R. Sintering plants.
2 S. Secondary metal production plants.
3 T. Chemical process plants.
4 U. Fossil-fuel boilers (or combination
5 thereof) totaling more than 250 million British
6 thermal units per hour heat input.
7 V. Petroleum storage and transfer units
8 with a total storage capacity exceeding 300,000
9 barrels.
10 W. Taconite ore processing plants.
11 X. Glass fiber processing plants.
12 Y. Charcoal production plants.
13 Z. Fossil fuel-fired steam electric
14 plants of more than 250 million British thermal
15 units per hour heat input.
16 AA. All other stationary source
17 categories regulated by a standard promulgated
18 under Section 111 or 112 of the Clean Air Act,
19 but only with respect to those air pollutants
20 that have been regulated for that category.
21 BB. Any other stationary source category
22 designated by USEPA by rule.
23 iii. A major stationary source as defined in
24 part D of Title I of the Clean Air Act including:
25 A. For ozone nonattainment areas, sources
26 with the potential to emit 100 tons or more per
27 year of volatile organic compounds or oxides of
28 nitrogen in areas classified as "marginal" or
29 "moderate", 50 tons or more per year in areas
30 classified as "serious", 25 tons or more per
31 year in areas classified as "severe", and 10
32 tons or more per year in areas classified as
33 "extreme"; except that the references in this
34 clause to 100, 50, 25, and 10 tons per year of
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1 nitrogen oxides shall not apply with respect to
2 any source for which USEPA has made a finding,
3 under Section 182(f)(1) or (2) of the Clean Air
4 Act, that requirements otherwise applicable to
5 such source under Section 182(f) of the Clean
6 Air Act do not apply. Such sources shall
7 remain subject to the major source criteria of
8 paragraph 2(c)(ii) of this subsection.
9 B. For ozone transport regions
10 established pursuant to Section 184 of the
11 Clean Air Act, sources with the potential to
12 emit 50 tons or more per year of volatile
13 organic compounds (VOCs).
14 C. For carbon monoxide nonattainment
15 areas (1) that are classified as "serious", and
16 (2) in which stationary sources contribute
17 significantly to carbon monoxide levels as
18 determined under rules issued by USEPA, sources
19 with the potential to emit 50 tons or more per
20 year of carbon monoxide.
21 D. For particulate matter (PM-10)
22 nonattainment areas classified as "serious",
23 sources with the potential to emit 70 tons or
24 more per year of PM-10.
25 3. Agency Authority To Issue CAAPP Permits and Federally
26 Enforceable State Operating Permits.
27 a. The Agency shall issue CAAPP permits under this
28 Section consistent with the Clean Air Act and regulations
29 promulgated thereunder and this Act and regulations
30 promulgated thereunder.
31 b. The Agency shall issue CAAPP permits for fixed
32 terms of 5 years, except CAAPP permits issued for solid
33 waste incineration units combusting municipal waste which
34 shall be issued for fixed terms of 12 years and except
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1 CAAPP permits for affected sources for acid deposition
2 which shall be issued for initial terms to expire on
3 December 31, 1999, and for fixed terms of 5 years
4 thereafter.
5 c. The Agency shall have the authority to issue a
6 State operating permit for a source under Section 39(a)
7 of this Act, as amended, and regulations promulgated
8 thereunder, which includes federally enforceable
9 conditions limiting the "potential to emit" of the source
10 to a level below the major source threshold for that
11 source as described in paragraph 2(c) of this Section,
12 thereby excluding the source from the CAAPP, when
13 requested by the applicant pursuant to paragraph 5(u) of
14 this Section. The public notice requirements of this
15 Section applicable to CAAPP permits shall also apply to
16 the initial issuance of permits under this paragraph.
17 d. For purposes of this Act, a permit issued by
18 USEPA under Section 505 of the Clean Air Act, as now and
19 hereafter amended, shall be deemed to be a permit issued
20 by the Agency pursuant to Section 39.5 of this Act.
21 4. Transition.
22 a. An owner or operator of a CAAPP source shall not
23 be required to renew an existing State operating permit
24 for any emission unit at such CAAPP source once a CAAPP
25 application timely submitted prior to expiration of the
26 State operating permit has been deemed complete. For
27 purposes other than permit renewal, the obligation upon
28 the owner or operator of a CAAPP source to obtain a State
29 operating permit is not removed upon submittal of the
30 complete CAAPP permit application. An owner or operator
31 of a CAAPP source seeking to make a modification to a
32 source prior to the issuance of its CAAPP permit shall be
33 required to obtain a construction and/or operating permit
34 as required for such modification in accordance with the
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1 State permit program under Section 39(a) of this Act, as
2 amended, and regulations promulgated thereunder. The
3 application for such construction and/or operating permit
4 shall be considered an amendment to the CAAPP application
5 submitted for such source.
6 b. An owner or operator of a CAAPP source shall
7 continue to operate in accordance with the terms and
8 conditions of its applicable State operating permit
9 notwithstanding the expiration of the State operating
10 permit until the source's CAAPP permit has been issued.
11 c. An owner or operator of a CAAPP source shall
12 submit its initial CAAPP application to the Agency no
13 later than 12 months after the effective date of the
14 CAAPP. The Agency may request submittal of initial CAAPP
15 applications during this 12 month period according to a
16 schedule set forth within Agency procedures, however, in
17 no event shall the Agency require such submittal earlier
18 than 3 months after such effective date of the CAAPP. An
19 owner or operator may voluntarily submit its initial
20 CAAPP application prior to the date required within this
21 paragraph or applicable procedures, if any, subsequent to
22 the date the Agency submits the CAAPP to USEPA for
23 approval.
24 d. The Agency shall act on initial CAAPP
25 applications in accordance with subsection 5(j) of this
26 Section.
27 e. For purposes of this Section, the term "initial
28 CAAPP application" shall mean the first CAAPP application
29 submitted for a source existing as of the effective date
30 of the CAAPP.
31 f. The Agency shall provide owners or operators of
32 CAAPP sources with at least three months advance notice
33 of the date on which their applications are required to
34 be submitted. In determining which sources shall be
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1 subject to early submittal, the Agency shall include
2 among its considerations the complexity of the permit
3 application, and the burden that such early submittal
4 will have on the source.
5 g. The CAAPP permit shall upon becoming effective
6 supersede the State operating permit.
7 h. The Agency shall have the authority to adopt
8 procedural rules, in accordance with the Illinois
9 Administrative Procedure Act, as the Agency deems
10 necessary, to implement this subsection.
11 5. Applications and Completeness.
12 a. An owner or operator of a CAAPP source shall
13 submit its complete CAAPP application consistent with the
14 Act and applicable regulations.
15 b. An owner or operator of a CAAPP source shall
16 submit a single complete CAAPP application covering all
17 emission units at that source.
18 c. To be deemed complete, a CAAPP application must
19 provide all information, as requested in Agency
20 application forms, sufficient to evaluate the subject
21 source and its application and to determine all
22 applicable requirements, pursuant to the Clean Air Act,
23 and regulations thereunder, this Act and regulations
24 thereunder. Such Agency application forms shall be
25 finalized and made available prior to the date on which
26 any CAAPP application is required.
27 d. An owner or operator of a CAAPP source shall
28 submit, as part of its complete CAAPP application, a
29 compliance plan, including a schedule of compliance,
30 describing how each emission unit will comply with all
31 applicable requirements. Any such schedule of compliance
32 shall be supplemental to, and shall not sanction
33 noncompliance with, the applicable requirements on which
34 it is based.
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1 e. Each submitted CAAPP application shall be
2 certified for truth, accuracy, and completeness by a
3 responsible official in accordance with applicable
4 regulations.
5 f. The Agency shall provide notice to a CAAPP
6 applicant as to whether a submitted CAAPP application is
7 complete. Unless the Agency notifies the applicant of
8 incompleteness, within 60 days of receipt of the CAAPP
9 application, the application shall be deemed complete.
10 The Agency may request additional information as needed
11 to make the completeness determination. The Agency may
12 to the extent practicable provide the applicant with a
13 reasonable opportunity to correct deficiencies prior to a
14 final determination of completeness.
15 g. If after the determination of completeness the
16 Agency finds that additional information is necessary to
17 evaluate or take final action on the CAAPP application,
18 the Agency may request in writing such information from
19 the source with a reasonable deadline for response.
20 h. If the owner or operator of a CAAPP source
21 submits a timely and complete CAAPP application, the
22 source's failure to have a CAAPP permit shall not be a
23 violation of this Section until the Agency takes final
24 action on the submitted CAAPP application, provided,
25 however, where the applicant fails to submit the
26 requested information under paragraph 5(g) within the
27 time frame specified by the Agency, this protection shall
28 cease to apply.
29 i. Any applicant who fails to submit any relevant
30 facts necessary to evaluate the subject source and its
31 CAAPP application or who has submitted incorrect
32 information in a CAAPP application shall, upon becoming
33 aware of such failure or incorrect submittal, submit
34 supplementary facts or correct information to the Agency.
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1 In addition, an applicant shall provide to the Agency
2 additional information as necessary to address any
3 requirements which become applicable to the source
4 subsequent to the date the applicant submitted its
5 complete CAAPP application but prior to release of the
6 draft CAAPP permit.
7 j. The Agency shall issue or deny the CAAPP permit
8 within 18 months after the date of receipt of the
9 complete CAAPP application, with the following
10 exceptions: (i) permits for affected sources for acid
11 deposition shall be issued or denied within 6 months
12 after receipt of a complete application in accordance
13 with subsection 17 of this Section; (ii) the Agency shall
14 act on initial CAAPP applications within 24 months after
15 the date of receipt of the complete CAAPP application;
16 (iii) the Agency shall act on complete applications
17 containing early reduction demonstrations under Section
18 112(i)(5) of the Clean Air Act within 9 months of receipt
19 of the complete CAAPP application.
20 Where the Agency does not take final action on the
21 permit within the required time period, the permit shall
22 not be deemed issued; rather, the failure to act shall be
23 treated as a final permit action for purposes of judicial
24 review pursuant to Sections 40.2 and 41 of this Act.
25 k. The submittal of a complete CAAPP application
26 shall not affect the requirement that any source have a
27 preconstruction permit under Title I of the Clean Air
28 Act.
29 l. Unless a timely and complete renewal application
30 has been submitted consistent with this subsection, a
31 CAAPP source operating upon the expiration of its CAAPP
32 permit shall be deemed to be operating without a CAAPP
33 permit. Such operation is prohibited under this Act.
34 m. Permits being renewed shall be subject to the
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1 same procedural requirements, including those for public
2 participation and federal review and objection, that
3 apply to original permit issuance.
4 n. For purposes of permit renewal, a timely
5 application is one that is submitted no less than 9
6 months prior to the date of permit expiration.
7 o. The terms and conditions of a CAAPP permit shall
8 remain in effect until the issuance of a CAAPP renewal
9 permit provided a timely and complete CAAPP application
10 has been submitted.
11 p. The owner or operator of a CAAPP source seeking
12 a permit shield pursuant to paragraph 7(j) of this
13 Section shall request such permit shield in the CAAPP
14 application regarding that source.
15 q. The Agency shall make available to the public
16 all documents submitted by the applicant to the Agency,
17 including each CAAPP application, compliance plan
18 (including the schedule of compliance), and emissions or
19 compliance monitoring report, with the exception of
20 information entitled to confidential treatment pursuant
21 to Section 7 of this Act.
22 r. The Agency shall use the standardized forms
23 required under Title IV of the Clean Air Act and
24 regulations promulgated thereunder for affected sources
25 for acid deposition.
26 s. An owner or operator of a CAAPP source may
27 include within its CAAPP application a request for
28 permission to operate during a startup, malfunction, or
29 breakdown consistent with applicable Board regulations.
30 t. An owner or operator of a CAAPP source, in order
31 to utilize the operational flexibility provided under
32 paragraph 7(l) of this Section, must request such use and
33 provide the necessary information within its CAAPP
34 application.
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1 u. An owner or operator of a CAAPP source which
2 seeks exclusion from the CAAPP through the imposition of
3 federally enforceable conditions, pursuant to paragraph
4 3(c) of this Section, must request such exclusion within
5 a CAAPP application submitted consistent with this
6 subsection on or after the date that the CAAPP
7 application for the source is due. Prior to such date,
8 but in no case later than 9 months after the effective
9 date of the CAAPP, such owner or operator may request the
10 imposition of federally enforceable conditions pursuant
11 to paragraph 1.1(b) of this Section.
12 v. CAAPP applications shall contain accurate
13 information on allowable emissions to implement the fee
14 provisions of subsection 18 of this Section.
15 w. An owner or operator of a CAAPP source shall
16 submit within its CAAPP application emissions information
17 regarding all regulated air pollutants emitted at that
18 source consistent with applicable Agency procedures.
19 Emissions information regarding insignificant activities
20 or emission levels, as determined by the Agency pursuant
21 to Board regulations, may be submitted as a list within
22 the CAAPP application. The Agency shall propose
23 regulations to the Board defining insignificant
24 activities or emission levels, consistent with federal
25 regulations, if any, no later than 18 months after the
26 effective date of this amendatory Act of 1992, consistent
27 with Section 112(n)(1) of the Clean Air Act. The Board
28 shall adopt final regulations defining insignificant
29 activities or emission levels no later than 9 months
30 after the date of the Agency's proposal.
31 x. The owner or operator of a new CAAPP source
32 shall submit its complete CAAPP application consistent
33 with this subsection within 12 months after commencing
34 operation of such source. The owner or operator of an
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1 existing source that has been excluded from the
2 provisions of this Section under subsection 1.1 or
3 subsection 3(c) of this Section and that becomes subject
4 to the CAAPP solely due to a change in operation at the
5 source shall submit its complete CAAPP application
6 consistent with this subsection at least 180 days before
7 commencing operation in accordance with the change in
8 operation.
9 y. The Agency shall have the authority to adopt
10 procedural rules, in accordance with the Illinois
11 Administrative Procedure Act, as the Agency deems
12 necessary to implement this subsection.
13 6. Prohibitions.
14 a. It shall be unlawful for any person to violate
15 any terms or conditions of a permit issued under this
16 Section, to operate any CAAPP source except in compliance
17 with a permit issued by the Agency under this Section or
18 to violate any other applicable requirements. All terms
19 and conditions of a permit issued under this Section are
20 enforceable by USEPA and citizens under the Clean Air
21 Act, except those, if any, that are specifically
22 designated as not being federally enforceable in the
23 permit pursuant to paragraph 7(m) of this Section.
