State of Illinois
90th General Assembly
Legislation

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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
HB1269 Engrossed                               LRB9001000EGfg
 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
HB1269 Engrossed            -2-                LRB9001000EGfg
 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:
HB1269 Engrossed            -3-                LRB9001000EGfg
 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
HB1269 Engrossed            -4-                LRB9001000EGfg
 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
HB1269 Engrossed            -5-                LRB9001000EGfg
 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
HB1269 Engrossed            -6-                LRB9001000EGfg
 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,
HB1269 Engrossed            -7-                LRB9001000EGfg
 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
HB1269 Engrossed            -8-                LRB9001000EGfg
 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
HB1269 Engrossed            -9-                LRB9001000EGfg
 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
HB1269 Engrossed            -10-               LRB9001000EGfg
 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
HB1269 Engrossed            -11-               LRB9001000EGfg
 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
HB1269 Engrossed            -12-               LRB9001000EGfg
 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
HB1269 Engrossed            -13-               LRB9001000EGfg
 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
HB1269 Engrossed            -14-               LRB9001000EGfg
 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
HB1269 Engrossed            -15-               LRB9001000EGfg
 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
HB1269 Engrossed            -16-               LRB9001000EGfg
 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.
HB1269 Engrossed            -17-               LRB9001000EGfg
 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
HB1269 Engrossed            -18-               LRB9001000EGfg
 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
HB1269 Engrossed            -19-               LRB9001000EGfg
 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
HB1269 Engrossed            -20-               LRB9001000EGfg
 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.)
HB1269 Engrossed            -21-               LRB9001000EGfg
 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
HB1269 Engrossed            -22-               LRB9001000EGfg
 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
HB1269 Engrossed            -23-               LRB9001000EGfg
 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
HB1269 Engrossed            -24-               LRB9001000EGfg
 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.
HB1269 Engrossed            -25-               LRB9001000EGfg
 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
HB1269 Engrossed            -26-               LRB9001000EGfg
 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
HB1269 Engrossed            -27-               LRB9001000EGfg
 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,
HB1269 Engrossed            -28-               LRB9001000EGfg
 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
HB1269 Engrossed            -29-               LRB9001000EGfg
 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.)
HB1269 Engrossed            -30-               LRB9001000EGfg
 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;
HB1269 Engrossed            -31-               LRB9001000EGfg
 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:
HB1269 Engrossed            -32-               LRB9001000EGfg
 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
HB1269 Engrossed            -33-               LRB9001000EGfg
 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.
HB1269 Engrossed            -34-               LRB9001000EGfg
 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
HB1269 Engrossed            -35-               LRB9001000EGfg
 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
HB1269 Engrossed            -36-               LRB9001000EGfg
 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.)
HB1269 Engrossed            -37-               LRB9001000EGfg
 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
HB1269 Engrossed            -38-               LRB9001000EGfg
 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
HB1269 Engrossed            -39-               LRB9001000EGfg
 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
HB1269 Engrossed            -40-               LRB9001000EGfg
 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.
HB1269 Engrossed            -41-               LRB9001000EGfg
 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
HB1269 Engrossed            -42-               LRB9001000EGfg
 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
HB1269 Engrossed            -45-               LRB9001000EGfg
 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
HB1269 Engrossed            -46-               LRB9001000EGfg
 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
HB1269 Engrossed            -47-               LRB9001000EGfg
 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)
HB1269 Engrossed            -48-               LRB9001000EGfg
 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.
HB1269 Engrossed            -49-               LRB9001000EGfg
 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
HB1269 Engrossed            -50-               LRB9001000EGfg
 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.
HB1269 Engrossed            -51-               LRB9001000EGfg
 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
HB1269 Engrossed            -52-               LRB9001000EGfg
 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,
HB1269 Engrossed            -56-               LRB9001000EGfg
 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
HB1269 Engrossed            -57-               LRB9001000EGfg
 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
HB1269 Engrossed            -58-               LRB9001000EGfg
 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
HB1269 Engrossed            -59-               LRB9001000EGfg
 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
HB1269 Engrossed            -63-               LRB9001000EGfg
 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
HB1269 Engrossed            -69-               LRB9001000EGfg
 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
HB1269 Engrossed            -70-               LRB9001000EGfg
 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
HB1269 Engrossed            -71-               LRB9001000EGfg
 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
HB1269 Engrossed            -72-               LRB9001000EGfg
 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
HB1269 Engrossed            -73-               LRB9001000EGfg
 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,
HB1269 Engrossed            -74-               LRB9001000EGfg
 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
HB1269 Engrossed            -75-               LRB9001000EGfg
 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
HB1269 Engrossed            -76-               LRB9001000EGfg
 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.
HB1269 Engrossed            -77-               LRB9001000EGfg
 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
HB1269 Engrossed            -78-               LRB9001000EGfg
 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
HB1269 Engrossed            -79-               LRB9001000EGfg
 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
HB1269 Engrossed            -80-               LRB9001000EGfg
 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
HB1269 Engrossed            -81-               LRB9001000EGfg
 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
HB1269 Engrossed            -84-               LRB9001000EGfg
 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
HB1269 Engrossed            -85-               LRB9001000EGfg
 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:
HB1269 Engrossed            -86-               LRB9001000EGfg
 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;
HB1269 Engrossed            -87-               LRB9001000EGfg
 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
HB1269 Engrossed            -88-               LRB9001000EGfg
 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.
