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90_HB1270
SEE INDEX
Amends the Civil Administrative Code. Renumbers the
Sections of the Code, organizes the renumbered Sections into
Articles, and rearranges the sequence of the renumbered
Sections according to subject matter. Also resections some
long Sections of the Code into shorter Sections. Amends
various other Acts to change cross references to the Civil
Aministrative Code to reflect the renumbering of the Code
Sections. Effective January 1, 1998.
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1 AN ACT concerning the Civil Administrative Code of
2 Illinois.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1. REVISORY PROVISIONS
6 Section 1-5. Purpose. The purpose of this amendatory Act
7 is to revise the Civil Administrative Code of Illinois by
8 renumbering and rearranging the provisions of that Code,
9 making only nonsubstantive changes.
10 Section 1-10. Prior law.
11 (a) A provision added to the Civil Administrative Code
12 of Illinois by this amendatory Act that is the same or
13 substantially the same as a prior law shall be construed as a
14 continuation of the prior law and not as a new or different
15 law.
16 (b) A citation in an Act other than the Civil
17 Administrative Code of Illinois to a Section of that Code
18 that is renumbered and continued in that Code by this
19 amendatory Act shall be construed to be a citation to that
20 renumbered and continued provision in that Code.
21 (c) The following provision duplicates another provision
22 of the Civil Administrative Code of Illinois that is
23 renumbered and continued in that Code, and the following
24 provision is therefore repealed without being continued in
25 the Code: Section 46.20 of the Civil Administrative Code of
26 Illinois (20 ILCS 605/46.20).
27 Section 1-15. Other Acts of the General Assembly. If any
28 other Act of the General Assembly changes, adds, or repeals a
29 provision of prior law that is renumbered and continued in
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1 the Civil Administrative Code of Illinois by this amendatory
2 Act, then that change, addition, or repeal in the other Act
3 shall be construed together with the Civil Administrative
4 Code of Illinois as amended by this amendatory Act.
5 Section 1-20. Matters of form.
6 (a) The parenthetic citation before a new Article
7 heading or new Section in the Form "(XX ILCS XX/Art. XX
8 heading new)" or "(XX ILCS XX/XX new)" (i) is an
9 informational reference to the citation of the new Article
10 heading or new Section in the Illinois Compiled Statutes and
11 (ii) is not part of the text of the law.
12 (b) The parenthetic citation before a new Section in the
13 form "(was XX ILCS XX/XX)" (i) is an informational reference
14 to the prior law from which the new Section is derived and
15 (ii) is not part of the text of the law.
16 (c) In the text of a new Section, (i) matter that is
17 stricken indicates a deletion from the prior law and (ii)
18 matter that is underscored indicates an addition to the prior
19 law. The purpose of striking and underscoring in this manner
20 is to clearly indicate all changes to prior laws that are
21 being renumbered and continued in the Civil Administrative
22 Code of Illinois. Matter in the text of a new Section that
23 is not stricken or underscored is matter being continued in
24 the Code with no changes.
25 (d) The parenthetic citation after a Section in the form
26 "(Source: Laws 19XX, p. XX)" or "(Source: P.A. XX-XXXX)" (i)
27 is an informational reference to the most recent sources of
28 the continued text in the Session Laws of Illinois and (ii)
29 is not part of the text of the law.
30 Section 1-25. Home rule; mandates. No provision
31 incorporated into the Civil Administrative Code of Illinois
32 by this amendatory Act (i) is a denial of or limitation on
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1 home rule powers if no denial or limitation existed under
2 prior law or (ii) creates a State mandate under the State
3 Mandates Act if no mandate existed under prior law.
4 ARTICLE 5. AMENDATORY PROVISIONS
5 Section 5-5. The Civil Administrative Code of Illinois
6 is amended by changing and renumbering and, in part,
7 resectioning the Sections of the Code and by adding certain
8 Article headings and Sections to the Code as follows:
9 (20 ILCS 5/Art. 1 heading new)
10 ARTICLE 1. SHORT TITLE
11 AND GENERAL PROVISIONS
12 (20 ILCS 5/1-1 new)
13 (was 20 ILCS 5/1) (from Ch. 127, par. 1)
14 Sec. 1-1. Short title. 1. This Act may be cited as the
15 Civil Administrative Code of Illinois.
16 (Source: P.A. 86-1475.)
17 (20 ILCS 5/1-5 new)
18 Sec. 1-5. Articles. The Civil Administrative Code of
19 Illinois consists of the following Articles:
20 Article 1. Short title and general provisions (20 ILCS
21 5/1-1 and following).
22 Article 5. Departments of State Government Law (20 ILCS
23 5/5-1 and following).
24 Article 10. Department on Aging Law (20 ILCS 110/).
25 Article 15. Department of Agriculture Law (20 ILCS 205/).
26 Article 20. Department of Human Services (Alcoholism and
27 Substance Abuse) Law (20 ILCS 310/).
28 Article 25. Department of Central Management Services Law
29 (20 ILCS 405/).
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1 Article 30. Department of Children and Family Services
2 Powers Law (20 ILCS 510/).
3 Article 35. Department of Commerce and Community Affairs
4 Law (20 ILCS 605/).
5 Article 40. Department of Natural Resources
6 (Conservation) Law (20 ILCS 805/).
7 Article 45. Department of Employment Security Law (20
8 ILCS 1005/).
9 Article 55. Department of Insurance Law (20 ILCS 1405/).
10 Article 60. Department of Labor Law (20 ILCS 1505/).
11 Article 65. Department of Human Services (Mental Health
12 and Developmental Disabilities) Law (20 ILCS 1710/).
13 Article 70. Department of Natural Resources (Mines and
14 Minerals) Law (20 ILCS 1905/).
15 Article 75. Department of Nuclear Safety Law (20 ILCS
16 2005/).
17 Article 80. Department of Professional Regulation Law (20
18 ILCS 2105/).
19 Article 85. Department of Public Aid Law (20 ILCS 2205/).
20 Article 90. Department of Public Health Powers and Duties
21 Law (20 ILCS 2310/).
22 Article 95. Department of Revenue Law (20 ILCS 2505/).
23 Article 100. Department of State Police Law (20 ILCS
24 2605/).
25 Article 105. Department of Transportation Law (20 ILCS
26 2705/).
27 Article 150. University of Illinois Exercise of Functions
28 and Duties Law (110 ILCS 355/).
29 Article 200. State Budget Law (15 ILCS 20/).
30 Article 205. State Fair Grounds Title Law (5 ILCS 620/).
31 (20 ILCS 5/Art. 5 heading new)
32 ARTICLE 5. DEPARTMENTS OF STATE GOVERNMENT
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1 (20 ILCS 5/5-1 new)
2 Sec. 5-1. Article short title. This Article 5 of the
3 Civil Administrative Code of Illinois may be cited as the
4 Departments of State Government Law.
5 (20 ILCS 5/5-5 new)
6 (was 20 ILCS 5/2) (from Ch. 127, par. 2)
7 Sec. 5-5. "Department". 2. The word "department," As used
8 in the Civil Administrative Code of Illinois this Act shall,
9 unless the context otherwise clearly indicates, the word
10 "department" means mean the several departments of the State
11 government as designated in Section 5-15 3 of this Law Act,
12 and none other.
13 (Source: Laws 1917, p. 2.)
14 (20 ILCS 5/5-10 new)
15 (was 20 ILCS 5/2.1)
16 Sec. 5-10. "Director". 2.1. As used in the Civil
17 Administrative this Code of Illinois, unless the context
18 clearly indicates otherwise, the word "director" means the
19 several directors of the departments of State government as
20 designated in Section 5-20 4 of this Law Code and includes
21 the Secretary of Human Services and the Secretary of
22 Transportation.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (20 ILCS 5/5-15 new)
25 (was 20 ILCS 5/3) (from Ch. 127, par. 3)
26 Sec. 5-15. Departments of State government. 3. The
27 Departments of State government are created as follows:
28 The Department on Aging.
29 The Department of Agriculture.
30 The Department of Central Management Services.
31 The Department of Children and Family Services.
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1 The Department of Commerce and Community Affairs.
2 The Department of Corrections.
3 The Department of Employment Security.
4 The Department of Financial Institutions.
5 The Department of Human Rights.
6 The Department of Human Services.
7 The Department of Insurance.
8 The Department of Labor.
9 The Department of the Lottery.
10 The Department of Natural Resources.
11 The Department of Nuclear Safety.
12 The Department of Professional Regulation.
13 The Department of Public Aid.
14 The Department of Public Health.
15 The Department of Revenue.
16 The Department of State Police.
17 The Department of Transportation.
18 The Department of the Veterans' Affairs.
19 The Department of Agriculture;
20 The Department of Labor;
21 The Department of Transportation;
22 The Department of Human Services;
23 The Department of Public Health;
24 The Department of Professional Regulation;
25 The Department of Natural Resources;
26 The Department of Insurance;
27 The Department of State Police;
28 The Department of Corrections;
29 The Department of Revenue;
30 The Department of Financial Institutions;
31 The Department of Public Aid;
32 The Department of Children and Family Services;
33 The Department of Commerce and Community Affairs;
34 The Department of Central Management Services;
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1 The Department on Aging;
2 The Department of Veterans' Affairs;
3 The Department of Nuclear Safety;
4 The Department of Human Rights;
5 The Department of Employment Security;
6 The Department of the Lottery.
7 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
8 (20 ILCS 5/5-20 new)
9 (was 20 ILCS 5/4) (from Ch. 127, par. 4)
10 Sec. 5-20. Heads of departments. 4. Each department
11 shall have an officer as its head who shall be known as
12 director or secretary and who shall, subject to the
13 provisions of the Civil Administrative Code of Illinois this
14 Act, execute the powers and discharge the duties vested by
15 law in his or her respective department.
16 The following officers are hereby created:
17 Director of Aging, for the Department on Aging.
18 Director of Agriculture, for the Department of
19 Agriculture.
20 Director of Central Management Services, for the
21 Department of Central Management Services.
22 Director of Children and Family Services, for the
23 Department of Children and Family Services.
24 Director of Commerce and Community Affairs, for the
25 Department of Commerce and Community Affairs.
26 Director of Corrections, for the Department of
27 Corrections.
28 Director of Employment Security, for the Department of
29 Employment Security.
30 Director of Financial Institutions, for the Department of
31 Financial Institutions.
32 Director of Human Rights, for the Department of Human
33 Rights.
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1 Secretary of Human Services, for the Department of Human
2 Services.
3 Director of Insurance, for the Department of Insurance.
4 Director of Labor, for the Department of Labor.
5 Director of the Lottery, for the Department of the
6 Lottery.
7 Director of Natural Resources, for the Department of
8 Natural Resources.
9 Director of Nuclear Safety, for the Department of Nuclear
10 Safety.
11 Director of Professional Regulation, for the Department
12 of Professional Regulation.
13 Director of Public Aid, for the Department of Public Aid.
14 Director of Public Health, for the Department of Public
15 Health.
16 Director of Revenue, for the Department of Revenue.
17 Director of State Police, for the Department of State
18 Police.
19 Secretary of Transportation, for the Department of
20 Transportation.
21 Director of Veterans' Affairs, for the Department of
22 Veterans' Affairs.
23 Director of Agriculture, for the Department of
24 Agriculture;
25 Director of Labor, for the Department of Labor;
26 Secretary of Transportation, for the Department of
27 Transportation;
28 Secretary of Human Services, for the Department of Human
29 Services;
30 Director of Public Health, for the Department of Public
31 Health;
32 Director of Professional Regulation, for the Department
33 of Professional Regulation;
34 Director of Natural Resources, for the Department of
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1 Natural Resources;
2 Director of Insurance, for the Department of Insurance;
3 Director of State Police, for the Department of State
4 Police;
5 Director of Corrections, for the Department of
6 Corrections;
7 Director of Revenue, for the Department of Revenue;
8 Director of Financial Institutions, for the Department of
9 Financial Institutions;
10 Director of Children and Family Services, for the
11 Department of Children and Family Services;
12 Director of Public Aid, for the Department of Public Aid;
13 Director of Commerce and Community Affairs, for the
14 Department of Commerce and Community Affairs;
15 Director of Central Management Services, for the
16 Department of Central Management Services;
17 Director of Aging, for the Department on Aging;
18 Director of Veterans' Affairs, for the Department of
19 Veterans' Affairs;
20 Director of Human Rights, for the Department of Human
21 Rights;
22 Director of Nuclear Safety, for the Department of Nuclear
23 Safety;
24 Director of Employment Security, for the Department of
25 Employment Security;
26 Director of the Lottery, for the Department of the
27 Lottery.
28 (Source: P.A. 89-445, eff. 2-7-96; 89-507, eff 7-1-97.)
29 (20 ILCS 5/5-95 new)
30 (was 20 ILCS 5/34) (from Ch. 127, par. 34)
31 Sec. 5-95. Pending actions and proceedings. 34. Neither
32 the Civil Administrative Code of Illinois nor this Act or any
33 amendments to the Code thereto shall not affect any act done,
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1 ratified, or confirmed, or any right accrued or established,
2 or any action or proceeding had or commenced in a civil or
3 criminal cause before the Code this Act or any amendments to
4 the Code take thereto takes effect. Those; but such actions
5 or proceedings may be prosecuted and continued by the
6 department having jurisdiction, under the Code this Act or
7 any amendments to the Code, thereto of the subject matter to
8 which the such litigation or proceeding pertains.
9 (Source: Laws 1925, p. 585.)
10 (20 ILCS 5/5-100 new)
11 (was 20 ILCS 5/5) (from Ch. 127, par. 5)
12 Sec. 5-100. Executive and administrative officers,
13 boards, and commissions. 5. In addition to the directors of
14 departments, the following executive and administrative
15 officers, boards, and commissions designated in the Sections
16 following this Section and preceding Section 5-200 are
17 created. These, which officers, boards, and commissions in
18 the respective departments shall hold offices created and
19 designated in those Sections 5.01 to 5.13j, each inclusive.
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (20 ILCS 5/5-105 new)
22 (was 20 ILCS 5/5.14) (from Ch. 127, par. 5.14)
23 Sec. 5-105. Direction, supervision, and control of
24 officers. Each officer 5.14. The officers named in the
25 Sections following Section 5-100 and preceding Section 5-200
26 5.01 to 5.13j shall, except as otherwise provided in the
27 Civil Administrative Code of Illinois this Act, be under the
28 direction, supervision, and control of the director or
29 secretary of the officer's their respective department
30 departments and shall perform the such duties prescribed by
31 as the director or secretary shall prescribe.
32 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 5/5-110 new)
2 (was 20 ILCS 5/5.02) (from Ch. 127, par. 5.02)
3 Sec. 5-110. 5.02. In the Department of Agriculture.
4 Assistant Director of Agriculture.
5 (Source: P.A. 80-594.)
6 (20 ILCS 5/5-115 new)
7 (was 20 ILCS 5/5.13e) (from Ch. 127, par. 5.13e)
8 Sec. 5-115. 5.13e. In the Department of Central
9 Management Services. Two Assistant Directors of Central
10 Management Services.
11 (Source: P.A. 82-789.)
12 (20 ILCS 5/5-120 new)
13 (was 20 ILCS 5/5.13g) (from Ch. 127, par. 5.13g)
14 Sec. 5-120. 5.13g. In the Department of Commerce and
15 Community Affairs. Assistant Director of Commerce and
16 Community Affairs.
17 (Source: P.A. 81-1509.)
18 (20 ILCS 5/5-125 new)
19 (was 20 ILCS 5/5.13i) (from Ch. 127, par. 5.13i)
20 Sec. 5-125. 5.13i. In the Department of Employment
21 Security. The board of review, which shall consist of 5 five
22 members, 2 two of whom shall be representative citizens
23 chosen from the employee class, 2 two of whom shall be
24 representative citizens chosen from the employing class, and
25 one of whom shall be a representative citizen not identified
26 with either the employing or employee classes.
27 (Source: P.A. 84-1240.)
28 (20 ILCS 5/5-130 new)
29 (was 20 ILCS 5/5.13b) (from Ch. 127, par. 5.13b)
30 Sec. 5-130. 5.13b. In the Department of Financial
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1 Institutions. Assistant Director of Financial Institutions.
2 (Source: Laws 1959, p. 2245.)
3 (20 ILCS 5/5-135 new)
4 (was 20 ILCS 5/5.13j)
5 Sec. 5-135. 5.13j. In the Department of Human Services.
6 There shall be 2 Assistant Secretaries of Human Services.
7 Their initial terms shall run from the date of appointment
8 until January 18, 1999, and until their successors have been
9 appointed and have qualified. Thereafter, their terms shall
10 be as provided in Section 5-605 12 of this Law Code.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (20 ILCS 5/5-140 new)
13 (was 20 ILCS 5/5.10) (from Ch. 127, par. 5.10)
14 Sec. 5-140. 5.10 In the Department of Insurance.
15 Assistant Director of Insurance.
16 (Source: Laws 1953, p. 82, 567, and 916.)
17 (20 ILCS 5/5-145 new)
18 (was 20 ILCS 5/5.03) (from Ch. 127, par. 5.03)
19 Sec. 5-145. 5.03. In the Department of Labor. Assistant
20 Director of Labor; Chief Factory Inspector; and
21 Superintendent of Safety Inspection and Education.
22 (Source: P.A. 83-1503.)
23 (20 ILCS 5/5-150 new)
24 (was 20 ILCS 5/5.09) (from Ch. 127, par. 5.09)
25 Sec. 5-150. 5.09. In the Department of Natural Resources.
26 Assistant Director of Natural Resources.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 5/5-155 new)
29 (was 20 ILCS 5/5.04) (from Ch. 127, par. 5.04)
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1 Sec. 5-155. 5.04. In the Office of Mines and Minerals of
2 the Department of Natural Resources. In the Office of Mines
3 and Minerals of the Department of Natural Resources, there
4 shall be a State Mining Board, which shall consist of 6 six
5 officers designated as mine officers and the Director of the
6 Office of Mines and Minerals. Three officers shall be
7 representatives of the employing class and 3 of the employee
8 class. The 6 mine officers shall be qualified as follows:
9 (1) A. Two mine officers from the employing class
10 shall have at least 4 years experience in a supervisory
11 capacity in an underground coal mine and each shall hold
12 a certificate of competency as a mine examiner or mine
13 manager.
14 (2) B. The third mine officer from the employing
15 class shall have at least 4 years experience in a
16 supervisory capacity in a surface coal mine.
17 (3) C. Two mine officers from the employee class
18 shall have 4 years experience in an underground coal mine
19 and shall hold a first class certificate of competency.
20 (4) D. The third mine officer from the employee
21 class shall have at least 4 years experience in a surface
22 coal mine.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-160 new)
25 (was 20 ILCS 5/5.13h) (from Ch. 127, par. 5.13h)
26 Sec. 5-160. 5.13h. In the Department of Nuclear Safety.
27 Assistant Director of Nuclear Safety.
28 (Source: P.A. 82-783.)
29 (20 ILCS 5/5-165 new)
30 (was 20 ILCS 5/5.13c) (from Ch. 127, par. 5.13c)
31 Sec. 5-165. 5.13c. In the Department of Public Aid.
32 Assistant Director of Public Aid.
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1 (Source: Laws 1963, p. 2055.)
2 (20 ILCS 5/5-170 new)
3 (was 20 ILCS 5/5.07) (from Ch. 127, par. 5.07)
4 Sec. 5-170. 5.07. In the Department of Public Health.
5 Assistant Director of Public Health.
6 (Source: Laws 1953, p. 82, 567, and 916.)
7 (20 ILCS 5/5-175 new)
8 (was 20 ILCS 5/5.12) (from Ch. 127, par. 5.12)
9 Sec. 5-175. 5.12. In the Department of Revenue. Assistant
10 Director of Revenue; and State Lottery Superintendent.
11 (Source: P.A. 83-1250.)
12 (20 ILCS 5/5-180 new)
13 (was 20 ILCS 5/5.11) (from Ch. 127, par. 5.11)
14 Sec. 5-180. 5.11. In the Department of State Police.
15 Assistant Director of State Police.
16 (Source: P.A. 84-25.)
17 (20 ILCS 5/5-185 new)
18 (was 20 ILCS 5/5.05) (from Ch. 127, par. 5.05)
19 Sec. 5-185. 5.05. In the Department of Transportation.
20 Assistant Secretary of Transportation.
21 (Source: P.A. 77-153.)
22 (20 ILCS 5/5-190 new)
23 (was 20 ILCS 5/5.01a) (from Ch. 127, par. 5.01a)
24 Sec. 5-190. 5.01a. In the Department of Veterans'
25 Affairs. Assistant Director of Veterans' Affairs.
26 (Source: P.A. 79-376.)
27 (20 ILCS 5/5-200 new)
28 (was 20 ILCS 5/7.11) (from Ch. 127, par. 7.11)
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1 Sec. 5-200. 7.11. Director of Aging. The Director of
2 Aging shall be a senior citizen, as that such term is defined
3 in the "Illinois Act on the Aging", enacted by the
4 Seventy-eighth General Assembly, as now or hereafter amended,
5 who has sufficient experience in providing services to the
6 aging.
7 (Source: P.A. 78-242.)
8 (20 ILCS 5/5-210 new)
9 (was 20 ILCS 5/7.08) (from Ch. 127, par. 7.08)
10 Sec. 5-210. 7.08. Director of Children and Family
11 Services. The Director of Children and Family Services shall
12 be qualified by professional education and experience to
13 administer the Department.
14 (Source: Laws 1963, p. 1055.)
15 (20 ILCS 5/5-215 new)
16 (was 20 ILCS 5/7.06) (from Ch. 127, par. 7.06)
17 Sec. 5-215. Director and Assistant Director of Financial
18 Institutions. 7.06. The Director and Assistant Director of
19 Financial Institutions shall be persons thoroughly conversant
20 with the theory and practice of the business and purposes of
21 financial institutions.
22 (Source: Laws 1959, p. 2245.)
23 (20 ILCS 5/5-220 new)
24 (was 20 ILCS 5/7.07b)
25 Sec. 5-220. 7.07b. Secretary of Human Services. The
26 initial term of the Secretary of Human Services shall run
27 from the date of appointment until January 18, 1999, and
28 until a successor has been appointed and has qualified.
29 Thereafter, terms shall be as provided in Section 5-605 12 of
30 this Law Code.
31 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 5/5-225 new)
2 (was 20 ILCS 5/7.04) (from Ch. 127, par. 7.04)
3 Sec. 5-225. In the Department of Professional Regulation.
4 7.04. Neither the Director, nor any other executive and
5 administrative officer in the Department of Professional
6 Regulation shall be affiliated with any college or school
7 that which prepares individuals for licensure in any
8 profession or occupation regulated by the Department, either
9 as teacher, officer, or stockholder, nor shall the director
10 or other executive and administrative officer he hold a
11 license or certificate to exercise or practice any of the
12 professions, trades, or occupations regulated.
13 (Source: P.A. 85-225.)
14 (20 ILCS 5/5-230 new)
15 (was 20 ILCS 5/7.09) (from Ch. 127, par. 7.09)
16 Sec. 5-230. 7.09. Director and Assistant Director of
17 Public Aid. The Director of Public Aid shall (1) have
18 substantial experience in responsible positions requiring
19 skill in administration and fiscal management, and (2) be
20 actively interested in the development of effective programs
21 for the alleviation of poverty and the reduction of
22 dependency and social maladjustment.
23 The Assistant Director of Public Aid shall have the same
24 general qualifications as those set forth for the Director of
25 Public Aid in clauses (1) and (2) of the preceding paragraph
26 above.
27 (Source: P.A. 81-1256.)
28 (20 ILCS 5/5-235 new)
29 (was 20 ILCS 5/7.03) (from Ch. 127, par. 7.03)
30 Sec. 5-235. In the Department of Public Health. 7.03. The
31 Director of Public Health shall be a physician licensed to
32 practice medicine in all of its branches in Illinois.
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1 The Assistant Director of Public Health shall be a person
2 who has administrative experience in public health work.
3 (Source: P.A. 87-633.)
4 (20 ILCS 5/5-300 new)
5 (was 20 ILCS 5/9) (from Ch. 127, par. 9)
6 Sec. 5-300. Officers' qualifications and salaries. 9. The
7 executive and administrative officers, whose offices are
8 created by this Act, must have the qualifications prescribed
9 by law and shall receive annual salaries, payable in equal
10 monthly installments, as designated in the Sections following
11 this Section and preceding Section 5-500 9.01 through 9.25.
12 (Source: P.A. 81-1516.)
13 (20 ILCS 5/5-305 new)
14 (was 20 ILCS 5/9.01) (from Ch. 127, par. 9.01)
15 Sec. 5-305. Officers' tuition reimbursement. 9.01.
16 Officers may receive tuition reimbursement for continuing
17 education programs at accredited colleges and universities.
18 Reimbursement of a department head's tuition shall be limited
19 to reimbursement for 4 or fewer course hours per semester,
20 shall require the Governor's approval of enrollment with
21 certification that participation will benefit the State, and
22 shall require proof of satisfactory completion of the course
23 prior to reimbursement.
24 (Source: P.A. 84-500.)
25 (20 ILCS 5/5-310 new)
26 (was 20 ILCS 5/9.21) (from Ch. 127, par. 9.21)
27 Sec. 5-310. 9.21. In the Department on of Aging. The
28 Director of Aging shall receive $35,200 from the third Monday
29 in January, 1979 to the third Monday in January, 1980;
30 $37,300 from the third Monday in January, 1980 to the third
31 Monday in January, 1981; $39,500 from the third Monday in
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1 January, 1981 to the third Monday in January, 1982, and
2 $40,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.
4 (Source: P.A. 83-1177.)
5 (20 ILCS 5/5-315 new)
6 (was 20 ILCS 5/9.02) (from Ch. 127, par. 9.02)
7 Sec. 5-315. 9.02. In the Department of Agriculture. The
8 Director of Agriculture shall receive $38,500 from the third
9 Monday in January, 1979 to the third Monday in January, 1980;
10 $40,800 from the third Monday in January, 1980 to the third
11 Monday in January, 1981, and $43,000 thereafter or as set by
12 the Compensation Review Board, whichever is greater.;
13 The Assistant Director of Agriculture shall receive
14 $33,000 from the third Monday in January, 1979 to the third
15 Monday in January, 1980; $34,900 from the third Monday in
16 January, 1980 to the third Monday in January, 1981 and
17 $37,000 thereafter or as set by the Compensation Review
18 Board, whichever is greater.
19 (Source: P.A. 83-1177.)
20 (20 ILCS 5/5-320 new)
21 (was 20 ILCS 5/9.19) (from Ch. 127, par. 9.19)
22 Sec. 5-320. 9.19. In the Department of Central
23 Management Services. The Director of Central Management
24 Services shall receive $52,000 annually, or an amount set by
25 the Compensation Review Board, whichever is greater.;
26 Each Assistant Director of Central Management Services
27 shall receive $40,000 annually, or an amount set by the
28 Compensation Review Board, whichever is greater.
29 (Source: P.A. 83-1177.)
30 (20 ILCS 5/5-325 new)
31 (was 20 ILCS 5/9.16) (from Ch. 127, par. 9.16)
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1 Sec. 5-325. 9.16. In the Department of Children and
2 Family Services. The Director of Children and Family
3 Services shall receive an annual salary of $76,991 or as set
4 by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 87-1216.)
6 (20 ILCS 5/5-330 new)
7 (was 20 ILCS 5/9.18) (from Ch. 127, par. 9.18)
8 Sec. 5-330. 9.18. In the Department of Commerce and
9 Community Affairs. The Director of Commerce and Community
10 Affairs shall receive $41,800 annually from the date of his
11 appointment to the third Monday in January, 1980; $44,300
12 from the third Monday in January, 1980 to the third Monday in
13 January, 1981; and $46,000 thereafter or as set by the
14 Compensation Review Board, whichever is greater.
15 The Assistant Director of Commerce and Community Affairs
16 shall receive $35,200 annually from the date of his
17 appointment to the third Monday in January, 1980; $37,300
18 from the third Monday in January, 1980 to the third Monday in
19 January, 1981, and $39,000 thereafter or as set by the
20 Compensation Review Board, whichever is greater.
21 (Source: P.A. 83-1177.)
22 (20 ILCS 5/5-335 new)
23 (was 20 ILCS 5/9.11a) (from Ch. 127, par. 9.11a)
24 Sec. 5-335. 9.11a. In the Department of Corrections. The
25 Director of Corrections shall receive an annual salary of
26 $85,000 or as set by the Compensation Review Board, whichever
27 is greater.
28 The Assistant Director of Corrections - Juvenile Division
29 shall receive $35,200 from the third Monday in January, 1979
30 to the third Monday in January, 1980; $37,300 from the third
31 Monday in January, 1980 to the third Monday in January, 1981,
32 and $39,000 thereafter or as set by the Compensation Review
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1 Board, whichever is greater.
2 The Assistant Director of Corrections - Adult Division
3 shall receive $35,200 from the third Monday in January, 1979
4 to the third Monday in January, 1980; $37,300 from the third
5 Monday in January, 1980 to the third Monday in January, 1981,
6 and $39,000 thereafter or as set by the Compensation Review
7 Board, whichever is greater.
8 (Source: P.A. 87-1216.)
9 (20 ILCS 5/5-340 new)
10 (was 20 ILCS 5/9.30) (from Ch. 127, par. 9.30)
11 Sec. 5-340. 9.30. In the Department of Employment
12 Security. The Director of Employment Security shall receive
13 an annual salary of $53,500, or an amount set by the
14 Compensation Review Board, whichever is greater.
15 Each member of the Board of Review shall receive $15,000.
16 (Source: P.A. 84-26.)
17 (20 ILCS 5/5-345 new)
18 (was 20 ILCS 5/9.15) (from Ch. 127, par. 9.15)
19 Sec. 5-345. 9.15. In the Department of Financial
20 Institutions. The Director of Financial Institutions shall
21 receive $38,500 from the third Monday in January, 1979 to the
22 third Monday in January, 1980; $40,800 from the third Monday
23 in January, 1980 to the third Monday in January, 1981, and
24 $43,000 thereafter or as set by the Compensation Review
25 Board, whichever is greater.;
26 The Assistant Director of Financial Institutions shall
27 receive $33,000 from the third Monday in January, 1979 to the
28 third Monday in January, 1980; $34,900 from the third Monday
29 in January, 1980 to the third Monday in January 1981, and
30 $37,000 thereafter or as set by the Compensation Review
31 Board, whichever is greater.
32 (Source: P.A. 83-1177.)
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1 (20 ILCS 5/5-350 new)
2 (was 20 ILCS 5/9.24) (from Ch. 127, par. 9.24)
3 Sec. 5-350. In the Department of Human Rights. 9.24. The
4 Director of Human Rights shall receive $44,000 or as set by
5 the Compensation Review Board, whichever is greater.
6 (Source: P.A. 83-1177.)
7 (20 ILCS 5/5-355 new)
8 (was 20 ILCS 5/9.05a)
9 Sec. 5-355. 9.05a. In the Department of Human Services.
10 The Secretary of Human Services shall receive an annual
11 salary equal to the salary payable to the Director of
12 Corrections under Section 5-335 9.11a of this Law Code, or
13 such other amount as may be set by the Compensation Review
14 Board.
15 The Assistant Secretaries of Human Services shall each
16 receive an annual salary equal to the salary payable to an
17 Assistant Director of Public Aid under Section 5-395 9.17 of
18 this Law Code, or such other amount as may be set by the
19 Compensation Review Board.
20 (Source: P.A. 89-507, eff. 7-1-97.)
21 (20 ILCS 5/5-360 new)
22 (was 20 ILCS 5/9.10) (from Ch. 127, par. 9.10)
23 Sec. 5-360. 9.10. In the Department of Insurance. The
24 Director of Insurance shall receive $38,500 from the third
25 Monday in January, 1979 to the third Monday in January, 1980;
26 $40,800 from the third Monday in January, 1980 to the third
27 Monday in January, 1981, and $43,000 thereafter or as set by
28 the Compensation Review Board, whichever is greater.;
29 The Assistant Director of Insurance shall receive $30,800
30 from the third Monday in January, 1979 to the third Monday in
31 January, 1980; $32,600 from the third Monday in January, 1980
32 to the third Monday in January, 1981; $34,600 from the third
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1 Monday in January, 1981 to the third Monday in January, 1982,
2 and $36,000 thereafter or as set by the Compensation Review
3 Board, whichever is greater.
4 (Source: P.A. 83-1177.)
5 (20 ILCS 5/5-365 new)
6 (was 20 ILCS 5/9.03) (from Ch. 127, par. 9.03)
7 Sec. 5-365. 9.03. In the Department of Labor. The
8 Director of Labor shall receive $38,500 from the third Monday
9 in January, 1979 to the third Monday in January, 1980;
10 $40,800 from the third Monday in January, 1980 to the third
11 Monday in January, 1981, and $43,000 thereafter or as set by
12 the Compensation Review Board, whichever is greater.;
13 The Assistant Director of Labor shall receive $33,000
14 from the third Monday in January, 1979 to the third Monday in
15 January, 1980; $34,900 from the third Monday in January, 1980
16 to the third Monday in January, 1981, and $37,000 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.;
19 The Chief Factory Inspector shall receive $24,700 from
20 the third Monday in January, 1979 to the third Monday in
21 January, 1980, and $25,000 thereafter, or as set by the
22 Compensation Review Board, whichever is greater.;
23 The Superintendent of Safety Inspection and Education
24 shall receive $27,500, or as set by the Compensation Review
25 Board, whichever is greater.;
26 The Superintendent of Women's and Children's Employment
27 shall receive $22,000 from the third Monday in January, 1979
28 to the third Monday in January, 1980, and $22,500 thereafter,
29 or as set by the Compensation Review Board, whichever is
30 greater.
31 (Source: P.A. 83-1177; 83-1503.)
32 (20 ILCS 5/5-370 new)
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1 (was 20 ILCS 5/9.31) (from Ch. 127, par. 9.31)
2 Sec. 5-370. 9.31. In the Department of the Lottery. The
3 Director of the Lottery shall receive an annual salary of
4 $39,000, or an amount set by the Compensation Review Board,
5 whichever is greater.
6 (Source: P.A. 84-1438.)
7 (20 ILCS 5/5-375 new)
8 (was 20 ILCS 5/9.09) (from Ch. 127, par. 9.09)
9 Sec. 5-375. 9.09. In the Department of Natural Resources.
10 The Director of Natural Resources shall continue to receive
11 the annual salary set by law for the Director of Conservation
12 until January 20, 1997. Beginning on that date, the Director
13 of Natural Resources shall receive an annual salary of
14 $40,000 or the amount set by the Compensation Review Board,
15 whichever is greater.
16 The Assistant Director of Natural Resources shall
17 continue to receive the annual salary set by law for the
18 Assistant Director of Conservation until January 20, 1997.
19 Beginning on that date, the Assistant Director of Natural
20 Resources shall receive an annual salary of $33,000 or the
21 amount set by the Compensation Review Board, whichever is
22 greater.
23 (Source: P.A. 89-445, eff. 2-7-96.)
24 (20 ILCS 5/5-380 new)
25 (was 20 ILCS 5/9.04) (from Ch. 127, par. 9.04)
26 Sec. 5-380. 9.04. In the Office of Mines and Minerals of
27 the Department of Natural Resources. Each mine officer shall
28 receive $7,500 or the amount set by the Compensation Review
29 Board, whichever is greater.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 5/5-385 new)
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1 (was 20 ILCS 5/9.25) (from Ch. 127, par. 9.25)
2 Sec. 5-385. 9.25. In the Department of Nuclear Safety.
3 The Director of Nuclear Safety shall receive $45,000 or as
4 set by the Compensation Review Board, whichever is greater.
5 (Source: P.A. 83-1177.)