24 b. After the applicable CAAPP permit or renewal
25 application submittal date, as specified in subsection 5
26 of this Section, no person shall operate a CAAPP source
27 without a CAAPP permit unless the complete CAAPP permit
28 or renewal application for such source has been timely
29 submitted to the Agency.
30 c. No owner or operator of a CAAPP source shall
31 cause or threaten or allow the continued operation of an
32 emission source during malfunction or breakdown of the
33 emission source or related air pollution control
34 equipment if such operation would cause a violation of
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1 the standards or limitations applicable to the source,
2 unless the CAAPP permit granted to the source provides
3 for such operation consistent with this Act and
4 applicable Board regulations.
5 7. Permit Content.
6 a. All CAAPP permits shall contain emission
7 limitations and standards and other enforceable terms and
8 conditions, including but not limited to operational
9 requirements, and schedules for achieving compliance at
10 the earliest reasonable date, which are or will be
11 required to accomplish the purposes and provisions of
12 this Act and to assure compliance with all applicable
13 requirements.
14 b. The Agency shall include among such conditions
15 applicable monitoring, reporting, record keeping and
16 compliance certification requirements, as authorized by
17 paragraphs d, e, and f of this subsection, that the
18 Agency deems necessary to assure compliance with the
19 Clean Air Act, the regulations promulgated thereunder,
20 this Act, and applicable Board regulations. When
21 monitoring, reporting, record keeping, and compliance
22 certification requirements are specified within the Clean
23 Air Act, regulations promulgated thereunder, this Act, or
24 applicable regulations, such requirements shall be
25 included within the CAAPP permit. The Board shall have
26 authority to promulgate additional regulations where
27 necessary to accomplish the purposes of the Clean Air
28 Act, this Act, and regulations promulgated thereunder.
29 c. The Agency shall assure, within such conditions,
30 the use of terms, test methods, units, averaging periods,
31 and other statistical conventions consistent with the
32 applicable emission limitations, standards, and other
33 requirements contained in the permit.
34 d. To meet the requirements of this subsection with
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1 respect to monitoring, the permit shall:
2 i. Incorporate and identify all applicable
3 emissions monitoring and analysis procedures or test
4 methods required under the Clean Air Act,
5 regulations promulgated thereunder, this Act, and
6 applicable Board regulations, including any
7 procedures and methods promulgated by USEPA pursuant
8 to Section 504(b) or Section 114 (a)(3) of the Clean
9 Air Act.
10 ii. Where the applicable requirement does not
11 require periodic testing or instrumental or
12 noninstrumental monitoring (which may consist of
13 recordkeeping designed to serve as monitoring),
14 require periodic monitoring sufficient to yield
15 reliable data from the relevant time period that is
16 representative of the source's compliance with the
17 permit, as reported pursuant to paragraph (f) of
18 this subsection. The Agency may determine that
19 recordkeeping requirements are sufficient to meet
20 the requirements of this subparagraph.
21 iii. As necessary, specify requirements
22 concerning the use, maintenance, and when
23 appropriate, installation of monitoring equipment or
24 methods.
25 e. To meet the requirements of this subsection with
26 respect to record keeping, the permit shall incorporate
27 and identify all applicable recordkeeping requirements
28 and require, where applicable, the following:
29 i. Records of required monitoring information
30 that include the following:
31 A. The date, place and time of sampling
32 or measurements.
33 B. The date(s) analyses were performed.
34 C. The company or entity that performed
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1 the analyses.
2 D. The analytical techniques or methods
3 used.
4 E. The results of such analyses.
5 F. The operating conditions as existing
6 at the time of sampling or measurement.
7 ii. Retention of records of all monitoring
8 data and support information for a period of at
9 least 5 years from the date of the monitoring
10 sample, measurement, report, or application.
11 Support information includes all calibration and
12 maintenance records, original strip-chart recordings
13 for continuous monitoring instrumentation, and
14 copies of all reports required by the permit.
15 f. To meet the requirements of this subsection with
16 respect to reporting, the permit shall incorporate and
17 identify all applicable reporting requirements and
18 require the following:
19 i. Submittal of reports of any required
20 monitoring every 6 months. More frequent submittals
21 may be requested by the Agency if such submittals
22 are necessary to assure compliance with this Act or
23 regulations promulgated by the Board thereunder.
24 All instances of deviations from permit requirements
25 must be clearly identified in such reports. All
26 required reports must be certified by a responsible
27 official consistent with subsection 5 of this
28 Section.
29 ii. Prompt reporting of deviations from permit
30 requirements, including those attributable to upset
31 conditions as defined in the permit, the probable
32 cause of such deviations, and any corrective actions
33 or preventive measures taken.
34 g. Each CAAPP permit issued under subsection 10 of
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1 this Section shall include a condition prohibiting
2 emissions exceeding any allowances that the source
3 lawfully holds under Title IV of the Clean Air Act or the
4 regulations promulgated thereunder, consistent with
5 subsection 17 of this Section and applicable regulations,
6 if any.
7 h. All CAAPP permits shall state that, where
8 another applicable requirement of the Clean Air Act is
9 more stringent than any applicable requirement of
10 regulations promulgated under Title IV of the Clean Air
11 Act, both provisions shall be incorporated into the
12 permit and shall be State and federally enforceable.
13 i. Each CAAPP permit issued under subsection 10 of
14 this Section shall include a severability clause to
15 ensure the continued validity of the various permit
16 requirements in the event of a challenge to any portions
17 of the permit.
18 j. The following shall apply with respect to owners
19 or operators requesting a permit shield:
20 i. The Agency shall include in a CAAPP permit,
21 when requested by an applicant pursuant to paragraph
22 5(p) of this Section, a provision stating that
23 compliance with the conditions of the permit shall
24 be deemed compliance with applicable requirements
25 which are applicable as of the date of release of
26 the proposed permit, provided that:
27 A. The applicable requirement is
28 specifically identified within the permit; or
29 B. The Agency in acting on the CAAPP
30 application or revision determines in writing
31 that other requirements specifically identified
32 are not applicable to the source, and the
33 permit includes that determination or a concise
34 summary thereof.
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1 ii. The permit shall identify the requirements
2 for which the source is shielded. The shield shall
3 not extend to applicable requirements which are
4 promulgated after the date of release of the
5 proposed permit unless the permit has been modified
6 to reflect such new requirements.
7 iii. A CAAPP permit which does not expressly
8 indicate the existence of a permit shield shall not
9 provide such a shield.
10 iv. Nothing in this paragraph or in a CAAPP
11 permit shall alter or affect the following:
12 A. The provisions of Section 303
13 (emergency powers) of the Clean Air Act,
14 including USEPA's authority under that section.
15 B. The liability of an owner or operator
16 of a source for any violation of applicable
17 requirements prior to or at the time of permit
18 issuance.
19 C. The applicable requirements of the
20 acid rain program consistent with Section
21 408(a) of the Clean Air Act.
22 D. The ability of USEPA to obtain
23 information from a source pursuant to Section
24 114 (inspections, monitoring, and entry) of the
25 Clean Air Act.
26 k. Each CAAPP permit shall include an emergency
27 provision providing an affirmative defense of emergency
28 to an action brought for noncompliance with
29 technology-based emission limitations under a CAAPP
30 permit if the following conditions are met through
31 properly signed, contemporaneous operating logs, or other
32 relevant evidence:
33 i. An emergency occurred and the permittee can
34 identify the cause(s) of the emergency.
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1 ii. The permitted facility was at the time
2 being properly operated.
3 iii. The permittee submitted notice of the
4 emergency to the Agency within 2 working days of the
5 time when emission limitations were exceeded due to
6 the emergency. This notice must contain a detailed
7 description of the emergency, any steps taken to
8 mitigate emissions, and corrective actions taken.
9 iv. During the period of the emergency the
10 permittee took all reasonable steps to minimize
11 levels of emissions that exceeded the emission
12 limitations, standards, or requirements in the
13 permit.
14 For purposes of this subsection, "emergency" means
15 any situation arising from sudden and reasonably
16 unforeseeable events beyond the control of the source,
17 such as an act of God, that requires immediate corrective
18 action to restore normal operation, and that causes the
19 source to exceed a technology-based emission limitation
20 under the permit, due to unavoidable increases in
21 emissions attributable to the emergency. An emergency
22 shall not include noncompliance to the extent caused by
23 improperly designed equipment, lack of preventative
24 maintenance, careless or improper operation, or operation
25 error.
26 In any enforcement proceeding, the permittee
27 seeking to establish the occurrence of an emergency has
28 the burden of proof. This provision is in addition to
29 any emergency or upset provision contained in any
30 applicable requirement. This provision does not relieve
31 a permittee of any reporting obligations under existing
32 federal or state laws or regulations.
33 l. The Agency shall include in each permit issued
34 under subsection 10 of this Section:
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1 i. Terms and conditions for reasonably
2 anticipated operating scenarios identified by the
3 source in its application. The permit terms and
4 conditions for each such operating scenario shall
5 meet all applicable requirements and the
6 requirements of this Section.
7 A. Under this subparagraph, the source
8 must record in a log at the permitted facility
9 a record of the scenario under which it is
10 operating contemporaneously with making a
11 change from one operating scenario to another.
12 B. The permit shield described in
13 paragraph 7(j) of this Section shall extend to
14 all terms and conditions under each such
15 operating scenario.
16 ii. Where requested by an applicant, all terms
17 and conditions allowing for trading of emissions
18 increases and decreases between different emission
19 units at the CAAPP source, to the extent that the
20 applicable requirements provide for trading of such
21 emissions increases and decreases without a
22 case-by-case approval of each emissions trade. Such
23 terms and conditions:
24 A. Shall include all terms required under
25 this subsection to determine compliance;
26 B. Must meet all applicable requirements;
27 C. Shall extend the permit shield
28 described in paragraph 7(j) of this Section to
29 all terms and conditions that allow such
30 increases and decreases in emissions.
31 m. The Agency shall specifically designate as not
32 being federally enforceable under the Clean Air Act any
33 terms and conditions included in the permit that are not
34 specifically required under the Clean Air Act or federal
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1 regulations promulgated thereunder. Terms or conditions
2 so designated shall be subject to all applicable state
3 requirements, except the requirements of subsection 7
4 (other than this paragraph, paragraph q of subsection 7,
5 subsections 8 through 11, and subsections 13 through 16
6 of this Section. The Agency shall, however, include such
7 terms and conditions in the CAAPP permit issued to the
8 source.
9 n. Each CAAPP permit issued under subsection 10 of
10 this Section shall specify and reference the origin of
11 and authority for each term or condition, and identify
12 any difference in form as compared to the applicable
13 requirement upon which the term or condition is based.
14 o. Each CAAPP permit issued under subsection 10 of
15 this Section shall include provisions stating the
16 following:
17 i. Duty to comply. The permittee must comply
18 with all terms and conditions of the CAAPP permit.
19 Any permit noncompliance constitutes a violation of
20 the Clean Air Act and the Act, and is grounds for
21 any or all of the following: enforcement action;
22 permit termination, revocation and reissuance, or
23 modification; or denial of a permit renewal
24 application.
25 ii. Need to halt or reduce activity not a
26 defense. It shall not be a defense for a permittee
27 in an enforcement action that it would have been
28 necessary to halt or reduce the permitted activity
29 in order to maintain compliance with the conditions
30 of this permit.
31 iii. Permit actions. The permit may be
32 modified, revoked, reopened, and reissued, or
33 terminated for cause in accordance with the
34 applicable subsections of Section 39.5 of this Act.
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1 The filing of a request by the permittee for a
2 permit modification, revocation and reissuance, or
3 termination, or of a notification of planned changes
4 or anticipated noncompliance does not stay any
5 permit condition.
6 iv. Property rights. The permit does not
7 convey any property rights of any sort, or any
8 exclusive privilege.
9 v. Duty to provide information. The permittee
10 shall furnish to the Agency within a reasonable time
11 specified by the Agency any information that the
12 Agency may request in writing to determine whether
13 cause exists for modifying, revoking and reissuing,
14 or terminating the permit or to determine compliance
15 with the permit. Upon request, the permittee shall
16 also furnish to the Agency copies of records
17 required to be kept by the permit or, for
18 information claimed to be confidential, the
19 permittee may furnish such records directly to USEPA
20 along with a claim of confidentiality.
21 vi. Duty to pay fees. The permittee must pay
22 fees to the Agency consistent with the fee schedule
23 approved pursuant to subsection 18 of this Section,
24 and submit any information relevant thereto.
25 vii. Emissions trading. No permit revision
26 shall be required for increases in emissions allowed
27 under any approved economic incentives, marketable
28 permits, emissions trading, and other similar
29 programs or processes for changes that are provided
30 for in the permit and that are authorized by the
31 applicable requirement.
32 p. Each CAAPP permit issued under subsection 10 of
33 this Section shall contain the following elements with
34 respect to compliance:
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1 i. Compliance certification, testing,
2 monitoring, reporting, and record keeping
3 requirements sufficient to assure compliance with
4 the terms and conditions of the permit. Any
5 document (including reports) required by a CAAPP
6 permit shall contain a certification by a
7 responsible official that meets the requirements of
8 subsection 5 of this Section and applicable
9 regulations.
10 ii. Inspection and entry requirements that
11 necessitate that, upon presentation of credentials
12 and other documents as may be required by law and in
13 accordance with constitutional limitations, the
14 permittee shall allow the Agency, or an authorized
15 representative to perform the following:
16 A. Enter upon the permittee's premises
17 where a CAAPP source is located or
18 emissions-related activity is conducted, or
19 where records must be kept under the conditions
20 of the permit.
21 B. Have access to and copy, at reasonable
22 times, any records that must be kept under the
23 conditions of the permit.
24 C. Inspect at reasonable times any
25 facilities, equipment (including monitoring and
26 air pollution control equipment), practices, or
27 operations regulated or required under the
28 permit.
29 D. Sample or monitor any substances or
30 parameters at any location:
31 1. As authorized by the Clean Air
32 Act, at reasonable times, for the purposes
33 of assuring compliance with the CAAPP
34 permit or applicable requirements; or
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1 2. As otherwise authorized by this
2 Act.
3 iii. A schedule of compliance consistent with
4 subsection 5 of this Section and applicable
5 regulations.