HB1269 Engrossed            -89-               LRB9001000EGfg
 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,
HB1269 Engrossed            -90-               LRB9001000EGfg
 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
HB1269 Engrossed            -91-               LRB9001000EGfg
 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
HB1269 Engrossed            -92-               LRB9001000EGfg
 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
HB1269 Engrossed            -93-               LRB9001000EGfg
 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
HB1269 Engrossed            -94-               LRB9001000EGfg
 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
HB1269 Engrossed            -96-               LRB9001000EGfg
 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
HB1269 Engrossed            -97-               LRB9001000EGfg
 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
HB1269 Engrossed            -98-               LRB9001000EGfg
 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
HB1269 Engrossed            -99-               LRB9001000EGfg
 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
HB1269 Engrossed            -100-              LRB9001000EGfg
 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
HB1269 Engrossed            -101-              LRB9001000EGfg
 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
HB1269 Engrossed            -102-              LRB9001000EGfg
 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
HB1269 Engrossed            -103-              LRB9001000EGfg
 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
HB1269 Engrossed            -104-              LRB9001000EGfg
 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
HB1269 Engrossed            -105-              LRB9001000EGfg
 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
HB1269 Engrossed            -106-              LRB9001000EGfg
 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
HB1269 Engrossed            -107-              LRB9001000EGfg
 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
HB1269 Engrossed            -108-              LRB9001000EGfg
 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
HB1269 Engrossed            -109-              LRB9001000EGfg
 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
HB1269 Engrossed            -110-              LRB9001000EGfg
 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
HB1269 Engrossed            -111-              LRB9001000EGfg
 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
HB1269 Engrossed            -112-              LRB9001000EGfg
 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
HB1269 Engrossed            -113-              LRB9001000EGfg
 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.
HB1269 Engrossed            -114-              LRB9001000EGfg
 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
HB1269 Engrossed            -115-              LRB9001000EGfg
 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
HB1269 Engrossed            -116-              LRB9001000EGfg
 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
HB1269 Engrossed            -117-              LRB9001000EGfg
 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
HB1269 Engrossed            -118-              LRB9001000EGfg
 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
HB1269 Engrossed            -119-              LRB9001000EGfg
 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
HB1269 Engrossed            -120-              LRB9001000EGfg
 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
HB1269 Engrossed            -121-              LRB9001000EGfg
 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
HB1269 Engrossed            -122-              LRB9001000EGfg
 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
HB1269 Engrossed            -123-              LRB9001000EGfg
 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
HB1269 Engrossed            -124-              LRB9001000EGfg
 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
HB1269 Engrossed            -125-              LRB9001000EGfg
 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
HB1269 Engrossed            -126-              LRB9001000EGfg
 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
HB1269 Engrossed            -127-              LRB9001000EGfg
 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
HB1269 Engrossed            -128-              LRB9001000EGfg
 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
HB1269 Engrossed            -129-              LRB9001000EGfg
 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;
HB1269 Engrossed            -131-              LRB9001000EGfg
 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
HB1269 Engrossed            -132-              LRB9001000EGfg
 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
HB1269 Engrossed            -134-              LRB9001000EGfg
 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
HB1269 Engrossed            -135-              LRB9001000EGfg
 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
HB1269 Engrossed            -136-              LRB9001000EGfg
 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
HB1269 Engrossed            -137-              LRB9001000EGfg
 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
HB1269 Engrossed            -139-              LRB9001000EGfg
 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
HB1269 Engrossed            -140-              LRB9001000EGfg
 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
HB1269 Engrossed            -141-              LRB9001000EGfg
 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
HB1269 Engrossed            -142-              LRB9001000EGfg
 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
HB1269 Engrossed            -143-              LRB9001000EGfg
 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
HB1269 Engrossed            -144-              LRB9001000EGfg
 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
HB1269 Engrossed            -145-              LRB9001000EGfg
 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
HB1269 Engrossed            -146-              LRB9001000EGfg
 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
HB1269 Engrossed            -147-              LRB9001000EGfg
 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
HB1269 Engrossed            -148-              LRB9001000EGfg
 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
HB1269 Engrossed            -149-              LRB9001000EGfg
 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
HB1269 Engrossed            -150-              LRB9001000EGfg
 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
HB1269 Engrossed            -151-              LRB9001000EGfg
 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
HB1269 Engrossed            -152-              LRB9001000EGfg
 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;
HB1269 Engrossed            -153-              LRB9001000EGfg
 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
HB1269 Engrossed            -154-              LRB9001000EGfg
 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
HB1269 Engrossed            -155-              LRB9001000EGfg
 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
HB1269 Engrossed            -156-              LRB9001000EGfg
 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
HB1269 Engrossed            -157-              LRB9001000EGfg
 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.
HB1269 Engrossed            -158-              LRB9001000EGfg
 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.
HB1269 Engrossed            -159-              LRB9001000EGfg
 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
HB1269 Engrossed            -160-              LRB9001000EGfg
 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
HB1269 Engrossed            -161-              LRB9001000EGfg
 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.