6 (20 ILCS 5/5-390 new)
7 (was 20 ILCS 5/9.08) (from Ch. 127, par. 9.08)
8 Sec. 5-390. 9.08. In the Department of Professional
9 Regulation. The Director of Professional Regulation shall
10 receive $35,200 from the third Monday in January, 1979 to the
11 third Monday in January, 1980; $37,300 from the third Monday
12 in January, 1980 to the third Monday in January, 1981 and
13 $44,000 thereafter or as set by the Compensation Review
14 Board, whichever is greater.
15 (Source: P.A. 85-225.)
16 (20 ILCS 5/5-395 new)
17 (was 20 ILCS 5/9.17) (from Ch. 127, par. 9.17)
18 Sec. 5-395. 9.17. In the Department of Public Aid. The
19 Director of Public Aid shall receive $48,400 from the third
20 Monday in January, 1979 to the third Monday in January, 1980;
21 $51,300 from the third Monday in January, 1980 to the third
22 Monday in January, 1981, and $52,000 thereafter or as set by
23 the Compensation Review Board, whichever is greater.;
24 The Assistant Director of Public Aid shall receive
25 $35,200 from the third Monday in January, 1979 to the third
26 Monday in January, 1980; $37,300 from the third Monday in
27 January, 1980 to the third Monday in January, 1981; $39,500
28 from the third Monday in January, 1981 to the third Monday in
29 January, 1982, and $40,000 thereafter or as set by the
30 Compensation Review Board, whichever is greater.
31 (Source: P.A. 83-1177.)
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1 (20 ILCS 5/5-400 new)
2 (was 20 ILCS 5/9.07) (from Ch. 127, par. 9.07)
3 Sec. 5-400. 9.07. In the Department of Public Health. The
4 Director of Public Health shall receive $48,400 from the
5 third Monday in January, 1979 to the third Monday in January,
6 1980; $51,300 from the third Monday in January, 1980 to the
7 third Monday in January, 1981, and $52,000 thereafter or as
8 set by the Compensation Review Board, whichever is greater.;
9 The Assistant Director of Public Health shall receive
10 $35,200 from the third Monday in January, 1979 to the third
11 Monday in January, 1980; $37,300 from the third Monday in
12 January, 1980 to the third Monday in January, 1981; $39,500
13 from the third Monday in January, 1981 to the third Monday in
14 January, 1982, and $40,000 thereafter or as set by the
15 Compensation Review Board, whichever is greater.
16 (Source: P.A. 83-1177.)
17 (20 ILCS 5/5-405 new)
18 (was 20 ILCS 5/9.12) (from Ch. 127, par. 9.12)
19 Sec. 5-405. 9.12. In the Department of Revenue. The
20 Director of Revenue shall receive $41,800 from the third
21 Monday in January, 1979 to the third Monday in January, 1980;
22 $44,300 from the third Monday in January, 1980 to the third
23 Monday in January, 1981, and $46,000 thereafter or as set by
24 the Compensation Review Board, whichever is greater.;
25 The Assistant Director of Revenue shall receive $35,200
26 from the third Monday in January, 1979 to the third Monday in
27 January, 1980; $37,300 from the third Monday in January, 1980
28 to the third Monday in January, 1981, and $39,000 thereafter
29 or as set by the Compensation Review Board, whichever is
30 greater.
31 Beginning July 1, 1990, the annual salary of the Taxpayer
32 Ombudsman shall be the greater of an amount set by the
33 Compensation Review Board or $69,000, adjusted each July 1
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1 thereafter by a percentage increase equivalent to that of the
2 "Employment Cost Index, Wages and Salaries, By Occupation and
3 Industry Groups: State and Local Government Workers: Public
4 Administration" as published by the Bureau of Labor
5 Statistics of the U.S. Department of Labor for the calendar
6 year immediately preceding the year of the respective July
7 1st increase date, the such increase to be no less than zero
8 nor greater than 5% five percent and to be added to the then
9 current annual salary.
10 (Source: P.A. 86-1338)
11 (20 ILCS 5/5-410 new)
12 (was 20 ILCS 5/9.11) (from Ch. 127, par. 9.11)
13 Sec. 5-410. 9.11. In the Department of State Police. The
14 Director of State Police shall receive $41,800 from the third
15 Monday in January, 1979 to the third Monday in January, 1980;
16 $44,300 from the third Monday in January, 1980 to the third
17 Monday in January, 1981, and $46,000 thereafter or as set by
18 the Compensation Review Board, whichever is greater.;
19 The Assistant Director of State Police shall receive
20 $35,200 from the third Monday in January, 1979 to the third
21 Monday in January, 1980; $37,300 from the third Monday in
22 January, 1980 to the third Monday in January, 1981, and
23 $39,000 thereafter or as set by the Compensation Review
24 Board, whichever is greater.
25 (Source: P.A. 84-25; 84-832.)
26 (20 ILCS 5/5-415 new)
27 (was 20 ILCS 5/9.05) (from Ch. 127, par. 9.05)
28 Sec. 5-415. 9.05. In the Department of Transportation.
29 The Secretary of Transportation shall receive $48,400 from
30 the third Monday in January, 1979 to the third Monday in
31 January, 1980; $51,300 from the third Monday in January, 1980
32 to the third Monday in January, 1981, and $52,000 thereafter
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1 or as set by the Compensation Review Board, whichever is
2 greater.;
3 The Assistant Secretary of Transportation shall receive
4 $38,500 from the third Monday in January, 1979 to the third
5 Monday in January, 1980; $40,800 from the third Monday in
6 January, 1980 to the third Monday in January, 1981, and
7 $43,000 thereafter or as set by the Compensation Review
8 Board, whichever is greater.
9 (Source: P.A. 83-1177.)
10 (20 ILCS 5/5-420 new)
11 (was 20 ILCS 5/9.22) (from Ch. 127, par. 9.22)
12 Sec. 5-420. In the Department of Veterans' Affairs. 9.22.
13 The Director of Veterans' Affairs shall receive $38,500 from
14 the third Monday in January, 1979 to the third Monday in
15 January, 1980; $40,800 from the third Monday in January, 1980
16 to the third Monday in January, 1981, and $43,000 thereafter
17 or as set by the Compensation Review Board, whichever is
18 greater.
19 The Assistant Director of Veterans' Affairs shall receive
20 $33,000 from the third Monday in January, 1979 to the third
21 Monday in January, 1980; $34,900 from the third Monday in
22 January, 1980 to the third Monday in January, 1981, and
23 $37,000 thereafter or as set by the Compensation Review
24 Board, whichever is greater.
25 (Source: P.A. 83-1177.)
26 (20 ILCS 5/5-500 new)
27 (was 20 ILCS 5/6) (from Ch. 127, par. 6)
28 Sec. 5-500. Advisory and non-executive boards. 6.
29 Advisory and non-executive boards, in the respective
30 departments, are created as designated in the Sections
31 following this Section and preceding Section 5-600 6.01
32 through 6.27. The members of the such boards shall be
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1 officers.
2 (Source: P.A. 76-1158.)
3 (20 ILCS 5/5-505 new)
4 (was 20 ILCS 5/8) (from Ch. 127, par. 8)
5 Sec. 5-505. Boards' general powers and duties. 8. Each
6 advisory and non-executive board, except as otherwise
7 expressly provided in this Act, and in addition to all powers
8 and duties otherwise expressly provided, shall, with respect
9 to its field of work, or that of the department with which it
10 is associated, have the following powers and duties:
11 (1) 1. To consider and study the entire field; to
12 advise the executive officers of the department upon
13 their request; to recommend, on its own initiative,
14 policies and practices, which recommendations the
15 executive officers of the department shall duly
16 consider;, and to give advice or make recommendations to
17 the Governor and the General Assembly when so requested,
18 or on its own initiative.;
19 (2) 2. To investigate the conduct of the work of
20 the department with which it may be associated, and for
21 this purpose to have access, at any time, to all books,
22 papers, documents, and records pertaining or belonging to
23 that department thereto, and to require written or oral
24 information from any officer or employee of that
25 department thereof;
26 (3) 3. To adopt rules, not inconsistent with law,
27 for its internal control and management., A copy of the
28 which rules shall be filed with the director of the
29 department with which the such board is associated.;
30 (4) 4. To hold meetings at the such times and
31 places as may be prescribed by the rules but, not less
32 frequently, however, than quarterly.;
33 (5) 5. To act by a sub-committee, or by a majority
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1 of the board, if the rules so prescribe.;
2 (6) 6. To keep minutes of the transactions of each
3 session, regular or special, which shall be public
4 records and filed with the director of the department.;
5 (7) 7. To give notice to the Governor and to the
6 director of the department with which it is associated of
7 the time and place of every meeting, regular or special,
8 and to permit the Governor and the director of the
9 department to be present and to be heard upon any matter
10 coming before the such board.
11 (Source: Laws 1955, p. 2222.)
12 (20 ILCS 5/5-510 new)
13 (was 20 ILCS 5/8.1) (from Ch. 127, par. 8.1)
14 Sec. 5-510. Gender balanced appointments. 8.1. All
15 appointments to boards, commissions, committees, and councils
16 of the State created by the laws of this State and after July
17 1, 1992 the effective date of this Section shall be gender
18 balanced to the extent possible and to the extent that
19 appointees are qualified to serve on those boards,
20 commissions, committees, and councils. If gender balance is
21 not possible, then appointments shall provide for significant
22 representation of both sexes to boards, commissions,
23 committees, and councils governed by this Section and the
24 Gender Balanced Appointments Act. If there are multiple
25 appointing authorities for a board, commission, committee, or
26 council, they shall each strive to achieve gender balance in
27 their appointments.
28 Appointments made in accordance with this Section should
29 be made in a manner that makes a good faith attempt to seek
30 gender balance based on the numbers of each gender belonging
31 to the group from which appointments are made.
32 (Source: P.A. 87-797.)
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1 (20 ILCS 5/5-515 new)
2 (was 20 ILCS 5/10) (from Ch. 127, par. 10)
3 Sec. 5-515. Compensation prohibited. 10. No member of an
4 advisory and non-executive board shall receive any
5 compensation.
6 (Source: Laws 1917, p. 2.)
7 (20 ILCS 5/5-520 new)
8 (was 20 ILCS 5/6.27) (from Ch. 127, par. 6.27)
9 Sec. 5-520. 6.27. In the Department on Aging. A Council
10 on Aging and a Coordinating Committee of State Agencies
11 Serving Older Persons composed and appointed as provided in
12 the Illinois Act on the Aging.
13 (Source: P.A. 89-249, eff. 8-4-95.)
14 (20 ILCS 5/5-525 new)
15 (was 20 ILCS 5/6.01) (from Ch. 127, par. 6.01)
16 Sec. 5-525. 6.01. In the Department of Agriculture.
17 (a) A Board of Agricultural Advisors composed of 17
18 persons engaged in agricultural industries, including
19 representatives of the agricultural press and of the State
20 Agricultural Experiment Station.
21 (b) An Advisory Board of Livestock Commissioners to
22 consist of 24 persons. The Board shall consist of the
23 administrator of animal disease programs, the Dean of the
24 College of Agriculture of the University of Illinois, the
25 Dean of the College of Veterinary Medicine of the University
26 of Illinois, and commencing on January 1, 1990 the Deans or
27 Chairmen of the Colleges or Departments of Agriculture of
28 Illinois State University, Southern Illinois University, and
29 Western Illinois University in that order who shall each
30 serve for 1 year terms, provided that commencing on January
31 1, 1993 such terms shall be for 2 years in the same order,
32 the Director of Public Health, the chairman of the
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1 Agriculture, Conservation and Energy Committee of the Senate,
2 and the chairman of the Committee on Agriculture of the House
3 of Representatives, who shall ex-officio be members of the
4 Board, thereof and 17 additional persons interested in the
5 prevention, elimination and control of diseases of domestic
6 animals and poultry who shall be appointed by the Governor to
7 serve at the Governor's his pleasure. An appointed member's
8 office becomes vacant upon the member's his absence from 3
9 consecutive meetings. Of the 17 such additional persons, one
10 shall be a representative of breeders of beef cattle, one
11 shall be a representative of breeders of dairy cattle, one
12 shall be a representative of breeders of dual purpose cattle,
13 one shall be a representative of breeders of swine, one shall
14 be a representative of poultry breeders, one shall be a
15 representative of sheep breeders, one shall be a veterinarian
16 licensed in this State, one shall be a representative of
17 general or diversified farming, one shall be a representative
18 of the public stockyards, one shall be a representative of
19 livestock auction markets, one shall be a representative of
20 cattle feeders, one shall be a representative of pork
21 producers, one shall be a representative of the State
22 licensed meat packers, one shall be a representative of
23 canine breeders, one shall be a representative of equine
24 breeders, one shall be a representative of the Illinois
25 licensed renderers, and one shall be a representative of
26 livestock dealers. The members shall receive no compensation
27 but shall be reimbursed for expenses necessarily incurred in
28 the performance of their duties. In the appointment of the
29 such Advisory Board of Livestock Commissioners, the Governor
30 shall consult with representative persons and recognized
31 organizations in the respective fields concerning the such
32 appointments.
33 Rules and regulations of the Department of Agriculture
34 pertaining to the prevention, elimination, and control of
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1 diseases of domestic animals and poultry shall be submitted
2 to the Advisory Board of Livestock Commissioners for approval
3 at its duly called meeting. The chairman of the Board shall
4 certify the official minutes of the Board's action and shall
5 file the certified minutes with the Department of Agriculture
6 within 30 days after the proposed rules and regulations are
7 submitted and before they are promulgated and made effective.
8 If the Board fails to take action within 30 days this
9 limitation shall not apply and the such rules and regulations
10 may be promulgated and made effective. In the event it is
11 deemed desirable, the Board may hold hearings upon the such
12 rules and regulations or proposed revisions. The Board
13 members shall be familiar with the Acts relating to the
14 prevention, elimination, and control of diseases among
15 domestic animals and poultry. The Department shall, upon the
16 request of a Board member, advise the with such Board
17 concerning the administration of the respective Acts.
18 The Director of Agriculture or his representative from
19 the Department shall act as chairman of the Board. The
20 Director shall call meetings of the Board thereof from time
21 to time or when requested by 3 or more appointed members of
22 the Board. A quorum of appointed members must be present to
23 convene an official meeting. The chairman and ex-officio
24 members shall not be included in a quorum call. Ex-officio
25 members may be represented by a duly authorized
26 representative from their department, division, college, or
27 committee. Appointed members shall not be represented at a
28 meeting by another person. Ex-officio members and appointed
29 members shall have the right to vote on all proposed rules
30 and regulations; voting that in effect would pertain to
31 approving rules and regulations shall be taken by an oral
32 roll call. No member shall vote by proxy. The chairman shall
33 not vote except in the case of a tie vote. Any member
34 ex-officio or appointed member may ask for and shall receive
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1 an oral roll call on any motion before the Board. The
2 Department shall provide a clerk to take minutes of the
3 meetings and record transactions of the Board. The Board, by
4 oral roll call, may require an official court reporter to
5 record the minutes of the meetings.
6 (Source: P.A. 86-232.)
7 (20 ILCS 5/5-530 new)
8 (was 20 ILCS 5/6.01a) (from Ch. 127, par. 6.01a)
9 Sec. 5-530. 6.01a. In the Department of Agriculture and
10 in cooperation with the Department of Commerce and Community
11 Affairs. An Agricultural Export Advisory Committee composed
12 of the following: 2 members of the House of Representatives,
13 to be appointed by the Speaker of the House of
14 Representatives thereof; 2 members of the Senate, to be
15 appointed by the President of the Senate; the Director of
16 Agriculture, who shall serve as Secretary of the Committee;
17 and not more than 15 members to be appointed by the Governor.
18 The members of the committee shall receive no compensation,
19 but shall be reimbursed for expenses necessarily incurred in
20 the performance of their duties under this Act.
21 (Source: P.A. 81-1509.)
22 (20 ILCS 5/5-535 new)
23 (was 20 ILCS 5/6.15) (from Ch. 127, par. 6.15)
24 Sec. 5-535. 6.15. In the Department of Children and
25 Family Services. A Children and Family Services Advisory
26 Council of 17 members, one of whom shall be a senior citizen
27 age 60 or over, appointed by the Governor. The Such Council
28 shall advise the Department with respect to services and
29 programs for children, and for adults under its care. In
30 appointing the first Council, 8 members shall be named to
31 serve 2 years, and 8 members named to serve 4 years. The
32 member first appointed under Public this amendatory Act
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1 83-1538 of 1984 shall serve for a term of 4 years. All
2 members appointed thereafter shall be appointed for terms of
3 4 years. At its first meeting the Council shall select a
4 chairman from among its members and appoint a committee to
5 draft rules of procedure.
6 (Source: P.A. 83-1538.)
7 (20 ILCS 5/5-540 new)
8 (was 20 ILCS 5/6.28 and 5/7.01) (from Ch. 127, par. 6.28
9 and 7.01)
10 Sec. 5-540. 6.28. In the Department of Employment
11 Security.
12 (a) A Board of Unemployment Compensation and Free
13 Employment Office Advisors, composed of 9 persons.
14 Sec. 7.01. Of the 9 nine members of the Board of
15 Unemployment Compensation and Free Employment Office
16 Advisors, 3 three members shall be representative citizens
17 chosen from the employee class, 3 three members shall be
18 representative citizens chosen from the employing class, and
19 3 three members shall be representative citizens not
20 identified with either the employing or the employee class
21 classes.
22 (b) Of the 5 five local Illinois free employment office
23 advisors, 2 two shall be representative citizens of the
24 employee class, 2 two shall be representative citizens chosen
25 from the employing class, and the other shall be a
26 representative citizen not identified with either the
27 employing or the employee class classes.
28 (Source: Laws 1957, p. 1270; P.A. 83-1503.)
29 (20 ILCS 5/5-545 new)
30 (was 20 ILCS 5/6.04) (from Ch. 127, par. 6.04)
31 Sec. 5-545. 6.04. In the Department of Human Services.
32 A Psychiatric Advisory Council appointed by and at the
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1 discretion of the Secretary of Human Services, consisting of
2 representatives from the several schools and institutes in
3 Illinois conducting programs of psychiatric training, which
4 shall advise the Department with respect to its policies and
5 programs relating to mental health or developmental
6 disabilities. The members shall serve for the such terms
7 that as the Secretary shall designate.
8 (Source: P.A. 89-507, eff. 7-1-97.)
9 (20 ILCS 5/5-550 new)
10 (was 20 ILCS 5/6.23) (from Ch. 127, par. 6.23)
11 Sec. 5-550. 6.23. In the Department of Human Services.
12 A Rehabilitation Services Advisory Council, hereinafter
13 referred to as the Council, is hereby established for the
14 purpose of advising the Secretary in matters concerning
15 individuals with disabilities and the provision of
16 rehabilitation services. The Council shall consist of 23
17 members appointed by the Governor after soliciting
18 recommendations from representatives of organizations
19 representing a broad range of individuals with disabilities
20 and organizations interested in individuals with
21 disabilities. The Governor shall appoint to this Council the
22 following:
23 (1) One representative of a parent training center
24 established in accordance with the federal Individuals
25 with Disabilities Education Act.
26 (2) One representative of the client assistance
27 program.
28 (3) One vocational rehabilitation counselor who has
29 knowledge of and experience with vocational
30 rehabilitation programs. (If an employee of the
31 Department is appointed, that appointee shall serve as an
32 ex officio, nonvoting member.)
33 (4) One representative of community rehabilitation
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1 program service providers.
2 (5) Four representatives of business, industry, and
3 labor.
4 (6) Eight representatives of disability advocacy
5 groups representing a cross section of the following:
6 (A) individuals with physical, cognitive,
7 sensory, and mental disabilities; and
8 (B) parents, family members, guardians,
9 advocates, or authorized representative of
10 individuals with disabilities who have difficulty in
11 representing themselves or who are unable, due to
12 their disabilities, to represent themselves.
13 (7) One current or former applicant for, or
14 recipient of, vocational rehabilitation services.
15 (8) Three representatives from secondary or higher
16 education.
17 The chairperson of the Statewide Independent Living Council
18 created under Section 12a of the Disabled Persons
19 Rehabilitation Act, the chairperson of the Blind Services
20 Planning Council created under the Bureau for the Blind Act,
21 and the Secretary of Human Services shall serve as ex officio
22 members.
23 The Council shall select a Chairperson.
24 The Chairperson and at least 11 other members of the
25 Council shall have a recognized disability. One member shall
26 be a senior citizen age 60 or over. A majority of the
27 Council members shall not be employees of the Department of
28 Human Services. Current members of the Rehabilitation
29 Services Advisory Council shall serve until members of the
30 newly created Council are appointed.
31 The terms of all members appointed before the effective
32 date of Public this amendatory Act 88-10 of 1993 shall expire
33 on July 1, 1993. The members first appointed under Public
34 this amendatory Act 88-10 of 1993 shall be appointed to serve
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1 for staggered terms beginning July 1, 1993, as follows: 7
2 members shall be appointed for terms of 3 years, 7 members
3 shall be appointed for terms of 2 years, and 6 members shall
4 be appointed for terms of one year. Thereafter, all
5 appointments shall be for terms of 3 years. Vacancies shall
6 be filled for the unexpired term. Members shall serve until
7 their successors are appointed and qualified. No member
8 shall serve for more than 2 full terms.
9 Members shall be reimbursed for their actual expenses
10 incurred in the performance of their duties, including
11 expenses for travel, child care, and personal assistance
12 services, and a member who is not employed or who must
13 forfeit wages from other employment shall be paid reasonable
14 compensation for each day the member is engaged in performing
15 the duties of the Council.
16 The Council shall meet at least 4 times per year at times
17 and places designated by the Chairman upon 10 days written
18 notice to the members. Special meetings may be called by the
19 Chairperson or 7 members of the Council upon 7 days written
20 notice to the other members. Twelve members shall constitute
21 a quorum. No member of the Council shall cast a vote on any
22 matter that would provide direct financial benefit to the
23 member or otherwise give the appearance of a conflict of
24 interest under Illinois law.
25 The Council shall prepare and submit to the Director the
26 such reports and findings that the Director as he may request
27 or that as the Council deems fit. The Council shall select
28 jointly with the Department a pool of qualified persons to
29 serve as impartial hearing officers.
30 To the extent that there is a disagreement between the
31 Council and the Department of Human Services regarding the
32 resources necessary to carry out the functions of the Council
33 as set forth in this Section, the disagreement shall be
34 resolved by the Governor.
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1 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
2 (20 ILCS 5/5-555 new)
3 (was 20 ILCS 5/6.02) (from Ch. 127, par. 6.02)
4 Sec. 5-555. 6.02. In the Department of Labor. An Advisory
5 Board to the Department of Labor, composed of 13 members,
6 including 5 representatives of employees, 5 representatives
7 of employers, and 3 public members. Members' terms shall will
8 be for 2 years with appointments staggered to ensure assure
9 continuity in performance of the responsibilities of the
10 Board. The Board shall give notice to the Governor and the
11 Director of Labor of the time and place of every meeting,
12 regular or special, and shall permit the Governor and the
13 Director to be present and to be heard upon any matter coming
14 before the Board.
15 (Source: P.A. 86-544.)
16 (20 ILCS 5/5-560 new)
17 (was 20 ILCS 5/6.08) (from Ch. 127, par. 6.08)
18 Sec. 5-560. 6.08. In the Department of Natural Resources.
19 An Advisory Board to the Department of Natural Resources,
20 composed of 11 persons, one of whom shall be a senior citizen
21 age 60 or over.
22 In the appointment of the initial members the Governor
23 shall designate 3 persons to serve for 2 years, 3 for 4
24 years, and 3 for 6 years from the third Monday in January of
25 the odd-numbered year in which the term commences. The
26 members first appointed under this amendatory Act of 1984
27 shall serve a term of 6 years commencing on the third Monday
28 in January, 1985.
29 The Advisory Board shall formulate long range policies
30 for guidance of the Department in: the protection and
31 conservation of renewable resources of the State of Illinois;
32 the development of areas and facilities for outdoor
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1 recreation; the prevention of timber destruction and other
2 forest growth by fire, or otherwise; the reforestation of
3 suitable lands of this State; the extension of cooperative
4 support to other agencies of this State in preventing the
5 prevention and guarding against the pollution of streams and
6 lakes within the State; the management of the wildlife
7 resources, including migratory fowl, and fisheries resources,
8 including the construction of new water impoundment areas;
9 the development of an adequate research program for fish,
10 game, and forestry through cooperation with and support of
11 the Illinois Natural History Survey; and the expressing of
12 policies for proper dissemination of and enforcement of the
13 various laws pertinent to the conservation program of
14 Illinois and the nation.
15 The Board shall make a study of the personnel structure
16 of the Department and shall, from time to time, make
17 recommendations to the Governor and the Director of Natural
18 Resources for a merit system of employment and for the
19 revision of the position classification to the extent which
20 Civil Service classification should apply in departmental
21 positions.
22 The Board shall make studies of the land acquisition
23 needs of the Department and recommendations from time to time
24 as to necessary acquisition of lands for fisheries, game,
25 forestry, and recreational development.
26 The Board shall in cooperation with the Illinois Natural
27 History Survey recommend to the Director of Natural Resources
28 any reductions or increases of seasons, and bag or possession
29 limits, or the closure of any season when research and
30 inventory data indicate the need for those such changes to
31 maintain the relative biological balance of any species.
32 Such Board members shall be reimbursed for any necessary
33 travel expenses incurred in the performance of their duties.
34 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (20 ILCS 5/5-565 new)
2 (was 20 ILCS 5/6.06) (from Ch. 127, par. 6.06)
3 Sec. 5-565. 6.06. In the Department of Public Health.
4 (a) The General Assembly declares it to be the public
5 policy of this State that all citizens of Illinois are
6 entitled to lead healthy lives. Governmental public health
7 has a specific responsibility to ensure that a system is in
8 place to allow the public health mission to be achieved. To
9 develop a system requires certain core functions to be
10 performed by government. The State Board of Health is to
11 assume the leadership role in advising the Director in
12 meeting the following functions:
13 (1) Needs assessment.
14 (2) Statewide health objectives.
15 (3) Policy development.
16 (4) Assurance of access to necessary services.
17 There shall be a State Board of Health composed of 15
18 persons, all of whom shall be appointed by the Governor and
19 one of whom shall be a senior citizen age 60 or over. Five
20 members shall be physicians licensed to practice medicine in
21 all its branches, one representing a medical school faculty,
22 one who is board certified in preventive medicine, and 2 who
23 are engaged in private practice. One member shall be a
24 dentist; one an environmental health practitioner; one a
25 local public health administrator; one a local board of
26 health member; one a registered nurse; one a veterinarian;
27 one a public health academician; one a health care industry
28 representative; and 2 shall be citizens at large.
29 In the appointment of the first Board of Health members
30 appointed after September 19, 1991 (the effective date of
31 Public this amendatory Act 87-633) of 1991, the Governor
32 shall appoint 5 members to serve for terms of 5 years; 5
33 members to serve for terms of 2 years; and 5 members to serve
34 for a term of one year. Members appointed thereafter shall be
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1 appointed for terms of 3 years, except that when where an
2 appointment is made to fill a vacancy, in which case the
3 appointment shall be for the remaining term of the position
4 vacated. All members shall be legal residents of the State
5 of Illinois. The duties of the Board shall include, but not
6 be limited to, the following:
7 (1) To advise the Department of ways to encourage
8 public understanding and support of the Department's
9 programs.
10 (2) To evaluate all boards, councils, committees,
11 authorities, and bodies advisory to, or an adjunct of,
12 the Department of Public Health or its Director for the
13 purpose of recommending to the Director one or more of
14 the following:
15 (i) The elimination of bodies whose activities
16 are not consistent with goals and objectives of the
17 Department.
18 (ii) The consolidation of bodies whose
19 activities encompass compatible programmatic
20 subjects.
21 (iii) The restructuring of the relationship
22 between the various bodies and their integration
23 within the organizational structure of the
24 Department.
25 (iv) The establishment of new bodies deemed
26 essential to the functioning of the Department.
27 (3) To serve as an advisory group to the Director
28 for public health emergencies and control of health
29 hazards.
30 (4) To advise the Director regarding public health
31 policy, and to make health policy recommendations
32 regarding priorities to the Governor through the
33 Director.
34 (5) To present public health issues to the Director
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1 and to make recommendations for the resolution of those
2 issues.
3 (6) To recommend studies to delineate public health
4 problems.
5 (7) To make recommendations to the Governor through
6 the Director regarding the coordination of State public
7 health activities with other State and local public
8 health agencies and organizations.
9 (8) To report on or before February 1 of each year
10 on the health of the residents of Illinois to the
11 Governor, the General Assembly, and the public.
12 (9) To review the final draft of all proposed
13 administrative rules, other than emergency or preemptory
14 rules and those rules that another advisory body must
15 approve or review within a statutorily defined time
16 period, of the Department after September 19, 1991 (the
17 effective date of Public this amendatory Act 87-633) of
18 1991. The Board shall review the proposed rules within 90
19 days of submission by the Department. The Department
20 shall take into consideration any comments and
21 recommendations of the Board regarding the proposed rules
22 prior to submission to the Secretary of State for initial
23 publication. If the Department disagrees with the
24 recommendations of the Board, it shall submit a written
25 response outlining the reasons for not accepting the
26 recommendations.
27 (10) To make recommendations to the Governor
28 through the Director concerning the development and
29 periodic updating of Statewide health objectives
30 encompassing, in part, the periodically published federal
31 health objectives for the nation, which will provide the
32 basis for the policy development and assurance roles of
33 the State Health Department, and to make recommendations
34 to the Governor through the Director regarding
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1 legislation and funding necessary to implement the
2 objectives.
3 (11) Upon the request of the Governor, to recommend
4 to the Governor candidates for Director of Public Health
5 when vacancies occur in the position.
6 (12) To adopt bylaws for the conduct of its own
7 business, including the authority to establish ad hoc
8 committees to address specific public health programs
9 requiring resolution.
10 Upon appointment, the Board shall elect a chairperson
11 from among its members.
12 Members of the Board shall receive compensation for their
13 services at the rate of $150 per day, not to exceed $10,000
14 per year, as designated by the Director for each day required
15 for transacting the business of the Board, and shall be
16 reimbursed for necessary expenses incurred in the performance
17 of their duties. The Board shall meet from time to time at
18 the call of the Department, at the call of the chairperson,
19 or upon the request of 3 of its members, but shall not meet
20 less than 4 times per year.
21 (b) An Advisory Board of Cancer Control which shall
22 consist of 9 members, one of whom shall be a senior citizen
23 age 60 or over, appointed by the Governor, one of whom shall
24 be designated as chairman by a majority of the members of the
25 Board. No less than 4 members shall be recognized authorities
26 in cancer control, and at least 4 members shall be physicians
27 licensed to practice medicine in all of its branches in the
28 State of Illinois. In the appointment of the first board the
29 Governor shall appoint 2 members to serve for terms of 1
30 year, 2 for terms of 2 years, and 3 for terms of 3 years. The
31 members first appointed under Public this amendatory Act
32 83-1538 of 1984 shall serve for a term of 3 years. All
33 members appointed, thereafter shall be appointed for terms of
34 3 years, except where an appointment is made to fill a
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1 vacancy, in which case the appointment shall be for the
2 remaining term of the position vacant. The members of the
3 Board shall be citizens of the State of Illinois. In the
4 appointment of the Advisory Board the Governor shall invite
5 nominations from recognized medical organizations of this
6 State. The Board is authorized to receive voluntary
7 contributions from any source, and to expend the
8 contributions same for the purpose of cancer control as
9 authorized by this Act, and the laws of this State.
10 (c) An Advisory Board on Necropsy Service to Coroners,
11 which shall counsel and advise with the Director on the
12 administration of the Autopsy Act. The Advisory Board shall
13 consist of 11 members, including a senior citizen age 60 or
14 over, appointed by the Governor, one of whom shall be
15 designated as chairman by a majority of the members of the
16 Board. In the appointment of the first Board the Governor
17 shall appoint 3 members to serve for terms of 1 year, 3 for
18 terms of 2 years, and 3 for terms of 3 years. The members
19 first appointed under Public this amendatory Act 83-1538 of
20 1984 shall serve for a term of 3 years. All members
21 appointed thereafter shall be appointed for terms of 3 years,
22 except that when where an appointment is made to fill a
23 vacancy, in which case the appointment shall be for the
24 remaining term of the position vacant. The members of the
25 Board shall be citizens of the State of Illinois. In the
26 appointment of members of the Advisory Board the Governor
27 shall appoint 3 members who shall be persons licensed to
28 practice medicine and surgery in the State of Illinois, at
29 least 2 of whom shall have received post-graduate training in
30 the field of pathology; 3 members who are duly elected
31 coroners in this State; and 5 members who shall have interest
32 and abilities in the field of forensic medicine but who shall
33 be neither persons licensed to practice any branch of
34 medicine in this State nor coroners. In the appointment of
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1 medical and coroner members of the Board, the Governor shall
2 invite nominations from recognized medical and coroners
3 organizations in this State respectively. Board members,
4 while serving on business of the Board, shall receive actual
5 necessary travel and subsistence expenses while so serving
6 away from their places of residence.
7 (Source: P.A. 86-436; 87-633.)
8 (20 ILCS 5/5-570 new)
9 (was 20 ILCS 5/6.02a and 5/7.04a) (from Ch. 127, pars.
10 6.02a and 7.04a)
11 Sec. 5-570. 6.02a. In the Department of Transportation.
12 A Board of Aeronautical Advisors, composed of 9 persons.
13 Sec. 7.04a. The Board of Aeronautical Advisors shall
14 include among its members at least one person who is
15 interested in air commerce, at least one person who is
16 interested in noncommercial private flying, at least one
17 person who is interested in the operation or management of
18 airports, and at least one person who is interested in the
19 conducting of schools that which have a comprehensive
20 curriculum for instruction of persons desiring to learn how
21 to operate, repair, or maintain aircraft. The Secretary of
22 Transportation shall be a member and chairman of the Board of
23 Aeronautical Advisors. The head of the Division of
24 Aeronautics shall be a member and vice-chairman of the Board.
25 (Source: P.A. 85-1033.)
26 (20 ILCS 5/5-600 new)
27 (was 20 ILCS 5/11) (from Ch. 127, par. 11)
28 Sec. 5-600. Officer's performance of duties. 11. Each
29 officer provided for by the Civil Administrative Code of
30 Illinois this Act shall perform the such duties that are as
31 may be prescribed by law for the officer's his position and
32 to the best of the officer's his ability shall render
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1 faithful and efficient service in the performance of those
2 his duties, to the end that the public interest and welfare
3 may be furthered.
4 (Source: Laws 1927, p. 844.)
5 (20 ILCS 5/5-605 new)
6 (was 20 ILCS 5/12) (from Ch. 127, par. 12)
7 Sec. 5-605. Appointment of officers. 12. Each officer
8 whose office is created by the Civil Administrative Code of
9 Illinois this Act, or by any amendment to the Code thereto,
10 shall be appointed by the Governor, by and with the advice
11 and consent of the Senate. In case of vacancies in those
12 such offices during the recess of the Senate, the Governor
13 shall make a temporary appointment until the next meeting of
14 the Senate, when the Governor he shall nominate some person
15 to fill the such office, and any person so nominated, who is
16 confirmed by the Senate, shall hold his office during the
17 remainder of the term and until his or her successor is shall
18 be appointed and qualified. If the Senate is not in session
19 at the time the Code this Act, or any amendments to the Code
20 thereto, take effect, the Governor shall make a temporary
21 appointment as in the case of a vacancy.
22 During the absence or inability to act of the director of
23 any department, or of the Secretary of Human Services or the
24 Secretary of Transportation, or in case of a vacancy in any
25 such office until a successor is appointed and qualified, the
26 Governor may designate some person as acting director or
27 acting secretary to execute the powers and discharge the
28 duties vested by law in that director or secretary.
29 (Source: P.A. 89-507, eff. 7-1-97.)