6 iv. Progress reports consistent with an
7 applicable schedule of compliance pursuant to
8 paragraph 5(d) of this Section and applicable
9 regulations to be submitted semiannually, or more
10 frequently if the Agency determines that such more
11 frequent submittals are necessary for compliance
12 with the Act or regulations promulgated by the Board
13 thereunder. Such progress reports shall contain the
14 following:
15 A. Required dates for achieving the
16 activities, milestones, or compliance required
17 by the schedule of compliance and dates when
18 such activities, milestones or compliance were
19 achieved.
20 B. An explanation of why any dates in the
21 schedule of compliance were not or will not be
22 met, and any preventive or corrective measures
23 adopted.
24 v. Requirements for compliance certification
25 with terms and conditions contained in the permit,
26 including emission limitations, standards, or work
27 practices. Permits shall include each of the
28 following:
29 A. The frequency (annually or more
30 frequently as specified in any applicable
31 requirement or by the Agency pursuant to
32 written procedures) of submissions of
33 compliance certifications.
34 B. A means for assessing or monitoring
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1 the compliance of the source with its emissions
2 limitations, standards, and work practices.
3 C. A requirement that the compliance
4 certification include the following:
5 1. The identification of each term
6 or condition contained in the permit that
7 is the basis of the certification.
8 2. The compliance status.
9 3. Whether compliance was continuous
10 or intermittent.
11 4. The method(s) used for
12 determining the compliance status of the
13 source, both currently and over the
14 reporting period consistent with
15 subsection 7 of Section 39.5 of the Act.
16 D. A requirement that all compliance
17 certifications be submitted to USEPA as well as
18 to the Agency.
19 E. Additional requirements as may be
20 specified pursuant to Sections 114(a)(3) and
21 504(b) of the Clean Air Act.
22 F. Other provisions as the Agency may
23 require.
24 q. If the owner or operator of CAAPP source can
25 demonstrate in its CAAPP application, including an
26 application for a significant modification, that an
27 alternative emission limit would be equivalent to that
28 contained in the applicable Board regulations, the Agency
29 shall include the alternative emission limit in the CAAPP
30 permit, which shall supersede supercede the emission
31 limit set forth in the applicable Board regulations, and
32 shall include conditions that insure that the resulting
33 emission limit is quantifiable, accountable, enforceable,
34 and based on replicable procedures.
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1 8. Public Notice; Affected State Review.
2 a. The Agency shall provide notice to the public,
3 including an opportunity for public comment and a
4 hearing, on each draft CAAPP permit for issuance, renewal
5 or significant modification, subject to Sections 7(a) and
6 7.1 of this Act.
7 b. The Agency shall prepare a draft CAAPP permit
8 and a statement that sets forth the legal and factual
9 basis for the draft CAAPP permit conditions, including
10 references to the applicable statutory or regulatory
11 provisions. The Agency shall provide this statement to
12 any person who requests it.
13 c. The Agency shall give notice of each draft CAAPP
14 permit to the applicant and to any affected State on or
15 before the time that the Agency has provided notice to
16 the public, except as otherwise provided in this Act.
17 d. The Agency, as part of its submittal of a
18 proposed permit to USEPA (or as soon as possible after
19 the submittal for minor permit modification procedures
20 allowed under subsection 14 of this Section), shall
21 notify USEPA and any affected State in writing of any
22 refusal of the Agency to accept all of the
23 recommendations for the proposed permit that an affected
24 State submitted during the public or affected State
25 review period. The notice shall include the Agency's
26 reasons for not accepting the recommendations. The
27 Agency is not required to accept recommendations that are
28 not based on applicable requirements or the requirements
29 of this Section.
30 e. The Agency shall make available to the public
31 any CAAPP permit application, compliance plan (including
32 the schedule of compliance), CAAPP permit, and emissions
33 or compliance monitoring report. If an owner or operator
34 of a CAAPP source is required to submit information
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1 entitled to protection from disclosure under Section 7(a)
2 or Section 7.1 of this Act, the owner or operator shall
3 submit such information separately. The requirements of
4 Section 7(a) or Section 7.1 of this Act shall apply to
5 such information, which shall not be included in a CAAPP
6 permit unless required by law. The contents of a CAAPP
7 permit shall not be entitled to protection under Section
8 7(a) or Section 7.1 of this Act.
9 f. The Agency shall have the authority to adopt
10 procedural rules, in accordance with the Illinois
11 Administrative Procedure Act, as the Agency deems
12 necessary, to implement this subsection.
13 9. USEPA Notice and Objection.
14 a. The Agency shall provide to USEPA for its review
15 a copy of each CAAPP application (including any
16 application for permit modification), statement of basis
17 as provided in paragraph 8(b) of this Section, proposed
18 CAAPP permit, CAAPP permit, and, if the Agency does not
19 incorporate any affected State's recommendations on a
20 proposed CAAPP permit, a written statement of this
21 decision and its reasons for not accepting the
22 recommendations, except as otherwise provided in this Act
23 or by agreement with USEPA. To the extent practicable,
24 the preceding information shall be provided in computer
25 readable format compatible with USEPA's national database
26 management system.
27 b. The Agency shall not issue the proposed CAAPP
28 permit if USEPA objects in writing within 45 days of
29 receipt of the proposed CAAPP permit and all necessary
30 supporting information.
31 c. If USEPA objects in writing to the issuance of
32 the proposed CAAPP permit within the 45-day period, the
33 Agency shall respond in writing and may revise and
34 resubmit the proposed CAAPP permit in response to the
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1 stated objection, to the extent supported by the record,
2 within 90 days after the date of the objection. Prior to
3 submitting a revised permit to USEPA, the Agency shall
4 provide the applicant and any person who participated in
5 the public comment process, pursuant to subsection 8 of
6 this Section, with a 10-day period to comment on any
7 revision which the Agency is proposing to make to the
8 permit in response to USEPA's objection in accordance
9 with Agency procedures.
10 d. Any USEPA objection under this subsection,
11 according to the Clean Air Act, will include a statement
12 of reasons for the objection and a description of the
13 terms and conditions that must be in the permit, in order
14 to adequately respond to the objections. Grounds for a
15 USEPA objection include the failure of the Agency to:
16 (1) submit the items and notices required under this
17 subsection; (2) submit any other information necessary to
18 adequately review the proposed CAAPP permit; or (3)
19 process the permit under subsection 8 of this Section
20 except for minor permit modifications.
21 e. If USEPA does not object in writing to issuance
22 of a permit under this subsection, any person may
23 petition USEPA within 60 days after expiration of the
24 45-day review period to make such objection.
25 f. If the permit has not yet been issued and USEPA
26 objects to the permit as a result of a petition, the
27 Agency shall not issue the permit until USEPA's objection
28 has been resolved. The Agency shall provide a 10-day
29 comment period in accordance with paragraph c of this
30 subsection. A petition does not, however, stay the
31 effectiveness of a permit or its requirements if the
32 permit was issued after expiration of the 45-day review
33 period and prior to a USEPA objection.
34 g. If the Agency has issued a permit after
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1 expiration of the 45-day review period and prior to
2 receipt of a USEPA objection under this subsection in
3 response to a petition submitted pursuant to paragraph e
4 of this subsection, the Agency may, upon receipt of an
5 objection from USEPA, revise and resubmit the permit to
6 USEPA pursuant to this subsection after providing a
7 10-day comment period in accordance with paragraph c of
8 this subsection. If the Agency fails to submit a revised
9 permit in response to the objection, USEPA shall modify,
10 terminate or revoke the permit. In any case, the source
11 will not be in violation of the requirement to have
12 submitted a timely and complete application.
13 h. The Agency shall have the authority to adopt
14 procedural rules, in accordance with the Illinois
15 Administrative Procedure Act, as the Agency deems
16 necessary, to implement this subsection.
17 10. Final Agency Action.
18 a. The Agency shall issue a CAAPP permit, permit
19 modification, or permit renewal if all of the following
20 conditions are met:
21 i. The applicant has submitted a complete and
22 certified application for a permit, permit
23 modification, or permit renewal consistent with
24 subsections 5 and 14 of this Section, as applicable,
25 and applicable regulations.
26 ii. The applicant has submitted with its
27 complete application an approvable compliance plan,
28 including a schedule for achieving compliance,
29 consistent with subsection 5 of this Section and
30 applicable regulations.
31 iii. The applicant has timely paid the fees
32 required pursuant to subsection 18 of this Section
33 and applicable regulations.
34 iv. The Agency has received a complete CAAPP
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1 application and, if necessary, has requested and
2 received additional information from the applicant
3 consistent with subsection 5 of this Section and
4 applicable regulations.
5 v. The Agency has complied with all applicable
6 provisions regarding public notice and affected
7 State review consistent with subsection 8 of this
8 Section and applicable regulations.
9 vi. The Agency has provided a copy of each
10 CAAPP application, or summary thereof, pursuant to
11 agreement with USEPA and proposed CAAPP permit
12 required under subsection 9 of this Section to
13 USEPA, and USEPA has not objected to the issuance of
14 the permit in accordance with the Clean Air Act and
15 40 CFR Part 70.
16 b. The Agency shall have the authority to deny a
17 CAAPP permit, permit modification, or permit renewal if
18 the applicant has not complied with the requirements of
19 paragraphs (a)(i)-(a)(iv) of this subsection or if USEPA
20 objects to its issuance.
21 c. i. Prior to denial of a CAAPP permit, permit
22 modification, or permit renewal under this Section,
23 the Agency shall notify the applicant of the
24 possible denial and the reasons for the denial.
25 ii. Within such notice, the Agency shall
26 specify an appropriate date by which the applicant
27 shall adequately respond to the Agency's notice.
28 Such date shall not exceed 15 days from the date the
29 notification is received by the applicant. The
30 Agency may grant a reasonable extension for good
31 cause shown.
32 iii. Failure by the applicant to adequately
33 respond by the date specified in the notification or
34 by any granted extension date shall be grounds for
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1 denial of the permit.
2 For purposes of obtaining judicial review under
3 Sections 40.2 and 41 of this Act, the Agency shall
4 provide to USEPA and each applicant, and, upon
5 request, to affected States, any person who
6 participated in the public comment process, and any
7 other person who could obtain judicial review under
8 Sections 40.2 and 41 of this Act, a copy of each
9 CAAPP permit or notification of denial pertaining to
10 that party.
11 d. The Agency shall have the authority to adopt
12 procedural rules, in accordance with the Illinois
13 Administrative Procedure Act, as the Agency deems
14 necessary, to implement this subsection.
15 11. General Permits.
16 a. The Agency may issue a general permit covering
17 numerous similar sources, except for affected sources for
18 acid deposition unless otherwise provided in regulations
19 promulgated under Title IV of the Clean Air Act.
20 b. The Agency shall identify, in any general
21 permit, criteria by which sources may qualify for the
22 general permit.
23 c. CAAPP sources that would qualify for a general
24 permit must apply for coverage under the terms of the
25 general permit or must apply for a CAAPP permit
26 consistent with subsection 5 of this Section and
27 applicable regulations.
28 d. The Agency shall comply with the public comment
29 and hearing provisions of this Section as well as the
30 USEPA and affected State review procedures prior to
31 issuance of a general permit.
32 e. When granting a subsequent request by a
33 qualifying CAAPP source for coverage under the terms of a
34 general permit, the Agency shall not be required to
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1 repeat the public notice and comment procedures. The
2 granting of such request shall not be considered a final
3 permit action for purposes of judicial review.
4 f. The Agency may not issue a general permit to
5 cover any discrete emission unit at a CAAPP source if
6 another CAAPP permit covers emission units at the source.
7 g. The Agency shall have the authority to adopt
8 procedural rules, in accordance with the Illinois
9 Administrative Procedure Act, as the Agency deems
10 necessary, to implement this subsection.
11 12. Operational Flexibility.
12 a. An owner or operator of a CAAPP source may make
13 changes at the CAAPP source without requiring a prior
14 permit revision, consistent with subparagraphs (a) (i)
15 through (a) (iii) of this subsection, so long as the
16 changes are not modifications under any provision of
17 Title I of the Clean Air Act and they do not exceed the
18 emissions allowable under the permit (whether expressed
19 therein as a rate of emissions or in terms of total
20 emissions), provided that the owner or operator of the
21 CAAPP source provides USEPA and the Agency with written
22 notification as required below in advance of the proposed
23 changes, which shall be a minimum of 7 days, unless
24 otherwise provided by the Agency in applicable
25 regulations regarding emergencies. The owner or operator
26 of a CAAPP source and the Agency shall each attach such
27 notice to their copy of the relevant permit.
28 i. An owner or operator of a CAAPP source may
29 make Section 502 (b) (10) changes without a permit
30 revision, if the changes are not modifications under
31 any provision of Title I of the Clean Air Act and
32 the changes do not exceed the emissions allowable
33 under the permit (whether expressed therein as a
34 rate of emissions or in terms of total emissions).
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1 A. For each such change, the written
2 notification required above shall include a
3 brief description of the change within the
4 source, the date on which the change will
5 occur, any change in emissions, and any permit
6 term or condition that is no longer applicable
7 as a result of the change.
8 B. The permit shield described in
9 paragraph 7(j) of this Section shall not apply
10 to any change made pursuant to this
11 subparagraph.
12 ii. An owner or operator of a CAAPP source may
13 trade increases and decreases in emissions in the
14 CAAPP source, where the applicable implementation
15 plan provides for such emission trades without
16 requiring a permit revision. This provision is
17 available in those cases where the permit does not
18 already provide for such emissions trading.
19 A. Under this subparagraph (a)(ii), the
20 written notification required above shall
21 include such information as may be required by
22 the provision in the applicable implementation
23 plan authorizing the emissions trade, including
24 at a minimum, when the proposed changes will
25 occur, a description of each such change, any
26 change in emissions, the permit requirements
27 with which the source will comply using the
28 emissions trading provisions of the applicable
29 implementation plan, and the pollutants emitted
30 subject to the emissions trade. The notice
31 shall also refer to the provisions in the
32 applicable implementation plan with which the
33 source will comply and provide for the
34 emissions trade.
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1 B. The permit shield described in
2 paragraph 7(j) of this Section shall not apply
3 to any change made pursuant to this
4 subparagraph (a) (ii). Compliance with the
5 permit requirements that the source will meet
6 using the emissions trade shall be determined
7 according to the requirements of the applicable
8 implementation plan authorizing the emissions
9 trade.