HB1269 Engrossed            -162-              LRB9001000EGfg
 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
HB1269 Engrossed            -163-              LRB9001000EGfg
 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
HB1269 Engrossed            -164-              LRB9001000EGfg
 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
HB1269 Engrossed            -165-              LRB9001000EGfg
 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
HB1269 Engrossed            -166-              LRB9001000EGfg
 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
HB1269 Engrossed            -167-              LRB9001000EGfg
 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
HB1269 Engrossed            -169-              LRB9001000EGfg
 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
HB1269 Engrossed            -170-              LRB9001000EGfg
 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.
HB1269 Engrossed            -171-              LRB9001000EGfg
 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
HB1269 Engrossed            -172-              LRB9001000EGfg
 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
HB1269 Engrossed            -173-              LRB9001000EGfg
 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
HB1269 Engrossed            -174-              LRB9001000EGfg
 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
HB1269 Engrossed            -175-              LRB9001000EGfg
 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
HB1269 Engrossed            -176-              LRB9001000EGfg
 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.
HB1269 Engrossed            -179-              LRB9001000EGfg
 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
HB1269 Engrossed            -180-              LRB9001000EGfg
 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
HB1269 Engrossed            -181-              LRB9001000EGfg
 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,
HB1269 Engrossed            -182-              LRB9001000EGfg
 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
HB1269 Engrossed            -183-              LRB9001000EGfg
 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
HB1269 Engrossed            -184-              LRB9001000EGfg
 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
HB1269 Engrossed            -185-              LRB9001000EGfg
 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
HB1269 Engrossed            -186-              LRB9001000EGfg
 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,
HB1269 Engrossed            -187-              LRB9001000EGfg
 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
HB1269 Engrossed            -188-              LRB9001000EGfg
 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,
HB1269 Engrossed            -189-              LRB9001000EGfg
 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,
HB1269 Engrossed            -190-              LRB9001000EGfg
 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.
HB1269 Engrossed            -191-              LRB9001000EGfg
 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:
HB1269 Engrossed            -192-              LRB9001000EGfg
 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
HB1269 Engrossed            -193-              LRB9001000EGfg
 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
HB1269 Engrossed            -194-              LRB9001000EGfg
 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
HB1269 Engrossed            -195-              LRB9001000EGfg
 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.
HB1269 Engrossed            -196-              LRB9001000EGfg
 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
HB1269 Engrossed            -197-              LRB9001000EGfg
 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
HB1269 Engrossed            -198-              LRB9001000EGfg
 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
HB1269 Engrossed            -199-              LRB9001000EGfg
 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);
HB1269 Engrossed            -200-              LRB9001000EGfg
 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
HB1269 Engrossed            -201-              LRB9001000EGfg
 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
HB1269 Engrossed            -202-              LRB9001000EGfg
 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
HB1269 Engrossed            -203-              LRB9001000EGfg
 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;
HB1269 Engrossed            -204-              LRB9001000EGfg
 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
HB1269 Engrossed            -205-              LRB9001000EGfg
 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
HB1269 Engrossed            -206-              LRB9001000EGfg
 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
HB1269 Engrossed            -207-              LRB9001000EGfg
 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
HB1269 Engrossed            -208-              LRB9001000EGfg
 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
HB1269 Engrossed            -209-              LRB9001000EGfg
 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
HB1269 Engrossed            -210-              LRB9001000EGfg
 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
HB1269 Engrossed            -211-              LRB9001000EGfg
 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
HB1269 Engrossed            -212-              LRB9001000EGfg
 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
HB1269 Engrossed            -213-              LRB9001000EGfg
 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
HB1269 Engrossed            -214-              LRB9001000EGfg
 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
HB1269 Engrossed            -215-              LRB9001000EGfg
 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
HB1269 Engrossed            -216-              LRB9001000EGfg
 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
HB1269 Engrossed            -217-              LRB9001000EGfg
 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
HB1269 Engrossed            -218-              LRB9001000EGfg
 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
HB1269 Engrossed            -219-              LRB9001000EGfg
 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
HB1269 Engrossed            -220-              LRB9001000EGfg
 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:
HB1269 Engrossed            -221-              LRB9001000EGfg
 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
HB1269 Engrossed            -222-              LRB9001000EGfg
 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
HB1269 Engrossed            -223-              LRB9001000EGfg
 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
HB1269 Engrossed            -224-              LRB9001000EGfg
 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;
HB1269 Engrossed            -225-              LRB9001000EGfg
 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
HB1269 Engrossed            -226-              LRB9001000EGfg
 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
HB1269 Engrossed            -227-              LRB9001000EGfg
 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
HB1269 Engrossed            -228-              LRB9001000EGfg
 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
HB1269 Engrossed            -229-              LRB9001000EGfg
 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
HB1269 Engrossed            -230-              LRB9001000EGfg
 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
HB1269 Engrossed            -231-              LRB9001000EGfg
 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
HB1269 Engrossed            -232-              LRB9001000EGfg
 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
HB1269 Engrossed            -233-              LRB9001000EGfg
 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,
HB1269 Engrossed            -234-              LRB9001000EGfg
 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
HB1269 Engrossed            -235-              LRB9001000EGfg
 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
HB1269 Engrossed            -236-              LRB9001000EGfg
 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
HB1269 Engrossed            -237-              LRB9001000EGfg
 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
HB1269 Engrossed            -238-              LRB9001000EGfg
 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
HB1269 Engrossed            -239-              LRB9001000EGfg
 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
HB1269 Engrossed            -240-              LRB9001000EGfg
 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
HB1269 Engrossed            -241-              LRB9001000EGfg
 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,
HB1269 Engrossed            -242-              LRB9001000EGfg
 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
HB1269 Engrossed            -243-              LRB9001000EGfg
 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
HB1269 Engrossed            -244-              LRB9001000EGfg
 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
HB1269 Engrossed            -245-              LRB9001000EGfg
 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
HB1269 Engrossed            -246-              LRB9001000EGfg
 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.