30 (20 ILCS 5/5-610 new)
31 (was 20 ILCS 5/13) (from Ch. 127, par. 13)
32 Sec. 5-610. Term of office. 13. Each officer whose office
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1 is created by the Civil Administrative Code of Illinois this
2 Act, except as otherwise specifically provided for in the
3 Code this Act, shall hold office for a term of 2 years from
4 the third Monday in January of each odd-numbered year and
5 until the officer's his successor is appointed and qualified.
6 Where the provisions of the Code this Act require General
7 Assembly members to be included in the membership of any
8 advisory and nonexecutive board, the General Assembly members
9 shall serve such terms or until termination of their
10 legislative service, whichever first occurs.
11 (Source: P.A. 83-1250.)
12 (20 ILCS 5/5-615 new)
13 (was 20 ILCS 5/14) (from Ch. 127, par. 14)
14 Sec. 5-615. Officer's oath. 14. Each officer whose office
15 is created by the Civil Administrative Code of Illinois this
16 Act, or by any amendments to the Code thereto, shall, before
17 entering upon the discharge of the duties of the his office,
18 qualify for the office by taking and subscribing the
19 constitutional oath of office and filing the signed oath in
20 the office of the Secretary of State.
21 (Source: P.A. 79-1348.)
22 (20 ILCS 5/5-620 new)
23 (was 20 ILCS 5/15) (from Ch. 127, par. 15)
24 Sec. 5-620. Officer's bond. 15. Each executive and
25 administrative officer whose office is created by the Civil
26 Administrative Code of Illinois this Act, or by any
27 amendments to the Code thereto, shall, before entering upon
28 the discharge of the duties of the his office, qualify for
29 the office by executing a bond and filing the bond in the
30 office of the Secretary of the State.
31 All official bonds required to be executed and filed
32 pursuant to this Section shall be executed with security to
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1 be approved by the Governor and in the such penal sum that as
2 shall be fixed by the Governor, not less in any case than
3 $10,000. The ten thousand dollars, and which bond shall be
4 conditioned for the faithful performance of the officer's
5 duties.
6 All official bonds required to be executed and filed
7 pursuant to this Section are subject to the requirements of
8 the Official Bond Act "An Act to revise the law in relation
9 to official bonds", approved March 13, 1874, as now or
10 hereafter amended.
11 (Source: P.A. 79-1348.)
12 (20 ILCS 5/5-625 new)
13 (was 20 ILCS 5/16) (from Ch. 127, par. 16)
14 Sec. 5-625. Department regulations. 16. The director of
15 each department (see Section 5-10 of this Law for the
16 definition of "director") and the Secretary of the Department
17 of Transportation is empowered to prescribe regulations, not
18 inconsistent with law, for the government of the director's
19 his department, the conduct of the department's its employees
20 and clerks, the distribution and performance of the
21 department's its business, and the custody, use, and
22 preservation of the records, papers, books, documents, and
23 property pertaining to the department thereto.
24 (Source: P.A. 77-153.)
25 (20 ILCS 5/5-630 new)
26 (was 20 ILCS 5/17) (from Ch. 127, par. 17)
27 Sec. 5-630. Department offices. 17. Each department shall
28 maintain a central office in the Capitol Building, Centennial
29 Building, or State Office Building at Springfield, in rooms
30 provided by the Secretary of State, or in the Armory Building
31 at Springfield, in rooms provided by the Department of
32 Central Management Services, excepting the Department of
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1 Agriculture, which shall maintain a central office at the
2 State fair grounds at Springfield, and the Department of
3 Transportation, which shall also maintain a Division of
4 Aeronautics at Capital Airport. The director of each
5 department (see Section 5-10 of this Law for the definition
6 of "director") and the Secretary of Transportation, may, in
7 the director's his discretion and with the approval of the
8 Governor, establish and maintain, at places other than the
9 seat of government, branch offices for the conduct of any one
10 or more functions of the director's his department.
11 (Source: P.A. 82-789.)
12 (20 ILCS 5/5-635 new)
13 (was 20 ILCS 5/18) (from Ch. 127, par. 18)
14 Sec. 5-635. Department office hours. 18. Each department
15 shall be open for the transaction of public business at least
16 from 8:30 eight-thirty o'clock in the morning until 5:00 five
17 o'clock in the evening of each day except Saturdays, Sundays,
18 and days that may hereafter be declared by the Governor to be
19 holidays for State employees.
20 (Source: Laws 1965, p. 542.)
21 (20 ILCS 5/5-640 new)
22 (was 20 ILCS 5/19) (from Ch. 127, par. 19)
23 Sec. 5-640. Department seal. 19. Each department shall
24 adopt and keep an official seal.
25 (Source: Laws 1917, p. 2.)
26 (20 ILCS 5/5-645 new)
27 (was 20 ILCS 5/20) (from Ch. 127, par. 20)
28 Sec. 5-645. Department employees. 20. Each department may
29 obtain necessary employees and, if the rate of compensation
30 is not otherwise fixed by law, may fix their compensation
31 subject to the "Personnel Code", approved July 18, 1955, as
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1 amended.
2 (Source: Laws 1967, p. 4068.)
3 (20 ILCS 5/5-650 new)
4 (was 20 ILCS 5/25) (from Ch. 127, par. 25)
5 Sec. 5-650. Department reports. 25. The Governor may
6 require from each director of a department (see Section 5-10
7 of this Law for the definition of "director") and the
8 Secretary of Transportation, a report in writing concerning
9 the condition, management, and financial transactions of the
10 director's department their respective departments. In
11 addition to those such reports, each director of a department
12 and the Secretary of the Department of Transportation, shall
13 make the semi-annual and biennial reports provided by the
14 Constitution.
15 (Source: P.A. 82-905.)
16 (20 ILCS 5/5-655 new)
17 (was 20 ILCS 5/26) (from Ch. 127, par. 26)
18 Sec. 5-655. Cooperation by directors. 26. The directors
19 of departments shall devise a practical and working basis for
20 co-operation and co-ordination of work, eliminating
21 duplication and overlapping of functions. They shall, so far
22 as practicable, co-operate with each other in the employment
23 of services and the use of quarters and equipment. The
24 director of any department may empower or require an employee
25 employe of another department, subject to the consent of the
26 superior officer of the employee employe, to perform any duty
27 that the director which he might require of his or her own
28 subordinates.
29 The directors of departments may co-operate in the
30 investigation of any licensed health care professional or may
31 jointly investigate such a person and may share the results
32 of any cooperative, joint, or independent investigation of
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1 such a person.
2 (Source: P.A. 84-1252.)
3 (20 ILCS 5/5-660 new)
4 (was 20 ILCS 5/31) (from Ch. 127, par. 31)
5 Sec. 5-660. Power to inspect and secure data or
6 information 31. Whenever in the Civil Administrative Code of
7 Illinois this Act power is vested in a department to inspect,
8 examine, or secure data or information, or to procure
9 assistance from another department, a duty is hereby imposed
10 upon the department upon which demand is made, to make that
11 such power effective.
12 (Source: Laws 1917, p. 2.)
13 (20 ILCS 5/5-665 new)
14 (was 20 ILCS 5/29) (from Ch. 127, par. 29)
15 Sec. 5-665. Contracts for fuel. 29. All supplies of fuel
16 except coal purchased for the departments shall be let by
17 contract to the lowest responsible bidder. Advertisements for
18 bids shall be published for at least 10 ten days in one or
19 more of the daily newspapers of general circulation published
20 in each of the 7 seven largest cities of the State,
21 determined by the then last preceding federal census. The
22 officer authorized by law to make contracts for fuel shall
23 prescribe rules and regulations to be observed in the
24 preparation, submission, and opening of bids. All contracts
25 for fuel shall be made subject to the approval of the
26 Governor.
27 The letting of contracts for coal shall be governed by
28 "An Act concerning the use of Illinois Mined Coal Act in
29 certain plants and institutions", filed July 13, 1937, as
30 amended.
31 (Source: P.A. 83-333.)
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1 (20 ILCS 5/5-670 new)
2 (was 20 ILCS 5/30) (from Ch. 127, par. 30)
3 Sec. 5-670. Maximum price for fuel. 30. Except as
4 otherwise provided with respect to the Board of Trustees of
5 the University of Illinois under Section 1a of "An Act to
6 provide for the organization and maintenance of the
7 University of Illinois Act", approved February 28, 1867, the
8 price paid for fuel shall not exceed the following:
9 For anthracite coal, $12 twelve dollars per ton.;
10 For Pennsylvania bituminous, Pocahontas and West
11 Virginia smokeless, eastern Kentucky and Ohio coals, all
12 of the bituminous type, $9 nine dollars per ton.;
13 For Illinois, Indiana, western Kentucky, Missouri
14 and Iowa coals, all of the bituminous type, $7 seven
15 dollars per ton.;
16 For any other coal of the bituminous type, $7 seven
17 dollars per ton.
18 (Source: P.A. 86-1189.)
19 (20 ILCS 5/5-675 new)
20 (was 20 ILCS 5/51) (from Ch. 127, par. 51)
21 Sec. 5-675. 51. Acquisition of land. The Secretary of
22 Transportation and the Director of Natural Resources are
23 respectively authorized, with the consent in writing of the
24 Governor, to acquire by private purchase, or by condemnation
25 in the manner provided for the exercise of the power of
26 eminent domain under Article VII of the Code of Civil
27 Procedure, any and all lands, buildings, and grounds for
28 which an appropriation may be made by the General Assembly,
29 to their respective departments. To the extent necessary to
30 comply with the federal "Uniform Relocation Assistance and
31 Real Property Acquisition Policies Act", Public Law 91-646,
32 as amended, the Department of Transportation and the
33 Department of Natural Resources, respectively, are authorized
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1 to operate a relocation program and to pay relocation costs.
2 The departments are authorized to exceed the maximum payment
3 limits of the federal "Uniform Relocation Assistance and Real
4 Property Acquisition Policies Act" when necessary to ensure
5 the provision of decent, safe, or sanitary housing, or to
6 secure a suitable relocation site.
7 The Director of Central Management Services is
8 authorized, with the consent in writing of the Governor, to
9 acquire by private purchase, or by condemnation in the manner
10 provided for the exercise of the power of eminent domain
11 under Article VII of the Code of Civil Procedure, all other
12 lands, buildings, and grounds for which an appropriation may
13 be made by the General Assembly. To the extent necessary to
14 comply with the federal "Uniform Relocation Assistance and
15 Real Property Acquisition Policies Act", Public Law 91-646,
16 as amended, the Department of Central Management Services is
17 authorized to operate a relocation program and to pay
18 relocation costs. The Department is authorized to exceed the
19 maximum payment limits of the federal "Uniform Relocation
20 Assistance and Real Property Acquisition Policies Act" when
21 necessary to ensure the provision of decent, safe, and
22 sanitary housing, or to secure a suitable relocation site.
23 The Department shall make or direct the payment of the such
24 relocation amounts from the funds available to acquire the
25 property.
26 (Source: P.A. 89-445, eff. 2-7-96.)
27 (20 ILCS 5/5-700 new)
28 (was 20 ILCS 5/32) (from Ch. 127, par. 32)
29 Sec. 5-700. Transfers of rights, powers, and duties. 32.
30 Whenever rights, powers, and duties vested in or exercised by
31 any officer, board, commission, institution, or department,
32 or any deputy, inspector, or subordinate officer of one of
33 those thereof, are, by the Civil Administrative Code of
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1 Illinois this Act, or by any amendments to the Code thereto,
2 transferred either in whole or in part, to or vested in a
3 department created by the Code this Act, or by any amendments
4 to the Code thereto, those such rights, powers, and duties
5 shall be vested in, and shall be exercised by the department
6 to which they the same are thereby transferred, and not
7 otherwise, and every act done in the exercise of those such
8 rights, powers, and duties shall have the same legal effect
9 as if done by the former officer, board, commission,
10 institution, or department, or any deputy, inspector, or
11 subordinate officer of any of those thereof.
12 Every person and corporation shall be subject to the same
13 obligations and duties and shall have the same rights,
14 arising from the exercise of those such rights, powers, and
15 duties as if those such rights, powers, and duties were
16 exercised by the officer, board, commission, department, or
17 institution, or deputy, inspector, or subordinate of any of
18 those thereof, designated in the respective laws that which
19 are to be administered by departments created by the Civil
20 Administrative Code of Illinois this Act or by any amendments
21 to the Code thereto. Every person and corporation shall be
22 subject to the same penalty or penalties, civil or criminal,
23 for failure to perform any such obligation or duty, or for
24 doing a prohibited act, as if the such obligation or duty
25 arose from, or the such act were prohibited in, the exercise
26 of the such right, power, or duty by the officer, board,
27 commission, department, or institution, or deputy, inspector,
28 or subordinate of any of those thereof, designated in the
29 respective laws that which are to be administered by
30 departments created by the Civil Administrative Code of
31 Illinois this Act or by any amendments to the Code thereto.
32 Every officer and employee shall, for any offense, be subject
33 to the same penalty or penalties, civil or criminal, as are
34 prescribed by existing law for the same offense by any
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1 officer or employee whose powers or duties devolved upon the
2 officer or employee him under the Code this Act or under by
3 any amendments to the Code thereto.
4 All books, records, papers, documents, property, real and
5 personal, unexpended appropriations, and pending business in
6 any way pertaining to the rights, powers, and duties so
7 transferred to or vested in a department created by the Civil
8 Administrative Code of Illinois this Act, or by any
9 amendments to the Code thereto, shall be delivered and
10 transferred to the department succeeding to those such
11 rights, powers, and duties.
12 (Source: Laws 1941, vol. 1, p. 1214.)
13 (20 ILCS 5/5-705 new)
14 (was 20 ILCS 5/33) (from Ch. 127, par. 33)
15 Sec. 5-705. Reports and notices after position or entity
16 abolished or duties transferred. 33. Whenever reports or
17 notices are now required to be made or given, or papers or
18 documents furnished or served by any person to or upon any
19 officer, board, commission, or institution, or any deputy,
20 inspector, or subordinate of any of those thereof, abolished
21 by the Civil Administrative Code of Illinois this Act, or by
22 any amendments to the Code thereto, or whose duties with
23 relation to the subject matter of those such reports,
24 notices, papers, or documents have, by the Code this Act, or
25 any amendments to the Code thereto, been transferred to
26 another department, division, office, board, or other agency
27 of the State government, the same shall be made, given,
28 furnished, or served in the same manner to or upon the
29 department, division, office, board, or other agency upon
30 which are devolved by the Code this Act or by any amendments
31 to the Code thereto the rights, powers, and duties now
32 exercised or discharged by the such officer, board,
33 commission, or institution, or the deputy, inspector, or
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1 subordinate of any of those, thereof and every penalty for
2 failure so to do shall continue in effect.
3 (Source: P.A. 77-153.)
4 (20 ILCS 110/Art. 10 heading new)
5 ARTICLE 10. DEPARTMENT ON AGING
6 (20 ILCS 110/10-1 new)
7 Sec. 10-1. Article short title. This Article 10 of the
8 Civil Administrative Code of Illinois may be cited as the
9 Department on Aging Law.
10 (20 ILCS 110/10-5 new)
11 (was 20 ILCS 110/69) (from Ch. 127, par. 63b15)
12 Sec. 10-5. 69. The Department on Aging; powers. The
13 Department on Aging shall exercise, administer, and enforce
14 all rights, powers, and duties vested in the Department on
15 Aging by the "Illinois Act on the Aging", enacted by the
16 Seventy-eighth General Assembly as amended.
17 (Source: P.A. 78-242.)
18 (20 ILCS 205/Art. 15 heading new)
19 ARTICLE 15. DEPARTMENT OF AGRICULTURE
20 (20 ILCS 205/15-1 new)
21 Sec. 15-1. Article short title. This Article 15 of the
22 Civil Administrative Code of Illinois may be cited as the
23 Department of Agriculture Law.
24 (20 ILCS 205/15-5 new)
25 Sec. 15-5. Definition. In this Law, "Department" means
26 the Department of Agriculture.
27 (20 ILCS 205/15-10 new)
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1 (was 20 ILCS 205/40) (from Ch. 127, par. 40)
2 Sec. 15-10. Powers, generally. 40. The Department of
3 Agriculture has the powers enumerated in the following
4 Sections 40.1 through 40.45.
5 (Source: P.A. 86-610; 86-1028; 87-121; 87-152; 87-895.)
6 (20 ILCS 205/15-15 new)
7 (was 20 ILCS 205/40.7 and 205/40.8) (from Ch. 127, pars.
8 40.7 and 40.8)
9 Sec. 15-15. Encouragement and promotion of agricultural
10 interests. 40.7.
11 (a) The Department has the power to encourage and
12 promote, in every practicable manner, the interests of
13 agriculture, including horticulture, the livestock industry,
14 dairying, cheese making, poultry, bee keeping, forestry, the
15 production of wool, and all other allied industries. In
16 furtherance of the duties set forth in this subsection (a)
17 Section, the Department may establish trust funds and bank
18 accounts in adequately protected financial institutions to
19 receive and disburse monies in connection with the conduct of
20 food shows, food expositions, trade shows, and other
21 promotional activities, and to sell at cost, to qualified
22 applicants, signs designating farms that, which have been
23 owned for 100 years or more by lineal descendants of the same
24 family, as "Centennial Farms". The Department shall provide
25 applications for the such signs, which shall be submitted
26 with the required fee. "Centennial Farms" signs shall not
27 contain within their design, the name, picture, or other
28 likeness of any elected public official or any appointed
29 public official.
30 (b) The Department has the power Sec. 40.8. to promote
31 improved methods of conducting the these several industries
32 described in subsection (a) with a view to increasing the
33 production and facilitating facilitate the distribution
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1 thereof at the least cost.
2 (Source: Laws 1967, p. 4087; P.A. 80-625.)
3 (20 ILCS 205/15-20 new)
4 (was 20 ILCS 205/40.7a)
5 Sec. 15-20. 40.7a. State Fair promotion. The Department
6 has the power to encourage and promote agriculture and
7 related industries and activities associated with the
8 Illinois State Fair. The Department may establish State Fair
9 and treasury held funds to receive and disburse moneys in
10 connection with the conduct and promotion of activities held
11 at the Illinois State Fair.
12 (Source: P.A. 88-5.)
13 (20 ILCS 205/15-25 new)
14 (was 20 ILCS 205/40.14) (from Ch. 127, par. 40.14)
15 Sec. 15-25. Institutes, societies, fairs, and exhibits.
16 The Department has the power 40.14. to assist, encourage, and
17 promote the organization of farmers' institutes,
18 horticultural and agricultural societies, the holding of
19 fairs, fat stock shows, or other exhibits of the products of
20 agriculture, and the breeding and racing of Illinois
21 conceived and foaled horses.
22 (Source: P.A. 84-295.)
23 (20 ILCS 205/15-30 new)
24 (was 20 ILCS 205/40.9) (from Ch. 127, par. 40.9)
25 Sec. 15-30. Production and marketing statistics. The
26 Department has the power 40.9. to collect and publish
27 statistics relating to crop production and marketing and to,
28 the production of and marketing of beef, pork, poultry,
29 mutton, wool, butter, cheese, and other agricultural products
30 so far as that such statistical information may be of value
31 to the agricultural and allied interests of the State.
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1 (Source: Laws 1967, p. 4087.)
2 (20 ILCS 205/15-35 new)
3 (was 20 ILCS 205/40.10) (from Ch. 127, par. 40.10)
4 Sec. 15-35. Market news and bulletins. The Department has
5 the power 40.10. to collect, analyze, and publish market news
6 and to establish such facilities and publish such bulletins
7 and news reports that as may be necessary and proper in order
8 to keep producers and handlers informed concerning supply,
9 demand, and other economic conditions affecting and related
10 to the sale of livestock and other agricultural products
11 produced in the State of Illinois.
12 (Source: P.A. 84-295.)
13 (20 ILCS 205/15-40 new)
14 (was 20 ILCS 205/40.31) (from Ch. 127, par. 40.31)
15 Sec. 15-40. Export consulting service and standards.
16 40.31. The Department, of Agriculture in cooperation with the
17 Department of Commerce and Community Affairs and the
18 Agricultural Export Advisory Committee, shall (1) provide a
19 consulting service to those who desire to export farm
20 products, commodities, and supplies, and guide them in their
21 efforts to improve trade relations; (2) cooperate with
22 agencies and instrumentalities of the federal government to
23 develop export grade standards for farm products,
24 commodities, and supplies produced in Illinois and shall
25 adopt reasonable rules and regulations to ensure insure that
26 exports of those such products, commodities, and supplies,
27 comply with those such standards; (3) upon request and after
28 inspection of any such farm product, commodity, or supplies,
29 certify compliance or noncompliance with those such
30 standards; (4) provide an informational program to existing
31 and potential foreign importers of farm products,
32 commodities, and supplies; (5) qualify for U. S. Department
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1 of Agriculture matching funds for overseas promotion of farm
2 products, commodities, and supplies according to the federal
3 requirements regarding State expenditures that are eligible
4 for matching funds; and (6) provide a consulting service to
5 persons who desire to export processed or value-added
6 agricultural products, and assist those such persons in
7 ascertaining legal and regulatory restrictions and market
8 preferences that which affect the sale of value-added
9 agricultural products in foreign markets.
10 (Source: P.A. 83-445.)
11 (20 ILCS 205/15-45 new)
12 (was 20 ILCS 205/40.36) (from Ch. 127, par. 40.36)
13 Sec. 15-45. "Illinois Grown" label program. The
14 Department has the power 40.36. to establish and administer
15 the "Illinois Grown" label program, whereby the Department
16 shall design and produce a label with the words "Illinois
17 Grown" on it which may be placed on each container of fresh
18 fruit, vegetables, meat, or other food commodity produced or
19 originating in Illinois.
20 (Source: P.A. 85-1209.)
21 (20 ILCS 205/15-50 new)
22 (was 20 ILCS 205/40.40) (from Ch. 127, par. 40.40)
23 Sec. 15-50. Ginseng marketing program. The Department has
24 the power 40.40. to develop a ginseng marketing program for
25 domestic and international markets.
26 (Source: P.A. 87-121.)
27 (20 ILCS 205/15-55 new)
28 (was 20 ILCS 205/40.27) (from Ch. 127, par. 40.27)
29 Sec. 15-55. Gasohol and other alcohol fuels promotion.
30 The Department has the power 40.27. to promote the use of
31 gasohol and other alcohol fuels and to promote the
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1 utilization of agricultural crops for the production of
2 alcohol fuels, particularly the use of by-products of such
3 crops without diminishing the primary utilization of such
4 crops.
5 (Source: P.A. 83-439.)
6 (20 ILCS 205/15-60 new)
7 (was 20 ILCS 205/40.35) (from Ch. 127, par. 40.35)
8 Sec. 15-60. 40.35. Aquaculture. The Department has the
9 power to develop and implement a program to promote
10 aquaculture in this State pursuant to the Aquaculture
11 Development Act, to promulgate the necessary rules and
12 regulations, and to cooperate with and seek the assistance of
13 the Department of Natural Resources and the Department of
14 Transportation in the implementation and enforcement of that
15 Act.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (20 ILCS 205/15-100 new)
18 (was 20 ILCS 205/40.11) (from Ch. 127, par. 40.11)
19 Sec. 15-100. Trees and shrubs; insect pests and plant
20 diseases. The Department has the power 40.11. to encourage
21 the planting of trees and shrubs and the improvement of farm
22 homes generally and; to provide for the suppression and
23 control of insect pests and plant diseases.
24 (Source: P.A. 84-295.)
25 (20 ILCS 205/15-105 new)
26 (was 20 ILCS 205/40.24) (from Ch. 127, par. 40.24)
27 Sec. 15-105. County soil surveys. 40.24. The Department
28 of Agriculture shall provide funds sufficient to pay 25% of
29 the cost of conducting county soil surveys conducted pursuant
30 to Part 611 of Subchapter B, Chapter VI, Title 7 of the Code
31 of Federal Regulations.
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1 (Source: P.A. 81-1360.)
2 (20 ILCS 205/15-110 new)
3 (was 20 ILCS 205/40.28) (from Ch. 127, par. 40.28)
4 Sec. 15-110. Forestry management; farmland preservation.
5 The Department has the power 40.28. to provide information
6 and assistance to farmland owners in this State regarding the
7 economic and soil and water conservation benefits that can be
8 attained through forestry management on marginal lands and;
9 to promote farmland preservation.
10 (Source: P.A. 84-295.)
11 (20 ILCS 205/15-115 new)
12 (was 20 ILCS 205/40.38) (from Ch. 127, par. 40.38)
13 Sec. 15-115. Revegetation of post-mining land. The
14 Department has the power: 40.38. to develop data used in the
15 Agricultural Lands Productivity Formula that is used in
16 determining the success of revegetation of post-mining land
17 for row-crop agricultural purposes in accordance with the
18 Surface Coal Mining Land Conservation and Reclamation Act; to
19 cooperate with the Department of Natural Resources in
20 determining the success of the such cropland revegetation
21 under the Surface Coal Mining Land Conservation and
22 Reclamation Act; and to publish annually a Soil Master and
23 County Cropped Acreage Manual, which is data derived from and
24 used in the formula. The, but such manual is exempt from the
25 rule-making requirements of the Illinois Administrative
26 Procedure Act.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 205/15-200 new)
29 (was 20 ILCS 205/40.16) (from Ch. 127, par. 40.16)
30 Sec. 15-200. Animal welfare. The Department has the power
31 40.16. to execute and administer acts and rules relating to
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1 animal welfare.
2 (Source: P.A. 84-295.)
3 (20 ILCS 205/15-205 new)
4 (was 20 ILCS 205/40.13) (from Ch. 127, par. 40.13)
5 Sec. 15-205. Contagious and infectious diseases among
6 domestic animals. The Department has the power 40.13. to
7 inquire into the causes of contagious, infectious, and
8 communicable diseases among domestic animals, and the means
9 for the prevention and cure of those such diseases.
10 (Source: Laws 1967, p. 4087.)
11 (20 ILCS 205/15-300 new)
12 (was 20 ILCS 205/40.4) (from Ch. 127, par. 40.4)
13 Sec. 15-300. Inspection of apiaries. The Department has
14 the power 40.4. to exercise the rights, powers, and duties
15 vested by law in the State inspector of apiaries and the
16 inspector's, his assistants and employees.
17 (Source: Laws 1967, p. 4087.)
18 (20 ILCS 205/15-305 new)
19 (was 20 ILCS 205/40.12) (from Ch. 127, par. 40.12)
20 Sec. 15-305. Veterinary biologics. The Department has the
21 power 40.12. to approve the use of licensed veterinary
22 biologics in the State and approve field trials of veterinary
23 biologics in accordance with the standards provided for in
24 the Code of Federal Regulations, Title 9, Subpart E.
25 (Source: P.A. 88-91; 88-457.)
26 (20 ILCS 205/15-310 new)
27 (was 20 ILCS 205/40.33) (from Ch. 127, par. 40.33)
28 Sec. 15-310. Laboratory services. The Department has the
29 power 40.33. to provide laboratory services for the diagnosis
30 of animal diseases and, for the analysis of feeds,
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1 fertilizers, seeds, and pesticides, and to perform related
2 laboratory services.
3 (Source: P.A. 84-295.)
4 (20 ILCS 205/15-315 new)
5 (was 20 ILCS 205/40.17) (from Ch. 127, par. 40.17)
6 Sec. 15-315. Warehouses; buying and selling grain. The
7 Department has the power 40.17. to exercise the rights,
8 powers, and duties vested by law in the Department in
9 regulating grain warehouses, personal property warehouses,
10 and persons engaged in the business of buying and selling
11 grain.
12 (Source: P.A. 84-295.)
13 (20 ILCS 205/15-320 new)
14 (was 20 ILCS 205/40.18) (from Ch. 127, par. 40.18)
15 Sec. 15-320. Weights and measures. The Department has the
16 power 40.18. to execute and administer all laws and
17 regulations, now or hereafter enacted, relating to weights
18 and measures.
19 (Source: Laws 1967, p. 4087.)
20 (20 ILCS 205/15-325 new)
21 (was 20 ILCS 205/40.19) (from Ch. 127, par. 40.19)
22 Sec. 15-325. Commodities; standards and quality. The
23 Department has the power 40.19. to execute and administer all
24 laws and regulations, now or hereafter enacted, relating to
25 standards and quality of and for commodities.
26 (Source: Laws 1967, p. 4087.)
27 (20 ILCS 205/15-330 new)
28 (was 20 ILCS 205/40.32) (from Ch. 127, par. 40.32)
29 Sec. 15-330. Meat and poultry. The Department has the
30 power 40.32. to execute and administer the laws and rules
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1 pertaining to the slaughter, processing, and sale of meat and
2 poultry and products thereof.
3 (Source: P.A. 84-295.)
4 (20 ILCS 205/15-335 new)
5 (was 20 ILCS 205/40.21) (from Ch. 127, par. 40.21)
6 Sec. 15-335. Pesticides. The Department has the power
7 40.21. to execute and administer laws and regulations
8 relating to the distribution, sale, use, and registration of
9 pesticides and the regulation and certification of persons
10 applying pesticides and pesticide dealers.
11 (Source: P.A. 84-295.)
12 (20 ILCS 205/15-340 new)
13 (was 20 ILCS 205/40.39) (from Ch. 127, par. 40.39)
14 Sec. 15-340. Pesticide contamination at agrichemical
15 facilities. 40.39. In accordance with constitutional
16 limitations, and to the extent necessary to carry out the
17 Department's powers and duties under paragraph 8 of Section
18 19 of the Illinois Pesticide Control Act, the Department has
19 the power to enter at all reasonable times upon any private
20 or public property.
21 (Source: P.A. 86-1172.)
22 (20 ILCS 205/15-345 new)
23 (was 20 ILCS 205/40.6) (from Ch. 127, par. 40.6)
24 Sec. 15-345. Fertilizers. The Department has the power
25 40.6. to execute and administer the Acts and rules regulating
26 the manufacture, sale, and distribution of fertilizers.
27 (Source: P.A. 84-295.)
28 (20 ILCS 205/15-350 new)
29 (was 20 ILCS 205/40.25) (from Ch. 127, par. 40.25)
30 Sec. 15-350. Fuel sold as gasohol; penalty. The
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1 Department has the power 40.25. to test fuel that which is
2 sold as gasohol, or is claimed to be gasohol under the Use
3 Tax Act, the Service Occupation Tax Act, or the Retailers'
4 Occupation Tax Act in order, to determine whether the fuel
5 contains at least 10% alcohol.
6 Any person who knowingly sells or represents as gasohol
7 any fuel that which does not qualify as gasohol under any of
8 the above named Acts is guilty of a business offense and
9 shall be fined not more than $100 for each day that the such
10 sale or representation takes place after notification from
11 the Department that the fuel in question does not qualify as
12 gasohol.
13 (Source: P.A. 82-702.)
14 (20 ILCS 205/15-355 new)
15 (was 20 ILCS 205/40.26) (from Ch. 127, par. 40.26)
16 Sec. 15-355. Motor fuel alcohol; water test. The
17 Department has the power 40.26. to test alcohol to be used as
18 a motor fuel component to ensure that insure it contains no
19 more than 1.25% water by weight.
20 (Source: P.A. 82-702.)
21 (20 ILCS 205/15-400 new)
22 (was 20 ILCS 205/40.20) (from Ch. 127, par. 40.20)
23 Sec. 15-400. Transfer of realty; acquisition of federal
24 lands. The Department has the power 40.20. to transfer
25 jurisdiction of any realty under the control of the
26 Department to any other department of the State government,
27 or to acquire or accept federal lands, when the such
28 transfer, acquisition, or acceptance is advantageous to the
29 State and is approved in writing by the Governor.
30 (Source: Laws 1967, p. 4087.)
31 (20 ILCS 205/15-405 new)
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1 (was 20 ILCS 205/40.22) (from Ch. 127, par. 40.22)
2 Sec. 15-405. State Fairgrounds property. The Department
3 has the power 40.22. to be the custodian of buildings,
4 structures, and property located on the State Fairgrounds,
5 and to maintain those buildings and structures and that
6 property the same.
7 (Source: P.A. 81-853.)
8 (20 ILCS 205/15-410 new)
9 (was 20 ILCS 205/40.23) (from Ch. 127, par. 40.23)
10 Sec. 15-410. Surety bonds; trust funds and accounts; bank
11 accounts.
12 (a) In this Section:
13 "Claimant" means a person who is unable to secure
14 satisfaction of financial obligations due from a person
15 subject to regulation by the Department, in accordance with
16 the applicable statute or regulation and the time limits
17 provided for in that statute or regulation, if any, under any
18 of the following Acts:
19 (1) The Illinois Egg and Egg Products Act.
20 (2) The Personal Property Storage Act.
21 (3) The Livestock Auction Market Law.
22 (4) The Illinois Pesticide Act.
23 (5) The Weights and Measures Act.
24 (6) The Illinois Livestock Dealer Licensing Act.
25 (7) The Slaughter Livestock Buyers Act.
26 (8) The Illinois Feeder Swine Dealer Licensing Act.
27 "Failure" under the Acts cited in the definition of
28 "claimant" contained in this Section means any of the
29 following:
30 (1) An inability to financially satisfy claimants
31 in accordance with the applicable statute or regulation
32 and the time limits provided for in that statute or
33 regulation, if any.
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1 (2) A public declaration of insolvency.
2 (3) A revocation of a license and the leaving of an
3 outstanding indebtedness to claimants.
4 (4) A failure to pay claimants in the ordinary
5 course of business and when a bonafide dispute does not
6 exist between the licensee and the customer.
7 (5) A failure to apply for renewal of a license.
8 (6) A denial of a request for renewal of a license.
9 (7) A voluntary surrendering of a license.
10 (b) The Department has the power 40.23. to control
11 surety bonds and trust funds and to establish trust accounts
12 and bank accounts in adequately protected financial
13 institutions, to hold monies received by the Director of
14 Agriculture when acting as trustee, to protect the assets of
15 licensees for the benefit of claimants, to accept security
16 from licensees to collateralize licensees' financial
17 deficiencies (and that such security shall be secondary to
18 surety bonds in the collection process), to accept collateral
19 and security in lieu of or in addition to a commercial surety
20 bond, and to collect and disburse the proceeds of those such
21 bonds and trust funds when acting as trustee on behalf of
22 claimants without responsibility for the management and
23 operation of discontinued or insolvent businesses, those such
24 funds, or additions to those funds thereto in which the State
25 of Illinois has no right, title, or interest.
26 (c) The Department shall promulgate and file procedural
27 rules and regulations to be followed concerning the
28 establishment and segregation of trust accounts and bank
29 accounts and the holding of administrative hearings to
30 identify and verify claimants and claim amounts, to claim and
31 collect the proceeds of surety bonds and other assets, and to
32 distribute monies in trust funds and bank accounts to
33 claimants. The trustee shall maintain and retain records and
34 make available for audit or review by any person, firm,
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1 corporation, or government entity the such trust accounts and
2 bank accounts, check registers, cancelled claimants' checks,
3 and records accumulated and used by the Department to
4 ascertain the claimants and claims against surety bonds or
5 trust funds.
6 Definitions of terms as used in this Section:
7 "Claimant" means a person who is unable to secure
8 satisfaction of financial obligations due from a person
9 subject to regulation by the Department, in accordance with
10 applicable statute or regulation and the time limits provided
11 for therein, if any, under any of the following Acts:
12 (a) Illinois Egg and Egg Products Act;
13 (b) Personal Property Storage Act;
14 (c) (Blank);
15 (d) Livestock Auction Market Law;
16 (e) Illinois Pesticide Act;
17 (f) Weights and Measures Act;
18 (g) Illinois Livestock Dealer Licensing Act;
19 (h) Slaughter Livestock Buyers Act;
20 (i) (Blank); or
21 (j) Illinois Feeder Swine Dealer Licensing Act.