10 iii. If requested within a CAAPP application,
11 the Agency shall issue a CAAPP permit which contains
12 terms and conditions, including all terms required
13 under subsection 7 of this Section to determine
14 compliance, allowing for the trading of emissions
15 increases and decreases at the CAAPP source solely
16 for the purpose of complying with a
17 federally-enforceable emissions cap that is
18 established in the permit independent of otherwise
19 applicable requirements. The owner or operator of a
20 CAAPP source shall include in its CAAPP application
21 proposed replicable procedures and permit terms that
22 ensure the emissions trades are quantifiable and
23 enforceable. The permit shall also require
24 compliance with all applicable requirements.
25 A. Under this subparagraph (a)(iii), the
26 written notification required above shall state
27 when the change will occur and shall describe
28 the changes in emissions that will result and
29 how these increases and decreases in emissions
30 will comply with the terms and conditions of
31 the permit.
32 B. The permit shield described in
33 paragraph 7(j) of this Section shall extend to
34 terms and conditions that allow such increases
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1 and decreases in emissions.
2 b. An owner or operator of a CAAPP source may make
3 changes that are not addressed or prohibited by the
4 permit, other than those which are subject to any
5 requirements under Title IV of the Clean Air Act or are
6 modifications under any provisions of Title I of the
7 Clean Air Act, without a permit revision, in accordance
8 with the following requirements:
9 (i) Each such change shall meet all applicable
10 requirements and shall not violate any existing
11 permit term or condition;
12 (ii) Sources must provide contemporaneous
13 written notice to the Agency and USEPA of each such
14 change, except for changes that qualify as
15 insignificant under provisions adopted by the Agency
16 or the Board. Such written notice shall describe
17 each such change, including the date, any change in
18 emissions, pollutants emitted, and any applicable
19 requirement that would apply as a result of the
20 change;
21 (iii) The change shall not qualify for the
22 shield described in paragraph 7(j) of this Section;
23 and
24 (iv) The permittee shall keep a record
25 describing changes made at the source that result in
26 emissions of a regulated air pollutant subject to an
27 applicable Clean Air Act requirement, but not
28 otherwise regulated under the permit, and the
29 emissions resulting from those changes.
30 c. The Agency shall have the authority to adopt
31 procedural rules, in accordance with the Illinois
32 Administrative Procedure Act, as the Agency deems
33 necessary to implement this subsection.
34 13. Administrative Permit Amendments.
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1 a. The Agency shall take final action on a request
2 for an administrative permit amendment within 60 days of
3 receipt of the request. Neither notice nor an
4 opportunity for public and affected State comment shall
5 be required for the Agency to incorporate such revisions,
6 provided it designates the permit revisions as having
7 been made pursuant to this subsection.
8 b. The Agency shall submit a copy of the revised
9 permit to USEPA.
10 c. For purposes of this Section the term
11 "administrative permit amendment" shall be defined as: a
12 permit revision that can accomplish one or more of the
13 changes described below:
14 i. Corrects typographical errors;
15 ii. Identifies a change in the name, address,
16 or phone number of any person identified in the
17 permit, or provides a similar minor administrative
18 change at the source;
19 iii. Requires more frequent monitoring or
20 reporting by the permittee;
21 iv. Allows for a change in ownership or
22 operational control of a source where the Agency
23 determines that no other change in the permit is
24 necessary, provided that a written agreement
25 containing a specific date for transfer of permit
26 responsibility, coverage, and liability between the
27 current and new permittees has been submitted to the
28 Agency;
29 v. Incorporates into the CAAPP permit the
30 requirements from preconstruction review permits
31 authorized under a USEPA-approved program, provided
32 the program meets procedural and compliance
33 requirements substantially equivalent to those
34 contained in this Section;
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1 vi. Incorporates into the CAAPP permit revised
2 limitations or other requirements resulting from the
3 application of an approved economic incentives rule,
4 a marketable permits rule or generic emissions
5 trading rule, where these rules have been approved
6 by USEPA and require changes thereunder to meet
7 procedural requirements substantially equivalent to
8 those specified in this Section; or
9 vii. Any other type of change which USEPA has
10 determined as part of the approved CAAPP permit
11 program to be similar to those included in this
12 subsection.
13 d. The Agency shall, upon taking final action
14 granting a request for an administrative permit
15 amendment, allow coverage by the permit shield in
16 paragraph 7(j) of this Section for administrative permit
17 amendments made pursuant to subparagraph (c)(v) of this
18 subsection which meet the relevant requirements for
19 significant permit modifications.
20 e. Permit revisions and modifications, including
21 administrative amendments and automatic amendments
22 (pursuant to Sections 408(b) and 403(d) of the Clean Air
23 Act or regulations promulgated thereunder), for purposes
24 of the acid rain portion of the permit shall be governed
25 by the regulations promulgated under Title IV of the
26 Clean Air Act. Owners or operators of affected sources
27 for acid deposition shall have the flexibility to amend
28 their compliance plans as provided in the regulations
29 promulgated under Title IV of the Clean Air Act.
30 f. The CAAPP source may implement the changes
31 addressed in the request for an administrative permit
32 amendment immediately upon submittal of the request.
33 g. The Agency shall have the authority to adopt
34 procedural rules, in accordance with the Illinois
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1 Administrative Procedure Act, as the Agency deems
2 necessary, to implement this subsection.
3 14. Permit Modifications.
4 a. Minor permit modification procedures.
5 i. The Agency shall review a permit
6 modification using the "minor permit" modification
7 procedures only for those permit modifications that:
8 A. Do not violate any applicable
9 requirement;
10 B. Do not involve significant changes to
11 existing monitoring, reporting, or
12 recordkeeping requirements in the permit;
13 C. Do not require a case-by-case
14 determination of an emission limitation or
15 other standard, or a source-specific
16 determination of ambient impacts, or a
17 visibility or increment analysis;
18 D. Do not seek to establish or change a
19 permit term or condition for which there is no
20 corresponding underlying requirement and which
21 avoids an applicable requirement to which the
22 source would otherwise be subject. Such terms
23 and conditions include:
24 1. A federally enforceable emissions
25 cap assumed to avoid classification as a
26 modification under any provision of Title
27 I of the Clean Air Act; and
28 2. An alternative emissions limit
29 approved pursuant to regulations
30 promulgated under Section 112(i)(5) of the
31 Clean Air Act;
32 E. Are not modifications under any
33 provision of Title I of the Clean Air Act; and
34 F. Are not required to be processed as a
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1 significant modification.
2 ii. Notwithstanding subparagraphs (a)(i) and
3 (b)(ii) of this subsection, minor permit
4 modification procedures may be used for permit
5 modifications involving the use of economic
6 incentives, marketable permits, emissions trading,
7 and other similar approaches, to the extent that
8 such minor permit modification procedures are
9 explicitly provided for in an applicable
10 implementation plan or in applicable requirements
11 promulgated by USEPA.
12 iii. An applicant requesting the use of minor
13 permit modification procedures shall meet the
14 requirements of subsection 5 of this Section and
15 shall include the following in its application:
16 A. A description of the change, the
17 emissions resulting from the change, and any
18 new applicable requirements that will apply if
19 the change occurs;
20 B. The source's suggested draft permit;
21 C. Certification by a responsible
22 official, consistent with paragraph 5(e) of
23 this Section and applicable regulations, that
24 the proposed modification meets the criteria
25 for use of minor permit modification procedures
26 and a request that such procedures be used; and
27 D. Completed forms for the Agency to use
28 to notify USEPA and affected States as required
29 under subsections 8 and 9 of this Section.
30 iv. Within 5 working days of receipt of a
31 complete permit modification application, the Agency
32 shall notify USEPA and affected States of the
33 requested permit modification in accordance with
34 subsections 8 and 9 of this Section. The Agency
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1 promptly shall send any notice required under
2 paragraph 8(d) of this Section to USEPA.
3 v. The Agency may not issue a final permit
4 modification until after the 45-day review period
5 for USEPA or until USEPA has notified the Agency
6 that USEPA will not object to the issuance of the
7 permit modification, whichever comes first, although
8 the Agency can approve the permit modification prior
9 to that time. Within 90 days of the Agency's
10 receipt of an application under the minor permit
11 modification procedures or 15 days after the end of
12 USEPA's 45-day review period under subsection 9 of
13 this Section, whichever is later, the Agency shall:
14 A. Issue the permit modification as
15 proposed;
16 B. Deny the permit modification
17 application;
18 C. Determine that the requested
19 modification does not meet the minor permit
20 modification criteria and should be reviewed
21 under the significant modification procedures;
22 or
23 D. Revise the draft permit modification
24 and transmit to USEPA the new proposed permit
25 modification as required by subsection 9 of
26 this Section.
27 vi. Any CAAPP source may make the change
28 proposed in its minor permit modification
29 application immediately after it files such
30 application. After the CAAPP source makes the
31 change allowed by the preceding sentence, and until
32 the Agency takes any of the actions specified in
33 subparagraphs (a)(v)(A) through (a)(v)(C) of this
34 subsection, the source must comply with both the
HB1269 Engrossed -598- LRB9001000EGfg
1 applicable requirements governing the change and the
2 proposed permit terms and conditions. During this
3 time period, the source need not comply with the
4 existing permit terms and conditions it seeks to
5 modify. If the source fails to comply with its
6 proposed permit terms and conditions during this
7 time period, the existing permit terms and
8 conditions which it seeks to modify may be enforced
9 against it.
10 vii. The permit shield under subparagraph 7(j)
11 of this Section may not extend to minor permit
12 modifications.
13 viii. If a construction permit is required,
14 pursuant to Section 39(a) of this Act and
15 regulations thereunder, for a change for which the
16 minor permit modification procedures are applicable,
17 the source may request that the processing of the
18 construction permit application be consolidated with
19 the processing of the application for the minor
20 permit modification. In such cases, the provisions
21 of this Section, including those within subsections
22 5, 8, and 9, shall apply and the Agency shall act on
23 such applications pursuant to subparagraph 14(a)(v).
24 The source may make the proposed change immediately
25 after filing its application for the minor permit
26 modification. Nothing in this subparagraph shall
27 otherwise affect the requirements and procedures
28 applicable to construction permits.
29 b. Group Processing of Minor Permit Modifications.
30 i. Where requested by an applicant within its
31 application, the Agency shall process groups of a
32 source's applications for certain modifications
33 eligible for minor permit modification processing
34 in accordance with the provisions of this paragraph
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1 (b).
2 ii. Permit modifications may be processed in
3 accordance with the procedures for group processing,
4 for those modifications:
5 A. Which meet the criteria for minor
6 permit modification procedures under
7 subparagraph 14(a)(i) of this Section; and
8 B. That collectively are below 10 percent
9 of the emissions allowed by the permit for the
10 emissions unit for which change is requested,
11 20 percent of the applicable definition of
12 major source set forth in subsection 2 of this
13 Section, or 5 tons per year, whichever is
14 least.
15 iii. An applicant requesting the use of group
16 processing procedures shall meet the requirements of
17 subsection 5 of this Section and shall include the
18 following in its application:
19 A. A description of the change, the
20 emissions resulting from the change, and any
21 new applicable requirements that will apply if
22 the change occurs.
23 B. The source's suggested draft permit.
24 C. Certification by a responsible
25 official consistent with paragraph 5(e) of this
26 Section, that the proposed modification meets
27 the criteria for use of group processing
28 procedures and a request that such procedures
29 be used.
30 D. A list of the source's other pending
31 applications awaiting group processing, and a
32 determination of whether the requested
33 modification, aggregated with these other
34 applications, equals or exceeds the threshold
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1 set under subparagraph (b)(ii)(B) of this
2 subsection.
3 E. Certification, consistent with
4 paragraph 5(e), that the source has notified
5 USEPA of the proposed modification. Such
6 notification need only contain a brief
7 description of the requested modification.
8 F. Completed forms for the Agency to use
9 to notify USEPA and affected states as required
10 under subsections 8 and 9 of this Section.
11 iv. On a quarterly basis or within 5 business
12 days of receipt of an application demonstrating that
13 the aggregate of a source's pending applications
14 equals or exceeds the threshold level set forth
15 within subparagraph (b)(ii)(B) of this subsection,
16 whichever is earlier, the Agency shall promptly
17 notify USEPA and affected States of the requested
18 permit modifications in accordance with subsections
19 8 and 9 of this Section. The Agency shall send any
20 notice required under paragraph 8(d) of this Section
21 to USEPA.
22 v. The provisions of subparagraph (a)(v) of
23 this subsection shall apply to modifications
24 eligible for group processing, except that the
25 Agency shall take one of the actions specified in
26 subparagraphs (a)(v)(A) through (a)(v)(D) of this
27 subsection within 180 days of receipt of the
28 application or 15 days after the end of USEPA's
29 45-day review period under subsection 9 of this
30 Section, whichever is later.
31 vi. The provisions of subparagraph (a)(vi) of
32 this subsection shall apply to modifications for
33 group processing.
34 vii. The provisions of paragraph 7(j) of this
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1 Section shall not apply to modifications eligible
2 for group processing.
3 c. Significant Permit Modifications.
4 i. Significant modification procedures shall
5 be used for applications requesting significant
6 permit modifications and for those applications that
7 do not qualify as either minor permit modifications
8 or as administrative permit amendments.
9 ii. Every significant change in existing
10 monitoring permit terms or conditions and every
11 relaxation of reporting or recordkeeping
12 requirements shall be considered significant. A
13 modification shall also be considered significant if
14 in the judgment of the Agency action on an
15 application for modification would require decisions
16 to be made on technically complex issues. Nothing
17 herein shall be construed to preclude the permittee
18 from making changes consistent with this Section
19 that would render existing permit compliance terms
20 and conditions irrelevant.
21 iii. Significant permit modifications must
22 meet all the requirements of this Section, including
23 those for applications (including completeness
24 review), public participation, review by affected
25 States, and review by USEPA applicable to initial
26 permit issuance and permit renewal. The Agency
27 shall take final action on significant permit
28 modifications within 9 months after receipt of a
29 complete application.
30 d. The Agency shall have the authority to adopt
31 procedural rules, in accordance with the Illinois
32 Administrative Procedure Act, as the Agency deems
33 necessary, to implement this subsection.
34 15. Reopenings for Cause by the Agency.
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1 a. Each issued CAAPP permit shall include
2 provisions specifying the conditions under which the
3 permit will be reopened prior to the expiration of the
4 permit. Such revisions shall be made as expeditiously as
5 practicable. A CAAPP permit shall be reopened and
6 revised under any of the following circumstances, in
7 accordance with procedures adopted by the Agency:
8 i. Additional requirements under the Clean Air
9 Act become applicable to a major CAAPP source for
10 which 3 or more years remain on the original term of
11 the permit. Such a reopening shall be completed not
12 later than 18 months after the promulgation of the
13 applicable requirement. No such revision is
14 required if the effective date of the requirement is
15 later than the date on which the permit is due to
16 expire.