HB1269 Engrossed            -247-              LRB9001000EGfg
 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
HB1269 Engrossed            -248-              LRB9001000EGfg
 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
HB1269 Engrossed            -249-              LRB9001000EGfg
 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
HB1269 Engrossed            -250-              LRB9001000EGfg
 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
HB1269 Engrossed            -251-              LRB9001000EGfg
 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
HB1269 Engrossed            -252-              LRB9001000EGfg
 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
HB1269 Engrossed            -253-              LRB9001000EGfg
 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
HB1269 Engrossed            -254-              LRB9001000EGfg
 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
HB1269 Engrossed            -255-              LRB9001000EGfg
 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
HB1269 Engrossed            -256-              LRB9001000EGfg
 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
HB1269 Engrossed            -257-              LRB9001000EGfg
 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
HB1269 Engrossed            -258-              LRB9001000EGfg
 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
HB1269 Engrossed            -259-              LRB9001000EGfg
 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
HB1269 Engrossed            -260-              LRB9001000EGfg
 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
HB1269 Engrossed            -261-              LRB9001000EGfg
 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
HB1269 Engrossed            -262-              LRB9001000EGfg
 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
HB1269 Engrossed            -263-              LRB9001000EGfg
 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.
HB1269 Engrossed            -264-              LRB9001000EGfg
 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)
HB1269 Engrossed            -265-              LRB9001000EGfg
 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
HB1269 Engrossed            -266-              LRB9001000EGfg
 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
HB1269 Engrossed            -267-              LRB9001000EGfg
 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:
HB1269 Engrossed            -268-              LRB9001000EGfg
 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
HB1269 Engrossed            -269-              LRB9001000EGfg
 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
HB1269 Engrossed            -270-              LRB9001000EGfg
 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
HB1269 Engrossed            -271-              LRB9001000EGfg
 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.
HB1269 Engrossed            -272-              LRB9001000EGfg
 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,
HB1269 Engrossed            -273-              LRB9001000EGfg
 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
HB1269 Engrossed            -274-              LRB9001000EGfg
 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.
HB1269 Engrossed            -275-              LRB9001000EGfg
 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
HB1269 Engrossed            -276-              LRB9001000EGfg
 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
HB1269 Engrossed            -277-              LRB9001000EGfg
 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
HB1269 Engrossed            -278-              LRB9001000EGfg
 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
HB1269 Engrossed            -279-              LRB9001000EGfg
 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
HB1269 Engrossed            -280-              LRB9001000EGfg
 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
HB1269 Engrossed            -281-              LRB9001000EGfg
 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
HB1269 Engrossed            -282-              LRB9001000EGfg
 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
HB1269 Engrossed            -283-              LRB9001000EGfg
 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.
HB1269 Engrossed            -284-              LRB9001000EGfg
 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
HB1269 Engrossed            -285-              LRB9001000EGfg
 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
HB1269 Engrossed            -286-              LRB9001000EGfg
 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
HB1269 Engrossed            -287-              LRB9001000EGfg
 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
HB1269 Engrossed            -288-              LRB9001000EGfg
 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.
HB1269 Engrossed            -289-              LRB9001000EGfg
 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
HB1269 Engrossed            -290-              LRB9001000EGfg
 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).
HB1269 Engrossed            -291-              LRB9001000EGfg
 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
HB1269 Engrossed            -292-              LRB9001000EGfg
 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
HB1269 Engrossed            -293-              LRB9001000EGfg
 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
HB1269 Engrossed            -294-              LRB9001000EGfg
 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
HB1269 Engrossed            -295-              LRB9001000EGfg
 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.
HB1269 Engrossed            -296-              LRB9001000EGfg
 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
HB1269 Engrossed            -297-              LRB9001000EGfg
 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:
HB1269 Engrossed            -298-              LRB9001000EGfg
 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
HB1269 Engrossed            -299-              LRB9001000EGfg
 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
HB1269 Engrossed            -300-              LRB9001000EGfg
 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
HB1269 Engrossed            -301-              LRB9001000EGfg
 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
HB1269 Engrossed            -302-              LRB9001000EGfg
 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
HB1269 Engrossed            -303-              LRB9001000EGfg
 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
HB1269 Engrossed            -304-              LRB9001000EGfg
 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
HB1269 Engrossed            -305-              LRB9001000EGfg
 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:
HB1269 Engrossed            -306-              LRB9001000EGfg
 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
HB1269 Engrossed            -307-              LRB9001000EGfg
 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
HB1269 Engrossed            -308-              LRB9001000EGfg
 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
HB1269 Engrossed            -309-              LRB9001000EGfg
 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;
HB1269 Engrossed            -310-              LRB9001000EGfg
 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.