22 "Failure" under the Acts cited in the definition of
23 "claimant" contained in this Section means:
24 (a) An inability to financially satisfy claimants in
25 accordance with applicable statute or regulation and the time
26 limits provided for therein, if any;
27 (b) A public declaration of insolvency;
28 (c) A revocation of license and leaving outstanding
29 indebtedness to claimants;
30 (d) A failure to pay claimants in the ordinary course of
31 business and where a bonafide dispute does not exist between
32 and customer;
33 (e) A failure to apply for license renewal;
34 (f) A denial of license renewal; or
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1 (g) A voluntary surrendering of a license.
2 (d) The Department may use monies in the trust accounts
3 that are established to hold monies received in trust for
4 disbursement to claimants for the benefit of claimants and
5 for paying expenses incurred in pursuing those such assets.
6 (Source: P.A. 89-287, eff. 1-1-96.)
7 (20 ILCS 205/15-415 new)
8 (was 20 ILCS 205/40.42)
9 Sec. 15-415. 40.42. State Cooperative Extension Service
10 Trust Fund. The Department of Agriculture shall deposit into
11 the State Cooperative Extension Service Trust Fund, a trust
12 fund created outside the State treasury and held by the State
13 Treasurer as custodian, all funds appropriated to the
14 Department as matching funds to support cooperative extension
15 programs as provided in the County Cooperative Extension Law.
16 At the direction of the Treasurer of the University of
17 Illinois, the Director of Agriculture shall direct the State
18 Treasurer and the State Comptroller to transfer the trust
19 funds to the University of Illinois as provided under Section
20 8(d) of the County Cooperative Extension Law. The Department
21 shall not have responsibility for or control over the
22 cooperative extension service or its programs because of this
23 trust fund.
24 (Source: P.A. 89-691.)
25 (20 ILCS 205/15-420 new)
26 (was 20 ILCS 205/40.15) (from Ch. 127, par. 40.15)
27 Sec. 15-420. Appropriations for county fairs and farmers'
28 institutes. The Department has the power 40.15. to
29 investigate and ascertain that moneys appropriated for county
30 fairs and farmers' institutes are faithfully applied to the
31 purposes authorized by law.
32 (Source: Laws 1967, p. 4087.)
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1 (20 ILCS 205/15-425 new)
2 (was 20 ILCS 205/40.37) (from Ch. 127, par. 40.37)
3 Sec. 15-425. Criminal history record information from
4 Department of State Police. 40.37. Whenever the Department of
5 Agriculture is authorized or required by law to consider some
6 aspect of criminal history record information for the purpose
7 of carrying out its statutory powers and responsibilities,
8 then, upon request and payment of fees in conformance with
9 the requirements of subsection 22 of Section 100-400 55a of
10 "the Department of State Police Law (20 ILCS 2605/100-400)
11 Civil Administrative Code of Illinois", the Department of
12 State Police is authorized to furnish, pursuant to positive
13 identification, the such information contained in State files
14 that as is necessary to fulfill the request.
15 (Source: P.A. 86-610.)
16 (20 ILCS 205/15-430 new)
17 (was 20 ILCS 205/40.34) (from Ch. 127, par. 40.34)
18 Sec. 15-430. Cooperation with U.S. Department of
19 Agriculture. The Department has the power 40.34. to cooperate
20 with and enter into agreements with the United States
21 Department of Agriculture and with others in carrying out the
22 powers and duties vested in the Department and to adopt
23 guidelines, by reference, issued by federal agencies in
24 carrying out its powers and duties.
25 (Source: P.A. 84-295.)
26 (20 ILCS 310/Art. 20 heading new)
27 ARTICLE 20. DEPARTMENT OF HUMAN SERVICES AS SUCCESSOR TO
28 DEPARTMENT OF ALCOHOLISM AND SUBSTANCE ABUSE
29 (20 ILCS 310/20-1 new)
30 Sec. 20-1. Article short title. This Article 20 of the
31 Civil Administrative Code of Illinois may be cited as the
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1 Department of Human Services (Alcoholism and Substance Abuse)
2 Law.
3 (20 ILCS 310/20-5 new)
4 (was 20 ILCS 5/9.29) (from Ch. 127, par. 9.29)
5 Sec. 20-5. Powers under certain Acts. 9.29. The
6 Department of Human Services, as successor to the Department
7 of Alcoholism and Substance Abuse, shall exercise,
8 administer, and enforce all rights, powers, and duties
9 formerly vested in the Department of Mental Health and
10 Developmental Disabilities by the following named Acts or
11 Sections of those Acts as they pertain to the provision of
12 alcoholism services service and the Dangerous Drugs
13 Commission by the following named Acts or Sections thereof:
14 (1) 1. The "Cannabis Control Act", approved August
15 16, 1971, as amended.
16 (2) 2. The "Illinois Controlled Substances Act",
17 approved August 16, 1971, as amended.
18 (3) 3. The "Community Mental Health Act", approved
19 June 26, 1963, as amended.
20 (4) 4. The "Community Services Act", approved
21 August 13, 1981, as amended.
22 (Source: P.A. 89-507, eff. 7-1-97.)
23 (20 ILCS 405/Art. 25 heading new)
24 ARTICLE 25. DEPARTMENT OF CENTRAL MANAGEMENT SERVICES
25 (20 ILCS 405/25-1 new)
26 Sec. 25-1. Article short title. This Article 25 of the
27 Civil Administrative Code of Illinois may be cited as the
28 Department of Central Management Services Law.
29 (20 ILCS 405/25-5 new)
30 (was 20 ILCS 405/35.2) (from Ch. 127, par. 35.2)
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1 Sec. 25-5. Definitions.
2 (a) In this Law 35.2. As used in sections 35.3 through
3 35.9 of this Act:
4 (a) "Department" means the Department of Central
5 Management Services.
6 (b) "Director" means the Director of Central Management
7 Services.
8 (b) In paragraphs (1) and (2) of Section 25-10 and in
9 Section 25-15, (c) "State agency", whether used in the
10 singular or plural, means all departments, officers,
11 commissions, boards, institutions, and bodies politic and
12 corporate of the State, including the offices of clerk of the
13 supreme court and clerks of the appellate courts. The term
14 does; except, it shall not mean the several courts of the
15 State, nor does it mean the legislature or, its committees or
16 commissions.
17 (Source: P.A. 82-789.)
18 (20 ILCS 405/25-10 new)
19 (was 20 ILCS 405/35.3) (from Ch. 127, par. 35.3)
20 Sec. 25-10. Director's duties; State policy. 35.3. It
21 shall be the duty of the Director and the policy of the State
22 of Illinois to do the following:
23 (1) (a) Place financial responsibility on State
24 agencies (as defined in subsection (b) of Section 25-5)
25 and to hold them accountable for the proper discharge of
26 this responsibility.
27 (2) (b) Require professional, accurate, and current
28 accounting with the State agencies (as defined in
29 subsection (b) of Section 25-5).
30 (3) (c) Decentralize fiscal, procedural, and
31 administrative operations to expedite the business of the
32 State and to avoid expense, unwieldiness, inefficiency,
33 and unnecessary duplication where decentralization is
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1 consistent with proper fiscal management.
2 (4) (d) Manage or delegate the management of the
3 procurement, retention, installation, maintenance, and
4 operation of all electronic data processing equipment
5 used by State agencies as defined in Section 25-20 35.7
6 of this Act, so as to achieve maximum economy consistent
7 with development of adequate and timely information in a
8 form suitable for management analysis, in a manner that
9 provides for adequate security protection and back-up
10 facilities for that such equipment, the establishment of
11 bonding requirements, and a code of conduct for all
12 electronic data processing personnel to ensure insure the
13 privacy of electronic data processing information as
14 provided by law.
15 (Source: P.A. 80-57.)
16 (20 ILCS 405/25-15 new)
17 (was 20 ILCS 405/35.4) (from Ch. 127, par. 35.4)
18 Sec. 25-15. Audits. 35.4. The Department, when so
19 requested by the Governor or the chief executive officer of a
20 State agency, may perform internal audits, and procedural
21 audits and in performing these responsibilities, the
22 Department may examine the accounts of any organization,
23 body, or agency receiving appropriations from the General
24 Assembly, including all grantees and sub-grantees of grantor
25 State agencies included within the scope of the audit. For
26 purposes of this Section, "State agency" is defined as in
27 subsection (b) of Section 25-5.
28 (Source: P.A. 87-817.)
29 (20 ILCS 405/25-20 new)
30 (was 20 ILCS 405/35.7) (from Ch. 127, par. 35.7)
31 Sec. 25-20. Fiscal policy information to Governor;
32 statistical research planning. 35.7.
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1 (a) The Department shall be responsible for providing
2 the Governor with timely, comprehensive, and meaningful
3 information pertinent to the formulation and execution of
4 fiscal policy. In performing this responsibility the
5 Department shall have the power and duty to do the following:
6 (1) (a) Control the procurement, retention,
7 installation, maintenance, and operation, as specified by
8 the Director, of electronic data processing equipment
9 used by State agencies in such a manner as to achieve
10 maximum economy and provide adequate assistance in the
11 development of information suitable for management
12 analysis.;
13 (2) (b) Establish principles and standards of
14 statistical reporting by State agencies and priorities
15 for completion of research by those such agencies in
16 accordance with the requirements for management analysis
17 as specified by the Director.;
18 (3) (c) Establish, through the Director, charges
19 for statistical services requested by State agencies and
20 rendered by the Department of Central Management
21 Services. The Such State agencies so charged shall
22 reimburse the Department of Central Management Services
23 by vouchers drawn against their respective appropriations
24 for electronic data processing. The Department is
25 likewise empowered through the Director to establish
26 prices or charges for all statistical reports purchased
27 by agencies and individuals not connected with State
28 government.;
29 (4) (d) Instruct all State agencies as the Director
30 may require to report regularly to the Department, in the
31 such manner as the Director may prescribe,: their usage
32 of electronic information devices, the cost incurred, the
33 information produced, and the procedures followed in
34 obtaining the said information. All State such agencies
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1 shall request of the Director of Central Management
2 Services any statistical services requiring the use of
3 electronic devices and shall conform to the priorities
4 assigned by the Director in using those such electronic
5 devices.;
6 (5) (e) Examine the accounts and statistical data
7 of any organization, body, or agency receiving
8 appropriations from the General Assembly.;
9 (6) (f) Install and operate a modern information
10 system utilizing equipment adequate to satisfy the
11 requirements for analysis and review as specified by the
12 Director. Expenditures for statistical services rendered
13 shall be reimbursed by the recipients. The Such
14 reimbursement shall be determined by the Director of
15 Central Management Services as amounts sufficient to
16 reimburse the Statistical Services Revolving Fund for
17 expenditures incurred in rendering the such services.
18 (b) In addition to the other powers and duties listed in
19 this Section, the Department shall analyze the present and
20 future aims, needs, and requirements of statistical research
21 and planning in order, to provide for the formulation of
22 overall policy relative to the use of electronic data
23 processing equipment by the State of Illinois. In making this
24 analysis, the Department under the Director shall formulate a
25 master plan for statistical research, utilizing electronic
26 equipment most advantageously, and advising whether
27 electronic data processing equipment should be leased or
28 purchased by the State. The Department under the Director
29 shall prepare and submit interim reports of meaningful
30 developments and proposals for legislation to the Governor on
31 or before January 30 each year. The Department under the
32 Director shall engage in a continuing analysis and evaluation
33 of the master plan so developed, and it shall be the
34 responsibility of the Department to recommend from time to
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1 time any needed amendments and modifications of any master
2 plan enacted by the General Assembly.
3 (c) For the purposes of this Section, Section 25-245,
4 and paragraph (4) of Section 25-10 only, "State agencies"
5 means all departments, boards, commissions, and agencies of
6 the State of Illinois subject to the Governor.
7 (Source: P.A. 82-789.)
8 (20 ILCS 405/25-25 new)
9 (was 20 ILCS 405/67.34) (from Ch. 127, par. 63b13.34)
10 Sec. 25-25. Moneys made available by public or private
11 entities. 67.34. The Department may apply for, receive,
12 expend, allocate, or disburse funds and moneys made available
13 by public or private entities, including, but not limited to,
14 contracts, private or public financial gifts, bequests,
15 grants, or donations from individuals, corporations,
16 foundations, or public or private institutions of higher
17 learning. All funds received by the Department from these
18 sources shall be deposited into the State treasury into a
19 State trust fund to be held by the State Treasurer as ex
20 officio custodian and subject to the Comptroller --
21 Treasurer, voucher -- warrant system. The funds shall be
22 expended by the Department for purposes as indicated by the
23 grantor, donor, or, in the case of funds or moneys given or
24 donated for no specific purpose, for any purpose deemed
25 appropriate by the Director in administering the
26 responsibilities of the agency as set forth in the Personnel
27 Code.
28 (Source: P.A. 87-888.)
29 (20 ILCS 405/25-30 new)
30 (was 20 ILCS 405/67.20) (from Ch. 127, par. 63b13.20)
31 Sec. 25-30. Administrative Procedure Act applies. 67.20.
32 The provisions of "the Illinois Administrative Procedure
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1 Act", as now or hereafter amended, are hereby expressly
2 adopted and incorporated herein as though a part of this Law
3 Act, and shall apply to all administrative rules and
4 procedures of the Department of Central Management Services.
5 (Source: P.A. 82-789.)
6 (20 ILCS 405/25-100 new)
7 (was 20 ILCS 405/64) (from Ch. 127, par. 63b3)
8 Sec. 25-100. Administration of the Personnel Code. 64.
9 The Department of Central Management Services shall have
10 power to administer the "Personnel Code" enacted by the 69th
11 General Assembly.
12 (Source: P.A. 82-789.)
13 (20 ILCS 405/25-105 new)
14 (was 20 ILCS 405/64.1) (from Ch. 127, par. 63b4)
15 Sec. 25-105. Fidelity, surety, property, and casualty
16 insurance. 64.1. The Department of Central Management
17 Services shall establish and implement a program to
18 coordinate the handling of all fidelity, surety, property,
19 and casualty insurance exposures, of the State and the
20 departments, divisions, agencies, branches, and universities
21 of the State. In performing this responsibility, the
22 Department shall have the power and duty to do the following:
23 (1) (a) Develop and maintain loss and exposure data on
24 all State property.
25 (2) (b) Study the feasibility of establishing a
26 self-insurance plan for State property and prepare estimates
27 of the costs of reinsurance for risks beyond the realistic
28 limits of the self-insurance.
29 (3) (c) Prepare a plan for centralizing the purchase of
30 property and casualty insurance on State property under a
31 master policy or policies, and to purchase the insurance
32 contracted for as provided in the Illinois Purchasing Act.
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1 (4) (d) Evaluate existing provisions for fidelity bonds
2 required of State employees and recommend such changes that
3 as are appropriate commensurate with risk experience and the
4 determinations respecting self-insurance or reinsurance so as
5 to permit reduction of costs without loss of coverage.
6 (5) (e) Investigate procedures for inclusion of school
7 districts, public community junior college districts, and
8 other units of local government in programs for the
9 centralized purchase of insurance.
10 (6) (f) Implement such recommendations of the State
11 Property Insurance Study Commission that as the Department
12 finds necessary or desirable in the performance of its powers
13 and duties under this Section to achieve efficient and
14 comprehensive risk management.
15 (7) (g) Prepare and, in the discretion of the Director
16 of Central Management Services, implement a plan providing
17 for the purchase of public liability insurance or for
18 self-insurance for public liability or for a combination of
19 purchased insurance and self-insurance for public liability
20 (i) (1) covering the State and drivers of motor vehicles
21 owned, leased, or controlled by the State of Illinois
22 pursuant to the provisions and limitations contained in the
23 Illinois Vehicle Code, (ii) (2) covering other public
24 liability exposures of the State and its employees within the
25 scope of their employment, and (iii) (3) covering drivers of
26 motor vehicles not owned, leased, or controlled by the State
27 but used by a State employee on State business, in excess of
28 liability covered by an insurance policy obtained by the
29 owner of the motor vehicle or in excess of the such dollar
30 amounts that as the Department shall determine to be
31 reasonable. Any contract of insurance let under this Law Act
32 shall be by bid in accordance with the procedure set forth in
33 the Illinois Purchasing Act. Any provisions for
34 self-insurance shall conform to subdivision (11) subsection
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1 (k).
2 The term "employee" as used in this subdivision (7) and
3 in subdivision (11) subsections (g) and (k) means a person
4 while in the employ of the State who is a member of the staff
5 or personnel of a State agency, bureau, board, commission,
6 committee, department, university, or college or who is a
7 State officer, elected official, commissioner, member of or
8 ex officio member of a State agency, bureau, board,
9 commission, committee, department, university, or college, or
10 a member of the National Guard while on active duty pursuant
11 to orders of the Governor of the State of Illinois, or any
12 other person while using a licensed motor vehicle owned,
13 leased, or controlled by the State of Illinois with the
14 authorization of the State of Illinois, provided the actual
15 use of the motor vehicle thereof is within the scope of that
16 such authorization and within the course of State service.
17 Subsequent to payment of a claim on behalf of an employee
18 pursuant to this Section and after reasonable advance written
19 notice to the employee, the Director may exclude the employee
20 from future coverage or limit the such coverage under the
21 plan if (i) (1) the Director determines that the claim
22 resulted from an incident in which the employee was grossly
23 negligent or had engaged in willful and wanton misconduct; or
24 (ii) (2) the Director determines that the employee is no
25 longer an acceptable risk based on a review of prior
26 accidents in which the employee was at fault and for which
27 payments were made pursuant to this Section.
28 The Director is authorized to promulgate such
29 administrative rules that as may be necessary to establish
30 and administer the plan.
31 Appropriations from the Road Fund shall be used to pay
32 auto liability claims and related expenses involving
33 employees of the Department of Transportation, the Illinois
34 State Police, and the Secretary of State.
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1 (8) (h) Charge, collect, and receive from all other
2 agencies of the State government fees or monies equivalent to
3 the cost of purchasing the insurance.
4 (9) (i) (1) Establish, through the Director, charges for
5 risk management services rendered to State agencies by the
6 Department of Central Management Services. The State agencies
7 so charged shall reimburse the Department of Central
8 Management Services by vouchers drawn against their
9 respective appropriations. The reimbursement shall be
10 determined by the Director of Central Management Services as
11 amounts sufficient to reimburse the Department for
12 expenditures incurred in rendering the service.
13 (2) The Department of Central Management Services shall
14 charge the employing State agency or university for workers'
15 compensation payments for temporary total disability paid to
16 any employee after the employee has received temporary total
17 disability payments for 120 days if the employee's treating
18 physician has issued a release to return to work with
19 restrictions and the employee is able to perform modified
20 duty work but the employing State agency or university does
21 not return the employee to work at modified duty. Modified
22 duty shall be duties assigned that may or may not be
23 delineated as part of the duties regularly performed by the
24 employee. Modified duties shall be assigned within the
25 prescribed restrictions established by the treating physician
26 and the physician who performed the independent medical
27 examination. The amount of all reimbursements shall be
28 deposited into the Workers' Compensation Revolving Fund which
29 is hereby created as a special fund in the State treasury.
30 Moneys in the Fund shall be used, subject to appropriation,
31 to pay these or other temporary total disability claims of
32 employees of State agencies and universities.
33 (3) Beginning with fiscal year 1996, all amounts
34 recovered by the Department through subrogation in workers'
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1 compensation and workers' occupational disease cases shall be
2 deposited into the Workers' Compensation Revolving Fund
3 created under this subdivision (9) (i)(2).
4 (10) (j) Establish rules, procedures, and forms to be
5 used by State agencies in the administration and payment of
6 workers' compensation claims. The Department shall initially
7 evaluate and determine the compensability of any injury that
8 which is the subject of a workers' compensation claim and
9 provide for the administration and payment of such a claim
10 for all State agencies. The Director may delegate to any
11 agency with the agreement of the agency head the
12 responsibility for evaluation, administration, and payment of
13 that agency's claims.
14 (11) (k) Any plan for public liability self-insurance
15 implemented under this Section shall provide that (i) (1) the
16 Department of Central Management Services shall attempt to
17 settle and may settle any public liability claim filed
18 against the State of Illinois or any public liability claim
19 filed against a State employee on the basis of an occurrence
20 in the course of the employee's his State employment; (ii)
21 (2) any settlement of such a claim must be approved by the
22 Director of Central Management Services and, in cases of
23 settlements exceeding $100,000, by the Governor; and (iii)
24 (3) a settlement of any public liability claim against the
25 State or a State employee shall require an unqualified
26 release of any right of action against the State and the
27 employee for acts within the scope of the employee's
28 employment giving rise to the claim.
29 Whenever and to the extent that a State employee operates
30 a motor vehicle or engages in other activity covered by
31 self-insurance under this Section, the State of Illinois
32 shall defend, indemnify, and hold harmless the employee
33 against any claim in tort filed against the employee for acts
34 or omissions within the scope of the employee's his
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1 employment in any proper judicial forum and not settled
2 pursuant to this subdivision (11) subsection, provided that
3 this obligation of the State of Illinois shall not exceed a
4 maximum liability of $2,000,000 for any single occurrence in
5 connection with the operation of a motor vehicle or $100,000
6 per person per occurrence for any other single occurrence, or
7 $500,000 for any single occurrence in connection with the
8 provision of medical care by a licensed physician employee.
9 Any claims against the State of Illinois under a
10 self-insurance plan that which are not settled pursuant to
11 this subdivision (11) subsection shall be heard and
12 determined by the Court of Claims, and may not be filed or
13 adjudicated in any other forum. The Attorney General of the
14 State of Illinois or the Attorney General's his designee
15 shall be the attorney with respect to all public liability
16 self-insurance claims that which are not settled pursuant to
17 this subdivision (11) subsection and therefore result in
18 litigation. The payment of any award of the Court of Claims
19 entered against the State relating to any public liability
20 self-insurance claim shall act as a release against any State
21 employee involved in the occurrence.
22 (12) (l) Administer a plan the purpose of which is to
23 make payments on final settlements or final judgments in
24 accordance with the State Employee Indemnification Act. The
25 plan shall be funded through appropriations from the General
26 Revenue Fund specifically designated for that purpose, except
27 that indemnification expenses for employees of the Department
28 of Transportation, the Illinois State Police, and the
29 Secretary of State shall be paid from the Road Fund. The
30 term "employee" as used in this subdivision (12) has
31 subsection shall have the same meaning as under subsection
32 (b) of Section 1 of the State Employee Indemnification Act.
33 Subject to sufficient appropriation, the Director of Central
34 Management Services shall approve payment of any claim
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1 presented to the Director him that is supported by a final
2 settlement or final judgment when the Attorney General and
3 the chief officer of the public body against whose employee
4 the claim or cause of action is asserted certify to the
5 Director him that the claim is in accordance with the State
6 Employee Indemnification Act, and that they approve of the
7 payment. In no event shall an amount in excess of $150,000
8 be paid from this plan to or for the benefit of any claimant.
9 (13) (m) Administer a plan the purpose of which is to
10 make payments on final settlements or final judgments for
11 employee wage claims in situations where there was an
12 appropriation relevant to the wage claim, and the fiscal year
13 and lapse period have expired, and that sufficient funds were
14 available to pay the such claim. The plan shall be funded
15 through appropriations from the General Revenue Fund
16 specifically designated for that purpose.
17 Subject to sufficient appropriation, the Director of
18 Central Management Services is authorized to pay any wage
19 claim presented to the Director him that is supported by a
20 final settlement or final judgment when the chief officer of
21 the State agency employing the claimant certifies to the
22 Director him that the claim is a valid wage claim and that
23 the fiscal year and lapse period have expired. Payment for
24 claims that are properly submitted and certified as valid by
25 the Director of Central Management Services shall include
26 interest accrued at the rate of 7% per annum from the
27 forty-fifth day after the claims are received by the
28 Department of Central Management Services or 45 days from the
29 date on which the amount of payment is agreed upon, whichever
30 is later, until the date the claims are submitted to the
31 Comptroller for payment. When the Attorney General has filed
32 an appearance in any proceeding concerning a wage claim
33 settlement or judgment, the Attorney General shall certify to
34 the Director of Central Management Services that the wage
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1 claim is valid before any payment is made. In no event shall
2 an amount in excess of $150,000 be paid from this plan to or
3 for the benefit of any claimant.
4 Nothing in Public Act 84-961 this Amendatory Act of 1985
5 shall be construed to affect in any manner the jurisdiction
6 of the Court of Claims concerning wage claims made against
7 the State of Illinois.
8 (14) (n) Prepare and, in the discretion of the Director
9 of Central Management Services, implement a program for
10 self-insurance for official fidelity and surety bonds for
11 officers and employees as authorized by the Official Bond
12 Act.
13 (Source: P.A. 89-21, eff. 7-1-95; 89-262, eff. 8-10-95;
14 revised 9-20-95; 89-626, eff. 8-9-96.)
15 (20 ILCS 405/25-110 new)
16 (was 20 ILCS 405/64.2) (from Ch. 127, par. 63b5)
17 Sec. 25-110. Federal tax-exempt benefits in lieu of
18 salary or wages. 64.2.
19 (a) The Department of Central Management Services may, at
20 the Director's discretion, establish and implement or approve
21 plans whereby State employees and officers, including those
22 of State universities and colleges, may enter into agreements
23 with their employer to elect to receive, in lieu of salary or
24 wages, benefits that which are not taxable under the federal
25 Internal Revenue Code. These Such agreements may include the
26 acceptance of a reduction in earnings or the foregoing of an
27 increase in earnings by an employee and the employer's
28 payment of those such amounts as employer contributions for
29 benefits that which the employee selects from a list of
30 employee benefits offered by the employer.
31 (b) Prior to the establishment of such a plan, the
32 Director shall seek the advice of interested State agencies
33 regarding the content and implementation of the plan.
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1 (c) Selection of plan offerings shall not be subject to
2 the Illinois Purchasing Act.
3 (d) Benefits selected by employees shall be included in
4 gross income for determination of pension base.
5 (Source: P.A. 84-167.)
6 (20 ILCS 405/25-115 new)
7 (was 20 ILCS 405/64.3) (from Ch. 127, par. 63b6)
8 Sec. 25-115. State agency employees child care services.
9 64.3. The Department of Central Management Services shall
10 administer the "State Agency Employees Child Care Services
11 Act", enacted by the 84th General Assembly.
12 (Source: P.A. 84-1308.)
13 (20 ILCS 405/25-120 new)
14 (was 20 ILCS 405/67.29) (from Ch. 127, par. 63b13.29)
15 Sec. 25-120. Hispanic and bilingual employees. 67.29.
16 The Department shall develop and implement plans to increase
17 the number of Hispanics employed by State government and the
18 number of bilingual persons employed in State government at
19 supervisory, technical, professional, and managerial levels.
20 (Source: P.A. 85-301.)
21 (20 ILCS 405/25-125 new)
22 (was 20 ILCS 405/67.31) (from Ch. 127, par. 63b13.31)
23 Sec. 25-125. State agency affirmative action and equal
24 employment opportunity goals. 67.31. The Department shall
25 assist State agencies required to establish preparation and
26 promotion training programs under subsection (H) of Section
27 7-105 of the Illinois Human Rights Act for failure to meet
28 their affirmative action and equal employment opportunity
29 goals. The Department shall survey State agencies to
30 identify effective existing training programs and shall serve
31 as a resource to other State agencies. The Department shall
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1 assist agencies in the development and modification of
2 training programs to enable them to meet their affirmative
3 action and equal employment opportunity goals and shall
4 provide information regarding other existing training and
5 educational resources, such as the Upward Mobility Program,
6 the Illinois Institute for Training and Development, and the
7 Central Management Services Training Center.
8 (Source: P.A. 86-1411; 86-1475.)
9 (20 ILCS 405/25-130 new)
10 (was 20 ILCS 405/67.28) (from Ch. 127, par. 63b13.28)
11 Sec. 25-130. State employees and retirees suggestion
12 award program. 67.28.
13 (a) The Department shall assist in the implementation of
14 a State Employees and Retirees Suggestion Award Program, to
15 be administered by the Board created in subsection (b). The
16 program shall encourage and reward improvements in the
17 operation of State government that which result in
18 substantial monetary savings. Any State employee, including
19 management personnel as defined by the Department, any
20 annuitant under Article 14 of the Illinois Pension Code and
21 any annuitant under Article 15 of that Code who receives a
22 retirement or disability retirement annuity, but not
23 including elected officials and departmental directors, may
24 submit a cost-saving suggestion to the Board, which shall
25 direct the suggestion to the appropriate department or agency
26 without disclosing the identity of the suggester. A
27 suggester may make a suggestion or include documentation on
28 matters a department or agency considers confidential, except
29 where prohibited by federal or State law; and no disciplinary
30 or other negative action may be taken against the suggester
31 unless there is a violation of federal or State law.
32 Suggestions, including documentation, upon receipt, shall
33 be given confidential treatment and shall not be subject to
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1 subpoena or nor be made public until the agency affected by
2 it has had the opportunity to request continued
3 confidentiality. The agency, if it requests continued
4 confidentiality, shall attest that disclosure would violate
5 federal or State law or rules and regulations pursuant to
6 federal or State law thereto or is a matter covered under
7 Section 7 of the Freedom of Information Act. The Board shall
8 make its decision on continued confidentiality and, if it so
9 classifies the suggestion, shall notify the suggester and
10 agency. A suggestion classified "continued confidential"
11 shall nevertheless be evaluated and considered for award. A
12 suggestion that which the Board finds or the suggester states
13 or implies constitutes a disclosure of information that which
14 the suggester reasonably believes evidences (1) a violation
15 of any law, rule, or regulation or (2) mismanagement, a gross
16 waste of funds, an abuse of authority, or a substantial and
17 specific danger to public health or safety may be referred to
18 the appropriate investigatory or law enforcement agency for
19 consideration for investigation and action. The identity of
20 the suggester may not be disclosed without the consent of the
21 suggester during any investigation of the information and any
22 related matters. Such a suggestion shall also be evaluated
23 and an award made when appropriate. That portion of Board
24 meetings that involves the consideration of suggestions
25 classified "continued confidential" or being considered for
26 that such classification shall be closed meetings.
27 The Board may at its discretion make awards for those
28 suggestions certified by agency or department heads as
29 resulting in savings to the State of Illinois. Management
30 personnel shall be recognized for their suggestions as the
31 Board considers appropriate, but shall not receive any
32 monetary award. Annuitants and employees, other than
33 employees who are management personnel, shall receive awards
34 in accordance with the schedule below. Each award to
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1 employees other than management personnel and awards to
2 annuitants shall be paid in one lump sum by the Board created
3 in subsection (b). A monetary award may be increased by
4 appropriation of the General Assembly.
5 The amount of each award to employees other than
6 management personnel and the award to annuitants shall be
7 determined as follows:
8 $1.00 to $5,000 savings..................... an amount not
9 to exceed
10 $500.00 or a
11 certificate
12 of merit, or
13 both, as
14 determined
15 by the Board
16 more than $5,000 up to $20,000 savings...... $500 award
17 more than $20,000 up to $100,000 savings.... $1,000 award
18 more than $100,000 up to $200,000 savings... $2,000 award
19 more than $200,000 up to $300,000 savings... $3,000 award
20 more than $300,000 up to $400,000 savings... $4,000 award
21 more than $400,000.......................... $5,000 award
22 (b) There is created a State Employees and Retirees
23 Suggestion Award Board to administer the program described in
24 subsection (a). The Board shall consist of 8 members
25 appointed 2 each by the President of the Senate, the and
26 Minority Leader of the Senate, the Speaker of the House of
27 Representatives, and the Minority Leader of the House of
28 Representatives and, as ex-officio, non-voting members, the
29 directors of the Bureau of the Budget and the Department of
30 Central Management Services. Each appointing authority shall
31 designate one initial appointee to serve one year and one
32 initial appointee to serve 2 years; subsequent terms shall be
33 2 years. Any vacancies shall be filled for the unexpired
34 term by the original appointing authority and any member may
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1 be reappointed. Board members shall serve without
2 compensation but may be reimbursed for expenses incurred in
3 the performance of their duties. The Board shall annually
4 elect a chairman from among its number, shall meet monthly or
5 more frequently at the call of the chairman, and shall
6 establish necessary procedures, guidelines, and criteria for
7 the administration of the program. The Board shall annually
8 report to the General Assembly by January 1 on the operation
9 of the program, including the nature and cost-savings of
10 implemented suggestions, and any recommendations for
11 legislative changes it deems appropriate. The General
12 Assembly shall make an annual appropriation to the Board for
13 payment of awards and the expenses of the Board, such as, but
14 not limited to: travel of the members, preparation of
15 publicity material, printing of forms and other matter, and
16 contractual expenses.
17 (Source: P.A. 86-1019; 86-1027; 87-1009.)
18 (20 ILCS 405/25-190 new)
19 (was 20 ILCS 405/67.27) (from Ch. 127, par. 63b13.27)
20 Sec. 25-190. Reduced rates and fares for State employee
21 travel. 67.27. To negotiate with vendors to establish reduced
22 rates and fares applicable for transportation and lodging for
23 State employees traveling on official business, and to
24 publish a directory or listing of those such fares and rates.
25 The publication shall be made available to all State agencies
26 in sufficient quantities to maximize utilization of the
27 reduced rates and fares.
28 (Source: P.A. 84-346.)
29 (20 ILCS 405/25-200 new)
30 (was 20 ILCS 405/67) (from Ch. 127, par. 63b13)
31 Sec. 25-200. Department's responsibility, generally. 67.
32 The Department of Central Management Services is responsible
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1 for certain State properties, acquisitions, and services. In
2 performing this responsibility the Department has the powers
3 and duties set forth in the Sections following this Section
4 (except Sections 25-220, 25-245, 25-250, 25-255, and 25-260)
5 and in Sections 25-25, 25-30, 25-120, 25-125, and 25-130
6 67.01 through 67.40.
7 (Source: P.A. 86-1411; 86-1475; 87-476; 87-895.)
8 (20 ILCS 405/25-205 new)
9 (was 20 ILCS 405/67.01) (from Ch. 127, par. 63b13.1)
10 Sec. 25-205. Specifications; purchases and contracts.
11 67.01. To establish or approve product or service
12 specifications and to make purchases of or contracts for
13 supplies, commodities, equipment, and utilities for all State
14 agencies. To avoid interruption or impediment of delivery of
15 necessary supplies, commodities, and coal the Director may
16 make purchases of or contracts for supplies and commodities
17 after April 30 of a fiscal year when where delivery of the
18 such supplies and commodities is to be made after June 30 of
19 that fiscal year and payment for the supplies and commodities
20 which is to be made from appropriations for the next fiscal
21 year. The Director may contract for periods not to exceed 10
22 years for delivery of coal, with payments to be made from
23 appropriations for the year in which the coal is delivered.
24 All such purchases and contracts made or entered into under
25 the preceding 2 two sentences shall (i) (a) recite that they
26 are subject to termination and cancellation in any year for
27 which the General Assembly fails to make an appropriation to
28 make payments under the terms of the such contract, and (ii)
29 (b) indicate the fiscal year of the appropriation against
30 which appropriation the purchase or contract is to be
31 charged.
32 The Director may authorize the various agencies, pursuant
33 to procedures established by the Director him, to purchase or
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1 contract for supplies, commodities, equipment, and utilities
2 if the where such purchase or contract will result in economy
3 or expedition to the State, except that all postage stamps
4 purchased from State funds must be procured by the Department
5 and perforated for identification purposes.
6 The Director, upon presentation of a warrant from a
7 General Assembly member, shall furnish the designated U.S.
8 Post Office with any amount specified so as to allow for the
9 creation or continuation of a bulk rate mailing fund in the
10 name of the General Assembly member, or shall furnish the
11 designated postage meter company or post office with any
12 amount specified so as to facilitate the purchase of a
13 postage meter and its stamps. Any postage meter so purchased
14 must also contain a stamp that states which shall state,
15 "official State mail".