17 ii. Additional requirements (including excess
18 emissions requirements) become applicable to an
19 affected source for acid deposition under the acid
20 rain program. Excess emissions offset plans shall
21 be deemed to be incorporated into the permit upon
22 approval by USEPA.
23 iii. The Agency or USEPA determines that the
24 permit contains a material mistake or that
25 inaccurate statements were made in establishing the
26 emissions standards, limitations, or other terms or
27 conditions of the permit.
28 iv. The Agency or USEPA determines that the
29 permit must be revised or revoked to assure
30 compliance with the applicable requirements.
31 b. In the event that the Agency determines that
32 there are grounds for revoking a CAAPP permit, for cause,
33 consistent with paragraph a of this subsection, it shall
34 file a petition before the Board setting forth the basis
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1 for such revocation. In any such proceeding, the Agency
2 shall have the burden of establishing that the permit
3 should be revoked under the standards set forth in this
4 Act and the Clean Air Act. Any such proceeding shall be
5 conducted pursuant to the Board's procedures for
6 adjudicatory hearings and the Board shall render its
7 decision within 120 days of the filing of the petition.
8 The Agency shall take final action to revoke and reissue
9 a CAAPP permit consistent with the Board's order.
10 c. Proceedings regarding a reopened CAAPP permit
11 shall follow the same procedures as apply to initial
12 permit issuance and shall affect only those parts of the
13 permit for which cause to reopen exists.
14 d. Reopenings under paragraph (a) of this
15 subsection shall not be initiated before a notice of such
16 intent is provided to the CAAPP source by the Agency at
17 least 30 days in advance of the date that the permit is
18 to be reopened, except that the Agency may provide a
19 shorter time period in the case of an emergency.
20 e. The Agency shall have the authority to adopt
21 procedural rules, in accordance with the Illinois
22 Administrative Procedure Act, as the Agency deems
23 necessary, to implement this subsection.
24 16. Reopenings for Cause by USEPA.
25 a. When USEPA finds that cause exists to terminate,
26 modify, or revoke and reissue a CAAPP permit pursuant to
27 subsection 15 of this Section, and thereafter notifies
28 the Agency and the permittee of such finding in writing,
29 the Agency shall forward to USEPA and the permittee a
30 proposed determination of termination, modification, or
31 revocation and reissuance as appropriate, in accordance
32 with paragraph b of this subsection. The Agency's
33 proposed determination shall be in accordance with the
34 record, the Clean Air Act, regulations promulgated
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1 thereunder, this Act and regulations promulgated
2 thereunder. Such proposed determination shall not affect
3 the permit or constitute a final permit action for
4 purposes of this Act or the Administrative Review Law.
5 The Agency shall forward to USEPA such proposed
6 determination within 90 days after receipt of the
7 notification from USEPA. If additional time is necessary
8 to submit the proposed determination, the Agency shall
9 request a 90-day extension from USEPA and shall submit
10 the proposed determination within 180 days of receipt of
11 notification from USEPA.
12 b. i. Prior to the Agency's submittal to USEPA
13 of a proposed determination to terminate or revoke
14 and reissue the permit, the Agency shall file a
15 petition before the Board setting forth USEPA's
16 objection, the permit record, the Agency's proposed
17 determination, and the justification for its
18 proposed determination. The Board shall conduct a
19 hearing pursuant to the rules prescribed by Section
20 32 of this Act, and the burden of proof shall be on
21 the Agency.
22 ii. After due consideration of the written and
23 oral statements, the testimony and arguments that
24 shall be submitted at hearing, the Board shall issue
25 and enter an interim order for the proposed
26 determination, which shall set forth all changes, if
27 any, required in the Agency's proposed
28 determination. The interim order shall comply with
29 the requirements for final orders as set forth in
30 Section 33 of this Act. Issuance of an interim order
31 by the Board under this paragraph, however, shall
32 not affect the permit status and does not constitute
33 a final action for purposes of this Act or the
34 Administrative Review Law.
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1 iii. The Board shall cause a copy of its
2 interim order to be served upon all parties to the
3 proceeding as well as upon USEPA. The Agency shall
4 submit the proposed determination to USEPA in
5 accordance with the Board's Interim Order within 180
6 days after receipt of the notification from USEPA.
7 c. USEPA shall review the proposed determination to
8 terminate, modify, or revoke and reissue the permit
9 within 90 days of receipt.
10 i. When USEPA reviews the proposed
11 determination to terminate or revoke and reissue and
12 does not object, the Board shall, within 7 days of
13 receipt of USEPA's final approval, enter the interim
14 order as a final order. The final order may be
15 appealed as provided by Title XI of this Act. The
16 Agency shall take final action in accordance with
17 the Board's final order.
18 ii. When USEPA reviews such proposed
19 determination to terminate or revoke and reissue and
20 objects, the Agency shall submit USEPA's objection
21 and the Agency's comments and recommendation on the
22 objection to the Board and permittee. The Board
23 shall review its interim order in response to
24 USEPA's objection and the Agency's comments and
25 recommendation and issue a final order in accordance
26 with Sections 32 and 33 of this Act. The Agency
27 shall, within 90 days after receipt of such
28 objection, respond to USEPA's objection in
29 accordance with the Board's final order.
30 iii. When USEPA reviews such proposed
31 determination to modify and objects, the Agency
32 shall, within 90 days after receipt of the
33 objection, resolve the objection and modify the
34 permit in accordance with USEPA's objection, based
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1 upon the record, the Clean Air Act, regulations
2 promulgated thereunder, this Act, and regulations
3 promulgated thereunder.
4 d. If the Agency fails to submit the proposed
5 determination pursuant to paragraph a of this subsection
6 or fails to resolve any USEPA objection pursuant to
7 paragraph c of this subsection, USEPA will terminate,
8 modify, or revoke and reissue the permit.
9 e. The Agency shall have the authority to adopt
10 procedural rules, in accordance with the Illinois
11 Administrative Procedure Act, as the Agency deems
12 necessary, to implement this subsection.
13 17. Title IV; Acid Rain Provisions.
14 a. The Agency shall act on initial CAAPP
15 applications for affected sources for acid deposition in
16 accordance with this Section and Title V of the Clean Air
17 Act and regulations promulgated thereunder, except as
18 modified by Title IV of the Clean Air Act and regulations
19 promulgated thereunder. The Agency shall issue initial
20 CAAPP permits to the affected sources for acid deposition
21 which shall become effective no earlier than January 1,
22 1995, and which shall terminate on December 31, 1999, in
23 accordance with this Section. Subsequent CAAPP permits
24 issued to affected sources for acid deposition shall be
25 issued for a fixed term of 5 years.
26 b. A designated representative of an affected
27 source for acid deposition shall submit a timely and
28 complete Phase II acid rain permit application and
29 compliance plan to the Agency, not later than January 1,
30 1996, that meets the requirements of Titles IV and V of
31 the Clean Air Act and regulations. The Agency shall act
32 on the Phase II acid rain permit application and
33 compliance plan in accordance with this Section and Title
34 V of the Clean Air Act and regulations promulgated
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1 thereunder, except as modified by Title IV of the Clean
2 Air Act and regulations promulgated thereunder. The
3 Agency shall issue the Phase II acid rain permit to an
4 affected source for acid deposition no later than
5 December 31, 1997, which shall become effective on
6 January 1, 2000, in accordance with this Section, except
7 as modified by Title IV and regulations promulgated
8 thereunder; provided that the designated representative
9 of the source submitted a timely and complete Phase II
10 permit application and compliance plan to the Agency that
11 meets the requirements of Title IV and V of the Clean Air
12 Act and regulations.
13 c. Each Phase II acid rain permit issued in
14 accordance with this subsection shall have a fixed term
15 of 5 years. Except as provided in paragraph b above, the
16 Agency shall issue or deny a Phase II acid rain permit
17 within 18 months of receiving a complete Phase II permit
18 application and compliance plan.
19 d. A designated representative of a new unit, as
20 defined in Section 402 of the Clean Air Act, shall submit
21 a timely and complete Phase II acid rain permit
22 application and compliance plan that meets the
23 requirements of Titles IV and V of the Clean Air Act and
24 its regulations. The Agency shall act on the new unit's
25 Phase II acid rain permit application and compliance plan
26 in accordance with this Section and Title V of the Clean
27 Air Act and its regulations, except as modified by Title
28 IV of the Clean Air Act and its regulations. The Agency
29 shall reopen the new unit's CAAPP permit for cause to
30 incorporate the approved Phase II acid rain permit in
31 accordance with this Section. The Phase II acid rain
32 permit for the new unit shall become effective no later
33 than the date required under Title IV of the Clean Air
34 Act and its regulations.
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1 e. A designated representative of an affected
2 source for acid deposition shall submit a timely and
3 complete Title IV NOx permit application to the Agency,
4 not later than January 1, 1998, that meets the
5 requirements of Titles IV and V of the Clean Air Act and
6 its regulations. The Agency shall reopen the Phase II
7 acid rain permit for cause and incorporate the approved
8 NOx provisions into the Phase II acid rain permit not
9 later than January 1, 1999, in accordance with this
10 Section, except as modified by Title IV of the Clean Air
11 Act and regulations promulgated thereunder. Such
12 reopening shall not affect the term of the Phase II acid
13 rain permit.
14 f. The designated representative of the affected
15 source for acid deposition shall renew the initial CAAPP
16 permit and Phase II acid rain permit in accordance with
17 this Section and Title V of the Clean Air Act and
18 regulations promulgated thereunder, except as modified by
19 Title IV of the Clean Air Act and regulations promulgated
20 thereunder.
21 g. In the case of an affected source for acid
22 deposition for which a complete Phase II acid rain permit
23 application and compliance plan are timely received under
24 this subsection, the complete permit application and
25 compliance plan, including amendments thereto, shall be
26 binding on the owner, operator and designated
27 representative, all affected units for acid deposition at
28 the affected source, and any other unit, as defined in
29 Section 402 of the Clean Air Act, governed by the Phase
30 II acid rain permit application and shall be enforceable
31 as an acid rain permit for purposes of Titles IV and V of
32 the Clean Air Act, from the date of submission of the
33 acid rain permit application until a Phase II acid rain
34 permit is issued or denied by the Agency.
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1 h. The Agency shall not include or implement any
2 measure which would interfere with or modify the
3 requirements of Title IV of the Clean Air Act or
4 regulations promulgated thereunder.
5 i. Nothing in this Section shall be construed as
6 affecting allowances or USEPA's decision regarding an
7 excess emissions offset plan, as set forth in Title IV of
8 the Clean Air Act or regulations promulgated thereunder.
9 i. No permit revision shall be required for
10 increases in emissions that are authorized by
11 allowances acquired pursuant to the acid rain
12 program, provided that such increases do not require
13 a permit revision under any other applicable
14 requirement.
15 ii. No limit shall be placed on the number of
16 allowances held by the source. The source may not,
17 however, use allowances as a defense to
18 noncompliance with any other applicable requirement.
19 iii. Any such allowance shall be accounted for
20 according to the procedures established in
21 regulations promulgated under Title IV of the Clean
22 Air Act.
23 j. To the extent that the federal regulations
24 promulgated under Title IV are inconsistent with the
25 federal regulations promulgated under Title V, the
26 federal regulations promulgated under Title IV shall take
27 precedence.
28 k. The USEPA may intervene as a matter of right in
29 any permit appeal involving a Phase II acid rain permit
30 provision or denial of a Phase II acid rain permit.
31 l. It is unlawful for any owner or operator to
32 violate any terms or conditions of a Phase II acid rain
33 permit issued under this subsection, to operate any
34 affected source for acid deposition except in compliance
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1 with a Phase II acid rain permit issued by the Agency
2 under this subsection, or to violate any other applicable
3 requirements.
4 m. The designated representative of an affected
5 source for acid deposition shall submit to the Agency the
6 data and information submitted quarterly to USEPA,
7 pursuant to 40 CFR 75.64, concurrently with the
8 submission to USEPA. The submission shall be in the same
9 electronic format as specified by USEPA.
10 n. The Agency shall act on any petition for
11 exemption of a new unit or retired unit, as those terms
12 are defined in Section 402 of the Clean Air Act, from the
13 requirements of the acid rain program in accordance with
14 Title IV of the Clean Air Act and its regulations.
15 o. The Agency shall have the authority to adopt
16 procedural rules, in accordance with the Illinois
17 Administrative Procedure Act, as the Agency deems
18 necessary to implement this subsection.
19 18. Fee Provisions.
20 a. For each 12 month period after the date on which
21 the USEPA approves or conditionally approves the CAAPP,
22 but in no event prior to January 1, 1994, a source
23 subject to this Section or excluded under subsection 1.1
24 or paragraph 3(c) of this Section, shall pay a fee as
25 provided in this part (a) of this subsection 18.
26 However, a source that has been excluded from the
27 provisions of this Section under subsection 1.1 or
28 paragraph 3(c) of this Section because the source emits
29 less than 25 tons per year of any combination of
30 regulated air pollutants shall pay fees in accordance
31 with paragraph (1) of subsection (b) of Section 9.6.
32 i. The fee for a source allowed to emit less
33 than 100 tons per year of any combination of
34 regulated air pollutants shall be $1,000 per year.
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1 ii. The fee for a source allowed to emit 100
2 tons or more per year of any combination of
3 regulated air pollutants, except for those regulated
4 air pollutants excluded in paragraph 18(f) of this
5 subsection, shall be as follows:
6 A. The Agency shall assess an annual fee
7 of $13.50 per ton for the allowable emissions
8 of all regulated air pollutants at that source
9 during the term of the permit. These fees
10 shall be used by the Agency and the Board to
11 fund the activities required by Title V of the
12 Clean Air Act including such activities as may
13 be carried out by other State or local agencies
14 pursuant to paragraph (d) of this subsection.
15 The amount of such fee shall be based on the
16 information supplied by the applicant in its
17 complete CAAPP permit application or in the
18 CAAPP permit if the permit has been granted and
19 shall be determined by the amount of emissions
20 that the source is allowed to emit annually,
21 provided however, that no source shall be
22 required to pay an annual fee in excess of
23 $100,000. The Agency shall provide as part of
24 the permit application form required under
25 subsection 5 of this Section a separate fee
26 calculation form which will allow the applicant
27 to identify the allowable emissions and
28 calculate the fee for the term of the permit.