HB1269 Engrossed            -311-              LRB9001000EGfg
 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
HB1269 Engrossed            -312-              LRB9001000EGfg
 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
HB1269 Engrossed            -313-              LRB9001000EGfg
 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
HB1269 Engrossed            -314-              LRB9001000EGfg
 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
HB1269 Engrossed            -315-              LRB9001000EGfg
 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.
HB1269 Engrossed            -316-              LRB9001000EGfg
 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,
HB1269 Engrossed            -317-              LRB9001000EGfg
 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
HB1269 Engrossed            -318-              LRB9001000EGfg
 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
HB1269 Engrossed            -319-              LRB9001000EGfg
 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
HB1269 Engrossed            -320-              LRB9001000EGfg
 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
HB1269 Engrossed            -321-              LRB9001000EGfg
 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
HB1269 Engrossed            -322-              LRB9001000EGfg
 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.
HB1269 Engrossed            -323-              LRB9001000EGfg
 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
HB1269 Engrossed            -324-              LRB9001000EGfg
 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
HB1269 Engrossed            -325-              LRB9001000EGfg
 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
HB1269 Engrossed            -326-              LRB9001000EGfg
 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
HB1269 Engrossed            -327-              LRB9001000EGfg
 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.
HB1269 Engrossed            -328-              LRB9001000EGfg
 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
HB1269 Engrossed            -329-              LRB9001000EGfg
 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
HB1269 Engrossed            -330-              LRB9001000EGfg
 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
HB1269 Engrossed            -331-              LRB9001000EGfg
 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
HB1269 Engrossed            -332-              LRB9001000EGfg
 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
HB1269 Engrossed            -333-              LRB9001000EGfg
 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
HB1269 Engrossed            -334-              LRB9001000EGfg
 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
HB1269 Engrossed            -335-              LRB9001000EGfg
 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
HB1269 Engrossed            -336-              LRB9001000EGfg
 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
HB1269 Engrossed            -337-              LRB9001000EGfg
 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
HB1269 Engrossed            -338-              LRB9001000EGfg
 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
HB1269 Engrossed            -339-              LRB9001000EGfg
 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
HB1269 Engrossed            -340-              LRB9001000EGfg
 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
HB1269 Engrossed            -341-              LRB9001000EGfg
 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
HB1269 Engrossed            -342-              LRB9001000EGfg
 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.)
HB1269 Engrossed            -343-              LRB9001000EGfg
 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
HB1269 Engrossed            -344-              LRB9001000EGfg
 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
HB1269 Engrossed            -345-              LRB9001000EGfg
 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
HB1269 Engrossed            -346-              LRB9001000EGfg
 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
HB1269 Engrossed            -347-              LRB9001000EGfg
 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
HB1269 Engrossed            -348-              LRB9001000EGfg
 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
HB1269 Engrossed            -349-              LRB9001000EGfg
 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
HB1269 Engrossed            -350-              LRB9001000EGfg
 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
HB1269 Engrossed            -351-              LRB9001000EGfg
 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
HB1269 Engrossed            -352-              LRB9001000EGfg
 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
HB1269 Engrossed            -353-              LRB9001000EGfg
 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;
HB1269 Engrossed            -354-              LRB9001000EGfg
 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
HB1269 Engrossed            -355-              LRB9001000EGfg
 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
HB1269 Engrossed            -356-              LRB9001000EGfg
 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
HB1269 Engrossed            -357-              LRB9001000EGfg
 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
HB1269 Engrossed            -358-              LRB9001000EGfg
 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
HB1269 Engrossed            -359-              LRB9001000EGfg
 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
HB1269 Engrossed            -360-              LRB9001000EGfg
 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.
HB1269 Engrossed            -361-              LRB9001000EGfg
 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
HB1269 Engrossed            -362-              LRB9001000EGfg
 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
HB1269 Engrossed            -363-              LRB9001000EGfg
 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
HB1269 Engrossed            -364-              LRB9001000EGfg
 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.
HB1269 Engrossed            -365-              LRB9001000EGfg
 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
HB1269 Engrossed            -366-              LRB9001000EGfg
 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
HB1269 Engrossed            -367-              LRB9001000EGfg
 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:
HB1269 Engrossed            -368-              LRB9001000EGfg
 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
HB1269 Engrossed            -369-              LRB9001000EGfg
 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
HB1269 Engrossed            -370-              LRB9001000EGfg
 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
HB1269 Engrossed            -371-              LRB9001000EGfg
 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.
HB1269 Engrossed            -372-              LRB9001000EGfg
 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
HB1269 Engrossed            -373-              LRB9001000EGfg
 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
HB1269 Engrossed            -374-              LRB9001000EGfg
 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.)
HB1269 Engrossed            -375-              LRB9001000EGfg
 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
HB1269 Engrossed            -376-              LRB9001000EGfg
 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
HB1269 Engrossed            -377-              LRB9001000EGfg
 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.
HB1269 Engrossed            -378-              LRB9001000EGfg
 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
HB1269 Engrossed            -379-              LRB9001000EGfg
 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
HB1269 Engrossed            -380-              LRB9001000EGfg
 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.