16 The Board of Trustees of the University of Illinois, the
17 Board of Trustees of Southern Illinois University, the Board
18 of Trustees of Chicago State University, the Board of
19 Trustees of Eastern Illinois University, the Board of
20 Trustees of Governors State University, the Board of Trustees
21 of Illinois State University, the Board of Trustees of
22 Northeastern Illinois University, the Board of Trustees of
23 Northern Illinois University, the Board of Trustees of
24 Western Illinois University, and the Illinois Mathematics and
25 Science Academy shall purchase and contract for supplies,
26 commodities, equipment, and utilities in accordance with
27 rules and regulations prepared by them and approved by the
28 Department, except that all postage stamps purchased from
29 State funds, must be procured through the Department and
30 perforated for identification purposes.
31 As used in this Section the term "State agencies" means
32 all departments, officers, commissions, boards, institutions,
33 and bodies politic and corporate of the State but does not
34 mean the Board of Trustees of the University of Illinois, the
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1 Board of Trustees of Southern Illinois University, the Board
2 of Governors of State Colleges and Universities, the Board of
3 Regents, the Illinois Mathematics and Science Academy, or
4 municipalities and all other local governmental units.
5 (Source: P.A. 89-4, eff. 1-1-96.)
6 (20 ILCS 405/25-210 new)
7 (was 20 ILCS 405/67.21) (from Ch. 127, par. 63b13.21)
8 Sec. 25-210. State Property Control Act. 67.21. To
9 administer the State Property Control Act.
10 (Source: P.A. 76-2028.)
11 (20 ILCS 405/25-215 new)
12 (was 20 ILCS 405/67.22) (from Ch. 127, par. 63b13.22)
13 Sec. 25-215. Proper utilization of State property.
14 67.22. To require proper utilization of State property.
15 (Source: P.A. 76-2028.)
16 (20 ILCS 405/25-220 new)
17 (was 20 ILCS 405/35.9) (from Ch. 127, par. 35.9)
18 Sec. 25-220. Inventorying State property. 35.9. The
19 Department shall establish regulations for inventorying of
20 property owned or controlled by the State.
21 (Source: P.A. 82-783.)
22 (20 ILCS 405/25-225 new)
23 (was 20 ILCS 405/67.09) (from Ch. 127, par. 63b13.9)
24 Sec. 25-225. Office supply stockrooms. 67.09. To
25 establish and operate office supply stockrooms where it finds
26 that the office supply needs of more than one agency may be
27 more efficiently or economically served by centralized State
28 distribution and, when those such stockrooms are established,
29 to prescribe the items to be stocked in and the geographical
30 area to be served by the stockrooms. The Department shall
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1 purchase stocks of supplies from the Office Supplies
2 Revolving Fund in accordance with the rules and regulations
3 of the Department of Central Management Services, be
4 responsible for the receipt, care, and custody of the such
5 supplies, and keep detailed records thereof. The Department
6 shall bill the State agency receiving materials withdrawn
7 from stock as they are withdrawn.
8 (Source: P.A. 82-789.)
9 (20 ILCS 405/25-230 new)
10 (was 20 ILCS 405/67.23) (from Ch. 127, par. 63b13.23)
11 Sec. 25-230. Statewide Form Management Program. 67.23.
12 To administer the Statewide Form Management Program and
13 provisions of "the Forms Management Program Act", enacted by
14 the Eightieth General Assembly.
15 (Source: P.A. 80-1338.)
16 (20 ILCS 405/25-235 new)
17 (was 20 ILCS 405/67.04) (from Ch. 127, par. 63b13.4)
18 Sec. 25-235. State Printing Contracts Act. 67.04. To
19 perform the duties and responsibilities of the Department as
20 provided in the "State Printing Contracts Act", enacted by
21 the 75th General Assembly.
22 (Source: Laws 1967, p. 2788.)
23 (20 ILCS 405/25-240 new)
24 (was 20 ILCS 405/67.05) (from Ch. 127, par. 63b13.5)
25 Sec. 25-240. Information concerning the State. 67.05. To
26 publish, from time to time, for the information of the
27 several departments and of the general public, bulletins of
28 the work of the government; to collect, compile, and
29 disseminate information and literature concerning the
30 industrial, agricultural, and recreational facilities and
31 advantages, the historic and scenic places of interest, and
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1 the transportation and highway facilities of Illinois; to
2 encourage and coordinate the efforts of other public and
3 private organizations or groups of citizens to publicize the
4 facilities and attractions of Illinois; and to use or, employ
5 or to contract for the use or employment of whatever
6 advertising medium it may deem necessary to effectuate the
7 purposes herein provided in this Section.
8 (Source: Laws 1967, p. 2788.)
9 (20 ILCS 405/25-245 new)
10 (was 20 ILCS 405/35.7b) (from Ch. 127, par. 35.7b)
11 Sec. 25-245. Electronic data processing equipment.
12 35.7b. The Department of Central Management Services may
13 enter into multi-year lease, lease-purchase, or installment
14 purchase contracts, for terms not longer than 7 years, for
15 the acquisition of electronic data processing equipment for
16 the use of the Department or for the use of other State
17 agencies.
18 No multi-year contract may be entered into under this
19 Section except with the express approval of the Department.
20 Contracts entered into by the Department under this
21 Section shall recite that they are subject to termination and
22 cancellation in any year for which the General Assembly fails
23 to make an appropriation to make payments under the terms of
24 the such contract.
25 The Department of Central Management Services may sell or
26 exchange electronic data processing equipment no longer
27 useful for the State's purposes on such terms and conditions
28 as the Director deems to be in the best interest of the
29 State.
30 For the purpose of this Section, "State agencies" is
31 shall be defined as defined in Section 25-20 35.7 of this
32 Act.
33 (Source: P.A. 83-962.)
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1 (20 ILCS 405/25-250 new)
2 (was 20 ILCS 405/35.7a) (from Ch. 127, par. 35.7a)
3 Sec. 25-250. Statistical services; use of electronic
4 data processing equipment. 35.7a. The Department may make
5 statistical services and the use of electronic data
6 processing equipment, including necessary telecommunications
7 lines and equipment, available to local governments, elected
8 State officials, State educational institutions, and all
9 other governmental units of the State requesting them. The
10 Director is empowered to establish prices and charges for the
11 statistical services so furnished and for the use of the
12 electronic data processing equipment and necessary
13 telecommunications lines and equipment. The Such prices and
14 charges shall be sufficient to reimburse the cost of
15 furnishing the such services and use of equipment and lines.
16 (Source: P.A. 83-1332.)
17 (20 ILCS 405/25-255 new)
18 (was 20 ILCS 405/35.8) (from Ch. 127, par. 35.8)
19 Sec. 25-255. Division of Management Information. 35.8.
20 The Department, through its Division of Management
21 Information, may make statistical services and the use of
22 electronic data processing equipment available to local
23 governments, elected State officials, State educational
24 institutions, and all other governmental units of the State
25 requesting them. The Director is empowered to establish
26 prices and charges for the statistical services so furnished
27 and for the use of the electronic data processing equipment.
28 The Such prices and charges shall be sufficient to reimburse
29 the cost of furnishing the such services and use of
30 equipment.
31 (Source: Laws 1967, p. 2655.)
32 (20 ILCS 405/25-260 new)
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1 (was 20 ILCS 405/35.7c) (from Ch. 127, par. 35.7c)
2 Sec. 25-260. Standards for management information
3 systems. 35.7c. The Department may establish statistical and
4 protocol standards to provide consistency in the operation
5 and use of management information systems.
6 (Source: P.A. 87-817.)
7 (20 ILCS 405/25-265 new)
8 (was 20 ILCS 405/67.08) (from Ch. 127, par. 63b13.8)
9 Sec. 25-265. Plan to coordinate or centralize
10 communications among State offices. 67.08. To develop and
11 implement a comprehensive plan to coordinate or centralize
12 communications among State offices at different locations.
13 The plan shall be updated based on a continuing study of
14 communications problems of State government and shall include
15 but not be limited to telephone, teletypewriter use in
16 computer operations, the use of voice, data, and video
17 communications systems, and any other form of communications
18 system that which may be applicable. The plan shall take
19 into consideration systems that which might effect economies,
20 including but not limited to quantity discount services and,
21 the use of a common switchboard or centrex installation for
22 State agencies for cities, regions of the State, or the
23 entire State, and may include provision of telecommunications
24 service to local and federal government entities located
25 within this State if State interests can be served by so
26 doing.
27 (Source: P.A. 84-961.)
28 (20 ILCS 405/25-270 new)
29 (was 20 ILCS 405/67.18) (from Ch. 127, par. 63b13.18)
30 Sec. 25-270. Telecommunications services. 67.18. To
31 provide for and co-ordinate telecommunications services for
32 State agencies and, when requested and when in the best
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1 interests of the State, for units of federal or local
2 governments, and public and not-for-profit institutions of
3 primary, secondary, and higher education. The Department may
4 make use of its satellite uplink available to interested
5 parties not associated with State government provided that
6 State government usage shall have first priority. For this
7 purpose the Department shall have the power and duty to do
8 all of the following:
9 (1) (a) Provide for and control the procurement,
10 retention, installation, and maintenance of
11 telecommunications equipment or services used by State
12 agencies in the interest of efficiency and economy.;
13 (2) (b) Establish standards by January 1, 1989 for
14 communications services for State agencies which shall
15 include a minimum of one telecommunication device for the
16 deaf installed and operational within each State agency,
17 to provide public access to agency information for those
18 persons who are hearing or speech impaired. The
19 Department shall consult the Department of Human Services
20 to develop standards and implementation for this such
21 equipment.;
22 (3) (c) Establish charges (i) for communication
23 services for State agencies and, when requested, for
24 units of federal or local government and, public and
25 not-for-profit institutions of primary, secondary, or
26 higher education, and (ii) for use of the Department's
27 satellite uplink by parties not associated with State
28 government. Entities charged for these such services
29 shall reimburse the Department of Central Management
30 Services by vouchers drawn against their respective
31 appropriations for telecommunications services.;
32 (4) (d) Instruct all State agencies to report their
33 usage of telecommunication services regularly to the
34 Department in the such manner as the Director may
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1 prescribe.;
2 (5) (e) Analyze the present and future aims and
3 needs of all State agencies in the area of
4 telecommunications services and plan to serve those such
5 aims and needs in the most effective and efficient
6 manner.; and
7 (6) (f) Establish the such administrative
8 organization within the Department that as is required to
9 accomplish the purpose of this Section.
10 The Department of Central Management Services is
11 authorized to conduct a study for the purpose of determining
12 technical, engineering, and management specifications for the
13 networking, compatible connection, or shared use of existing
14 and future public and private owned television broadcast and
15 reception facilities, including but not limited to
16 terrestrial microwave, fiber optic, and satellite, for
17 broadcast and reception of educational, governmental, and
18 business programs, and to implement those specifications.
19 However, the Department may not control or interfere with
20 the input of content into the telecommunications systems by
21 the several State agencies or units of federal or local
22 government, or public or not-for-profit institutions of
23 primary, secondary, and higher education, or users of the
24 Department's satellite uplink.
25 As used in this Section, the term "State agencies" means
26 all departments, officers, commissions, boards, institutions,
27 and bodies politic and corporate of the State except the
28 General Assembly, legislative service agencies, and all
29 officers of the General Assembly.
30 (Source: P.A. 89-507, eff. 7-1-97.)
31 (20 ILCS 405/25-275 new)
32 (was 20 ILCS 405/67.33) (from Ch. 127, par. 63b13.33)
33 Sec. 25-275. Grants for distance learning services.
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1 67.33. To award grants to public community colleges and
2 education service centers for development and implementation
3 of telecommunications systems that provide distance learning
4 services.
5 (Source: P.A. 87-583; 87-895.)
6 (20 ILCS 405/25-280 new)
7 (was 20 ILCS 405/67.15) (from Ch. 127, par. 63b13.15)
8 Sec. 25-280. State garages; passenger cars. 67.15. To
9 supervise and administer all State garages used for the
10 repair, maintenance, or servicing of State-owned motor
11 vehicles except those operated by any State college or
12 university or by the Illinois Mathematics and Science
13 Academy; and to acquire, maintain, and administer the
14 operation of the passenger cars reasonably necessary to the
15 operations of the executive department of the State
16 government. To this end, the Department of Central
17 Management Services shall adopt regulations setting forth
18 guidelines for the acquisition, use, maintenance, and
19 replacement of motor vehicles, including the use of ethanol
20 blended gasoline whenever feasible, used by the executive
21 department of State government; and shall occupy the space
22 and take possession of the personnel, facilities, equipment,
23 tools, and vehicles that which are in the possession or under
24 the administration of the former Department of Administrative
25 Services for these purposes on July 13, 1982 (the effective
26 date of Public Act 82-789); this amendatory Act of 1982 and
27 shall, from time to time, acquire any such further,
28 additional, and replacement facilities, space, tools, and
29 vehicles that as are reasonably necessary for the purposes
30 described in this Section.
31 (Source: P.A. 86-109; 87-373.)
32 (20 ILCS 405/25-285 new)
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1 (was 20 ILCS 405/67.16) (from Ch. 127, par. 63b13.16)
2 Sec. 25-285. Fees for maintaining motor vehicles. 67.16.
3 To charge, collect, and receive from all other agencies of
4 the State government fees or moneys equivalent to the costs
5 of repairing, servicing, and maintaining motor vehicles used
6 by those such other agencies under Section 25-280 67.15 of
7 this Act. All contracts let under the provisions of this Law
8 Act shall be awarded in accordance with the applicable
9 requirements of the Illinois Purchasing Act.
10 (Source: P.A. 80-161.)
11 (20 ILCS 405/25-290 new)
12 (was 20 ILCS 405/67.32) (from Ch. 127, par. 63b13.32)
13 Sec. 25-290. Retread replacement tires on State owned
14 vehicles. 67.32. The Department shall develop and implement
15 a program to use retreads as replacement tires on State owned
16 vehicles wherever possible.
17 (Source: P.A. 87-476.)
18 (20 ILCS 405/25-295 new)
19 (was 20 ILCS 405/67.30) (from Ch. 127, par. 63b13.30)
20 Sec. 25-295. Decreased energy consumption. 67.30. The
21 Department of Central Management Services may enter into
22 contracts for equipment or services designed to decrease
23 energy consumption in State programs and, State owned or
24 controlled buildings, or equipment. Prior to entering into
25 any such contract for a State owned building, the Department
26 shall consult with the Executive Director of the Capital
27 Development Board. The Department may consult with the
28 Department of Commerce and Community Affairs regarding any
29 aspect of energy consumption projects.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 405/25-300 new)
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1 (was 20 ILCS 405/67.02) (from Ch. 127, par. 63b13.2)
2 Sec. 25-300. Lease or purchase of facilities; airport
3 buildings; correctional facilities. 67.02.
4 (a) To lease or purchase office and storage space,
5 buildings, land, and other facilities for all State agencies,
6 authorities, boards, commissions, departments, institutions,
7 and bodies politic and all other administrative units or
8 outgrowths of the executive branch of State government except
9 the Constitutional officers, the State Board of Education,
10 and the State colleges and universities and their governing
11 bodies. However, before leasing or purchasing any office or
12 storage space, buildings, land, or other facilities in any
13 municipality the Department shall survey the existing
14 State-owned and State-leased property to make a determination
15 of need.
16 The Such leases shall be for a term not to exceed 5
17 years, except that the such leases may contain a renewal
18 clause subject to acceptance by the State after that date or
19 an option to purchase. The Such purchases shall be made
20 through contracts that (i) which may provide for the title to
21 the property to transfer immediately to the State or a
22 trustee or nominee for the benefit of the State, (ii) and
23 which shall: provide for the consideration to be paid in
24 installments to be made at stated intervals during a certain
25 term not to exceed 30 years from the date of the contract,
26 and (iii) may provide for the payment of interest on the
27 unpaid balance at a rate that does not exceed a rate
28 determined by adding 3 percentage points to the annual yield
29 on United States Treasury obligations of comparable maturity
30 as most recently published in the Wall Street Journal at the
31 time such contract is signed. The Such leases and purchase
32 contracts shall be and shall recite that they are subject to
33 termination and cancellation in any year for which the
34 General Assembly fails to make an appropriation to pay the
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1 rent or purchase installments payable under the terms of the
2 lease or purchase contract. Additionally, the such purchase
3 contract shall specify that title to the office and storage
4 space, buildings, land, and other facilities being acquired
5 under the such a contract shall revert to the seller in the
6 event of the failure of the General Assembly to appropriate
7 suitable funds. However, this limitation on the term of the
8 such leases does not apply to leases to and with the Illinois
9 Building Authority, as provided for in the Act enacted by the
10 Seventy-second General Assembly entitled the Building
11 Authority Act., which Leases to and with that said Authority
12 may be entered into for a term not to exceed 30 years and
13 shall be and shall recite that they are subject to
14 termination and cancellation in any year for which the
15 General Assembly fails to make an appropriation to pay the
16 rent payable under the terms of the such lease. These
17 limitations do not apply if where the lease or purchase
18 contract contains a provision limiting the liability for the
19 payment of the rentals or installments thereof solely to
20 funds received from the federal government.
21 (b) To lease from an airport authority office, aircraft
22 hangar, and service buildings constructed upon a public
23 airport under the Airport Authorities Act for the use and
24 occupancy of the State Department of Transportation. The,
25 which lease may be entered into for a term not to exceed 30
26 years.
27 (c) To establish training programs for teaching State
28 leasing procedures and practices to new employees of the
29 Department and to keep all employees of the Department
30 informed about current leasing practices and developments in
31 the real estate industry.
32 (d) To enter into an agreement with a municipality or
33 county to construct, remodel, or convert a structure for the
34 purposes of its serving as a correctional institution or
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1 facility pursuant to paragraph (c) of Section 3-2-2 of the
2 Unified Code of Corrections.
3 (e) To enter into an agreement with a private
4 individual, trust, partnership, or corporation or a
5 municipality or other unit of local government, when
6 authorized to do so by the Department of Corrections, whereby
7 that such individual, trust, partnership, or corporation or
8 municipality or other unit of local government will
9 construct, remodel, or convert a structure for the purposes
10 of its serving as a correctional institution or facility and
11 then lease the such structure to the Department for the use
12 of the Department of Corrections. A lease entered into
13 pursuant to the authority granted in this subsection shall be
14 for a term not to exceed 30 years, but may grant to the State
15 the option to purchase the structure outright.
16 The Such leases shall be and shall recite that they are
17 subject to termination and cancellation in any year for which
18 the General Assembly fails to make an appropriation to pay
19 the rent payable under the terms of the lease.
20 (f) On and after September 17, 1983, the powers granted
21 to the Department under this Section shall be exercised
22 exclusively by the Department, and no other State agency may
23 concurrently exercise any such power, unless specifically
24 authorized otherwise by a later enacted law. This subsection
25 is not intended to impair any contract existing as of
26 September 17, 1983.
27 However, no lease for more than 10,000 square feet of
28 space shall be executed unless the Director, in consultation
29 with the Executive Director of the Capital Development Board,
30 has certified that leasing is in the best interest of the
31 State, considering programmatic requirements, availability of
32 vacant State-owned space, the cost-benefits of purchasing or
33 constructing new space, and other criteria as he or she shall
34 determine. The Director shall not permit multiple leases for
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1 less than 10,000 square feet to be executed in order to evade
2 this provision.
3 (g) To develop and implement, in cooperation with the
4 Interagency Energy Conservation Committee, a system for
5 evaluating energy consumption in facilities leased by the
6 Department, and to develop energy consumption standards for
7 use in evaluating prospective lease sites.
8 (Source: P.A. 87-852.)
9 (20 ILCS 405/25-305 new)
10 (was 20 ILCS 405/67.06) (from Ch. 127, par. 63b13.6)
11 Sec. 25-305. Lease of unused or unproductive State land.
12 67.06. To lease the unused or unproductive land under the
13 jurisdiction of any of the several departments on such terms
14 and conditions that as in the judgment of the Director are in
15 the best interests of the State.
16 (Source: Laws 1967, p. 2788.)
17 (20 ILCS 405/25-310 new)
18 (was 20 ILCS 405/67.07) (from Ch. 127, par. 63b13.7)
19 Sec. 25-310. Transfer of realty. 67.07. To transfer any
20 realty under the jurisdiction of the Department to any other
21 State agency and to accept a transfer of realty from the
22 federal government.
23 (Source: Laws 1967, p. 2788.)
24 (20 ILCS 405/25-315 new)
25 (was 20 ILCS 405/67.24) (from Ch. 127, par. 63b13.24)
26 Sec. 25-315. Management of State buildings; security
27 force; fees. 67.24.
28 (a) To manage, operate, maintain, and preserve from
29 waste the State buildings listed below. The Department may
30 rent portions of these and other State buildings when in the
31 judgment of the Director those such leases will be in the
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1 best interests of the State. The Such leases shall not
2 exceed 5 five years unless a greater term is specifically
3 authorized.
4 a. Peoria Regional Office Building
5 5415 North University
6 Peoria, Illinois 61614
7 b. Springfield Regional Office Building
8 4500 South 6th Street
9 Springfield, Illinois 62703
10 c. Champaign Regional Office Building
11 2125 South 1st Street
12 Champaign, Illinois 61820
13 d. Illinois State Armory Building
14 124 East Adams
15 Springfield, Illinois 62706
16 e. Marion Regional Office Building
17 2209 West Main Street
18 Marion, Illinois 62959
19 f. Kenneth Hall Regional State Office
20 Building
21 #10 Collinsville Avenue
22 East St. Louis, Illinois 62201
23 g. Rockford Regional Office Building
24 4402 North Main Street
25 P.O. Box 915
26 Rockford, Illinois 61105
27 h. State of Illinois Building
28 160 North LaSalle
29 Chicago, Illinois 60601
30 i. Office and Laboratory Building
31 2121 West Taylor Street
32 Chicago, Illinois 60602
33 j. Central Computer Facility
34 201 West Adams
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1 Springfield, Illinois 62706
2 k. Elgin Office Building
3 595 South State Street
4 Elgin, Illinois 60120
5 l. James R. Thompson Center
6 Bounded by Lake, Clark, Randolph and
7 LaSalle Streets
8 Chicago, Illinois
9 m. The following buildings located within the Chicago
10 Medical Center District:
11 1. Lawndale Day Care Center
12 2929 West 19th Street
13 2. Edwards Center
14 2020 Roosevelt Road
15 3. Illinois Center for
16 Rehabilitation and Education
17 1950 West Roosevelt Road and 1151 South Wood Street
18 4. Department of Children and
19 Family Services District Office
20 1026 South Damen
21 5. The William Heally School
22 1731 West Taylor
23 6. Administrative Office Building
24 1100 South Paulina Street
25 7. Metro Children and Adolescents Center
26 1601 West Taylor Street
27 n. E.J. "Zeke" Giorgi Center
28 200 Wyman Street
29 Rockford, Illinois
30 o. Suburban North Facility
31 9511 Harrison
32 Des Plaines, Illinois
33 p. The following buildings located within the Revenue
34 Center in Springfield:
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1 1. State Property Control Warehouse
2 11th & Ash
3 2. Illinois State Museum Research & Collections
4 Center
5 1011 East Ash Street
6 q. Effingham Regional Office Building
7 401 Industrial Drive
8 Effingham, Illinois
9 r. Portions or all of the basement and
10 ground floor of the
11 State of Illinois Building
12 160 North LaSalle
13 Chicago, Illinois 60601
14 may be leased to persons, firms, partnerships, associations,
15 or individuals for terms not to exceed 15 years when in the
16 judgment of the Director those such leases will be in the
17 best interests of the State.
18 Portions or all of the commercial space, which includes
19 the sub-basement, storage mezzanine, concourse, and ground
20 and second floors of the
21 James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and LaSalle Streets
23 Chicago, Illinois
24 may be leased to persons, firms, partnerships, associations,
25 or individuals for terms not to exceed 15 years subject to
26 renewals when in the judgment of the Director those such
27 leases will be in the best interests of the State.
28 The Director is authorized to rent portions of the above
29 described facilities to persons, firms, partnerships,
30 associations, or individuals for terms not to exceed 30 days
31 when those such leases will not interfere with State usage of
32 the facility. This authority is meant to supplement and shall
33 not in any way be interpreted to restrict the Director's
34 ability to make portions of the State of Illinois Building
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1 and the James R. Thompson Center available for long-term
2 commercial leases.
3 Provided however, that all rentals or fees charged to
4 persons, firms, partnerships, associations, or individuals
5 for any lease or use of space in the above described
6 facilities made for terms not to exceed 30 days in length
7 shall be deposited in a special fund in the State treasury to
8 be known as the Special Events Revolving Fund.
9 Notwithstanding the provisions above, the Department of
10 Children and Family Services and the Department of Human
11 Services (as successor to the Department of Rehabilitation
12 Services and the Department of Mental Health and
13 Developmental Disabilities) shall determine the allocation of
14 space for direct recipient care in their respective
15 facilities. The Department of Central Management Services
16 shall consult with the affected agency in the allocation and
17 lease of surplus space in these facilities. Potential lease
18 arrangements shall not endanger the direct recipient care
19 responsibilities in these facilities.
20 (b) To appoint, subject to the "Personnel Code", as
21 amended, persons to be members of a police and security
22 force. Members of the security force shall be peace officers
23 when performing duties pursuant to this Section and as such
24 shall have all of the powers possessed by policemen in
25 cities, and sheriffs, including the power to make arrests on
26 view or issue citations for violations of State statutes or
27 city or county ordinances, except that in counties of more
28 than 1,000,000 population, any powers created by this
29 subsection shall be exercised only (i) when necessary to
30 protect the property, personnel, or any interests of the
31 Department of Central Management Services or any State agency
32 for whom the Department manages, operates, or maintains
33 property, or (ii) when specifically requested by appropriate
34 State or local law enforcement officials, and except that
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1 within counties of 1,000,000 or less population, these such
2 powers shall be exercised only when necessary to protect the
3 property, personnel, or any interests of the State of
4 Illinois, and only while on property managed, operated, or
5 maintained by the Department.
6 Nothing in this subsection shall be construed so as to
7 make it conflict with any provisions of, or rules promulgated
8 under, the "Personnel Code".
9 (c) To charge reasonable fees to all State agencies
10 utilizing facilities operated by the Department for occupancy
11 related fees and charges. All fees collected under this
12 subsection shall be deposited in a special fund in the State
13 treasury known as the Facilities Management Revolving Fund.
14 As used in this subsection, the term "State agencies" means
15 all departments, officers, commissions, institutions, boards,
16 and bodies politic and corporate of the State.
17 (Source: P.A. 88-272; 88-317; 88-670, eff. 12-2-94; 89-376,
18 eff. 8-18-95; 89-507, eff. 7-1-97.)
19 (20 ILCS 405/25-320 new)
20 (was 20 ILCS 405/67.25) (from Ch. 127, par. 63b13.25)
21 Sec. 25-320. Multi-use State facility at Collinsville;
22 State Police district headquarters at Sterling. 67.25.
23 (a) To enter into an agreement with a private
24 individual, trust, partnership, or corporation or a
25 municipality or other unit of local government whereby that
26 such individual, trust, partnership, or corporation or
27 municipality or other unit of local government will construct
28 a structure in the vicinity of Collinsville, Illinois for the
29 purposes of its serving as a multi-use State facility and
30 then lease that such structure to the Department for the use
31 of the Department of Transportation and other State agencies.
32 (b) To enter into an agreement with a municipality or
33 other unit of local government whereby the municipality or
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1 other unit of local government will construct a structure in
2 the vicinity of Sterling, Illinois for the purposes of its
3 serving as a Department of State Police district headquarters
4 and then lease the structure to the Department for the use of
5 the Illinois State Police. The Director of the Department of
6 Central Management Services is further authorized to convey
7 the existing Illinois State Police headquarters at Sterling
8 to the City of Sterling, Illinois, a municipal corporation,
9 at a value established by the average of 3 three appraisals
10 in exchange for a deduction of equal value against any
11 amounts due the municipality under the State's contract to
12 acquire a State Police district headquarters at Sterling.
13 (c) A lease entered into pursuant to the authority
14 granted in this Section Act shall be for a term not to exceed
15 30 years but may grant to the State the option to purchase
16 the structure outright.
17 (d) The lease shall be approved by the heads of the
18 agencies occupying the facility and shall be and shall recite
19 that it is subject to termination and cancellation in any
20 year for which the General Assembly fails to make an
21 appropriation to pay the rent payable under the terms of the
22 lease.
23 (Source: P.A. 86-1338.)
24 (20 ILCS 405/25-325 new)
25 (was 20 ILCS 405/67.26) (from Ch. 127, par. 63b13.26)
26 Sec. 25-325. Mental health facility at Dixon. 67.26. To
27 enter into an agreement with a private individual, trust,
28 partnership, or corporation or a municipality or other unit
29 of local government whereby that such individual, trust,
30 partnership, or corporation or municipality or other unit of
31 local government will construct a structure in the vicinity
32 of Dixon, Illinois for the purposes of its serving as a
33 mental health facility and then lease that such structure to
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1 the Department for the use of the Department of Human
2 Services.
3 A lease entered into pursuant to the authority granted in
4 this Section Act shall be for a term not to exceed 30 years
5 but may grant to the State the option to purchase the
6 structure outright.
7 The lease shall be approved by the Secretary of Human
8 Services and shall be and shall recite that it is subject to
9 termination and cancellation in any year for which the
10 General Assembly fails to make an appropriation to pay the
11 rent payable under the terms of the lease.
12 (Source: P.A. 89-507, eff. 7-1-97.)
13 (20 ILCS 405/25-400 new)
14 (was 20 ILCS 5/34.1) (from Ch. 127, par. 34.1)
15 Sec. 25-400. Successor to Department of Administrative
16 Services and Department of Personnel. 34.1. The Department
17 of Central Management Services shall assume all rights,
18 powers, duties, and responsibilities of the Department of
19 Administrative Services and the Department of Personnel as
20 the successor to those departments. The Department of
21 Administrative Services, the Department of Personnel, and the
22 Advisory Board to the Department of Personnel are abolished.
23 Personnel, books, records, papers, documents, property,
24 real and personal, unexpended appropriations, and pending
25 business in any way pertaining to the former Department of
26 Administrative Services and the former Department of
27 Personnel are transferred to the Department of Central
28 Management Services, but any rights of employees or the State
29 under the "Personnel Code" or any other contract or plan
30 shall be unaffected by this transfer hereby. No rule or
31 regulation promulgated by the former Department of
32 Administrative Services or the former Department of Personnel
33 pursuant to an exercise of any right, power, duty, or
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1 responsibility transferred to the Department of Central
2 Management Services shall be affected by Public Act 82-789
3 this amendatory Act of 1982, and all such rules and
4 regulations shall become the rules and regulations of the
5 Department of Central Management Services.
6 (Source: P.A. 82-789.)
7 (20 ILCS 405/25-500 new)
8 (was 20 ILCS 405/67.35)
9 Sec. 25-500. 67.35. Matters relating to the Office of
10 the Lieutenant Governor.
11 (a) It is the purpose of this Section to provide for the
12 administration of the affairs of the Office of the Lieutenant
13 Governor during a period when the Office of Lieutenant
14 Governor is vacant.
15 It is the intent of the General Assembly that all powers
16 and duties of the Lieutenant Governor assumed and exercised
17 by the Director of Central Management Services, the
18 Department of Central Management Services, or another
19 Director, State employee, or State agency designated by the
20 Governor under the provisions of Public Act 88-553 this
21 amendatory Act of 1994 be reassumed by the Lieutenant
22 Governor on January 9, 1995.
23 (b) Until January 9, 1995, while the office of
24 Lieutenant Governor is vacant, the Director of Central
25 Management Services shall assume and exercise the powers and
26 duties given to the Lieutenant Governor under the Lieutenant
27 Governor's Office of Voluntary Action Act, Section 46.53 of
28 the Civil Administrative this Code of Illinois (renumbered;
29 now Section 35-75 of the Department of Commerce and Community
30 Affairs Law, 20 ILCS 605/35-75) (relating to the Keep
31 Illinois Beautiful program), the Employee Ownership
32 Assistance Act, the Gifts and Grants to Government Act, and
33 the Illinois Distance Learning Foundation Act.
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1 The Director of Central Management Services shall not
2 assume or exercise the powers and duties given to the
3 Lieutenant Governor under the Rural Bond Bank Act.
4 (c) Until January 9, 1995, while the office of
5 Lieutenant Governor is vacant, the Department of Central
6 Management Services shall assume and exercise the powers and
7 duties given to the Office of the Lieutenant Governor under
8 the Lieutenant Governor's Office of Voluntary Action Act and
9 the Illinois Distance Learning Foundation Act.
10 (d) Until January 9, 1995, while the office of
11 Lieutenant Governor is vacant, the Department of Central
12 Management Services may assume and exercise the powers and
13 duties that have been delegated to the Lieutenant Governor by
14 the Governor.
15 (e) Until January 9, 1995, while the office of
16 Lieutenant Governor is vacant, appropriations to the Office
17 of the Lieutenant Governor may be obligated and expended by
18 the Department of Central Management Services, with the
19 authorization of the Director of Central Management Services,
20 for the purposes specified in those appropriations. These
21 obligations and expenditures shall continue to be accounted
22 for as obligations and expenditures of the Office of the
23 Lieutenant Governor.
24 (f) Until January 9, 1995, while the office of
25 Lieutenant Governor is vacant, all employees of the Office of
26 the Lieutenant Governor who are needed to carry out the
27 responsibilities of the Office are temporarily reassigned to
28 the Department of Central Management Services. This
29 reassignment shall not be deemed to constitute new employment
30 or to change the terms or conditions of employment or the
31 qualifications required of the employees, except that the
32 reassigned employees shall be subject to supervision by the
33 Department during the temporary reassignment period.
34 (g) Until January 9, 1995, while the office of
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1 Lieutenant Governor is vacant, the Department of Central
2 Management Services shall temporarily assume and exercise the
3 powers and duties of the Office of the Lieutenant Governor
4 under contracts to which the Office of the Lieutenant
5 Governor is a party. The assumption of rights and duties
6 under this subsection shall not be deemed to change the terms
7 or conditions of the contract.
8 The Department of Central Management Services may amend,
9 extend, or terminate any such contract in accordance with its
10 terms; may agree to terminate a contract at the request of
11 the other party; and may, with the approval of the Governor,
12 enter into new contracts on behalf of the Office of the
13 Lieutenant Governor.
14 (h) The Governor may designate a State employee or
15 director other than the Director of Central Management
16 Services or a State agency other than the Department of
17 Central Management Services to assume and exercise any
18 particular power or duty that would otherwise be assumed and
19 exercised by the Director of Central Management Services or
20 the Department of Central Management Services under
21 subsection (b), (c), or (d) of this Section.
22 Except as provided below, if the Governor designates a
23 State employee or director other than the Director of Central
24 Management Services or a State agency other than the
25 Department of Central Management Services, that person or
26 agency shall be responsible for those duties set forth in
27 subsections (e), (f), and (g) that directly relate to the
28 designation of duties under subsections (b), (c), and (d).
29 If the Governor's designation relates to duties of the
30 Voluntary Action Advisory Council or the Distance Learning
31 Foundation, the Director of Central Management Services and
32 the Department of Central Management Services may, if so
33 directed by the Governor, continue to be responsible for
34 those duties set forth in subsections (e), (f), and (g)
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1 relating to that designation.
2 (i) Business transacted under the authority of this
3 Section by entities other than the Office of the Lieutenant
4 Governor shall be transacted on behalf of and in the name of
5 the Office of the Lieutenant Governor. Property of the
6 Office of the Lieutenant Governor shall remain the property
7 of that Office and may continue to be used by persons
8 performing the functions of that Office during the vacancy
9 period, except as otherwise directed by the Governor.
10 (Source: P.A. 88-553; 89-445, eff. 2-7-96.)