29 In no event shall the Agency raise the amount
30 of allowable emissions requested by the
31 applicant unless such increases are required to
32 demonstrate compliance with terms of a CAAPP
33 permit.
34 Notwithstanding the above, any applicant
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1 may seek a change in its permit which would
2 result in increases in allowable emissions due
3 to an increase in the hours of operation or
4 production rates of an emission unit or units
5 and such a change shall be consistent with the
6 construction permit requirements of the
7 existing State permit program, under Section
8 39(a) of this Act and applicable provisions of
9 this Section. Where a construction permit is
10 required, the Agency shall expeditiously grant
11 such construction permit and shall, if
12 necessary, modify the CAAPP permit based on the
13 same application.
14 B. Except for the first year of the
15 CAAPP, the applicant or permittee may pay the
16 fee annually or semiannually for those fees
17 greater than $5,000.
18 b. For fiscal year 1996 and each fiscal year
19 thereafter, to the extent that permit fees collected and
20 deposited in the CAA Permit Fund during that fiscal year
21 exceed 115% of the actual expenditures (excluding permit
22 fee reimbursements) from the CAA Permit Fund for that
23 fiscal year (including lapse period spending), the excess
24 shall be reimbursed to the permittees in proportion to
25 their original fee payments. Such reimbursements shall
26 be made during the next fiscal year and may be made in
27 the form of a credit against that fiscal year's permit
28 fee.
29 c. There shall be created a CAA Fee Panel of 5
30 persons. The Panel shall:
31 i. If it deems necessary on an annual basis,
32 render advisory opinions to the Agency and the
33 General Assembly regarding the appropriate level of
34 Title V Clean Air Act fees for the next fiscal year.
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1 Such advisory opinions shall be based on a study of
2 the operations of the Agency and any other entity
3 requesting appropriations from the CAA Permit Fund.
4 This study shall recommend changes in the fee
5 structure, if warranted. The study will be based on
6 the ability of the Agency or other entity to
7 effectively utilize the funds generated as well as
8 the entity's conformance with the objectives and
9 measurable benchmarks identified by the Agency as
10 justification for the prior year's fee. Such
11 advisory opinions shall be submitted to the
12 appropriation committees no later than April 15th of
13 each year.
14 ii. Not be compensated for their services, but
15 shall receive reimbursement for their expenses.
16 iii. Be appointed as follows: 4 members by
17 the Director of the Agency from a list of no more
18 than 8 persons, submitted by representatives of
19 associations who represent facilities subject to the
20 provisions of this subsection and the Director of
21 the Agency or designee.
22 d. There is hereby created in the State Treasury a
23 special fund to be known as the "CAA Permit Fund". All
24 Funds collected by the Agency pursuant to this subsection
25 shall be deposited into the Fund. The General Assembly
26 shall appropriate monies from this Fund to the Agency and
27 to the Board to carry out their obligations under this
28 Section. The General Assembly may also authorize monies
29 to be granted by the Agency from this Fund to other State
30 and local agencies which perform duties related to the
31 CAAPP. Interest generated on the monies deposited in this
32 Fund shall be returned to the Fund. The General Assembly
33 may appropriate up to the sum of $25,000 to the Agency
34 from the CAA Permit Fund for use by the Panel in carrying
HB1269 Engrossed -614- LRB9001000EGfg
1 out its responsibilities under this subsection.
2 e. The Agency shall have the authority to adopt
3 procedural rules, in accordance with the Illinois
4 Administrative Procedure Act, as the Agency deems
5 necessary to implement this subsection.
6 f. For purposes of this subsection, the term
7 "regulated air pollutant" shall have the meaning given to
8 it under subsection 1 of this Section but shall exclude
9 the following:
10 i. carbon monoxide;
11 ii. any Class I or II substance which is a
12 regulated air pollutant solely because it is listed
13 pursuant to Section 602 of the Clean Air Act;
14 iii. any pollutant that is a regulated air
15 pollutant solely because it is subject to a standard
16 or regulation under Section 112(r) of the Clean Air
17 Act based on the emissions allowed in the permit
18 effective in that calendar year, at the time the
19 applicable bill is generated; and
20 iv. during the years 1995 through 1999
21 inclusive, any emissions from affected sources for
22 acid deposition under Section 408(c)(4) of the Clean
23 Air Act.
24 19. Air Toxics Provisions.
25 a. In the event that the USEPA fails to promulgate
26 in a timely manner a standard pursuant to Section 112(d)
27 of the Clean Air Act, the Agency shall have the authority
28 to issue permits, pursuant to Section 112(j) of the Clean
29 Air Act and regulations promulgated thereunder, which
30 contain emission limitations which are equivalent to the
31 emission limitations that would apply to a source if an
32 emission standard had been promulgated in a timely manner
33 by USEPA pursuant to Section 112(d). Provided, however,
34 that the owner or operator of a source shall have the
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1 opportunity to submit to the Agency a proposed emission
2 limitation which it determines to be equivalent to the
3 emission limitations that would apply to such source if
4 an emission standard had been promulgated in a timely
5 manner by USEPA. If the Agency refuses to include the
6 emission limitation proposed by the owner or operator in
7 a CAAPP permit, the owner or operator may petition the
8 Board to establish whether the emission limitation
9 proposal submitted by the owner or operator provides for
10 emission limitations which are equivalent to the emission
11 limitations that would apply to the source if the
12 emission standard had been promulgated by USEPA in a
13 timely manner. The Board shall determine whether the
14 emission limitation proposed by the owner or operator or
15 an alternative emission limitation proposed by the Agency
16 provides for the level of control required under Section
17 112 of the Clean Air Act, or shall otherwise establish an
18 appropriate emission limitation, pursuant to Section 112
19 of the Clean Air Act.
20 b. Any Board proceeding brought under paragraph (a)
21 or (e) of this subsection shall be conducted according to
22 the Board's procedures for adjudicatory hearings and the
23 Board shall render its decision within 120 days of the
24 filing of the petition. Any such decision shall be
25 subject to review pursuant to Section 41 of this Act.
26 Where USEPA promulgates an applicable emission standard
27 prior to the issuance of the CAAPP permit, the Agency
28 shall include in the permit the promulgated standard,
29 provided that the source shall have the compliance period
30 provided under Section 112(i) of the Clean Air Act. Where
31 USEPA promulgates an applicable standard subsequent to
32 the issuance of the CAAPP permit, the Agency shall revise
33 such permit upon the next renewal to reflect the
34 promulgated standard, providing a reasonable time for the
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1 applicable source to comply with the standard, but no
2 longer than 8 years after the date on which the source is
3 first required to comply with the emissions limitation
4 established under this subsection.
5 c. The Agency shall have the authority to implement
6 and enforce complete or partial emission standards
7 promulgated by USEPA pursuant to Section 112(d), and
8 standards promulgated by USEPA pursuant to Sections
9 112(f), 112(h), 112(m), and 112(n), and may accept
10 delegation of authority from USEPA to implement and
11 enforce Section 112(l) and requirements for the
12 prevention and detection of accidental releases pursuant
13 to Section 112(r) of the Clean Air Act.
14 d. The Agency shall have the authority to issue
15 permits pursuant to Section 112(i)(5) of the Clean Air
16 Act.
17 e. The Agency has the authority to implement
18 Section 112(g) of the Clean Air Act consistent with the
19 Clean Air Act and federal regulations promulgated
20 thereunder. If the Agency refuses to include the emission
21 limitations proposed in an application submitted by an
22 owner or operator for a case-by-case maximum achievable
23 control technology (MACT) determination, the owner or
24 operator may petition the Board to determine whether the
25 emission limitation proposed by the owner or operator or
26 an alternative emission limitation proposed by the Agency
27 provides for a level of control required by Section 112
28 of the Clean Air Act, or to otherwise establish an
29 appropriate emission limitation under Section 112 of the
30 Clean Air Act.
31 20. Small Business.
32 a. For purposes of this subsection:
33 "Program" is the Small Business Stationary Source
34 Technical and Environmental Compliance Assistance Program
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1 created within this State pursuant to Section 507 of the
2 Clean Air Act and guidance promulgated thereunder, to
3 provide technical assistance and compliance information
4 to small business stationary sources;
5 "Small Business Assistance Program" is a component
6 of the Program responsible for providing sufficient
7 communications with small businesses through the
8 collection and dissemination of information to small
9 business stationary sources; and
10 "Small Business Stationary Source" means a
11 stationary source that:
12 1. is owned or operated by a person that
13 employs 100 or fewer individuals;
14 2. is a small business concern as defined in
15 the "Small Business Act";
16 3. is not a major source as that term is
17 defined in subsection 2 of this Section;
18 4. does not emit 50 tons or more per year of
19 any regulated air pollutant; and
20 5. emits less than 75 tons per year of all
21 regulated pollutants.
22 b. The Agency shall adopt and submit to USEPA,
23 after reasonable notice and opportunity for public
24 comment, as a revision to the Illinois state
25 implementation plan, plans for establishing the Program.
26 c. The Agency shall have the authority to enter
27 into such contracts and agreements as the Agency deems
28 necessary to carry out the purposes of this subsection.
29 d. The Agency may establish such procedures as it
30 may deem necessary for the purposes of implementing and
31 executing its responsibilities under this subsection.
32 e. There shall be appointed a Small Business
33 Ombudsman (hereinafter in this subsection referred to as
34 "Ombudsman") to monitor the Small Business Assistance
HB1269 Engrossed -618- LRB9001000EGfg
1 Program. The Ombudsman shall be a nonpartisan designated
2 official, with the ability to independently assess
3 whether the goals of the Program are being met.
4 f. The State Ombudsman Office shall be located in
5 an existing Ombudsman office within the State or in any
6 State Department.
7 g. There is hereby created a State Compliance
8 Advisory Panel (hereinafter in this subsection referred
9 to as "Panel") for determining the overall effectiveness
10 of the Small Business Assistance Program within this
11 State.
12 h. The selection of Panel members shall be by the
13 following method:
14 1. The Governor shall select two members who
15 are not owners or representatives of owners of small
16 business stationary sources to represent the general
17 public;
18 2. The Director of the Agency shall select one
19 member to represent the Agency; and
20 3. The State Legislature shall select four
21 members who are owners or representatives of owners
22 of small business stationary sources. Both the
23 majority and minority leadership in both Houses of
24 the Legislature shall appoint one member of the
25 panel.
26 i. Panel members should serve without compensation
27 but will receive full reimbursement for expenses
28 including travel and per diem as authorized within this
29 State.
30 j. The Panel shall select its own Chair by a
31 majority vote. The Chair may meet and consult with the
32 Ombudsman and the head of the Small Business Assistance
33 Program in planning the activities for the Panel.
34 21. Temporary Sources.
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1 a. The Agency may issue a single permit authorizing
2 emissions from similar operations by the same source
3 owner or operator at multiple temporary locations, except
4 for sources which are affected sources for acid
5 deposition under Title IV of the Clean Air Act.
6 b. The applicant must demonstrate that the
7 operation is temporary and will involve at least one
8 change of location during the term of the permit.
9 c. Any such permit shall meet all applicable
10 requirements of this Section and applicable regulations,
11 and include conditions assuring compliance with all
12 applicable requirements at all authorized locations and
13 requirements that the owner or operator notify the Agency
14 at least 10 days in advance of each change in location.
15 22. Solid Waste Incineration Units.
16 a. A CAAPP permit for a solid waste incineration
17 unit combusting municipal waste subject to standards
18 promulgated under Section 129(e) of the Clean Air Act
19 shall be issued for a period of 12 years and shall be
20 reviewed every 5 years, unless the Agency requires more
21 frequent review through Agency procedures.
22 b. During the review in paragraph (a) of this
23 subsection, the Agency shall fully review the previously
24 submitted CAAPP permit application and corresponding
25 reports subsequently submitted to determine whether the
26 source is in compliance with all applicable requirements.
27 c. If the Agency determines that the source is not
28 in compliance with all applicable requirements it shall
29 revise the CAAPP permit as appropriate.
30 d. The Agency shall have the authority to adopt
31 procedural rules, in accordance with the Illinois
32 Administrative Procedure Act, as the Agency deems
33 necessary, to implement this subsection.
34 (Source: P.A. 88-464; 88-668, eff. 9-16-94; 89-79, eff.
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1 6-30-95; revised 1-24-97.)
2 (415 ILCS 5/55.8) (from Ch. 111 1/2, par. 1055.8)
3 Sec. 55.8. Tire retailers.
4 (a) Beginning July 1, 1992, any person selling tires at
5 retail or offering tires for retail sale in this State shall:
6 (1) collect from retail customers a fee of one
7 dollar per tire sold and delivered in this State to be
8 paid to the Department of Revenue and deposited into the
9 Used Tire Management Fund, less a collection allowance of
10 10 cents per tire to be retained by the retail seller and
11 a collection allowance of 10 cents per tire to be
12 retained by the Department of Revenue and paid into the
13 General Revenue Fund;
14 (2) accept for recycling used tires from customers,
15 at the point of transfer, in a quantity equal to the
16 number of new tires purchased; and
17 (3) post in a conspicuous place a written notice at
18 least 8.5 by 11 inches in size that includes the
19 universal recycling symbol and the following statements:
20 "DO NOT put used tires in the trash."; "Recycle your used
21 tires."; and "State law requires us to accept used tires
22 for recycling, in exchange for new tires purchased.".
23 (b) A person who accepts used tires for recycling under
24 subsection (a) shall not allow the tires to accumulate for
25 periods of more than 90 days.
26 (c) The requirements of subsection (a) of this Section
27 do not apply to mail order sales nor shall the retail sale of
28 a motor vehicle be considered to be the sale of tires
29 at retail or offering of tires for retail sale. Instead of
30 filing returns, retailers of tires may remit the tire user
31 fee of $1.00 per tire to their suppliers of tires if the
32 supplier of tires is a registered retailer of tires and
33 agrees or otherwise arranges to collect and remit the tire
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1 fee to the Department of Revenue, notwithstanding the fact
2 that the sale of the tire is a sale for resale and not a sale
3 at retail. A tire supplier who enters into such an
4 arrangement with a tire retailer shall be liable for the tax
5 on all tires sold to the tire retailer and must (i) provide
6 the tire retailer with a receipt that separately seperately
7 reflects the tire tax collected from the retailer on each
8 transaction and (ii) accept used tires for recycling from the
9 retailer's customers. The tire supplier shall be entitled to
10 the collection allowance of 10 cents per tire.