HB1269 Engrossed            -381-              LRB9001000EGfg
 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;
HB1269 Engrossed            -382-              LRB9001000EGfg
 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;
HB1269 Engrossed            -383-              LRB9001000EGfg
 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
HB1269 Engrossed            -384-              LRB9001000EGfg
 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;
HB1269 Engrossed            -385-              LRB9001000EGfg
 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
HB1269 Engrossed            -386-              LRB9001000EGfg
 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
HB1269 Engrossed            -387-              LRB9001000EGfg
 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
HB1269 Engrossed            -388-              LRB9001000EGfg
 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
HB1269 Engrossed            -389-              LRB9001000EGfg
 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
HB1269 Engrossed            -390-              LRB9001000EGfg
 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
HB1269 Engrossed            -391-              LRB9001000EGfg
 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
HB1269 Engrossed            -392-              LRB9001000EGfg
 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
HB1269 Engrossed            -393-              LRB9001000EGfg
 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
HB1269 Engrossed            -394-              LRB9001000EGfg
 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
HB1269 Engrossed            -395-              LRB9001000EGfg
 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
HB1269 Engrossed            -396-              LRB9001000EGfg
 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
HB1269 Engrossed            -397-              LRB9001000EGfg
 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
HB1269 Engrossed            -398-              LRB9001000EGfg
 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
HB1269 Engrossed            -399-              LRB9001000EGfg
 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
HB1269 Engrossed            -400-              LRB9001000EGfg
 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
HB1269 Engrossed            -401-              LRB9001000EGfg
 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
HB1269 Engrossed            -402-              LRB9001000EGfg
 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.
HB1269 Engrossed            -403-              LRB9001000EGfg
 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
HB1269 Engrossed            -404-              LRB9001000EGfg
 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
HB1269 Engrossed            -405-              LRB9001000EGfg
 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
HB1269 Engrossed            -406-              LRB9001000EGfg
 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
HB1269 Engrossed            -407-              LRB9001000EGfg
 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
HB1269 Engrossed            -408-              LRB9001000EGfg
 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.
HB1269 Engrossed            -409-              LRB9001000EGfg
 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
HB1269 Engrossed            -410-              LRB9001000EGfg
 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
HB1269 Engrossed            -411-              LRB9001000EGfg
 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
HB1269 Engrossed            -412-              LRB9001000EGfg
 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
HB1269 Engrossed            -413-              LRB9001000EGfg
 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
HB1269 Engrossed            -414-              LRB9001000EGfg
 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:
HB1269 Engrossed            -415-              LRB9001000EGfg
 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
HB1269 Engrossed            -421-              LRB9001000EGfg
 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
HB1269 Engrossed            -423-              LRB9001000EGfg
 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
HB1269 Engrossed            -424-              LRB9001000EGfg
 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
HB1269 Engrossed            -425-              LRB9001000EGfg
 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;
HB1269 Engrossed            -426-              LRB9001000EGfg
 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
HB1269 Engrossed            -427-              LRB9001000EGfg
 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
HB1269 Engrossed            -428-              LRB9001000EGfg
 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
HB1269 Engrossed            -429-              LRB9001000EGfg
 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
HB1269 Engrossed            -430-              LRB9001000EGfg
 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
HB1269 Engrossed            -432-              LRB9001000EGfg
 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
HB1269 Engrossed            -433-              LRB9001000EGfg
 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
HB1269 Engrossed            -434-              LRB9001000EGfg
 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
HB1269 Engrossed            -435-              LRB9001000EGfg
 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
HB1269 Engrossed            -436-              LRB9001000EGfg
 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;
HB1269 Engrossed            -437-              LRB9001000EGfg
 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
HB1269 Engrossed            -438-              LRB9001000EGfg
 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.
HB1269 Engrossed            -439-              LRB9001000EGfg
 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
HB1269 Engrossed            -440-              LRB9001000EGfg
 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,
HB1269 Engrossed            -441-              LRB9001000EGfg
 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
HB1269 Engrossed            -442-              LRB9001000EGfg
 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,
HB1269 Engrossed            -443-              LRB9001000EGfg
 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.
HB1269 Engrossed            -444-              LRB9001000EGfg
 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
HB1269 Engrossed            -445-              LRB9001000EGfg
 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
HB1269 Engrossed            -446-              LRB9001000EGfg
 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
HB1269 Engrossed            -448-              LRB9001000EGfg
 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
HB1269 Engrossed            -449-              LRB9001000EGfg
 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
HB1269 Engrossed            -450-              LRB9001000EGfg
 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
HB1269 Engrossed            -451-              LRB9001000EGfg
 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;
HB1269 Engrossed            -452-              LRB9001000EGfg
 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
HB1269 Engrossed            -453-              LRB9001000EGfg
 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
HB1269 Engrossed            -454-              LRB9001000EGfg
 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
HB1269 Engrossed            -455-              LRB9001000EGfg
 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
HB1269 Engrossed            -456-              LRB9001000EGfg
 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
HB1269 Engrossed            -457-              LRB9001000EGfg
 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,
HB1269 Engrossed            -458-              LRB9001000EGfg
 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
HB1269 Engrossed            -459-              LRB9001000EGfg
 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,
HB1269 Engrossed            -460-              LRB9001000EGfg
 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.
HB1269 Engrossed            -461-              LRB9001000EGfg
 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
HB1269 Engrossed            -462-              LRB9001000EGfg
 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
HB1269 Engrossed            -463-              LRB9001000EGfg
 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
HB1269 Engrossed            -464-              LRB9001000EGfg
 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.