11 (20 ILCS 510/Art. 30 heading new)
12 ARTICLE 30. DEPARTMENT OF CHILDREN AND FAMILY SERVICES
13 (20 ILCS 510/30-1 new)
14 Sec. 30-1. Article short title. This Article 30 of the
15 Civil Administrative Code of Illinois may be cited as the
16 Department of Children and Family Services Powers Law.
17 (20 ILCS 510/30-5 new)
18 Sec. 30-5. Definition. As used in this Article 30,
19 "Department" means the Department of Children and Family
20 Services.
21 (20 ILCS 510/30-10 new)
22 (was 20 ILCS 510/65) (from Ch. 127, par. 63b11)
23 Sec. 30-10. Powers, generally. 65. The Department of
24 Children and Family Services has the powers enumerated in the
25 following Sections 65.1 through 65.8.
26 (Source: P.A. 86-610.)
27 (20 ILCS 510/30-15 new)
28 (was 20 ILCS 510/65.1) (from Ch. 127, par. 63b11.1)
29 Sec. 30-15. Children and Family Services Act. The
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1 Department has the power 65.1. to administer the "An Act
2 creating the Department of Children and Family Services Act,
3 codifying its powers and duties, and repealing certain Acts
4 and Sections herein named".
5 (Source: Laws 1967, p. 4089.)
6 (20 ILCS 510/30-20 new)
7 (was 20 ILCS 510/65.4) (from Ch. 127, par. 63b11.4)
8 Sec. 30-20. Juveniles; industrial and training schools.
9 The Department has the power 65.4. to exercise the powers and
10 fulfill the duties assigned the Department by the Juvenile
11 Court Act of 1987, the "An Act to aid Industrial Schools for
12 Girls Act", approved May 29, 1879, and the "An Act to provide
13 for and aid Training Schools for Boys Act", approved June 18,
14 1883, as such Acts are heretofore and hereafter amended.
15 (Source: P.A. 85-1209.)
16 (20 ILCS 510/30-25 new)
17 (was 20 ILCS 510/65.5) (from Ch. 127, par. 63b11.5)
18 Sec. 30-25. Child Care Act of 1969; injunction. The
19 Department has the power 65.5. to initiate injunction
20 proceedings whenever wherever it appears to the Director of
21 Children and Family Services that any person, group of
22 persons, or corporation is engaged or about to engage in any
23 acts or practices that which constitute or will constitute a
24 violation of the "Child Care Act of 1969", approved May 15,
25 1969, as amended, or any rule or regulation prescribed under
26 the authority of that Act thereof. The Director of Children
27 and Family Services may, in his or her discretion, through
28 the Attorney General apply for an injunction to enforce the
29 Act, rule, or regulation., and Upon a proper showing, any
30 circuit court may enter a permanent or preliminary injunction
31 or a temporary restraining order without bond to enforce the
32 Act, rule, or regulation those Acts in addition to the
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1 penalties and other remedies provided in the Act, rule, or
2 regulation those Acts. Appeals may be taken as in other civil
3 cases.
4 (Source: P.A. 83-1362.)
5 (20 ILCS 510/30-30 new)
6 (was 20 ILCS 510/65.6) (from Ch. 127, par. 63b11.6)
7 Sec. 30-30. Escaped inmates. The Department has the
8 power 65.6. to exercise the powers and fulfill the duties
9 assigned the Department by the Escaped Inmate Damages Act "An
10 Act concerning damages caused by escaped inmates of
11 charitable, penal, reformatory or other institutions over
12 which the State has control", approved June 21, 1935, as
13 heretofore and hereafter amended.
14 (Source: Laws 1967, p. 4089.)
15 (20 ILCS 510/30-35 new)
16 (was 20 ILCS 510/65.7) (from Ch. 127, par. 63b11.7)
17 Sec. 30-35. State agency employees child care services.
18 The Department has the power 65.7. to advise the Department
19 of Central Management Services concerning the provision of
20 child care services pursuant to the "State Agency Employees
21 Child Care Services Act", enacted by the 84th General
22 Assembly.
23 (Source: P.A. 84-652.)
24 (20 ILCS 510/30-95 new)
25 (was 20 ILCS 510/65.3) (from Ch. 127, par. 63b11.3)
26 Sec. 30-95. Statutory responsibilities pertaining to
27 children. The Department has the power 65.3. to administer
28 the "Child Care Act (repealed)" and the such other
29 responsibilities pertaining to children that as are delegated
30 to the Department by statute.
31 (Source: Laws 1967, p. 4089.)
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1 (20 ILCS 510/30-100 new)
2 (was 20 ILCS 510/65.8) (from Ch. 127, par. 63b11.8)
3 Sec. 30-100. Criminal history record information. 65.8.
4 Whenever the Department is authorized or required by law to
5 consider some aspect of criminal history record information
6 for the purpose of carrying out its statutory powers and
7 responsibilities, then, upon request and payment of fees in
8 conformance with the requirements of subsection 22 of Section
9 100-400 55a of " the Department of State Police Law (20 ILCS
10 2605/100-400) Civil Administrative Code of Illinois", the
11 Department of State Police is authorized to furnish, pursuant
12 to positive identification, the such information contained in
13 State files that as is necessary to fulfill the request.
14 (Source: P.A. 86-610.)
15 (20 ILCS 510/30-200 new)
16 (was 20 ILCS 510/65.2) (from Ch. 127, par. 63b11.2)
17 Sec. 30-200. Police and security force. The Department
18 has the power 65.2. to appoint, subject to the "Personnel
19 Code", persons to be members of a police and security force.
20 Members of the police and security force shall be peace
21 officers and as such have all powers possessed by policemen
22 in cities, and sheriffs, including the power to make arrests
23 on view or on warrants of violations of State statutes or
24 city or county ordinances. These powers may, however, be
25 exercised only in counties of more than 500,000 population
26 when required for the protection of Department properties,
27 interests, and personnel, or when specifically requested by
28 appropriate State or local law enforcement officials. Members
29 of the police and security force may not serve and execute
30 civil process processes.
31 (Source: Laws 1967, p. 4089.)
32 (20 ILCS 605/Art. 35 heading new)
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1 ARTICLE 35. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS
2 (20 ILCS 605/35-1 new)
3 Sec. 35-1. Article short title. This Article 35 of the
4 Civil Administrative Code of Illinois may be cited as the
5 Department of Commerce and Community Affairs Law.
6 (20 ILCS 605/35-5 new)
7 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
8 Sec. 35-5. Definitions. As used in the Sections following
9 after this Section: and before Section 47.2,
10 "Department" means the Department of Commerce and
11 Community Affairs.
12 "Director" means the Director of Commerce and Community
13 Affairs.
14 "Local government" means every county, municipality,
15 township, school district, and other local political
16 subdivision having authority to enact laws and ordinances, to
17 administer laws and ordinances, to raise taxes, or to expend
18 funds.
19 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
20 eff. 12-2-94.)
21 (20 ILCS 605/35-10 new)
22 (was 20 ILCS 605/46.1, in part) (from Ch. 127, par. 46.1)
23 Sec. 35-10. 46.1. Powers and duties. The Department of
24 Commerce and Community Affairs has the powers and duties
25 enumerated in the Sections following after this Section and
26 before Section 47.2.
27 (Source: P.A. 87-156; 87-248; 87-895; 88-100; 88-339; 88-670,
28 eff. 12-2-94.)
29 (20 ILCS 605/35-15 new)
30 (was 20 ILCS 605/46.22) (from Ch. 127, par. 46.22)
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1 Sec. 35-15. Cooperation with other departments, agencies,
2 and institutions. 46.22. To cooperate with other departments,
3 agencies, and institutions of this State in the collecting
4 and assembling of information and to enter into agreements
5 with those such other departments, agencies, and
6 institutions, upon such terms that are as may be mutually
7 agreed upon, to have conducted such studies and research that
8 conducted as may be necessary and proper.
9 (Source: Laws 1965, p. 1958.)
10 (20 ILCS 605/35-20 new)
11 (was 20 ILCS 605/46.29) (from Ch. 127, par. 46.29)
12 Sec. 35-20. Charges; gifts and grants; Economic Research
13 and Information Fund. 46.29.
14 (a) To establish and collect charges and to accept
15 gifts, grants, awards, matching contributions, financial
16 participations, and cost sharings from individuals,
17 businesses, governments, and other third party sources, on
18 such terms and conditions that as the Director deems
19 advisable, for any or all of the following purposes:
20 (1) Preparing, producing, and disseminating
21 economic research material and information in various
22 formats and media.
23 (2) Preparing, producing, and disseminating
24 economic development strategies and planning products
25 prepared as a guidance of the Illinois economy.
26 (3) Planning, facilitating, entering into, and
27 conducting public, private, or both public and private
28 sector partnerships and other joint venture economic
29 research, strategic planning, and pilot, and
30 demonstration projects that have as their purpose
31 fostering increased understanding of the Illinois economy
32 and the development, evaluation, and implementation of
33 policies and strategies to foster economic growth.
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1 (4) Planning, facilitating, and conducting
2 information dissemination and training outreach
3 conferences, workshops, symposia, and award recognition
4 ceremonies.
5 (b) The Economic Research and Information Fund is
6 created as a special fund in the State treasury, and all
7 monies received pursuant to this Section shall be deposited
8 into that Fund. Monies in the Economic Research and
9 Information Fund may be expended for purposes consistent with
10 the conditions under which those monies are received, subject
11 to appropriations made by the General Assembly for those
12 purposes.
13 (Source: P.A. 88-407.)
14 (20 ILCS 605/35-25 new)
15 (was 20 ILCS 605/46.30a) (from Ch. 127, par. 46.30a)
16 Sec. 35-25. Charges, gifts, and grants for promotional
17 products and services; International and Promotion Fund.
18 46.30a.
19 (a) To establish, levy, and collect fees and charges and
20 accept gifts, grants, and awards from other governmental
21 entities and nonprofit associations in association with the
22 provision of various promotional products and services
23 through its tourism, films production promotion, and
24 international business promotion programs. The Director may
25 establish and collect nominal charges for premiums and other
26 promotional materials produced or acquired as part of the
27 Department's activities authorized under the Illinois
28 Promotion Act from individuals and not-for-profit
29 organizations intending to use those such premiums and
30 promotional materials for purposes consistent with the
31 provisions of the Illinois Promotion Act, provided, however,
32 that other State agencies shall be charged no more than the
33 cost of the premium or promotional material to the
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1 Department.
2 (b) The Director may collect cost reimbursement monies
3 from films and media production entities for police and
4 related production security services in amounts determined by
5 the provider of the such security services and agreed to by
6 the production entity. The Such reimbursements shall only
7 result only from the agreed costs of planned police and
8 security services to be rendered to film and media production
9 sites in the State of Illinois.
10 (c) The Director may establish and collect cost-sharing
11 assessments and fees and accept gifts, grants, and awards
12 from private businesses, trade associations, other
13 governmental entities, and individuals desiring to
14 participate in and support the development and conduct of
15 overseas trade, catalog, and distributor shows and activities
16 and to purchase informational materials to foster export
17 sales of Illinois products and services as part of the
18 Department's international business programs.
19 (d) All money received pursuant to this Section shall be
20 deposited in the International and Promotional Fund within
21 the State treasury which is hereby created; monies within the
22 such Fund shall be appropriated only for expenditure pursuant
23 to this Section.
24 (Source: P.A. 86-813; 87-1177.)
25 (20 ILCS 605/35-30 new)
26 (was 20 ILCS 605/46.41) (from Ch. 127, par. 46.41)
27 Sec. 35-30. State and federal programs, grants, and
28 subsidies. 46.41. The Department shall use the such State and
29 federal programs, grants, and subsidies that as are available
30 to assist in the discharge of the provisions of the Civil
31 Administrative Code of Illinois this Act.
32 (Source: P.A. 81-1509.)
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1 (20 ILCS 605/35-35 new)
2 (was 20 ILCS 605/46.43) (from Ch. 127, par. 46.43)
3 Sec. 35-35. Federal moneys for general administration;
4 Intra-Agency Services Fund. 46.43. Moneys recovered from
5 federal programs for general administration that are received
6 by the Department of Commerce and Community Affairs shall be
7 deposited into a separate fund in the State treasury to be
8 known as the Intra-Agency Services Fund.
9 (Source: P.A. 86-1175; 87-130; 87-1177.)
10 (20 ILCS 605/35-40 new)
11 (was 20 ILCS 605/47.2) (from Ch. 127, par. 47.2)
12 Sec. 35-40. State Technical Services Act Fund. 47.2. The
13 following funds collected and received by the Department of
14 Commerce and Community Affairs shall be paid to the State
15 Treasurer for deposit in the State Technical Services Act
16 Fund outside the State Treasury:
17 (1) (a) Funds received or collected from the
18 federal government to defray the cost of programs and
19 activities conducted under the State Technical Services
20 Act of 1965, Public Law 89-182, as now and hereafter
21 amended, or under any other Act of Congress by which
22 federal funds are made available for those such
23 purposes., and
24 (2) (b) Funds received or collected from colleges,
25 universities, nonprofit organizations, or other
26 participants in programs and activities conducted under
27 Section 35-370 46.28.
28 All disbursements from the such Fund shall be made only
29 upon warrants of the State Comptroller drawn upon the State
30 Treasurer as custodian of the fund upon vouchers signed by
31 the Director of Commerce and Community Affairs or by the
32 person or persons designated by the Director him for that
33 such purpose. The Comptroller is authorized to draw the such
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1 warrant upon vouchers so signed. The State Treasurer shall
2 accept all warrants so signed and shall be released from
3 liability for all payments made on those warrants thereon.
4 (Source: P.A. 81-1509.)
5 (20 ILCS 605/35-50 new)
6 (was 20 ILCS 605/46.51) (from Ch. 127, par. 46.51)
7 Sec. 35-50. Expenditures for purposes of Build Illinois
8 Act. 46.51. To expend appropriations for the purposes
9 contained in the Build Illinois Act, enacted by the 84th
10 General Assembly.
11 (Source: P.A. 84-109.)
12 (20 ILCS 605/35-55 new)
13 (was 20 ILCS 605/46.21) (from Ch. 127, par. 46.21)
14 Sec. 35-55. Contracts and other acts to accomplish
15 Department's duties. 46.21. To make and enter into contracts,
16 including but not limited to making grants and loans to those
17 units of local government and non-profit corporations
18 specified by the General Assembly pursuant to appropriations
19 by the General Assembly from the Build Illinois Bond Fund and
20 the Build Illinois Purposes Fund, and generally to do all
21 such things that as, in its judgment, may be necessary,
22 proper, and expedient in accomplishing its duties.
23 (Source: P.A. 85-288.)
24 (20 ILCS 605/35-60 new)
25 (was 20 ILCS 605/46.50) (from Ch. 127, par. 46.50)
26 Sec. 35-60. Infrastructure needs survey. 46.50. To enter
27 into an agreement or contract with a college, university,
28 private group, organization, or other entity to conduct a
29 comprehensive statewide survey of infrastructure needs in
30 Illinois.
31 (Source: P.A. 84-109.)
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1 (20 ILCS 605/35-65 new)
2 (was 20 ILCS 605/46.52) (from Ch. 127, par. 46.52)
3 Sec. 35-65. Grants under Gang Control Grant Act. 46.52.
4 To award grants to community-based groups, as defined in the
5 Gang Control Grant Act "An Act to provide for grants to
6 community groups and to assist local government programs for
7 gang control, amending certain Acts therein named", veto
8 overridden October 31, 1985.
9 (Source: P.A. 84-1308; 84-1400; 84-1438.)
10 (20 ILCS 605/35-75 new)
11 (was 20 ILCS 605/46.53) (from Ch. 127, par. 46.53)
12 Sec. 35-75. 46.53. Keep Illinois Beautiful.
13 (a) There is created the Keep Illinois Beautiful Program
14 Advisory Board consisting of 7 members appointed by the
15 Governor with the advice and consent of the Senate. Of those
16 7, 4 shall be appointed from a list of at least 10 names
17 submitted by the boards of directors from the various
18 certified community programs. Each certified community
19 program may submit only one recommendation to be considered
20 by the Governor. The Lieutenant Governor or his or her
21 designee shall be a member and serve as Chairman, except that
22 (i) when Section 6 of Article V of the Illinois Constitution
23 is operative the officer next in line of succession shall
24 serve as Chairman and (ii) until January 9, 1995, while the
25 office of Lieutenant Governor is otherwise vacant, the powers
26 and duties of the Lieutenant Governor under this Section
27 shall be carried out as provided in Section 67.35 of the
28 Civil Administrative Code of Illinois (renumbered; now
29 Section 25-500 of the Department of Central Management
30 Services Law, 20 ILCS 405/25-500). The Board shall meet at
31 least quarterly at the discretion of the Chairman and at such
32 other times that as the Chairman or any 4 members consider
33 necessary. Four members shall constitute a quorum.
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1 (b) The purpose of the Board shall be to assist local
2 governments and community organizations in:
3 (1) Educating the public about the need for
4 recycling and reducing solid waste.;
5 (2) Promoting the establishment of recycling and
6 programs that reduce litter and other solid waste through
7 re-use and diversisn.;
8 (3) Developing local markets for recycled
9 products.;
10 (4) Cooperating with other State agencies and with
11 local governments having environmental responsibilities.;
12 (5) Seeking funding from governmental and
13 non-governmental sources.
14 (c) The Lieutenant Governor shall employ and fix the
15 salary of a statewide coordinator who, to the extent
16 possible, shall assist local governments and community
17 organizations that plan to implement programs set forth in
18 subsection (b). The Board shall establish guidelines for the
19 certification by the Board of local governments and community
20 organizations. The Such guidelines shall be approved by a
21 majority of the members of the Board.
22 The statewide coordinator may encourage local governments
23 and community organizations to apply for certification of
24 programs by the Board. However, the statewide coordinator
25 shall give equal consideration to newly certified programs
26 and older certified programs.
27 The statewide coordinator shall submit proposed programs
28 to the Board. The Board shall approve program proposals by a
29 majority vote of the quorum present. In no event shall the
30 Board veto a program by a vote of fewer than 4 members. A
31 vetoed proposal may be resubmitted to the Board by the
32 statewide coordinator after necessary changes in the proposal
33 have been made.
34 (d) The Keep Illinois Beautiful Fund is created as a
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1 special fund in the State treasury. Moneys from any public
2 or private source may be deposited into the Keep Illinois
3 Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
4 shall be appropriated only for the purposes of this Section.
5 Pursuant to action by the Board, the Lieutenant Governor may
6 authorize grants from moneys appropriated from the Keep
7 Illinois Beautiful Fund for certified community based
8 programs for up to 50% of the cash needs of the program;
9 provided, that at least 50% of the needs of the program shall
10 be contributed to the program in cash, and not in kind, by
11 local sources.
12 Moneys appropriated for certified community based
13 programs in municipalities of more than 1,000,000 population
14 shall be itemized separately and may not be disbursed to any
15 other community.
16 (Source: P.A. 88-186; 88-553.)
17 (20 ILCS 605/35-85 new)
18 (was 20 ILCS 605/46.11) (from Ch. 127, par. 46.11)
19 Sec. 35-85. Personnel. 46.11. To obtain and employ,
20 pursuant to the provisions of the "Personnel Code", as
21 heretofore or hereafter amended, the such technical,
22 clerical, stenographic, and other administrative personnel
23 that are and make such expenditures within the appropriations
24 therefor as may be necessary to carry out the purposes of the
25 Civil Administrative Code of Illinois and to make
26 expenditures for that purpose within the appropriations for
27 that purpose this Act.
28 (Source: Laws 1965, p. 1958.)
29 (20 ILCS 605/35-95 new)
30 (was 20 ILCS 605/46.42) (from Ch. 127, par. 46.42)
31 Sec. 35-95. Rules and regulations. 46.42. The Department
32 has shall have the power to make the such rules and
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1 regulations as may be necessary to carry out its duties.
2 (Source: P.A. 81-1509.)
3 (20 ILCS 605/35-100 new)
4 (was 20 ILCS 605/46.33) (from Ch. 127, par. 46.33)
5 Sec. 35-100. Transfer from Department of Business and
6 Economic Development. 46.33. To assume the rights, powers,
7 duties, and responsibilities of the former Department of
8 Business and Economic Development. Personnel, books,
9 records, property, and funds pertaining to the said former
10 Department of Business and Economic Development are
11 transferred to the Department, but any rights of employees or
12 the State under the "Personnel Code" or any other contract or
13 plan shall be unaffected by this transfer hereby.
14 (Source: P.A. 81-1509.)
15 (20 ILCS 605/35-105 new)
16 (was 20 ILCS 605/46.35) (from Ch. 127, par. 46.35)
17 Sec. 35-105. Transfer from Department of Local Government
18 Affairs. 46.35.
19 (a) To assume all rights, powers, duties, and
20 responsibilities of the former Department of Local Government
21 Affairs not pertaining to its property taxation related
22 functions. Personnel, books, records, property and funds
23 pertaining to those such non-taxation related functions are
24 transferred to the Department, but any rights of employees or
25 the State under the "Personnel Code" or any other contract or
26 plan shall be unaffected by this transfer hereby.
27 (b) After August 31, 1984 (the effective date of Public
28 this amendatory Act 83-1302) of 1984, the power, formerly
29 vested in the Department of Local Government Affairs, and
30 transferred to the Department of Commerce and Community
31 Affairs, to administer the distribution of funds from the
32 State treasury to reimburse counties, where State penal
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1 institutions are located, for the payment of assistant
2 State's Attorneys' salaries under Section 7 of "An act
3 concerning fees and salaries, and to classify the several
4 counties of this state with reference thereto", approved
5 March 29, 1872, as amended (repealed; now Section 4-2001 of
6 the Counties Code, 55 ILCS 5/4-2001), shall be vested in the
7 Department of Corrections pursuant to Section 3-2-2 of the
8 Unified Code of Corrections.
9 (Source: P.A. 83-1302.)
10 (20 ILCS 605/35-110 new)
11 (was 20 ILCS 605/46.34) (from Ch. 127, par. 46.34)
12 Sec. 35-110. Transfer from Governor's Office of Manpower
13 and Human Development. 46.34. To assume the rights, powers,
14 duties, and responsibilities of the Governor's Office of
15 Manpower and Human Development. Personnel, books, records,
16 property, and funds pertaining to the Governor's Office of
17 Manpower and Human Development are transferred to the
18 Department, but any rights of employees or the State under
19 the "Personnel Code" or any other contract or plan shall be
20 unaffected by this transfer hereby.
21 (Source: P.A. 81-1509.)
22 (20 ILCS 605/35-115 new)
23 (was 20 ILCS 605/46.36) (from Ch. 127, par. 46.36)
24 Sec. 35-115. Transfer from State Housing Board and
25 Department of Business and Economic Development. 46.36. In
26 addition to the duties and powers imposed elsewhere in the
27 Civil Administrative Code of Illinois this Act, the
28 Department has the following powers:
29 (1) To exercise the rights, powers, and duties
30 vested by law in the State Housing Board under the "An
31 Act in relation to Housing Authorities Act.," approved
32 March 19, 1934, as heretofore or hereafter amended;
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1 (2) To exercise the rights, powers, and duties
2 vested by law in the State Housing Board under the
3 Housing Cooperation Law. "An Act in relation to aid of
4 housing projects and cooperation with housing authorities
5 and the Federal government by municipal corporations,
6 political subdivisions and other public bodies of this
7 state," filed July 13, 1937, as heretofore or hereafter
8 amended;
9 (3) To exercise the rights, powers, and duties
10 vested by law in the State Housing Board under "An Act to
11 facilitate the Housing Development and Construction Act.
12 of housing, to provide governmental assistance therefor,
13 and to repeal an Act herein named," approved July 2,
14 1947, as heretofore or hereafter amended;
15 (4) To exercise the rights, powers, and duties
16 vested by law in the State Housing Board under the
17 "Blighted Areas Redevelopment Act of 1947.", approved
18 July 2, 1947, as heretofore or hereafter amended;
19 (5) To exercise the rights, powers, and duties
20 vested by law in the State Housing Board under the
21 "Blighted Vacant Areas Development Act of 1949.," filed
22 August 13, 1949, as heretofore or hereafter amended;
23 (6) To exercise the rights, powers, and duties
24 vested by law in the State Housing Board under the Urban
25 Community Conservation Act. "An Act in relation to the
26 conservation of urban residential areas and the
27 prevention of slums and to define the rights, powers and
28 duties of municipalities in connection therewith,"
29 approved July 13, 1953, as heretofore or hereafter
30 amended;
31 (7) To exercise the rights, powers, and duties
32 vested by law in the State Housing Board under the "Urban
33 Renewal Consolidation Act of 1961.," approved August 15,
34 1961, as heretofore or hereafter amended;
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1 (8) To exercise the rights, powers, and duties
2 vested by law in the State Housing Board under the
3 Redevelopment Project Rehousing Act. "An Act in relation
4 to rehousing persons residing in the areas of
5 redevelopment projects undertaken pursuant to the
6 "Blighted Areas Redevelopment Act of 1947" enacted by the
7 Sixty-fifth General Assembly, and to provide for state
8 and municipal contributions therefor," approved July 2,
9 1947, as heretofore or hereafter amended;
10 (9) To exercise the rights, powers, and duties
11 vested by law in the State Housing Board under the State
12 Housing Act. "An Act in relation to housing," approved
13 July 12, 1933, as heretofore or hereafter amended;
14 (10) To exercise the rights, powers, and duties
15 vested by law in the State Housing Board under the
16 "Illinois Housing Development Act.", approved July 24,
17 1967, as heretofore or hereafter amended;
18 (11) To exercise the rights, powers, and duties
19 which had been vested by law in the Department of
20 Business and Economic Development under Sections 46.7
21 (renumbered; now Section 35-200 of this Law; 20 ILCS
22 605/35-200), 46.8 (repealed), 46.23 (repealed), and 47.1
23 (repealed) of "the Civil Administrative Code of
24 Illinois," approved March 7, 1917, as heretofore or
25 hereafter amended, previous to August 29, 1969.;
26 (12) To exercise the rights, powers, and duties
27 which have been vested by law in the State Housing Board
28 under Section 6b-3 of the "An Act in relation to State
29 Finance Act.," approved June 10, 1919, as heretofore and
30 hereafter amended;
31 (13) The Department shall render assistance and, advice
32 to and take action affecting local governments only upon
33 request of a local government, except as otherwise provided
34 by the powers and duties transferred to the Department by
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1 this Section.
2 (Source: P.A. 82-1057.)
3 (20 ILCS 605/35-200 new)
4 (was 20 ILCS 605/46.7) (from Ch. 127, par. 46.7)
5 Sec. 35-200. Official State planning agency. 46.7. To act
6 as the official State planning agency, and to accept and use
7 planning grants or other financial assistance from the
8 federal government (1) for statewide comprehensive planning
9 work including research and coordination activity directly
10 related to urban needs; and (2) for State and inter-state
11 comprehensive planning and research and coordination activity
12 related thereto. All such grants shall be subject to the
13 terms and conditions prescribed by the federal government.
14 (Source: P.A. 76-1158.)
15 (20 ILCS 605/35-205 new)
16 (was 20 ILCS 605/46.39) (from Ch. 127, par. 46.39)
17 Sec. 35-205. Planning; coordination with local and
18 regional entities; Urban Planning Assistance Fund. 46.39. The
19 Department shall provide for liaison between the State and
20 regional and local planning agencies and departments; perform
21 such state-wide planning as is provided by law; provide
22 assistance, counsel, and advice to local and regional
23 planning agencies when so requested; and conduct research
24 into local government problems as ordered by the Director. In
25 performing this responsibility the Department shall have the
26 power and duty to do the following:
27 (1) (a) Exercise the rights, powers, and duties provided
28 in paragraph sub-paragraph (11) of Section 35-115. 46.36 of
29 this Act;
30 (2) (b) To Accept and use planning grants or other
31 financial assistance from the federal government, either
32 directly or in receipt from the official State planning
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1 agency, in aid, or for the provision of planning assistance
2 (including surveys, land use studies, urban renewal plans,
3 technical services, and other planning work, but excluding
4 plans for specific public works): (i) (1) to municipalities
5 and counties; (ii) (2) to any group of adjacent communities,
6 incorporated or unincorporated, having common or related
7 urban planning problems resulting from rapid urbanization;
8 (iii) (3) to coordinate planning activities directly related
9 to urban needs; (iv) (4) for official governmental planning
10 agencies where rapid urbanization has resulted or is expected
11 to result from the establishment of rapid and substantial
12 expansion of a federal installation; and (v) (5) to study and
13 offer assistance for rural planning.;
14 (3) (c) To Approve applicants and project plans for
15 loans or grants to local, regional, or area groups,
16 associations, or other agencies that which qualify for
17 assistance under Title 42 U.S.C. United States Code Sections
18 3161, et seq. and any subsequent federal or State legislation
19 whose purpose is to assist economically distressed or
20 depressed areas;, and, for and in behalf of this State, to
21 accept, receive, and receipt for federal monies, for and in
22 behalf of the State, given by the federal government under
23 any federal law to this State for economic redevelopment,
24 assistance, surveys, or programs.;
25 (4) (d) To Cooperate with civic groups and local, State,
26 and federal planning and development agencies.;
27 (5) (e) To Authorize counties, cities, and other local
28 governmental units to enter into agreements, not in conflict
29 with any law of the State of Illinois, with appropriate
30 governmental units of an adjoining state or states for
31 cooperative efforts and mutual assistance in the
32 comprehensive planning for the physical growth and
33 development of metropolitan or other urban areas, provided
34 that such cooperation has been authorized by the adjoining
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1 state or states.;
2 (6) (f) To Provide that in an orderly manner that the
3 following funds collected and received by the Department
4 shall be paid over to the State Treasurer for deposit in a
5 separate fund hereinafter provided for in this Section: (i)
6 (a) funds received or collected from municipalities and
7 counties and from any groups of adjacent communities pursuant
8 to this Section and (ii) (b) funds received or collected from
9 the federal government to defray the cost for planning of
10 those such projects pursuant to the "Federal Housing Act of
11 1954", as amended, or under any other Act of Congress by
12 which federal funds may be made available for those such
13 purposes. Any such funds so collected or received shall be
14 paid or turned over to and shall be held by the State
15 Treasurer as ex officio custodian thereof, separate and apart
16 from all public monies and funds of this State, and shall be
17 known as the "Urban Planning Assistance Fund, which shall" to
18 be administered by the Department. All disbursements from the
19 such Fund shall be made only upon warrants of the State
20 Comptroller drawn upon the State Treasurer as custodian of
21 the fund upon vouchers signed by the Director of Commerce and
22 Community Affairs or by the person or persons designated by
23 the Director him for that such purpose. The Comptroller is
24 authorized to draw the such warrant upon vouchers so signed.
25 The State Treasurer shall accept all warrants so signed and
26 shall be released from liability for all payments made on
27 those warrants thereon.
28 (7) (g) To Provide coordination between state-wide plans
29 and plans of municipalities, counties, and regional planning
30 agencies.;
31 (8) (h) To Collect, organize, and disseminate
32 information on all matters pertaining to local government.;
33 (9) (i) To Make studies concerning local government
34 boundary problems; provide advice and assistance to local
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1 governments on boundary questions; and perform such other
2 services related to local government boundary questions that
3 as the Director orders. shall order;
4 (10) (j) To Cooperate with the Governor, other State
5 departments and agencies, and local planning agencies in the
6 preparation of state-wide plans relating to housing,
7 redevelopment, urban renewal, rural development, and such
8 other matters that as the Director orders. shall order;
9 (11) (k) To Do any and all things necessary to make the
10 Civil Administrative Code of Illinois this Act effective.
11 (Source: P.A. 83-333.)
12 (20 ILCS 605/35-210 new)
13 (was 20 ILCS 605/46.9) (from Ch. 127, par. 46.9)
14 Sec. 35-210. Cooperation with civic groups and planning
15 and development agencies. 46.9. To cooperate with civic
16 groups and local, State, and federal planning and development
17 agencies.
18 (Source: Laws 1965, p. 1958.)
19 (20 ILCS 605/35-300 new)
20 (was 20 ILCS 605/46.2) (from Ch. 127, par. 46.2)
21 Sec. 35-300. Economic development plans. 46.2 To
22 formulate plans for the economic development of the State of
23 Illinois.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-305 new)
26 (was 20 ILCS 605/46.44) (from Ch. 127, par. 46.44)
27 Sec. 35-305. Economic development strategy. 46.44. By no
28 later than February 1, 1984, the Department shall prepare an
29 economic development strategy for Illinois for the year
30 beginning on July 1, 1984 and ending on June 30, 1985, and
31 for the 4 four years next ensuing. By no later than February
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1 1, 1985 and annually thereafter, the Department shall make
2 modifications to the in such economic development strategy
3 for the 4 four years beginning on the next ensuing July 1 as
4 those such modifications are warranted by changes in economic
5 conditions, or by other factors, including changes in policy,
6 and shall prepare an economic development strategy for the
7 fifth year beginning after the next ensuing July 1.
8 In preparing the such strategy and in making
9 modifications to the such strategy, the Department shall take
10 cognizance of the special economic attributes of the various
11 component areas of the State. (1) The "component areas"
12 shall be determined by the Department after a county by
13 county economic analysis and shall group counties that which
14 are close in geographical proximity and share common economic
15 traits.
16 (2) The strategy shall recommend specific legislative
17 and administrative action at both the State and area levels
18 level for promoting sustained economic growth at or above
19 national rates of economic growth, while keeping the rate of
20 unemployment below national levels of unemployment.
21 (3) The strategy shall include all of the following:
22 (1) (a) An assessment of historical patterns of
23 economic activity for the State as a whole and by area.;
24 (2) (b) Projections of future economic trends for
25 the State as a whole and by areas.; and
26 (3) (c) Projections of the State's future
27 educational needs.
28 (4) National economic trends and projections shall be
29 considered in the formulation of the such State and area
30 projections. All assumptions made in the formulation of the
31 such State and area projections shall be clearly and
32 explicitly set forth.
33 (5) The strategy shall identify, for each area those
34 economic characteristics that most likely will influence
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1 whether the area will exceed or fall below the rate of
2 overall State economic growth.
3 (6) The strategy shall recommend legislative action to
4 be taken to foster and promote economic growth in specific
5 areas, taking into account the resources and economic factors
6 indigenous to those such areas.
7 In preparing the strategy or modifications to the
8 strategy thereto, the Department shall consult with State
9 agencies, boards, and commissions whose programs and
10 activities significantly affect economic activity in the
11 State. The heads of those such agencies, boards, and
12 commissions shall provide the such assistance to the
13 Department that as the Governor deems appropriate.
14 (7) The strategy shall be presented to the Governor, the
15 President of the Senate, the Speaker of the House of
16 Representatives, the minority leader of each house of the
17 General Assembly, the chairman of the Commission on
18 Intergovernmental Cooperation, the chairman of the Economic
19 and Fiscal Commission, and the chairman of the Economic
20 Development Commission on February 1, 1984 and annually
21 thereafter.
22 (Source: P.A. 85-439.)
23 (20 ILCS 605/35-310 new)
24 (was 20 ILCS 605/46.3) (from Ch. 127, par. 46.3)
25 Sec. 35-310. Collecting and assembling information. 46.3.
26 To collect and assemble, or cause to have collected and
27 assembled, information regarding the following: industrial
28 opportunities and possibilities of the State, including raw
29 materials, and products that may be produced therefrom; power
30 and water resources;, transportation facilities; available
31 markets; availability of labor; banking and financial
32 facilities; availability of industrial sites; the advantages
33 of the State as a whole, and particular sections of the State
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1 thereof as industrial, recreational, and tourist locations;
2 and provide information on the technologies available for
3 businesses to burn Illinois coal and the feasibility of such
4 systems; and such other matters as the Department may deem
5 desirable. To collect and assemble, or cause to have
6 collected and assembled, and provide information on the
7 technologies available for businesses to burn Illinois coal
8 and the feasibility of those systems.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 605/35-315 new)
11 (was 20 ILCS 605/46.17) (from Ch. 127, par. 46.17)
12 Sec. 35-315. Information regarding economic growth.
13 46.17. To collect, assemble, and analyze statistics, data,
14 and information regarding the growth and the strengthening of
15 the economy of this State and all of its elements.
16 (Source: Laws 1965, p. 1958.)