11 The retailer of the tires must maintain in its books and
12 records evidence that the appropriate fee was paid to the
13 tire supplier and that the tire supplier has agreed to remit
14 the fee to the Department of Revenue for each tire sold by
15 the retailer. Otherwise, the tire retailer shall be directly
16 liable for the fee on all tires sold at retail. Tire
17 retailers paying the fee to their suppliers are not entitled
18 to the collection allowance of 10 cents per tire.
19 (d) The requirements of subsection (a) of this Section
20 shall apply exclusively to tires to be used for vehicles
21 defined in Section 1-217 of the Illinois Vehicle Code,
22 aircraft tires, special mobile equipment, and implements of
23 husbandry.
24 (e) The requirements of paragraph (1) of subsection (a)
25 do not apply to the sale of reprocessed tires. For purposes
26 of this Section, "reprocessed tire" means a used tire that
27 has been recapped, retreaded, or regrooved and that has not
28 been placed on a vehicle wheel rim.
29 (Source: P.A. 87-727; 87-1250; revised 2-7-97.)
30 Section 3-135. The Illinois Pesticide Act is amended by
31 changing Section 13 as follows:
32 (415 ILCS 60/13) (from Ch. 5, par. 813)
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1 Sec. 13. Pesticide dealers. Any pesticide dealer who
2 sells Restricted Use pesticides shall be registered with the
3 Department on forms provided by the Director. Registration
4 shall consist of passing a required examination and payment
5 of a $100 registration fee.
6 Dealers who hold a Structural Pest Control license with
7 the Illinois Department of Public Health or a Commercial
8 Applicator's license with the Illinois Department of
9 Agriculture are exempt from the registration fee but must
10 register with the Department.
11 Each place of business which sells restricted use
12 pesticides shall be considered a separate entity for the
13 purpose of registration.
14 Registration as a pesticide dealer shall expire on
15 December 31 of each year. Pesticide dealers shall be
16 certified in accordance with Section 9 of this Act.
17 The Director may prescribe, by regulation, requirements
18 for the registration and testing of any pesticide dealer
19 selling other than restricted use pesticides and such
20 regulations shall include the establishment of a registration
21 fee.
22 The Department may refuse to issue or may suspend the
23 registration of any person who fails to file a return, or to
24 pay the tax, penalty or interest shown in a filed return, or
25 to pay any final assessment of tax, penalty or interest, as
26 required by any tax Act administered by the Illinois
27 Department of Revenue, until such time as the requirements of
28 any such tax Act are satisfied.
29 (Source: P.A. 85-177; 86-1172; 87-1108; 89-657, eff. 8-14-96;
30 revised 10-24-96.)
31 Section 3-140. The Radiation Installation Act is amended
32 by changing Section 3 as follows:
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1 (420 ILCS 30/3) (from Ch. 111 1/2, par. 196)
2 Sec. 3. The registration requirements of this Act shall
3 not apply to the following materials, machines or conditions:
4 (a) Natural radioactive materials of an equivalent
5 specific radioactivity not exceeding that of natural
6 potassium, except when such materials are produced, stored,
7 used, handled or disposed in such quantity or fashion that
8 any person might receive within a week a radiation dose
9 exceeding one-tenth the maximum permissible total weekly dose
10 for any critical organ exposed, as determined by the
11 standards established by the National Committee on Radiation
12 Protection.
13 (b) Radioactive material in such quantity that if the
14 entire amount were taken internally, continuously, or at one
15 time by a person, no harmful effect would be likely to
16 result. Listings of the upper limits of quantities of
17 radioactive materials which are exempt from registration are
18 given in the following table. These limits apply only for
19 radioactive material not contained in sealed sources:
20 Upper Upper Upper
21 Radio- Limit Radio- Limit Radio- Limit
22 active Micro- active Micro- active Micro-
23 Material curie Material curie Material curie
24 210 48 200
25 Pb 1 V 100 Tl 100
26 210 59 204
27 Po 1 Fe 100 Tl 100
28 211 65 203
29 At 1 An 100 Pb 100
30 226 72 234
31 Ra 1 Ga 100 Th 100
32 227 76 3
33 Ac 1 As 100 H 1000
34 233 86 7
35 U 1 Rb 100 Be 1000
36 239 89 14
37 Pu 1 Sr 100 C 1000
38 241 91 24
39 Am 1 Y 100 Na 1000
40 242 95 35
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1 Cm 1 Nb 100 S 1000
2 46 96 42
3 Sc 10 Tc 100 K 1000
4 60 105 51
5 Co 10 Rh 100 Cr 1000
6 90 109 55
7 Sr 10 Cd 100 Fe 1000
8 105 111 56
9 Ag 10 Ag 100 Mn 1000
10 106 113 59
11 Ru 10 Sn 100 Ni 1000
12 129 127 64
13 Te 10 Te 100 Cu 1000
14 131 140 71
15 I 10 Ba 100 Ge 1000
16 137 140 99
17 Cs 10 La 100 Mo 1000
18 144 143 103
19 Ce 10 Pr 100 Pd 1000
20 154 151 147
21 Eu 10 Sm 100 Pm 1000
22 181 166 190
23 W 10 Ho 100 Ir 1000
24 183 170 196
25 Re 10 Ta 100 Au 1000
26 192 177 201
27 Ir 10 Lu 100 Tl 1000
28 32 182 202
29 P 100 Tm 100 Tl 1000
30 36 191
31 Cl 100 Pt 100 Natural U 1000
32 45 193
33 Ca 100 Pt 100 Natural Th 1000
34 47 198
35 Sc 100 Au 100
36 48 199
37 Sc 100 Au 100
38 (c) Radioactive materials in sealed sources in total
39 quantities not exceeding one millicurie for a given
40 installation.
41 (d) Timepieces, instruments, novelties or devices
42 containing self-luminous elements, except during the
43 manufacture of the self-luminous elements and the production
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1 of said timepieces, instruments, novelties; and except when
2 the timepieces, instruments, novelties or devices are stored,
3 used, repaired, handled or disposed in such quantity or
4 fashion that any person might receive within a week a
5 radiation dose exceeding one-tenth the maximum permissible
6 total weekly dose for any critical organ exposed, as
7 determined by the standards established by the National
8 Committee on Radiation Protection.
9 (e) Electrical equipment that is primarily not intended
10 to produce radiation and which operates in such a manner that
11 no person may receive within a week a radiation dose
12 exceeding one-tenth the maximum permissible total weekly dose
13 for any critical organ exposed, as determined by the
14 standards established by the National Committee on Radiation
15 Protection. Provided, the production testing or production
16 servicing of all such electrical equipment shall not be
17 exempt from registration.
18 (f) Any radioactive material or radiation machine being
19 transported on vessels, aircraft, railroad cars or motor
20 vehicles in conformity with regulations adopted by any agency
21 having jurisdiction over safety during transportation.
22 (g) Radiation machines, radioactive materials and
23 radiation installations which the Department of Public Health
24 finds to be without radiation hazard, as determined by the
25 standards established by the National Committee on Radiation
26 Protection.
27 (Source: Laws 1957, p. 1169; revised 3-19-96.)
28 Section 3-145. The Radiation Protection Act of 1990 is
29 amended by changing Section 6 as follows:
30 (420 ILCS 40/6) (from Ch. 111 1/2, par. 210-6)
31 Sec. 6. Accreditation of administrators of radiation;
32 Limited scope accreditation; Rules and regulations;
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1 Education.
2 (a) The Department shall promulgate such rules and
3 regulations as are necessary to establish accreditation
4 standards and procedures, including a minimum course of
5 education and continuing education requirements in the
6 administration of radiation to human beings, which are
7 appropriate to the classification of accreditation and which
8 are to be met by all nurses, technicians, or other assistants
9 who administer radiation to human beings under the
10 supervision of a person licensed under the Medical Practice
11 Act of 1987. Such rules and regulations may provide for
12 different classes of accreditation based on evidence of
13 national certification, clinical experience or community
14 hardship as conditions of initial and continuing
15 accreditation. The rules and regulations of the Department
16 shall be consistent with national standards in regard to the
17 protection of the health and safety of the general public.
18 (b) The rules and regulations shall also provide that
19 persons who have been accredited by the Department, in
20 accordance with the Radiation Protection Act, without passing
21 an examination, will remain accredited as provided in Section
22 43 of this Act and that those persons may be accredited,
23 without passing an examination, to use other equipment,
24 procedures, or supervision within the original category of
25 accreditation if the Department receives written assurances
26 from a person licensed under the Medical Practice Practices
27 Act of 1987, that the person accredited has the necessary
28 skill and qualifications for such additional equipment
29 procedures or supervision. The Department shall, in
30 accordance with subsection (c) of this Section, provide for
31 the accreditation of nurses, technicians, or other
32 assistants, unless exempted elsewhere in this Act, to perform
33 a limited scope of diagnostic radiography procedures of the
34 chest, the extremities, skull and sinuses, or the spine,
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1 while under the supervision of a person licensed under the
2 Medical Practice Act of 1987.
3 (c) The rules or regulations promulgated by the
4 Department pursuant to subsection (a) shall establish
5 standards and procedures for accrediting persons to perform a
6 limited scope of diagnostic radiography procedures. The rules
7 or regulations shall require persons seeking limited scope
8 accreditation to register with the Department as a
9 "student-in-training," and declare those procedures in which
10 the student will be receiving training. The
11 student-in-training registration shall be valid for a period
12 of 16 months, during which the time the student may, under
13 the supervision of a person licensed under the Medical
14 Practice Act of 1987, perform the diagnostic radiography
15 procedures listed on the student's registration. The
16 student-in-training registration shall be nonrenewable.
17 Upon expiration of the 16 month training period, the
18 student shall be prohibited from performing diagnostic
19 radiography procedures unless accredited by the Department to
20 perform such procedures. In order to be accredited to
21 perform a limited scope of diagnostic radiography procedures,
22 an individual must pass an examination offered by the
23 Department. The examination shall be consistent with
24 national standards in regard to protection of public health
25 and safety. The examination shall consist of a standardized
26 component covering general principles applicable to
27 diagnostic radiography procedures and a clinical component
28 specific to the types of procedures for which accreditation
29 is being sought. The Department may assess a reasonable fee
30 for such examinations to cover the costs incurred by the
31 Department in conjunction with offering the examinations.
32 (d) The Department shall by rule or regulation exempt
33 from accreditation nurses, technicians or other assistants
34 who administer radiation to human beings under supervision of
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1 a person licensed to practice under the Medical Practice Act
2 of 1987 when the services are performed on employees of a
3 business at a medical facility owned and operated by the
4 business. Such exemption shall only apply to the equipment,
5 procedures and supervision specific to the medical facility
6 owned and operated by the business.
7 (Source: P.A. 86-1341; revised 2-11-97.)
8 Section 3-150. The Hennepin Canal Parkway State Park Act
9 is amended by changing Section 5 as follows:
10 (615 ILCS 105/5) (from Ch. 105, par. 482e)
11 Sec. 5. Rock Falls Dam. The Department of Natural
12 Resources Conservation, with the approval of the Department
13 of Transportation, is authorized to lease, in whole or in
14 part, to the City of Rock Falls, or its successors or
15 assigns, for a period not to exceed 60 years, the Rock Falls
16 Dam at Sterling Rock Falls, Illinois, and the necessary State
17 owned land, surplus waters and appurtenances for hydropower
18 development. All such leased property shall be deemed a part
19 of the electric system of the City of Rock Falls, Illinois,
20 and the said City is hereby expressly authorized in
21 connection therewith to acquire, construct, own, operate and
22 maintain without its corporate limits electric generating
23 facilities and appurtenances at or near the said Rock Falls
24 Dam. All revenue received from such leases shall be
25 deposited in the State Treasury in the special fund known as
26 the State Parks Fund and shall be used only for those
27 purposes described in Section 8.11 of the an "Act in relation
28 to State Finance Act", approved June 10, 1919, as now or
29 hereafter amended.
30 (Source: P.A. 83-300; revised 2-14-96.)
31 Section 3-155. The Criminal Code of 1961 is amended by
HB1269 Engrossed -629- LRB9001000EGfg
1 changing Section 12-21 as follows:
2 (720 ILCS 5/12-21) (from Ch. 38, par. 12-21)
3 Sec. 12-21. Criminal neglect of an elderly or disabled
4 person.
5 (a) A person commits the offense of criminal neglect of
6 an elderly or disabled person when he is a caregiver and he
7 knowingly:
8 (1) performs acts which cause the elderly or
9 disabled person's life to be endangered, health to be
10 injured, or pre-existing physical or mental condition to
11 deteriorate; or
12 (2) fails to perform acts which he knows or
13 reasonably should know are necessary to maintain or
14 preserve the life or health of the elderly or disabled
15 person and such failure causes the elderly or disabled
16 person's life to be endangered, health to be injured or
17 pre-existing physical or mental condition to deteriorate;
18 or
19 (3) abandons the elderly or disabled person.
20 Criminal neglect of an elderly person is a Class 3
21 felony.
22 (b) For purposes of this Section:
23 (1) "Elderly person" means a person 60 years of age
24 or older who is suffering from a disease or infirmity
25 associated with advanced age and manifested by physical,
26 mental or emotional dysfunctioning to the extent that
27 such person is incapable of adequately providing for his
28 own health and personal care.
29 (2) "Disabled person" means a person who suffers
30 from a permanent physical or mental impairment, resulting
31 from disease, injury, functional disorder or congenital
32 condition which renders such person incapable of
33 adequately providing for his own health and personal
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1 care.
2 (3) "Caregiver" means a person who has a duty to
3 provide for an elderly or disabled person's health and
4 personal care, at such person's place of residence,
5 including but not limited to, food and nutrition,
6 shelter, hygiene, prescribed medication and medical care
7 and treatment.
8 "Caregiver" shall include:
9 (A) a parent, spouse, adult child or other
10 relative by blood or marriage who resides with or
11 resides in the same building with and regularly
12 visits the elderly or disabled person, knows or
13 reasonably should know of such person's physical or
14 mental impairment and knows or reasonably should
15 know that such person is unable to adequately
16 provide for his own health and personal care;
17 (B) a person who is employed by the elderly or
18 disabled person or by another to reside with or
19 regularly visit the elderly or disabled person and
20 provide for such person's health and personal care;
21 (C) a person who has agreed for consideration
22 to reside with or regularly visit the elderly or
23 disabled person and provide for such person's health
24 and personal care; and
25 (D) a person who has been appointed by a
26 private or public agency or by a court of competent
27 jurisdiction to provide for the elderly or disabled
28 person's health and personal care.