HB1269 Engrossed            -465-              LRB9001000EGfg
 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
HB1269 Engrossed            -466-              LRB9001000EGfg
 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
HB1269 Engrossed            -467-              LRB9001000EGfg
 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
HB1269 Engrossed            -468-              LRB9001000EGfg
 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
HB1269 Engrossed            -469-              LRB9001000EGfg
 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
HB1269 Engrossed            -470-              LRB9001000EGfg
 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
HB1269 Engrossed            -471-              LRB9001000EGfg
 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
HB1269 Engrossed            -472-              LRB9001000EGfg
 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
HB1269 Engrossed            -473-              LRB9001000EGfg
 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.
HB1269 Engrossed            -474-              LRB9001000EGfg
 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,
HB1269 Engrossed            -475-              LRB9001000EGfg
 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
HB1269 Engrossed            -476-              LRB9001000EGfg
 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
HB1269 Engrossed            -477-              LRB9001000EGfg
 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
HB1269 Engrossed            -478-              LRB9001000EGfg
 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
HB1269 Engrossed            -479-              LRB9001000EGfg
 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
HB1269 Engrossed            -480-              LRB9001000EGfg
 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
HB1269 Engrossed            -481-              LRB9001000EGfg
 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
HB1269 Engrossed            -482-              LRB9001000EGfg
 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
HB1269 Engrossed            -483-              LRB9001000EGfg
 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
HB1269 Engrossed            -484-              LRB9001000EGfg
 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.
HB1269 Engrossed            -485-              LRB9001000EGfg
 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
HB1269 Engrossed            -488-              LRB9001000EGfg
 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
HB1269 Engrossed            -489-              LRB9001000EGfg
 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
HB1269 Engrossed            -490-              LRB9001000EGfg
 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
HB1269 Engrossed            -492-              LRB9001000EGfg
 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
HB1269 Engrossed            -493-              LRB9001000EGfg
 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
HB1269 Engrossed            -494-              LRB9001000EGfg
 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
HB1269 Engrossed            -496-              LRB9001000EGfg
 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
HB1269 Engrossed            -497-              LRB9001000EGfg
 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
HB1269 Engrossed            -517-              LRB9001000EGfg
 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
HB1269 Engrossed            -518-              LRB9001000EGfg
 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.
HB1269 Engrossed            -519-              LRB9001000EGfg
 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,
HB1269 Engrossed            -520-              LRB9001000EGfg
 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
HB1269 Engrossed            -521-              LRB9001000EGfg
 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
HB1269 Engrossed            -522-              LRB9001000EGfg
 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:
HB1269 Engrossed            -523-              LRB9001000EGfg
 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
HB1269 Engrossed            -524-              LRB9001000EGfg
 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;
HB1269 Engrossed            -525-              LRB9001000EGfg
 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
HB1269 Engrossed            -526-              LRB9001000EGfg
 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
HB1269 Engrossed            -527-              LRB9001000EGfg
 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;
HB1269 Engrossed            -528-              LRB9001000EGfg
 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;
HB1269 Engrossed            -529-              LRB9001000EGfg
 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,
HB1269 Engrossed            -530-              LRB9001000EGfg
 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
HB1269 Engrossed            -531-              LRB9001000EGfg
 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
HB1269 Engrossed            -532-              LRB9001000EGfg
 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
HB1269 Engrossed            -533-              LRB9001000EGfg
 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
HB1269 Engrossed            -534-              LRB9001000EGfg
 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
HB1269 Engrossed            -535-              LRB9001000EGfg
 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.
HB1269 Engrossed            -536-              LRB9001000EGfg
 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
HB1269 Engrossed            -537-              LRB9001000EGfg
 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
HB1269 Engrossed            -538-              LRB9001000EGfg
 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
HB1269 Engrossed            -539-              LRB9001000EGfg
 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
HB1269 Engrossed            -540-              LRB9001000EGfg
 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
HB1269 Engrossed            -541-              LRB9001000EGfg
 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
HB1269 Engrossed            -542-              LRB9001000EGfg
 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
HB1269 Engrossed            -543-              LRB9001000EGfg
 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
HB1269 Engrossed            -544-              LRB9001000EGfg
 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.
HB1269 Engrossed            -545-              LRB9001000EGfg
 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.
HB1269 Engrossed            -546-              LRB9001000EGfg
 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
HB1269 Engrossed            -547-              LRB9001000EGfg
 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
HB1269 Engrossed            -548-              LRB9001000EGfg
 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
HB1269 Engrossed            -549-              LRB9001000EGfg
 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.
HB1269 Engrossed            -550-              LRB9001000EGfg
 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.
HB1269 Engrossed            -551-              LRB9001000EGfg
 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
HB1269 Engrossed            -552-              LRB9001000EGfg
 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.
HB1269 Engrossed            -553-              LRB9001000EGfg
 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,
HB1269 Engrossed            -554-              LRB9001000EGfg
 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
HB1269 Engrossed            -555-              LRB9001000EGfg
 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,
HB1269 Engrossed            -556-              LRB9001000EGfg
 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,
HB1269 Engrossed            -557-              LRB9001000EGfg
 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
HB1269 Engrossed            -558-              LRB9001000EGfg
 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
HB1269 Engrossed            -559-              LRB9001000EGfg
 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
HB1269 Engrossed            -560-              LRB9001000EGfg
 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.