17 (20 ILCS 605/35-320 new)
18 (was 20 ILCS 605/46.5) (from Ch. 127, par. 46.5)
19 Sec. 35-320. Encouragement of existing industries. 46.5
20 To encourage the growth and expansion of industries now
21 existing within the State by providing comprehensive business
22 services and promoting interdepartmental cooperation for
23 assistance to industries.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-325 new)
26 (was 20 ILCS 605/46.19i) (from Ch. 127, par. 46.19i)
27 Sec. 35-325. 46.19i. Services network funding program.
28 The Department is authorized to promulgate rules and make
29 grants, subject to appropriation by the General Assembly for
30 this purpose, to colleges, universities, trade associations,
31 non-profit organizations, or consortia of for-profit
-140- LRB9000008DJcc
1 businesses for research, development, promotion,
2 implementation, or improvement related to or in support of
3 manufacturer or producer services networks or group delivered
4 services and activities. Grants to eligible applicants shall
5 not exceed $100,000. The award shall not exceed 75% of the
6 entire amount of the actual expenditures for the cooperative
7 networks or group delivered services or activity unless that
8 limit is waived by the Director.
9 (Source: P.A. 87-1177.)
10 (20 ILCS 605/35-330 new)
11 (was 20 ILCS 605/46.4) (from Ch. 127, par. 46.4)
12 Sec. 35-330. Encouragement of new industries; use of
13 Illinois coal. 46.4. To encourage new industrial enterprises
14 to locate in Illinois, by educational promotions pointing out
15 the opportunities of the State as a commercial and industrial
16 field of opportunity, and by solicitation of industrial
17 enterprises, and to encourage new enterprises to use
18 equipment that utilizes Illinois coal.
19 (Source: P.A. 84-741.)
20 (20 ILCS 605/35-335 new)
21 (was 20 ILCS 605/46.4a) (from Ch. 127, par. 46.4a)
22 Sec. 35-335. Incentives to foreign firms. 46.4a.
23 (a) For purposes of this Section:,
24 "Foreign firm" means shall mean any industrial or
25 manufacturing enterprise that is domiciled in a nation other
26 than the United States.
27 "Incentives" means shall mean a loan or grant or
28 offering, abatement, reduction, or deferral of any tax or
29 regulation imposed by the State of Illinois or a unit of
30 local government when the aggregate total of all those such
31 incentives will exceed $10,000.
32 (b) Whenever the Department offers incentives to a
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1 foreign firm designed to result in the location or relocation
2 of a facility in this State that which will result in the
3 creation of more than 25 new jobs, the Department shall
4 prepare an economic impact study prior to the consummation of
5 an agreement with the foreign firm. An economic impact study
6 pursuant to this Section shall, if practical, include but
7 not be limited to the following:
8 (1) An analysis of the number of direct jobs to be
9 created, the number of indirect jobs to be created, and
10 the net gain in employment in relation to jobs to be
11 potentially lost by other similar and competing firms
12 within the industry located within this State.;
13 (2) The effect on local and regional competition
14 within the industry from the industry or business to be
15 located or relocated.;
16 (3) The degree of economic benefits of awarding the
17 same incentives to similar and existing industries or
18 businesses located within the State.;
19 (4) An examination of how the location or
20 relocation of the foreign firm complements existing
21 industries or businesses located within this State.; and
22 (5) The relationship of the fiscal costs to the
23 State or unit of local government resulting from the
24 incentives relative to the fiscal return to the State or
25 units of local government derived from the location or
26 relocation of the firm.
27 (c) A report of any economic impact studies prepared by
28 the Department in the previous 3 months pursuant to this
29 Section shall be transmitted to the Governor, members of the
30 General Assembly, and the Illinois Economic and Fiscal
31 Commission quarterly. In addition to the report, the
32 Department shall include a statement of incentives subject to
33 the agreement with the foreign firm, the name and type of
34 foreign firm involved and a description of its business or
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1 industrial activity, the proposed location of the foreign
2 firm, and a statement describing the rationale for the
3 location relative to other locations within the State. The
4 Illinois Economic and Fiscal Commission shall evaluate each
5 report received from the Department and present the
6 evaluation and report to the Commission members and
7 legislative leaders within 30 thirty days upon receipt of
8 each report from the Department.
9 (Source: P.A. 86-820.)
10 (20 ILCS 605/35-340 new)
11 (was 20 ILCS 605/46.54) (from Ch. 127, par. 46.54)
12 Sec. 35-340. Expenses of moving machinery or equipment.
13 46.54. The Department shall annually include in the existing
14 Community Development Assistance set-aside program, monies
15 for moving expenses as an allowable activity. The Such grants
16 for moving expenses shall be for costs associated with the
17 relocation of manufacturing machinery or equipment from
18 another state or territory into Illinois or from one location
19 in Illinois to another location in Illinois. No grant shall
20 be made until the machinery or equipment has been relocated
21 and installed. Grants shall be limited to the those
22 machinery or equipment actually transported and installed.
23 No single grant shall exceed $100,000.
24 (Source: P.A. 84-1308.)
25 (20 ILCS 605/35-345 new)
26 (was 20 ILCS 605/46.67)
27 Sec. 35-345. 46.67. Pollution control industry
28 incentives. The Department of Commerce and Community Affairs
29 shall examine policies and incentives that will attract
30 industries involved in the design, development, and
31 construction of pollution control devices and shall implement
32 those policies and incentives that the Department determines
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1 will attract those businesses.
2 (Source: P.A. 88-339; 88-670, eff. 12-2-94.)
3 (20 ILCS 605/35-350 new)
4 (was 20 ILCS 605/46.12) (from Ch. 127, par. 46.12)
5 Sec. 35-350. Science and research facilities. 46.12. To
6 encourage the locating in Illinois of scientific and research
7 development laboratories, industrial parks, and facilities
8 and to cooperate with colleges, universities, non-profit
9 professional societies, and governmental agencies to
10 encourage the development and maximum utilization of science
11 and research facilities.
12 (Source: Laws 1965, p. 1958.)
13 (20 ILCS 605/35-355 new)
14 (was 20 ILCS 605/46.19a, subsec. (2)) (from Ch. 127, par.
15 46.19a)
16 Sec. 35-355. Grants for research and development in high
17 technology and service sectors.
18 (a) (2) The Department is authorized to establish a
19 program of grants to universities, community colleges,
20 research institutions, research consortiums, other
21 not-for-profit entities, and Illinois businesses for the
22 purpose of fostering research and development in the high
23 technology and the service sector leading to the development
24 of new products and services that can be marketed by Illinois
25 businesses. All grant awards shall include a contract that
26 which may provide for payment of negotiated royalties to the
27 Department if the product or service to be developed by the
28 grantee is subsequently licensed for production.
29 (b) (a) Grants may be awarded to universities and
30 research institutions to assist them in making their
31 faculties and facilities available to Illinois businesses.
32 The Such grants may be used by a university or research
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1 institution for purposes, including but not limited to the
2 following purposes: (i) to establish or enhance computerized
3 cataloging of all research labs and university staff and make
4 those such catalogues available to Illinois businesses; (ii)
5 to market products developed by the university to Illinois
6 businesses; (iii) to review publications in order to
7 identify, catalog, and inform Illinois businesses of new
8 practices in areas such as robotics and, biotechnology; (iv)
9 to build an on-line, information and technology system that
10 relies on other computerized networks in the United States;
11 (v) to assist in securing temporary replacement for faculty
12 who are granted a leave of absence from their teaching duties
13 for the purpose of working full-time for an Illinois business
14 to assist that business with technology transfer.
15 (c) (b) Grants may be awarded to universities and
16 research institutions, research consortiums, and other
17 not-for-profit entities for the purpose of identifying and
18 supporting Illinois businesses engaged in high technology and
19 service sector enterprises. The Such Illinois businesses
20 identified and funded shall include recipients of Small
21 Business Innovation Research Program funds under subsections
22 (e) through (k) of Section 9 of the Small Business Act. (15
23 U.S.C. 638, subsections (e) through (k) Title 15 United
24 States Codes, subsections 638(e)-638(k)). Entities receiving
25 grants under this subsection (c) paragraph (b) shall be known
26 as commercialization centers and shall engage in one or more
27 of the following activities:
28 (1) (i) Directing research assistance for new
29 venture creations.;
30 (2) (ii) General feasibility studies of new venture
31 ideas.;
32 (3) (iii) Furthering the technical and intellectual
33 skills of the managers and owners of Illinois small
34 businesses.;
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1 (4) (iv) Commercialization of technology and
2 research.;
3 (5) (v) Development of prototypes and testing new
4 products.;
5 (6) Identifying (vi) identify and assisting assist
6 in securing financing.;
7 (7) (vii) Marketing assistance.; and
8 (8) (viii) Assisting Illinois inventors in finding
9 Illinois manufacturers to produce and market their
10 inventions.
11 A commercialization center may charge a nominal fee or
12 accept royalty agreements for conducting feasibility studies
13 and other services.
14 (d) (c) Grants may be awarded by the Department to
15 Illinois businesses to fund research and consultation
16 arrangements between businesses and universities, community
17 colleges, research institutions, research consortiums, and
18 other not-for-profit entities within this State.
19 The Department shall give priority to Illinois small
20 businesses in awarding grants. Each grant awarded under this
21 subsection (d) paragraph (c) shall provide funding for up to
22 50% of the cost of the research or consultation arrangements,
23 not to exceed $100,000; provided that the grant recipient
24 utilizes Illinois not for profit research and academic
25 institutions to perform the research and development function
26 for which grant funds were requested.
27 (e) (d) Grants may be awarded to research consortiums
28 consortium and other qualified applicants, in conjunction
29 with private sector or federal funding, for other creative
30 systems that bridge university resources and business,
31 technological, production, and development concerns.
32 (f) (e) For the purposes of this Section: subsection
33 (2), (i) "Illinois business" means a "small business concern"
34 as defined in Title 15 United States Code, Section 632, which
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1 primarily conducts its business in Illinois;
2 (ii) "High technology" means any area of research or
3 development designed to foster greater knowledge or
4 understanding in fields such as computer science,
5 electronics, physics, chemistry or biology for the purpose of
6 producing designing, developing or improving prototypes and
7 new processes.;
8 "Illinois business" means a "small business concern" as
9 defined in 15 U.S.C. 632 that conducts its business primarily
10 in Illinois.
11 "Illinois research institutions" refers to not-for-profit
12 entities, which include federally-funded research
13 laboratories, that conduct research and development
14 activities for the purpose of producing, designing,
15 developing, or improving prototypes and new processes.
16 "Other not-for-profit entities" means nonprofit
17 organizations based in Illinois that are primarily devoted to
18 new enterprise or product development.
19 (iii) "Private sector" has shall have the meaning
20 ascribed to it in Title 29 U.S.C. United States Code, Section
21 1503.;
22 (iv) "University" means either a degree granting
23 institution located in Illinois as defined in Section 2 of
24 the Academic Degree Act, or a State-supported institution of
25 higher learning administered by the Board of Trustees of the
26 University of Illinois, the Board of Trustees of Southern
27 Illinois University, the Board of Trustees of Chicago State
28 University, the Board of Trustees of Eastern Illinois
29 University, the Board of Trustees of Governors State
30 University, the Board of Trustees of Illinois State
31 University, the Board of Trustees of Northeastern Illinois
32 University, the Board of Trustees of Northern Illinois
33 University, the Board of Trustees of Western Illinois
34 University, or the Illinois Community College Board.;
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1 (v) "Venture" means any Illinois business engaged in
2 research and development to create new products or services
3 with high growth potential.; (vi) Illinois research
4 institutions refers to not-for-profit entities, which include
5 federally-funded research laboratories, that conduct research
6 and development activities for the purpose of producing,
7 designing, developing, or improving prototypes and new
8 processes; and (vii) other not-for-profit entities means
9 non-profit organizations based in Illinois that are primarily
10 devoted to new enterprise or product development.
11 (g) (f) The Department may establish a program of grant
12 assistance on a matching basis to universities, community
13 colleges, small business development centers, community
14 action agencies, and other not-for-profit economic
15 development agencies to encourage new enterprise development
16 and new business formation and to encourage enterprises in
17 this State. The Department may provide grants, which shall
18 be exempt from the provisions of subsection (3) of this
19 Section 35-360, to universities, community colleges, small
20 business development centers, community action agencies, and
21 other not-for-profit economic development entities for the
22 purpose of making loans to small businesses. All grant
23 applications shall contain information as required by the
24 Department, including the following: a program operation
25 plan; a certification and assurance that the small business
26 applicants have received business development training or
27 education, have a business and finance plan, and have
28 experience in the proposed business area; and a description
29 of the support services that which the grant recipient will
30 provide to the small business. No more than 10% of the grant
31 may be used by the grant recipient for administrative costs
32 associated with the grant. Grant recipients may use grant
33 funds under this program to make loans on terms and
34 conditions favorable to the small business and shall give
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1 priority to those businesses located in high poverty areas,
2 enterprise zones, or both.
3 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
4 eff. 1-1-96; 89-507, eff. 7-1-97.)
5 (20 ILCS 605/35-360 new)
6 (was 20 ILCS 605/46.19a, subsec. (3)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-360. Technology Innovation and Commercialization
9 Grants-in-Aid Council. (3) There is created within the
10 Department, a Technology Innovation and Commercialization
11 Grants-in-Aid Council which shall consist of 2
12 representatives of the Department of Commerce and Community
13 Affairs, appointed by the Department; one representative of
14 the Illinois Board of Higher Education, appointed by the
15 Board; one representative of science or engineering,
16 appointed by the Governor; two representatives of business,
17 appointed by the Governor; one representative of small
18 business, appointed by the Governor; one representative of
19 the Department of Agriculture, appointed by the Director of
20 Agriculture; and one representative of agribusiness,
21 appointed by the Director of Agriculture. The Director of
22 Commerce and Community Affairs shall appoint one of the
23 Department's representatives to serve as chairman of the
24 Council. The Council members shall receive no compensation
25 for their services but shall be reimbursed for their expenses
26 actually incurred by them in the performance of their duties
27 under this Section subsection. The Department shall provide
28 staff services to the Council. The Council shall provide for
29 review and evaluation of all applications received by the
30 Department under subsection (2) of this Section 35-355 and
31 make recommendations on those projects to be funded. The
32 Council shall also assist the Department in monitoring the
33 projects and in evaluating the impact of the program on
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1 technological innovation and business development within the
2 State.
3 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
4 eff. 1-1-96; 89-507, eff. 7-1-97.)
5 (20 ILCS 605/35-365 new)
6 (was 20 ILCS 605/46.19a, subsec. (4)) (from Ch. 127, par.
7 46.19a)
8 Sec. 35-365. Technology Innovation and Commercialization
9 Fund. (4) There is hereby created a special fund in the
10 State treasury to be known as the Technology Innovation and
11 Commercialization Fund. The moneys in the such Fund may be
12 used, subject to appropriation, only for making grants
13 pursuant to subsection (2) of this Section 35-355 and for the
14 purposes of the Technology Advancement and Development Act.
15 All royalties received by the Department shall be deposited
16 in the such Fund.
17 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
18 eff. 1-1-96; 89-507, eff. 7-1-97.)
19 (20 ILCS 605/35-370 new)
20 (was 20 ILCS 605/46.28) (from Ch. 127, par. 46.28)
21 Sec. 35-370. Application of science and technology.
22 46.28. To accept and use planning grants or other financial
23 assistance from the federal government and from other sources
24 set forth in Section 35-40 47.2 for support of planning
25 studies and activities, performance of administrative
26 functions, and technical services carried out under the State
27 Technical Services Act of 1965, Public Law 89-182, as now and
28 hereafter amended, and any subsequent legislation whose
29 purpose is to achieve a wider diffusion and more effective
30 application of science and technology in business, commerce,
31 and industry. To cooperate with colleges, universities,
32 non-profit organizations and associations, and governmental
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1 agencies and to sponsor programs and activities designed to
2 encourage wider diffusion and more effective application of
3 science and technology in business, commerce, and industry.
4 (Source: Laws 1968, p. 447.)
5 (20 ILCS 605/35-375 new)
6 (was 20 ILCS 605/46.58) (from Ch. 127, par. 46.58)
7 Sec. 35-375. Undeveloped patents. 46.58. To assist in the
8 transfer of undeveloped patents held by institutions of
9 higher education in this State to Illinois technology and
10 business incubators for commercial development and
11 application.
12 (Source: P.A. 85-1209.)
13 (20 ILCS 605/35-380 new)
14 (was 20 ILCS 605/46.60) (from Ch. 127, par. 46.60)
15 Sec. 35-380. Identifying, developing, and commercializing
16 technology. 46.60. To cooperate with the Illinois Coalition
17 for the purpose of administering programs the purpose of
18 which is to identify, develop, or commercialize technology or
19 to promote private sector efforts to identify, develop, or
20 commercialize technology.
21 (Source: P.A. 86-618.)
22 (20 ILCS 605/35-385 new)
23 (was 20 ILCS 605/46.62) (from Ch. 127, par. 46.62)
24 Sec. 35-385. Technology Challenge Grant Program; Advanced
25 Technology Investment Program. 46.62. To establish and
26 administer a Technology Challenge Grant Program and an
27 Advanced Technology Investment Program as provided by the
28 Technology Advancement and Development Act and to expend
29 appropriations in accordance therewith.
30 (Source: P.A. 86-870; 86-1028.)
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1 (20 ILCS 605/35-400 new)
2 (was 20 ILCS 605/46.19c) (from Ch. 127, par. 46.19c)
3 Sec. 35-400. Office of Urban Assistance. 46.19c. The
4 Department shall provide for, staff, and administer an Office
5 of Urban Assistance, which shall plan and coordinate existing
6 State programs designed to aid and stimulate the economic
7 growth of depressed urban areas. Among other duties assigned
8 by the Department, the Office shall have the following
9 duties:
10 (1) (a) To coordinate the activities of the
11 following units and programs of the Department of
12 Commerce and Community Affairs and all other present and
13 future units and programs of the Department that which
14 impact depressed urban areas to the extent that they
15 impact upon or concern urban economics:
16 (A) (1) Enterprise Zone Program.;
17 (B) (2) Small Business Development Center Program.;
18 (C) Programs that (3) Program which assist in the
19 development of community infrastructure.;
20 (D) (4) Illinois House Energy Assistance Program.;
21 (E) (5) Illinois Home Weatherization Assistance
22 Program.;
23 (F) (6) Programs financed with Community Services
24 Block Grant funds.;
25 (G) (7) Industrial Training Program.;
26 (H) (8) Technology Transfer and Innovation
27 Program.;
28 (I) (9) Rental Rehabilitation Program.;
29 (J) (10) Displaced Homemaker Program.; and
30 (K) (11) Programs under the federal Job Training
31 Partnership Act.
32 The Office shall convene quarterly meetings of
33 representatives who are designated by the Department to
34 represent the units and programs listed in items (A)
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1 paragraphs (1) through (K) (11).
2 (2) (b) To gather information concerning any State or
3 federal program that which is designed to revitalize or
4 assist depressed urban areas in the State and to provide this
5 information to public and private entities upon request.
6 (3) (c) To promote and assist in developing urban inner
7 city industrial parks.
8 (4) (d) To promote economic parity and the autonomy of
9 citizens of this State through promoting and assisting the
10 development of urban inner city small business development
11 centers, urban youth unemployment projects, small business
12 incubators, family resource centers, urban developments
13 banks,; self managed urban businesses, and plans for urban
14 infrastructure projects over the next 25 years.
15 (5) (e) To recommend to the General Assembly and the
16 Governor economic policies for urban areas and planning
17 models that will result in the reconstruction of the economy
18 of urban areas, especially those urban areas where
19 economically and socially disadvantaged people live, to the
20 General Assembly and the Governor.
21 (6) (f) To make recommendations to the General Assembly
22 and the Governor on the establishment of urban economic
23 policy in the areas of (i) (1) housing, (ii) (2) scientific
24 research, (iii) (3) urban youth unemployment, (iv) (4)
25 business incubators and family resource centers in urban
26 inner cities, and (v) (5) alternative energy resource
27 development, and the need thereof, in urban areas as part of
28 the department's 5-year five year plan for economic
29 development.
30 (7) (g) To make any rules and regulations necessary to
31 carry out its responsibilities under the Civil Administrative
32 Code of Illinois this Act.
33 (8) (h) To encourage new industrial enterprises to
34 locate in urban areas (i) through educational promotions that
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1 which point out the opportunities of any such area as a
2 commercial and industrial field of opportunity, and (ii) by
3 the solicitation of industrial enterprises; and to do such
4 other acts that as shall, in the judgment of the Office, are
5 be necessary and proper in fostering and promoting the
6 industrial development and economic welfare of any urban
7 area., however The Office, however, shall have no power to
8 require reports from or to regulate any business.
9 (9) (i) To accept grants, loans, or appropriations from
10 the federal government or the State, or any agency or
11 instrumentality thereof, to be used for the operating
12 expenses of the Office, or for any purposes of the Office,
13 including the making of direct loans or grants of those such
14 funds for public, private, experimental, or cooperative
15 housing, scientific research, urban inner city industrial
16 parks, urban youth employment projects, business incubators,
17 urban infrastructure development, alternative energy resource
18 development, community facilities needed in urban areas, and
19 any other purpose related to the revitalization of urban
20 areas.
21 (Source: P.A. 84-1090.)
22 (20 ILCS 605/35-405 new)
23 (was 20 ILCS 605/46.5a) (from Ch. 127, par. 46.5a)
24 Sec. 35-405. Jobs and investment in economic development
25 project area. 46.5a. To encourage the creation or retention
26 of not less than 2,000 full-time equivalent jobs and that
27 private investment in the amount of not less than
28 $100,000,000 shall occur in an economic development project
29 area as defined in the Economic Development Area Tax
30 Increment Allocation Act: by securing by acquisition, gift,
31 grant, exchange, or purchase the rights of way, easements,
32 and such fee simple titles that as may be necessary to any
33 and all real property required for site acquisition for use
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1 in retaining such industry or business concern; by improving
2 or arranging to improve real property so acquired, including
3 but not limited to local public infrastructure improvements;
4 private structural improvements on the land; and by leasing
5 or conveying the such land, or interest in land, so acquired
6 and so improved.
7 For the purpose of this Section, "local public
8 infrastructure improvements" means local roads and streets,
9 access roads, bridges, and sidewalks; waste disposal systems,
10 water and sewer line extensions, water distribution and
11 purification facilities, and sewage treatment facilities;
12 rail or air or water port improvements; gas and electric
13 utility facilities; transit capital facilities; development
14 and improvement of publicly owned industrial and commercial
15 sites; or other public capital improvements that which are an
16 essential precondition to a business retention of that
17 industry or business concern as defined in this Section.
18 (Source: P.A. 86-38.)
19 (20 ILCS 605/35-410 new)
20 (was 20 ILCS 605/46.19d) (from Ch. 127, par. 46.19d)
21 Sec. 35-410. Rural community development. 46.19d. The
22 Department shall provide for staff for and administer a
23 program in which the Department shall plan and coordinate
24 State efforts designed to aid and stimulate the development
25 of rural communities as well as other communities with
26 special needs in order to improve their competitiveness for
27 business retention, expansion, and attraction. Among other
28 duties, the Department, through the program, may do all of
29 the following:
30 (1) (a) Provide information, technical support, and
31 assistance to local officials, including, but not limited to,
32 assistance in grant applications, developing economic
33 development strategies, and complying with State and federal
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1 laws and rules and regulations affecting local governments.
2 All State agencies shall cooperate with the program to
3 provide the necessary information, materials, and assistance
4 to enable the Department to carry out its function in the
5 program in an effective manner. Each agency shall designate
6 an individual to serve as liaison to the program to provide
7 information and materials and to respond to requests for
8 assistance from communities selecting to work through this
9 program.
10 (2) (b) Work with agencies in developing flexible
11 regulations through a regulatory review program.
12 (3) (c) Evaluate and review the impact of existing
13 economic development programs on the rural and special need
14 communities selecting to work through this program.
15 (4) (d) Assist the communities in conducting
16 self-assessments to identify specific industries and
17 businesses in need of targeted assistance as well as actions
18 that the community might take to become more competitive for
19 business retention, expansion, and attraction.
20 (5) (e) Assist in formulating specific and measurable
21 economic development objectives for rural and special need
22 communities selecting to work through the program.
23 (6) (f) Administer the Rural Diversification Act.
24 (7) (g) Provide grants for the purposes described in
25 this Section with funds as appropriated by the General
26 Assembly.
27 (Source: P.A. 89-262, eff. 8-10-95.)
28 (20 ILCS 605/35-450 new)
29 (was 20 ILCS 605/46.19g) (from Ch. 127, par. 46.19g)
30 Sec. 35-450. 46.19g. Community economic emergencies.
31 (a) Upon the recommendation of the Director of Commerce
32 and Community Affairs, the Governor may find that an economic
33 emergency exists in a designated Illinois community. The
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1 finding shall be based on one or more of the following
2 conditions:
3 (1) There has been a relocation or closing of
4 operations of a major private employer in the community.;
5 (2) There has been a closing or relocation of a
6 major public employer in the community.;
7 (3) A natural disaster has resulted in substantial
8 damage to the local economy.;
9 (4) The community or a portion of it has been
10 declared a disaster area by the federal government.; or
11 (5) A decision by the federal or State government,
12 or by a foreign government, has done substantial damage
13 to the local economy.
14 (b) Upon a finding by the Governor that an economic
15 emergency exists in a designated Illinois community, the
16 Governor shall convene an Economic Emergency Council. The
17 Council shall consist of 11 members as follows: the Director
18 of Commerce and Community Affairs, ex officio, the Director
19 of the Illinois Development Finance Authority, ex officio,
20 the Director of the Illinois Housing Development Authority,
21 ex officio, and 8 members representing the designated
22 community appointed by the Governor with the advice and
23 consent of the Senate. Of the 8 members appointed by the
24 Governor, 4 shall be representatives of business and finance,
25 2 shall be representatives of labor, and 2 shall be
26 representatives of education. Each member of the General
27 Assembly whose legislative district or representative
28 district lies in whole or in part within the designated
29 community shall also be a member of the Council, ex officio.
30 Members of a Council shall serve without compensation, but
31 may be reimbursed for their reasonable and necessary expenses
32 incurred in the performance of their duties.
33 (c) An Economic Emergency Council shall develop a plan
34 to address the designated community's economic needs and
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1 shall recommend that plan to the Governor and to the General
2 Assembly for further resolution and appropriation. The plan
3 may include extending enterprise zone tax incentives, making
4 economic development business loans and grants, making
5 infrastructure rehabilitation loans and grants, extending job
6 training and retraining assistance, extending tax increment
7 financing, and other appropriate economic programs or
8 incentives.
9 (d) The Illinois Economic Emergency Assistance Fund is
10 created as a special fund in the State treasury for the
11 purpose of channeling moneys to designated communities upon
12 further resolution and appropriation by the General
13 Assembly. In addition to amounts that may be appropriated to
14 the fund, gifts or grants from any legal source may be
15 deposited into the fund. Any fees or other charges collected
16 by the Department in connection with programs under this
17 Section shall also be deposited into the fund.
18 (Source: P.A. 86-455.)
19 (20 ILCS 605/35-490 new)
20 (was 20 ILCS 605/46.10) (from Ch. 127, par. 46.10)
21 Sec. 35-490. Recommending legislation. 46.10. To
22 recommend legislation relating to the economic development of
23 the State.
24 (Source: Laws 1965, p. 1958.)
25 (20 ILCS 605/35-495 new)
26 (was 20 ILCS 605/46.19) (from Ch. 127, par. 46.19)
27 Sec. 35-495. Other acts to foster and promote industrial
28 development and economic welfare. 46.19. To do such other
29 acts that as shall, in the judgment of the Department, are be
30 necessary and proper in fostering and promoting the
31 industrial development and economic welfare of the State. The
32 Department, however, shall have no power to require reports
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1 from or to regulate any business.
2 (Source: Laws 1965, p. 1958.)
3 (20 ILCS 605/35-500 new)
4 (was 20 ILCS 605/46.13) (from Ch. 127, par. 46.13)
5 Sec. 35-500. Business Assistance Office. 46.13. To create
6 a Business Assistance Office to do the following:
7 (1) (a) Provide information to new and existing
8 businesses for all State government forms and applications
9 and make this information readily available through a
10 business permit center. The Office shall not assume any
11 regulatory function. All State agencies shall cooperate with
12 the business permit center to provide the necessary
13 information, materials, and assistance to enable the center
14 to carry out its function in an effective manner. Each
15 agency shall designate an individual to serve as liaison to
16 the center to provide information and materials and to
17 respond to requests for assistance from businesses.
18 (2) (b) Provide technical and managerial assistance to
19 entrepreneurs and small businesses by (i) (1) contracting
20 with local development organizations, chambers of commerce,
21 and industry or trade associations with technical and
22 managerial expertise located in the State, whenever possible,
23 and (ii) (2) establishing a network of small business
24 development centers throughout the State.
25 (3) (c) Assess the fiscal impact of proposed rules upon
26 small business and work with agencies in developing flexible
27 regulations through a regulatory review program.
28 (4) (d) Provide detailed and comprehensive assistance to
29 businesses interested in obtaining federal or State
30 government contracts through a network of local procurement
31 centers. The Department shall make a special and continuing
32 effort to assist minority and female owned businesses,
33 including but not limited to the designation of special
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1 minority and female business advocates, and shall make
2 additional efforts to assist those located in labor surplus
3 areas. The Department shall, through its network of local
4 procurement centers, make every effort to provide
5 opportunities for small businesses to participate in the
6 procurement process. The Department shall utilize one or
7 more of the following techniques. These techniques are to be
8 in addition to any other procurement requirements imposed by
9 Public Act 83-1341 this amendatory Act of 1984 or by any
10 other Act.
11 (A) (1) Advance notice by the Department or other
12 appropriate State entity of possible procurement
13 opportunities should be made available to interested
14 small businesses.
15 (B) (2) Publication of procurement opportunities in
16 publications likely to be obtained by small businesses.
17 (C) (3) Direct notification, whenever the
18 Department deems it feasible, of interested small
19 businesses.
20 (D) (4) Conduct of public hearings and training
21 sessions, when possible, regarding State and federal
22 government procurement policies.
23 (5) The Department of Central Management Services shall
24 cooperate with the Department in providing information on the
25 method and procedure by which a small business becomes
26 involved in the State or federal government procurement
27 process.
28 (5) (e) Study the total number of registrations,
29 licenses, and reports that which must be filed in order to do
30 business in this State, seek input from the directors of all
31 regulatory agencies, and submit a report on how this
32 paperwork might be reduced to the Governor and the General
33 Assembly no later than January 1, 1985.
34 (Source: P.A. 86-808; 87-235.)
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1 (20 ILCS 605/35-505 new)
2 (was 20 ILCS 605/46.15) (from Ch. 127, par. 46.15)
3 Sec. 35-505. Aid in obtaining governmental and private
4 services. 46.15. To aid Illinois businesses in obtaining
5 services available from governmental and private sources.
6 (Source: Laws 1965, p. 1958.)
7 (20 ILCS 605/35-510 new)
8 (was 20 ILCS 605/46.19h) (from Ch. 127, par. 46.19h)
9 Sec. 35-510. Study of laws affecting small business.
10 46.19h. To study the effect of laws affecting small business
11 to determine whether if those laws impede the creation of
12 small businesses or create economic damages for any small
13 business group that may jeopardize the small business group's
14 continuation in the marketplace or its valuable contribution
15 to the economic growth of this State. The study shall be
16 conducted in cooperation with the department or agency
17 administering the law whose effect is the subject of the
18 study. A general study of the laws affecting the creation of
19 small businesses in this State shall be undertaken by the
20 Department and the results shall be reported to the Governor
21 and the General Assembly by January 1, 1996.
22 An economic impact review shall be made at least every 2
23 years, and pertinent information shall be gathered from the
24 business segment affected to determine whether if the laws
25 need amendment to relieve business losses while retaining the
26 substance of the legislation, or whether the original purpose
27 has been accomplished and the laws should be repealed. The
28 review shall be reported to the Governor, the General
29 Assembly, and the administrating State agency, as well as to
30 the business associations most directly representing the
31 business group involved.
32 The Director shall appoint a task force to assist the
33 Department in conducting the studies and reviews required
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1 under this Section. The task force shall consist of persons
2 representing small business and persons representing the
3 affected State departments and agencies. Members of the task
4 force shall serve without compensation but may be reimbursed
5 for necessary expenses in connection with their duties out of
6 money available to the Department for that purpose.
7 (Source: P.A. 89-259, eff. 8-10-95.)
8 (20 ILCS 605/35-515 new)
9 (was 20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
10 Sec. 35-515. 46.13a. Environmental Regulatory Assistance
11 Program.
12 (a) The following terms, whenever used or referred to In
13 this Section, shall have the following meanings ascribed to
14 them, except where the context clearly requires otherwise,:
15 (1) "small business stationary source" means a business that
16 is owned or operated by a person that employs 100 or fewer
17 individuals; is a small business; is not a major stationary
18 source as defined in Titles I and III of the federal 1990
19 Clean Air Act Amendments; does not emit 50 tons or more per
20 year of any regulated pollutant (as defined under the federal
21 Clean Air Act); and emits less than 75 tons per year of all
22 regulated pollutants.
23 (2) "Department" means the Illinois Department of
24 Commerce and Community Affairs.
25 (b) The Department may:
26 (1) Provide access to technical and compliance
27 information for Illinois firms, including small and
28 middle market companies, to facilitate local business
29 compliance with the federal, State, and local
30 environmental regulations.
31 (2) Coordinate and enter into cooperative
32 agreements with a State ombudsman office, which shall be
33 established in accordance with the federal 1990 Clean Air
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1 Act Amendments to provide direct oversight to the program
2 established under that Act.
3 (3) Enter into contracts, cooperative agreements,
4 and financing agreements and establish and collect
5 charges and fees necessary or incidental to the
6 performance of duties and the execution of powers under
7 this Section.
8 (4) Accept and expend, subject to appropriation,
9 gifts, grants, awards, funds, contributions, charges,
10 fees, and other financial or nonfinancial aid from
11 federal, State, and local governmental agencies,
12 businesses, educational agencies, not-for-profit
13 organizations, and other entities, for the purposes of
14 this Section.
15 (5) Establish, staff, and administer programs and
16 services and adopt such rules and regulations as may be
17 necessary to carry out the intent of this Section and
18 Section 507, "Small Business Stationary Source Technical
19 and Environmental Compliance Assistance Program", of the
20 federal 1990 Clean Air Act Amendments.
21 (c) The Department's environmental compliance programs
22 and services for businesses may include, but need not be
23 limited to, the following:
24 (1) Communication and outreach services to or on
25 behalf of individual companies, including collection and
26 compilation of appropriate information on regulatory
27 compliance issues and control technologies, and
28 dissemination of that such information through
29 publications, direct mailings, electronic communications,
30 conferences, workshops, one-on-one counseling, and other
31 means of technical assistance.
32 (2) Provision of referrals and access to technical
33 assistance, pollution prevention and facility audits, and
34 otherwise serving as an information clearinghouse on
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1 pollution prevention through the coordination of the
2 Hazardous Waste Research and Information Center, a
3 division of the Department of Natural Resources. In
4 addition, environmental and regulatory compliance issues
5 and techniques, which may include business rights and
6 responsibilities, applicable permitting and compliance
7 requirements, compliance methods and acceptable control
8 technologies, release detection, and other applicable
9 information may be provided.
10 (3) Coordination with and provision of
11 administrative and logistical support to the State
12 Compliance Advisory Panel.
13 (d) There is hereby created a special fund in the State
14 treasury to be known as the Small Business Environmental
15 Assistance Fund. Monies received under subdivision (b)(4) of
16 this Section shall be deposited into the Fund.