29 "Caregiver" shall not include a long-term care
30 facility licensed or certified under the Nursing Home
31 Care Act or any administrative, medical or other
32 personnel of such a facility, or a health care provider
33 who is licensed under the Medical Practice Act of 1987
34 and renders care in the ordinary course of his
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1 profession.
2 (4) "Abandon" means to desert or knowingly forsake
3 foresake an elderly or disabled person under
4 circumstances in which a reasonable person would continue
5 to provide care and custody.
6 (c) Nothing in this Section shall be construed to limit
7 the remedies available to the victim under the Illinois
8 Domestic Violence Act.
9 (d) Nothing in this Section shall be construed to impose
10 criminal liability on a person who has made a good faith
11 effort to provide for the health and personal care of an
12 elderly or disabled person, but through no fault of his own
13 has been unable to provide such care.
14 (e) Nothing in this Section shall be construed as
15 prohibiting a person from providing treatment by spiritual
16 means through prayer alone and care consistent therewith in
17 lieu of medical care and treatment in accordance with the
18 tenets and practices of any church or religious denomination
19 of which the elderly or disabled person is a member.
20 (f) It shall not be a defense to criminal neglect of an
21 elderly or disabled person that the accused reasonably
22 believed that the victim was not an elderly or disabled
23 person.
24 (Source: P.A. 86-153; 86-1028; 87-1072; revised 2-11-97.)
25 Section 3-160. The Illinois Living Will Act is amended
26 by changing Section 8 as follows:
27 (755 ILCS 35/8) (from Ch. 110 1/2, par. 708)
28 Sec. 8. Penalties.
29 (a) Any person who willfully conceals, cancels, defaces,
30 obliterates, or damages the declaration of another without
31 such declarant's consent or who falsifies or forges a
32 revocation of the declaration of another or who willfully
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1 fails to comply with Section 6 shall be civilly liable.
2 (b) Any person who coerces or fraudulently induces
3 another to execute a declaration or falsifies or forges the
4 declaration of another, or willfully conceals or withholds
5 personal knowledge of a revocation as provided in Section 5
6 with the intent to cause a withholding or withdrawal of death
7 delaying procedures contrary to the wishes of the qualified
8 patient and thereby, because of such act, directly causes
9 death delaying procedures to be withheld or withdrawn and
10 death to another thereby be hastened, shall be subject to
11 prosecution for involuntary manslaughter.
12 (c) A physician or other health-care provider who
13 willfully fails to notify the health care facility or fails
14 to comply with Section 6 is guilty of engaging in unethical
15 and unprofessional conduct in violation of paragraph (A)(5) 5
16 of Section 22 4433 of the Medical Practice Act of 1987.
17 (d) A physician who willfully fails to record the
18 determination of terminal condition in accordance with
19 Section 4, without giving the notice required by Section 6 of
20 his unwillingness to comply with the provisions of the
21 patient's declaration, is guilty of willfully omitting to
22 file or record medical reports as required by law in
23 violation of paragraph (A)(22) 22 of Section 22 16 of the
24 Medical Practice Act of 1987.
25 (e) A person who requires or prohibits the execution of
26 a declaration as a condition for being insured for, or
27 receiving, health-care services is guilty of a class A
28 misdemeanor.
29 (f) The penalties provided in this Section do not
30 displace any penalty applicable under other law.
31 (Source: P.A. 85-860; revised 2-11-97.)
32 ARTICLE 4
33 EFFECTIVE DATE AND NONACCELERATION
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1 Section 4-1. No acceleration or delay. Where this Act
2 makes changes in a statute that is represented in this Act by
3 text that is not yet or no longer in effect (for example, a
4 Section represented by multiple versions), the use of that
5 text does not accelerate or delay the taking effect of (i)
6 the changes made by this Act or (ii) provisions derived from
7 any other Public Act.
8 Section 4-2. No revival or extension. This Act does not
9 revive or extend any Section or Act otherwise repealed.
10 Section 4-99. Effective date. This Act takes effect July
11 1, 1997.
HB1269 Engrossed -634- LRB9001000EGfg
1 INDEX
2 Statutes amended in order of appearance
3 ARTICLE 2
4 5 ILCS 80/4.8a rep.
5 5 ILCS 80/4.9 from Ch. 127, par. 1904.9
6 5 ILCS 315/3 from Ch. 48, par. 1603
7 5 ILCS 375/3 from Ch. 127, par. 523
8 5 ILCS 375/6.7
9 5 ILCS 375/6.8
10 20 ILCS 301/1-10
11 20 ILCS 505/18a-13 from Ch. 23, par. 5018a-13
12 20 ILCS 801/15-10
13 20 ILCS 2005/71 from Ch. 127, par. 63b17
14 20 ILCS 2105/60.2 from Ch. 127, par. 60.2
15 20 ILCS 2105/60.3
16 20 ILCS 3505/7.84 from Ch. 48, par. 850.07z24
17 20 ILCS 3505/7.85 from Ch. 48, par. 850.07z25
18 20 ILCS 3505/7.86 from Ch. 48, par. 850.07z26
19 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
20 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
21 20 ILCS 3960/12.1 from Ch. 111 1/2, par. 1162.1
22 20 ILCS 3960/12.2
23 30 ILCS 105/5.402
24 30 ILCS 105/5.432
25 30 ILCS 105/5.433
26 30 ILCS 105/5.435
27 30 ILCS 105/5.436
28 30 ILCS 105/5.437
29 30 ILCS 105/5.438
30 30 ILCS 105/5.439
31 30 ILCS 105/5.440
32 30 ILCS 105/5.441
33 30 ILCS 105/5.442
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1 30 ILCS 105/5.443
2 30 ILCS 105/5.444
3 30 ILCS 105/5.445
4 30 ILCS 105/5.446
5 30 ILCS 105/5.447
6 30 ILCS 105/5.448
7 30 ILCS 105/25 from Ch. 127, par. 161
8 30 ILCS 805/8.20
9 35 ILCS 105/3-5 from Ch. 120, par. 439.3-5
10 35 ILCS 110/3-5 from Ch. 120, par. 439.33-5
11 35 ILCS 115/3-5 from Ch. 120, par. 439.103-5
12 35 ILCS 120/2-5 from Ch. 120, par. 441-5
13 35 ILCS 200/15-172
14 35 ILCS 200/15-180
15 35 ILCS 200/18-183
16 35 ILCS 200/18-184
17 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
18 55 ILCS 5/5-1069.2
19 55 ILCS 5/5-1069.5
20 55 ILCS 5/5-1121
21 55 ILCS 5/5-1123
22 55 ILCS 105/13 from Ch. 91 1/2, par. 213
23 65 ILCS 5/7-1-1 from Ch. 24, par. 7-1-1
24 65 ILCS 5/10-4-2.2
25 65 ILCS 5/10-4-2.5
26 65 ILCS 5/11-15.1-2 from Ch. 24, par. 11-15.1-2
27 70 ILCS 705/4 from Ch. 127 1/2, par. 24
28 70 ILCS 1205/10-7 from Ch. 105, par. 10-7
29 70 ILCS 2405/4 from Ch. 42, par. 303
30 105 ILCS 5/10-21.4a from Ch. 122, par. 10-21.4a
31 105 ILCS 5/10-22.3d
32 105 ILCS 5/10-22.3e
33 105 ILCS 5/10-22.5a from Ch. 122, par. 10-22.5a
34 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
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1 105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
2 105 ILCS 5/13A-8
3 105 ILCS 5/13A-9
4 105 ILCS 5/18-8 from Ch. 122, par. 18-8
5 105 ILCS 5/24-2 from Ch. 122, par. 24-2
6 105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3
7 205 ILCS 5/2 from Ch. 17, par. 302
8 205 ILCS 5/13 from Ch. 17, par. 320
9 205 ILCS 5/47 from Ch. 17, par. 358
10 205 ILCS 5/48 from Ch. 17, par. 359
11 205 ILCS 105/1-6 from Ch. 17, par. 3301-6
12 205 ILCS 205/1008 from Ch. 17, par. 7301-8
13 205 ILCS 620/3-3 from Ch. 17, par. 1553-3
14 205 ILCS 630/17 from Ch. 17, par. 2201
15 210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
16 215 ILCS 5/356r
17 215 ILCS 5/356s
18 225 ILCS 10/7 from Ch. 23, par. 2217
19 225 ILCS 46/15
20 225 ILCS 46/65
21 235 ILCS 5/6-15 from Ch. 43, par. 130
22 305 ILCS 5/5-5 from Ch. 23, par. 5-5
23 305 ILCS 5/5-16.3
24 305 ILCS 5/11-9 from Ch. 23, par. 11-9
25 305 ILCS 5/14-8 from Ch. 23, par. 14-8
26 320 ILCS 35/20 from Ch. 23, par. 6801-20
27 320 ILCS 35/30 from Ch. 23, par. 6801-30
28 320 ILCS 35/50 from Ch. 23, par. 6801-50
29 320 ILCS 35/60 from Ch. 23, par. 6801-60
30 325 ILCS 35/4 from Ch. 23, par. 6704
31 415 ILCS 5/22.2 from Ch. 111 1/2, par. 1022.2
32 415 ILCS 5/22.15 from Ch. 111 1/2, par. 1022.15
33 415 ILCS 5/39 from Ch. 111 1/2, par. 1039
34 415 ILCS 5/57.14
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1 415 ILCS 125/310
2 415 ILCS 125/320
3 510 ILCS 70/16 from Ch. 8, par. 716
4 525 ILCS 15/6a from Ch. 96 1/2, par. 9106a
5 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
6 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
7 625 ILCS 5/3-629
8 625 ILCS 5/3-631
9 625 ILCS 5/3-632
10 625 ILCS 5/3-633
11 625 ILCS 5/3-634
12 625 ILCS 5/3-635
13 625 ILCS 5/3-636
14 625 ILCS 5/3-637
15 625 ILCS 5/3-638
16 625 ILCS 5/11-408 from Ch. 95 1/2, par. 11-408
17 625 ILCS 5/11-1201.1
18 625 ILCS 5/11-1427
19 625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102
20 625 ILCS 5/18c-1104 from Ch. 95 1/2, par. 18c-1104
21 625 ILCS 5/18c-3204 from Ch. 95 1/2, par. 18c-3204
22 705 ILCS 405/5-10 from Ch. 37, par. 805-10
23 705 ILCS 405/5-23 from Ch. 37, par. 805-23
24 720 ILCS 5/31-6 from Ch. 38, par. 31-6
25 725 ILCS 5/110-6.3 from Ch. 38, par. 110-6.3
26 725 ILCS 5/122-1 from Ch. 38, par. 122-1
27 725 ILCS 120/4.5
28 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
29 730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
30 730 ILCS 5/3-6-2 from Ch. 38, par. 1003-6-2
31 730 ILCS 5/3-7-2 from Ch. 38, par. 1003-7-2
32 730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
33 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
34 730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
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1 730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
2 730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
3 730 ILCS 5/5-6-4 from Ch. 38, par. 1005-6-4
4 730 ILCS 5/5-7-6 from Ch. 38, par. 1005-7-6
5 730 ILCS 125/17 from Ch. 75, par. 117
6 730 ILCS 152/Art. 4 heading
7 730 ILCS 152/Art. 9 heading
8 730 ILCS 152/905
9 735 ILCS 5/7-103 from Ch. 110, par. 7-103
10 750 ILCS 50/13 from Ch. 40, par. 1516
11 ARTICLE 3
12 5 ILCS 365/2 from Ch. 127, par. 352
13 20 ILCS 801/80-30 from 20 ILCS 801/35
14 20 ILCS 805/63a40
15 20 ILCS 805/63a41
16 20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43
17 20 ILCS 2405/12a from Ch. 23, par. 3443a
18 25 ILCS 130/3A-1
19 30 ILCS 105/5.179 rep.
20 30 ILCS 105/6z-32
21 35 ILCS 155/2 from Ch. 120, par. 1702
22 35 ILCS 200/16-35
23 40 ILCS 5/5-136 from Ch. 108 1/2, par. 5-136
24 40 ILCS 5/15-136 from Ch. 108 1/2, par. 15-136
25 40 ILCS 5/15-153.2 from Ch. 108 1/2, par. 15-153.2
26 40 ILCS 5/24-109 from Ch. 108 1/2, par. 24-109
27 55 ILCS 5/4-2001 from Ch. 34, par. 4-2001
28 55 ILCS 5/5-1031.1
29 55 ILCS 5/5-1095 from Ch. 34, par. 5-1095
30 55 ILCS 5/5-12003 from Ch. 34, par. 5-12003
31 65 ILCS 5/7-1-1.1 from Ch. 24, par. 7-1-1.1
32 105 ILCS 5/9-12 from Ch. 122, par. 9-12
33 110 ILCS 805/6-4 from Ch. 122, par. 106-4
HB1269 Engrossed -639- LRB9001000EGfg
1 210 ILCS 85/10.4 from Ch. 111 1/2, par. 151.4
2 215 ILCS 5/370b from Ch. 73, par. 982b
3 215 ILCS 125/4-6.4
4 215 ILCS 165/15.20
5 225 ILCS 37/26
6 225 ILCS 100/3 from Ch. 111, par. 4803
7 225 ILCS 100/24 from Ch. 111, par. 4824
8 225 ILCS 100/26 from Ch. 111, par. 4826
9 305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1
10 305 ILCS 5/5-16.7
11 325 ILCS 5/8.2 from Ch. 23, par. 2058.2
12 410 ILCS 325/4 from Ch. 111 1/2, par. 7404
13 410 ILCS 325/6 from Ch. 111 1/2, par. 7406
14 415 ILCS 5/14.2 from Ch. 111 1/2, par. 1014.2
15 415 ILCS 5/39.5 from Ch. 111 1/2, par. 1039.5
16 415 ILCS 5/55.8 from Ch. 111 1/2, par. 1055.8
17 415 ILCS 60/13 from Ch. 5, par. 813
18 420 ILCS 30/3 from Ch. 111 1/2, par. 196
19 420 ILCS 40/6 from Ch. 111 1/2, par. 210-6
20 615 ILCS 105/5 from Ch. 105, par. 482e
21 720 ILCS 5/12-21 from Ch. 38, par. 12-21
22 755 ILCS 35/8 from Ch. 110 1/2, par. 708