HB1269 Engrossed            -561-              LRB9001000EGfg
 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
HB1269 Engrossed            -562-              LRB9001000EGfg
 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
HB1269 Engrossed            -563-              LRB9001000EGfg
 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
HB1269 Engrossed            -564-              LRB9001000EGfg
 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
HB1269 Engrossed            -565-              LRB9001000EGfg
 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.
HB1269 Engrossed            -566-              LRB9001000EGfg
 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.
HB1269 Engrossed            -567-              LRB9001000EGfg
 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
HB1269 Engrossed            -568-              LRB9001000EGfg
 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.
HB1269 Engrossed            -569-              LRB9001000EGfg
 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
HB1269 Engrossed            -570-              LRB9001000EGfg
 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
HB1269 Engrossed            -571-              LRB9001000EGfg
 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
HB1269 Engrossed            -572-              LRB9001000EGfg
 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
HB1269 Engrossed            -573-              LRB9001000EGfg
 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
HB1269 Engrossed            -574-              LRB9001000EGfg
 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.
HB1269 Engrossed            -575-              LRB9001000EGfg
 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.
HB1269 Engrossed            -576-              LRB9001000EGfg
 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:
HB1269 Engrossed            -577-              LRB9001000EGfg
 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
HB1269 Engrossed            -578-              LRB9001000EGfg
 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.
HB1269 Engrossed            -579-              LRB9001000EGfg
 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:
HB1269 Engrossed            -580-              LRB9001000EGfg
 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
HB1269 Engrossed            -581-              LRB9001000EGfg
 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
HB1269 Engrossed            -582-              LRB9001000EGfg
 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.
HB1269 Engrossed            -583-              LRB9001000EGfg
 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
HB1269 Engrossed            -584-              LRB9001000EGfg
 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
HB1269 Engrossed            -585-              LRB9001000EGfg
 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
HB1269 Engrossed            -586-              LRB9001000EGfg
 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
HB1269 Engrossed            -587-              LRB9001000EGfg
 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
HB1269 Engrossed            -588-              LRB9001000EGfg
 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
HB1269 Engrossed            -589-              LRB9001000EGfg
 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).
HB1269 Engrossed            -590-              LRB9001000EGfg
 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.
HB1269 Engrossed            -591-              LRB9001000EGfg
 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
HB1269 Engrossed            -592-              LRB9001000EGfg
 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.
HB1269 Engrossed            -593-              LRB9001000EGfg
 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;
HB1269 Engrossed            -594-              LRB9001000EGfg
 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
HB1269 Engrossed            -595-              LRB9001000EGfg
 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
HB1269 Engrossed            -596-              LRB9001000EGfg
 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
HB1269 Engrossed            -597-              LRB9001000EGfg
 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
HB1269 Engrossed            -599-              LRB9001000EGfg
 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
HB1269 Engrossed            -600-              LRB9001000EGfg
 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
HB1269 Engrossed            -601-              LRB9001000EGfg
 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.
HB1269 Engrossed            -602-              LRB9001000EGfg
 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
HB1269 Engrossed            -603-              LRB9001000EGfg
 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
HB1269 Engrossed            -604-              LRB9001000EGfg
 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.
HB1269 Engrossed            -605-              LRB9001000EGfg
 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
HB1269 Engrossed            -606-              LRB9001000EGfg
 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
HB1269 Engrossed            -607-              LRB9001000EGfg
 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.
HB1269 Engrossed            -608-              LRB9001000EGfg
 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.
HB1269 Engrossed            -609-              LRB9001000EGfg
 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
HB1269 Engrossed            -610-              LRB9001000EGfg
 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.
HB1269 Engrossed            -611-              LRB9001000EGfg
 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
HB1269 Engrossed            -612-              LRB9001000EGfg
 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.
HB1269 Engrossed            -613-              LRB9001000EGfg
 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
HB1269 Engrossed            -615-              LRB9001000EGfg
 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
HB1269 Engrossed            -616-              LRB9001000EGfg
 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
HB1269 Engrossed            -617-              LRB9001000EGfg
 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.
HB1269 Engrossed            -619-              LRB9001000EGfg
 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.
HB1269 Engrossed            -620-              LRB9001000EGfg
 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
HB1269 Engrossed            -621-              LRB9001000EGfg
 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)
HB1269 Engrossed            -622-              LRB9001000EGfg
 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:
HB1269 Engrossed            -623-              LRB9001000EGfg
 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
HB1269 Engrossed            -624-              LRB9001000EGfg
 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
HB1269 Engrossed            -625-              LRB9001000EGfg
 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;
HB1269 Engrossed            -626-              LRB9001000EGfg
 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,
HB1269 Engrossed            -627-              LRB9001000EGfg
 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
HB1269 Engrossed            -628-              LRB9001000EGfg
 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
HB1269 Engrossed            -630-              LRB9001000EGfg
 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
HB1269 Engrossed            -631-              LRB9001000EGfg
 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
HB1269 Engrossed            -632-              LRB9001000EGfg
 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
HB1269 Engrossed            -633-              LRB9001000EGfg
 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
HB1269 Engrossed            -635-              LRB9001000EGfg
 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
HB1269 Engrossed            -636-              LRB9001000EGfg
 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
HB1269 Engrossed            -637-              LRB9001000EGfg
 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
HB1269 Engrossed            -638-              LRB9001000EGfg
 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

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