17 Monies in the Small Business Environmental Assistance
18 Fund may be used, subject to appropriation, only for the
19 purposes authorized by this Section.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (20 ILCS 605/35-520 new)
22 (was 20 ILCS 605/46.63) (from Ch. 127, par. 46.63)
23 Sec. 35-520. Grants to businesses in municipal central
24 business districts. 46.63. To award grants to businesses in
25 central business districts of municipalities to encourage and
26 assist the businesses business in maintaining their
27 operations its operation in those areas that area.
28 (Source: P.A. 87-156.)
29 (20 ILCS 605/35-525 new)
30 (was 20 ILCS 605/46.55) (from Ch. 127, par. 46.55)
31 Sec. 35-525. Minority Controlled and Female Controlled
32 Business Loan Board. 46.55. There is hereby created a
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1 Minority Controlled and Female Controlled Businesses Loan
2 Board, hereinafter referred to as the Board, consisting of 6
3 members, appointed by the Governor with the advice and
4 consent of the Senate. No more than 3 members shall be of
5 the same political party. For the initial appointments to
6 the Board, 3 members shall be appointed to serve a 2 year
7 term and 3 members shall be appointed to serve a 4 year term.
8 Successor members shall serve for terms of 4 years.
9 The Board shall maintain an office in each of the
10 following areas: Alexander or Pulaski County, East St. Louis,
11 and the City of Chicago. For the purpose of this Act, the
12 terms "minority person", "female", "minority owned business"
13 and "female owned business" shall have the definitions of
14 those terms provided in Section 2 of the Business Enterprise
15 for Minorities, Females, and Persons with Disabilities Act
16 "An Act to create the Minority and Female Business Enterprise
17 Act", approved September 6, 1984.
18 The Board shall have the authority to make direct grants
19 and low interest loans to minority controlled businesses and
20 female controlled businesses in East St. Louis, the City of
21 Chicago, and either Alexander County or Pulaski County, from
22 appropriations for that purpose to the Department of Commerce
23 and Community Affairs. The Board shall establish and publish
24 guidelines to be followed in making the such grants and
25 loans.
26 Grant funds will be allowed to reimburse businesses for
27 expenses incurred in the preparation of proposals that are
28 accepted for loan assistance and; also, to maintain
29 administering offices in each of the 4 target areas. Loan
30 funds will be awarded at a cost of no more than 3% per annum
31 for up to 20 years to such businesses that are existing or
32 proposed.
33 (Source: P.A. 84-1308.)
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1 (20 ILCS 605/35-600 new)
2 (was 20 ILCS 605/46.19f) (from Ch. 127, par. 46.19f)
3 Sec. 35-600. Buy Illinois Program. 46.19f. The
4 Department of Commerce and Community Affairs shall have the
5 authority to establish and administer a Buy Illinois Program,
6 which may include, but is not limited to, the following
7 powers and duties:
8 (1) To accept grants, loans, or appropriations from the
9 federal government or the State or any agency or
10 instrumentality thereof, and to assess fees for any services
11 performed under the Buy Illinois Program, to carry out the
12 program.
13 (2) To form a Buy Illinois Council, made up of Illinois
14 large firms and small firms, to provide advice and counsel in
15 directing a statewide program.
16 (3) To publicize and advertise to Illinois firms and
17 government agencies the importance and benefits of buying
18 goods and services provided by vendors located within the
19 State.
20 (4) To pecure the cooperation of Illinois' large firms,
21 federal, State and local governments, non-profit agencies,
22 international organizations, and others to carry out this
23 program.
24 (5) To match the needs for products and services by
25 business firms and government agencies with the capabilities
26 of small Illinois firms that can provide those such needed
27 goods and services.
28 (6) To hold purchasing agent seminars, fairs,
29 conferences and workshops to aid small Illinois businesses in
30 obtaining contracts for goods and services from larger firms
31 and government agencies to within the State.
32 (7) To assist business firms and government agencies to
33 analyze their buying activities and to find ways to carry out
34 those such activities in an effective and economical manner,
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1 while promoting subcontract activity with small Illinois
2 firms.
3 (8) To establish manual and electronic buying
4 directories, including stand alone computer data bases that
5 list qualified vendors and procurement opportunities.
6 (9) To promote through other means the use by
7 international agencies, government agencies, and larger
8 businesses of products and services produced by small
9 Illinois firms.
10 (10) To subcontract, grant funds, or otherwise
11 participate with qualified private firms, existing
12 procurement centers, or other organizations that have
13 designed programs approved in accordance with procedures as
14 determined by the Department, that which are aimed at
15 assisting small Illinois firms in obtaining contracts for
16 products and services from local government agencies and
17 larger Illinois businesses.
18 (11) To develop and administer guidelines for projects
19 that provide assistance to the Department in connection with
20 the Buy Illinois Program.
21 (Source: P.A. 85-975; 86-1475.)
22 (20 ILCS 605/35-605 new)
23 (was 20 ILCS 605/46.57) (from Ch. 127, par. 46.57)
24 Sec. 35-605. Illinois Product and Services Exchange Act.
25 46.57. (a) This Section shall be known and may be cited as
26 the "Illinois Product and Services Exchange Act".
27 (b) It is hereby found and declared that many large
28 Illinois firms and government agencies are purchasing
29 products and services from vendors in locations other than
30 Illinois, and that there is a need to assist those such large
31 businesses and government agencies in locating Illinois
32 vendors who can provide those such products and services of
33 equal quality and at comparable or lower costs; it is further
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1 found and declared that the purchase of needed products and
2 services within the State by large firms and government
3 agencies would aid the survival and expansion of small
4 businesses in Illinois and help to strengthen the State's
5 economy.
6 (c) As used in this Section, "Illinois Product and
7 Services Exchange" means a program aimed at promoting the
8 purchase of goods and services produced in Illinois by firms
9 and government agencies within the State.
10 (d) The Department shall have the authority to establish
11 and administer an Illinois Product and Services Exchange
12 Program, which may include, but is not limited to, the
13 following powers and duties:
14 (1) To accept grants, loans, or appropriations from
15 the federal government or the State or any agency or
16 instrumentality thereof, and to assess fees for any
17 services performed under the Illinois Product and
18 Services Exchange Program, to carry out the Program.;
19 (2) To form an Illinois Product and Services
20 Exchange Council, made up of Illinois large firms and
21 small firms to provide advice and counsel in directing a
22 statewide Product and Services Exchange Program.;
23 (3) To publicize and advertise to Illinois firms
24 and government agencies the importance and benefits of
25 buying goods and services provided by vendors located
26 within the State.;
27 (4) To secure the cooperation of Illinois' large
28 firms, federal, State, and local governments, non-profit
29 agencies, and others to carry out this program.;
30 (5) To match the needs for products and services of
31 business firms and government agencies with the
32 capabilities of small Illinois firms that can provide
33 those such needed goods and services.;
34 (6) To hold purchasing agent seminars, fairs,
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1 conferences, and workshops to aid small Illinois
2 businesses in obtaining contracts for goods and services
3 from larger firms and government agencies within the
4 State.;
5 (7) To assist business firms and government
6 agencies to analyze their buying activities and to find
7 ways to carry out those such activities in an effective
8 and economical manner, while promoting subcontract
9 activity with small Illinois firms.;
10 (8) To establish manual and electronic buying
11 directories, including stand alone computer data bases
12 that list qualified vendors and procurement
13 opportunities.;
14 (9) To promote through other means the use by
15 government agencies and large businesses of products and
16 services produced by small Illinois firms.;
17 (10) To subcontract, grant funds, or otherwise
18 participate with qualified private firms, existing
19 procurement centers, or other organizations that have
20 designed programs, approved in accordance with procedures
21 determined by the Department, that which are aimed at
22 assisting small Illinois firms obtain contracts for
23 products and services from local government agencies and
24 large Illinois businesses.; and
25 (11) To develop and administer guidelines for
26 projects that provide assistance to the Department in
27 connection with the Illinois Product and Services
28 Exchange Program.
29 (Source: P.A. 85-138.)
30 (20 ILCS 605/35-610 new)
31 (was 20 ILCS 605/46.14) (from Ch. 127, par. 46.14)
32 Sec. 35-610. Assistance with foreign trade. 46.14. To
33 assist Illinois businesses to engage in, expand, and increase
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1 foreign trade.
2 (Source: Laws 1965, p. 1958.)
3 (20 ILCS 605/35-615 new)
4 (was 20 ILCS 605/46.19e) (from Ch. 127, par. 46.19e)
5 Sec. 35-615. Assistance with exports. 46.19e. The
6 Department shall have the following duties and
7 responsibilities in regard to the Civil Administrative Code
8 of Illinois this Act:
9 (1) To (a) establish or cosponsor mentoring conferences,
10 utilizing experienced manufacturing exporters, to explain and
11 provide information to prospective export manufacturers and
12 businesses concerning the process of exporting to both
13 domestic and international opportunities.;
14 (2) To (b) provide technical assistance to prospective
15 export manufacturers and businesses seeking to establish
16 domestic and international export opportunities.;
17 (3) To (c) coordinate with the Department's Small
18 Business Development Centers to link buyers with prospective
19 export manufacturers and businesses.;
20 (4) To (d) promote, both domestically and abroad,
21 products made in Illinois in order to inform consumers and
22 buyers of their high quality standards and craftsmanship.;
23 (5) To (e) provide technical assistance toward
24 establishment of export trade corporations in the private
25 sector.;
26 (6) To (f) develop an electronic data base to compile
27 information on international trade and investment activities
28 in Illinois companies, provide access to research and
29 business opportunities through external data bases, and
30 connect this data base through international communication
31 systems with appropriate domestic and worldwide networks
32 users.;
33 (7) To (g) collect and distribute to foreign commercial
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1 libraries directories, catalogs, brochures, and other
2 information of value to foreign businesses considering doing
3 business in this State.;
4 (8) To (h) establish an export finance awareness program
5 to provide information to banking organizations about methods
6 used by banks to provide financing for businesses engaged in
7 exporting and about other State and federal programs to
8 promote and expedite export financing.; and
9 (9) To (i) undertake a survey of Illinois' businesses to
10 identify exportable products and the businesses interested in
11 exporting.
12 (Source: P.A. 85-975.)
13 (20 ILCS 605/35-620 new)
14 (was 20 ILCS 605/46.24) (from Ch. 127, par. 46.24)
15 Sec. 35-620. Exports of professional services and
16 agricultural and manufactured products. 46.24. In cooperation
17 with the Department of Agriculture and the International
18 Trade and Port Promotion Advisory Committee, to (i) (a)
19 provide assistance to those manufacturing and service
20 companies that who desire to export agricultural machinery,
21 implements, equipment, other manufactured products, and
22 professional services; (ii) (b) encourage Illinois companies
23 to initiate exporting or increase their export sales of
24 agricultural and manufactured products; (iii) (c) cooperate
25 with agencies and instrumentalities of the federal government
26 in trade development activities in overseas markets; (iv) (d)
27 conduct the necessary research within Illinois and in
28 overseas markets in order to assist exporting companies; (v)
29 (e) promote the State of Illinois as a source of agricultural
30 and manufactured products through information and promotion
31 campaigns overseas; and (vi) (f) conduct an information
32 program for foreign buyers of Illinois agricultural and
33 manufactured products.
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1 (Source: P.A. 77-1335.)
2 (20 ILCS 605/35-625 new)
3 (was 20 ILCS 605/46.25) (from Ch. 127, par. 46.25)
4 Sec. 35-625. Promotion of water ports and airport
5 facilities. 46.25. In cooperation with the Department of
6 Agriculture and the International Trade and Port Promotion
7 Advisory Committee, to (i) (a) establish a freight rate
8 information service for U.S. and foreign shippers; (ii) (b)
9 promote the advantages of Illinois water ports and existing
10 airport facilities through appropriate means and media in
11 this country and overseas; and (iii) (c) cooperate with the
12 export expansion projects and any other activity that results
13 in the additional flow of agricultural and manufactured
14 products through the Illinois water ports and existing
15 airport facilities.
16 (Source: P.A. 77-1335.)
17 (20 ILCS 605/35-630 new)
18 (was 20 ILCS 605/46.26) (from Ch. 127, par. 46.26)
19 Sec. 35-630. Overseas offices. 46.26. In cooperation with
20 the Department of Agriculture and with the counsel of the
21 International Trade and Port Promotion Advisory Committee, to
22 establish overseas offices for (i) (a) the promotion of the
23 export of Illinois agricultural and manufactured products;
24 (ii) (b) representation of Illinois seaports; (iii) (c)
25 economic development; and (iv) (d) tourism promotion and
26 services.
27 (Source: P.A. 78-255.)
28 (20 ILCS 605/35-675 new)
29 (was 20 ILCS 605/46.66)
30 Sec. 35-675. 46.66. Exporter award program. The
31 Department shall establish and operate, in cooperation with
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1 the Department of Agriculture and the Illinois Development
2 Finance Authority, an annual awards program to recognize
3 Illinois-based exporters. In developing criteria for the
4 awards, the Department shall give consideration to the
5 exporting efforts of small and medium sized businesses,
6 first-time exporters, and other appropriate categories.
7 (Source: P.A. 88-100; 88-670, eff. 12-2-94.)
8 (20 ILCS 605/35-700 new)
9 (was 20 ILCS 605/46.6) (from Ch. 127, par. 46.6)
10 Sec. 35-700. Tourism promotion. 46.6. To encourage and
11 promote tourism within the State.
12 (Source: Laws 1965, p. 1958.)
13 (20 ILCS 605/35-705 new)
14 (was 20 ILCS 605/46.6a) (from Ch. 127, par. 46.6a)
15 Sec. 35-705. Grants to local tourism and convention
16 bureaus. 46.6a.
17 (a) (1) To establish a grant program for local tourism
18 and convention bureaus. The Department will develop and
19 implement a program for the use of funds, as authorized under
20 this Act, by local tourism and convention bureaus. For the
21 purposes of this Act, bureaus eligible to receive funds are
22 defined as those bureaus in legal existence as of January 1,
23 1985, that which are either a unit of local government or
24 incorporated as a not-for-profit organization, are affiliated
25 with at least one or more municipality or county, and employ
26 one full time staff person whose purpose is to promote
27 tourism. Each bureau receiving funds under this Act will be
28 certified by the Department as the designated recipient to
29 serve an area of the State. These funds may not be used in
30 support of the Chicago Worlds Fair.
31 (b) (2) To distribute grants to local tourism and
32 convention bureaus from appropriations made from the Local
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1 Tourism Fund for that purpose. Of the amounts appropriated
2 annually to the Department for expenditure under this
3 Section, 1/3 of those such monies shall be used for grants to
4 convention and tourism bureaus in cities with a population
5 greater than 500,000. The remaining 2/3 of the annual
6 appropriation shall be used for grants to those such bureaus
7 in the remainder of the State, in accordance with a formula
8 based upon the population served. The Department may reserve
9 up to 10% of that such remaining 2/3 of the funds
10 appropriated to conduct audits of grants, to provide
11 incentive funds to those bureaus that which will conduct
12 promotional activities designed to further the Department's
13 statewide advertising campaign, and to fund promotional
14 activities that which support an increased use of the State's
15 parks.
16 (Source: P.A. 88-465.)
17 (20 ILCS 605/35-710 new)
18 (was 20 ILCS 605/46.6c) (from Ch. 127, par. 46.6c)
19 Sec. 35-710. Regional Tourism Councils. 46.6c. The
20 Department may, subject to appropriation, provide contractual
21 funding from the Tourism Promotion Fund for the
22 administrative costs of 4 not-for-profit Regional Tourism
23 Councils that assist the Department in promoting tourism
24 throughout a multi-county geographical area designated by the
25 Department. Regional Tourism Councils receiving funds under
26 this Section may be required by the Department to submit to
27 audits of contracts awarded by the Department to determine
28 whether the Regional Tourism Council has performed all
29 contractual obligations under those contracts.
30 Every employee of a Regional Tourism Council receiving
31 funds under this Section shall disclose to its governing
32 board and to the Department any economic interest that
33 employee may have in any entity with which the Regional
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1 Tourism Council has contracted with or to which the Regional
2 Tourism Council has granted funds.
3 (Source: P.A. 86-1481.)
4 (20 ILCS 605/35-715 new)
5 (was 20 ILCS 605/46.59) (from Ch. 127, par. 46.59)
6 Sec. 35-715. 46.59. Advisory Committee; Tourism Promotion
7 Fund. There is created within the Department an Advisory
8 Committee of 11 persons, including 2 members of the Senate of
9 different political parties appointed by the President, 2
10 members of the House of Representatives of different
11 political parties appointed by the Speaker thereof, and 7
12 other persons, one of whom shall be a senior citizen 60 years
13 of age or over, appointed by the Governor. The members
14 appointed by the Governor may include, but are not limited
15 to, persons representing motels, hotels, restaurants,
16 airlines, railroads, bus lines, travel agencies, oil
17 companies and the communications industry. The appointments
18 shall be made as soon as possible after August 13, 1988, the
19 effective date of Public Act 85-1185 this amendatory Act of
20 1988. Members shall serve for terms of 2 years and until
21 their respective successors are appointed, except that
22 General Assembly members shall serve until their respective
23 successors are appointed or until termination of their
24 legislative service, whichever first occurs. Vacancies in
25 the membership in the Advisory Committee shall be filled in
26 the same manner as the original appointments.
27 The Advisory Committee shall elect a member of its own
28 group as chairman at the first meeting, which shall be called
29 by the Governor. The Advisory Committee shall meet at least
30 4 times in a calendar year at the call of the chairman. The
31 Advisory Committee shall advise in all matters relating to
32 the policy and administration of the Illinois Tourism
33 Promotion Fund. The Committee shall report to each regular
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1 session of the General Assembly its recommendations for
2 legislation in the field of the promotion of tourism and
3 related subjects in Illinois.
4 The requirements for reporting to the General Assembly
5 shall be satisfied by filing copies of the report as required
6 under Section 3.1 of "An Act to revise the law in relation to
7 the General Assembly Organization Act", approved February 25,
8 1874, as amended.
9 Members of the committee shall serve without compensation
10 but shall be reimbursed for necessary expenses incurred in
11 the performance of their duties.
12 (Source: P.A. 85-1185.)
13 (20 ILCS 605/35-720 new)
14 (was 20 ILCS 605/46.16) (from Ch. 127, par. 46.16)
15 Sec. 35-720. Publicizing Illinois facilities and
16 attractions. 46.16. To encourage and assist the efforts of
17 other public and private organizations or groups of citizens
18 to publicize the facilities and attractions of Illinois.
19 (Source: Laws 1965, p. 1958.)
20 (20 ILCS 605/35-800 new)
21 (was 20 ILCS 605/46.19a, subsec. (1)) (from Ch. 127, par.
22 46.19a)
23 Sec. 35-800. Training grants for skills in critical
24 demand. 46.19a.
25 (a) (1) Grants to provide training in fields affected by
26 critical demands for certain skills may be made as provided
27 in this Section subsection.
28 (b) (a) The Director of the Department may make grants
29 to eligible employers or to other eligible entities on behalf
30 of employers as authorized in subsection (c) paragraph (b) to
31 provide training for employees in fields for which there are
32 critical demands for certain skills.
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1 (c) (b) The Director may accept applications for
2 training grant funds and grant requests from: (i) entities
3 sponsoring multi-company eligible employee training projects
4 as defined in subsection (d) paragraph (c), including
5 business associations, strategic business partnerships,
6 institutions of secondary or higher education, large
7 manufacturers for supplier network companies, federal Job
8 Training Partnership Act administrative entities or grant
9 recipients, and labor organizations when those projects will
10 address common training needs identified by participating
11 companies; and (ii) individual employers that are undertaking
12 eligible employee training projects as defined in subsection
13 (d) paragraph (c), including intermediaries and training
14 agents.
15 (d) (c) The Director may make grants to eligible
16 applicants as defined in subsection (c) paragraph (b) for
17 employee training projects that include, but need not be
18 limited to, one or more of the following:
19 (1) (i) Training programs in response to new or
20 changing technology being introduced in the workplace.;
21 (2) (ii) Job-linked training that offers special
22 skills for career advancement or that is preparatory for,
23 and leads directly to, jobs with definite career
24 potential and long-term job security.;
25 (3) (iii) Training necessary to implement total
26 quality management or improvement or both management and
27 improvement systems within the workplace.;
28 (4) (iv) Training related to new machinery or
29 equipment.;
30 (5) (v) Training of employees of companies that are
31 expanding into new markets or expanding exports from
32 Illinois.;
33 (6) (vi) Basic, remedial, or both basic and
34 remedial training of employees as a prerequisite for
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1 other vocational or technical skills training or as a
2 condition for sustained employment.;
3 (7) (vii) Self-employment training of the
4 unemployed and underemployed with comprehensive,
5 competency-based instructional programs and services.;
6 and
7 (8) (viii) Other training activities or, projects,
8 or both training activities and projects, related to the
9 support, development, or evaluation of job training
10 programs, activities, and delivery systems, including
11 training needs assessment and design.
12 (e) (d) Grants shall be made on the terms and conditions
13 that the Department shall determine, provided, however, that
14 no grant made under the provisions of paragraph (c) of this
15 subsection (d) shall exceed 50% of the direct costs of all
16 approved training programs provided by the employer or the
17 employer's training agent or other entity as defined in
18 subsection (c) paragraph (b). Under this Section, allowable
19 costs include, but are not limited to:
20 (1) (i) Administrative costs of tracking,
21 documenting, reporting, and processing training funds or
22 project costs.;
23 (2) (ii) Curriculum development.;
24 (3) (iii) Wages and fringe benefits of employees.;
25 (4) (iv) Training materials, including scrap
26 product costs.;
27 (5) (v) Trainee travel expenses.;
28 (6) (vi) Instructor costs, including wages, fringe
29 benefits, tuition, and travel expenses.;
30 (7) (vii) Rent, purchase, or lease of training
31 equipment.; and
32 (8) (viii) Other usual and customary training
33 costs.
34 (f) (e) The Director shall ensure that periodic on-site
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1 grant monitoring visits are conducted by the Department
2 during the course of the grant period. The Department shall
3 verify that the grantee's financial management system is
4 structured to provide for accurate, current, and complete
5 disclosure of the financial results of the grant program in
6 accordance with all provisions, terms, and conditions
7 contained in the grant contract.
8 (g) (f) The Director may establish and collect a
9 schedule of charges from subgrantee entities and other system
10 users under federal job-training programs for participating
11 in and utilizing the Department's automated job-training
12 program information systems when the where such systems and
13 the necessary participation and utilization are is a
14 requirement of the federal job-training programs. All monies
15 collected pursuant to this subsection paragraph shall be
16 deposited into the Federal Job-Training Information Systems
17 Revolving Fund created in Section 35-805 subsection (5).
18 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
19 eff. 1-1-96; 89-507, eff. 7-1-97.)
20 (20 ILCS 605/35-805 new)
21 (was 20 ILCS 605/46.19a, subsec. (5)) (from Ch. 127, par.
22 46.19a)
23 Sec. 35-805. Federal Job-Training Information Systems
24 Revolving Fund. (5) There is hereby created a special fund
25 in the State treasury to be known as the Federal Job-Training
26 Information Systems Revolving Fund. The deposit of monies
27 into this fund shall be limited to the collection of charges
28 pursuant to paragraph (f) of subsection (g) (1) of this
29 Section 35-800. The monies in the Fund may only be used,
30 subject to appropriation by the General Assembly, only for
31 the purpose of financing the maintenance and operation of the
32 automated Federal Job-Training Information Systems pursuant
33 to paragraph (f) of subsection (g) (1) of this Section
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1 35-800.
2 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
3 eff. 1-1-96; 89-507, eff. 7-1-97.)
4 (20 ILCS 605/35-810 new)
5 (was 20 ILCS 605/46.19a, subsec. (6)) (from Ch. 127, par.
6 46.19a)
7 Sec. 35-810. Reemployment of former employees. (6) When
8 the Department is involved in developing a federal or State
9 funded training or retraining program for any employer, the
10 Department will assist and encourage that employer in making
11 every effort to reemploy individuals previously employed at
12 the facility. Further, the Department will provide a list of
13 those said employees to the said employer for consideration
14 for reemployment and will report the results of this effort
15 to the Illinois Job Training Coordinating Council. This
16 requirement shall be in effect when all of the following
17 conditions are met:
18 (1) (a) The employer is reopening, or is proposing
19 to reopen, a facility that which was last closed during
20 the preceding 2 years.,
21 (2) (b) A substantial number of the persons who
22 were employed at the facility before its most recent
23 closure remain unemployed., and
24 (3) (c) The product or service produced by, or
25 proposed to be produced by, the employer at the facility
26 is substantially similar to the product or service
27 produced at the facility before its most recent closure.
28 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
29 eff. 1-1-96; 89-507, eff. 7-1-97.)
30 (20 ILCS 605/35-815 new)
31 (was 20 ILCS 605/46.19a, subsec. (7)) (from Ch. 127, par.
32 46.19a)
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1 Sec. 35-815. Unemployed and underemployed single parents.
2 (7) The Department, in cooperation with the Departments of
3 Human Services and Employment Security, may establish a
4 program to encourage community action agencies to establish
5 programs that will help unemployed and underemployed single
6 parents to identify, access, and develop, through such means
7 as counseling or mentoring, internal and external resources
8 that will enable those single parents to become emotionally
9 and financially self-sufficient. The intended primary
10 beneficiaries of the local programs shall be female heads of
11 households who are at least 22 but less than 46 years of age
12 and who are physically able to work but are unemployed or
13 underemployed. The Department may make grants, subject to
14 the availability of funding, to communities and local
15 agencies for the purpose of establishing local programs as
16 described in this Section subsection (7). A grant under this
17 Section subsection (7) shall be made for a period of one year
18 and may be renewed if the Department determines that the
19 program is successful in meeting its objectives. If the
20 Department determines that implementation of a program has
21 resulted in a savings of State moneys that otherwise would
22 have been paid to beneficiaries of the program, the
23 Department, on renewing a grant, may adjust the grant amount
24 for those demonstrated savings.
25 For purposes of this Section subsection, a person is
26 underemployed if his or her income from employment is less
27 than 185% of the federal official poverty income guideline.
28 (Source: P.A. 88-373; 88-456; 88-670, eff. 12-2-94; 89-4,
29 eff. 1-1-96; 89-507, eff. 7-1-97.)
30 (20 ILCS 605/35-820 new)
31 (was 20 ILCS 605/46.49) (from Ch. 127, par. 46.49)
32 Sec. 35-820. Public hearings on Job Training Partnership
33 Act plans and programs. 46.49. To require Service Delivery
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1 Areas established under the federal Job Training Partnership
2 Act to hold public hearings on the job training plans
3 developed for their respective jurisdictions pursuant to
4 Section 104 of the federal Job Training Partnership Act. The
5 Such public hearings shall be held by the Service Delivery
6 Areas prior to the submission of the job training plans to
7 the Department for review and approval or disapproval on
8 behalf of the Governor. The Department shall, as part of its
9 plan submission requirements, direct Service Delivery Areas
10 to submit evidence that the such hearings have been held.
11 The Department shall hold public hearings regarding those
12 Job Training Partnership Act programs set aside under that
13 Act for direct administration and implementation by the
14 Governor. The Such public hearings shall be held prior to the
15 submission of the Governor's Coordination and Special
16 Services Plan to the General Assembly for review and comment
17 and to the Governor for approval.
18 (Source: P.A. 83-1528.)
19 (20 ILCS 605/35-825 new)
20 (was 20 ILCS 605/46.65) (from Ch. 127, par. 46.65)
21 Sec. 35-825. 46.65. Earnfare Program. The Department
22 shall, through the Job Training Partnership Act and local
23 private industry councils, provide job skills training, job
24 placement, client management, and supportive services for
25 Earnfare participants, using existing II-A funds.
26 (Source: P.A. 87-893.)
27 (20 ILCS 605/35-850 new)
28 (was 20 ILCS 605/46.32a, subsec. (a)) (from Ch. 127, par.
29 46.32a)
30 Sec. 35-850. Labor-Management Cooperation Committee.
31 46.32a.
32 (a) The Department shall promote labor-management
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1 relations and provide assistance in the development of local
2 labor-management committees.
3 (b) In the Department there shall be a Labor-Management
4 Cooperation Committee composed of 12 public members appointed
5 by the Governor with the advice and consent of the Senate.
6 Six members shall represent executive level management of
7 businesses that employ labor union members, and 6 members
8 shall represent major labor union leadership. The Governor
9 shall designate 1 business representative and 1 labor
10 representative as cochairmen. Appointed members shall not be
11 represented at a meeting by another person. There shall be 6
12 ex officio nonvoting members: the Director of the Department,
13 who shall serve as Secretary, the Director of the Department
14 of Labor, the President of the Senate, the Minority Leader of
15 the Senate, the Speaker of the House of Representatives, and
16 the Minority Leader of the House of Representatives. Each ex
17 officio member shall serve during the term of his or her
18 office. Ex officio members may be represented by duly
19 authorized substitutes.
20 In making the initial public member appointments to the
21 Committee, 3 of the business representatives and 3 of the
22 labor union representatives shall be appointed for terms
23 expiring July 1, 1987. The remaining public members shall be
24 appointed for terms expiring July 1, 1988. Thereafter, public
25 members of the Committee shall be appointed for terms of 2
26 years expiring on July 1, or until their successors are
27 appointed and qualified. The Governor may at any time, with
28 the advice and consent of the Senate, make appointments to
29 fill vacancies for the balance of an unexpired term. Public
30 members shall serve without compensation, but shall be
31 reimbursed by the Department for necessary expenses incurred
32 in the performance of their duties. The Department shall
33 provide staff assistance to the Committee.
34 (c) The Committee shall have the following duties:
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1 (1) To improve communications between labor and
2 management on significant economic problems facing the
3 State.;
4 (2) To encourage and support the development of
5 local labor-management committees at the plant, industry
6 and area levels across the State.;
7 (3) To assess the progress of area labor-management
8 committees that have been formed across the State and
9 provide input to the Director of the Department
10 concerning matching grants to area labor-management
11 committees or other grant programs established in this
12 Act.;
13 (4) To convene a statewide conference on
14 labor-management concerns at least once every 2 years.;
15 (5) To issue a report on labor-management concerns
16 to the Governor and the General Assembly every 2 years
17 commencing in March of 1987. This report shall outline
18 the accomplishments of the Committee and specific
19 recommendations for improving Statewide labor-management
20 relations.
21 (Source: P.A. 88-456.)
22 (20 ILCS 605/35-855 new)
23 (was 20 ILCS 605/46.32a, subsec. (b)) (from Ch. 127, par.
24 46.32a)
25 Sec. 35-855. Grants to local labor-management committes.
26 (a) (b) The Director, with the advice of the
27 Labor-Management Cooperation Committee, shall have the
28 authority to provide matching grants, grants, and other
29 resources to establish or assist area labor-management
30 committees and other projects that which serve to enhance
31 labor-management relations. The Department shall have the
32 authority, with the advice of the Labor-Management
33 Cooperation Committee, to award grants or matching grants in
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1 4 four areas as provided in subsections (b) through (e).:
2 (b) (1) At least 60% 60 percent of the annual
3 appropriation to the Department, for providing
4 labor-management grants and resources shall be awarded as
5 matching grants to existing local labor-management
6 committees. To be eligible for matching grants pursuant to
7 this subsection, local labor-management committees shall meet
8 all of the following criteria:
9 (1) (i) Be a formal, not-for-profit organization
10 structured for continuing service with voluntary
11 membership.;
12 (2) (ii) Be composed of labor and management
13 representatives.;
14 (3) (iii) Service a distinct and identifiable
15 geographic region.;
16 (4) (iv) Be staffed by a professional chief
17 executive officer.;
18 (5) (v) Have been established with the Department
19 for at least 2 two years.;
20 (6) (vi) Operate in compliance with rules set forth
21 by the Department with the advice of the Labor-Management
22 Cooperation Committee.; and
23 (7) (vii) Ensure that their its efforts and
24 activities are coordinated with relevant agencies,
25 including but not limited to the following:
26 Department of Commerce and Community Affairs
27 Illinois Department of Labor
28 Economic development agencies
29 Corridor councils
30 Planning agencies
31 Colleges, universities, and community colleges
32 U.S. Department of Labor
33 Statewide Job Training Partnership Act
34 Entities.
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1 Further, the purpose of the local labor-management
2 committees will include, but not be limited to, the
3 following:
4 (8) (i) Enhancing the positive labor-management
5 relationship within the State, region, community, and/or
6 work place.;
7 (9) (ii) Assisting in the retention, expansion, and
8 attraction of businesses and jobs within the State
9 through special training programs, gathering and
10 disseminating dissemination of information, and providing
11 assistance in local economic development efforts as
12 appropriate.;
13 (10) (iii) Creating and maintaining a regular
14 nonadversarial forum for ongoing dialogue between labor
15 and management representatives to discuss and resolve
16 issues of mutual concern outside the realm of the
17 traditional collective bargaining process.;
18 (11) (iv) Acting as an intermediary for initiating
19 local programs between unions and employers that which
20 would generally improve economic conditions in a region.;
21 (12) (v) Encouraging, assisting, and facilitating
22 the development of work-site and industry
23 labor-management committees in the region.
24 Any local labor-management committee meeting these
25 criteria may apply to the Department for annual matching
26 grants, providing that the local committee contributes at
27 least 25% 25 percent in matching funds, of which no more than
28 50% 50 percent shall be "in-kind" services. Funds received
29 by a local committee pursuant to this subsection shall be
30 used for the ordinary operating expenses of the local
31 committee.
32 (c) (2) Up to 20% 20 percent of the annual appropriation
33 to the Department for providing labor-management grants and
34 resources may be awarded as matching grants to local
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1 labor-management committees that which do not meet all of the
2 eligibility criteria set forth in subsection (b) (1).
3 However, to be eligible to apply for a grant under this
4 subsection (c), the local labor-management committee, at a
5 minimum, shall meet all of the following criteria:
6 (1) (i) Be composed of labor and management
7 representatives.;
8 (2) (ii) Service a distinct and identifiable
9 geographic region.;
10 (3) (iii) Operate in compliance with the rules set
11 forth by the Department with the advice of the
12 Labor-Management Cooperation Committee.; and
13 (4) (iv) Ensure that its efforts and activities are
14 directed toward enhancing the labor-management
15 relationship within the State, region, community, and/or
16 work place.
17 Any local labor-management committee meeting these
18 criteria may apply to the Department for an annual matching
19 grant, providing that the local committee contributes at
20 least 25% 25 percent in matching funds of which no more than
21 50% 50 percent shall be "in-kind" services. Funds received
22 by a local committee pursuant to this paragraph (2) of
23 subsection (c) (b) of this Section shall be used for the
24 ordinary and operating expenses of the local committee.
25 Eligible committees shall be limited to 3 three years of
26 funding under this subsection. With respect to those
27 committees participating in this program prior to enactment
28 of this amendatory Act of 1988 that which fail to qualify
29 under paragraph (1) of this subsection (c) (b) of this
30 Section, previous years' funding shall be counted in
31 determining whether those committees have reached their
32 funding limit under this paragraph (2).
33 (d) (3) Up to 10% 10 percent of the annual appropriation
34 to the Department for providing labor-management grants and
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1 resources may be awarded as grants to develop and conduct
2 specialized education and training programs of direct benefit
3 to representatives of labor, management, labor-management
4 committees and/or their staff. The type of education and
5 training programs to be developed and offered will be
6 determined and prioritized annually by the Department, with
7 the advice of the Labor-Management Cooperation Committee.
8 The Department will develop and issue an annual request for
9 proposal detailing the program specifications.
10 (e) (4) Up to 10% 10 percent of the annual appropriation
11 to the Department for providing labor-management grants and
12 resources may be awarded as grants for research and
13 development projects related to labor-management issues. The
14 Department, with the advice of the Labor-Management
15 Cooperation Committee, will develop and prioritize annually
16 the type and scope of the research and development projects
17 deemed necessary.
18 (f) The Department is authorized to establish
19 applications and, application procedures and promulgate any
20 rules deemed necessary in the administration of the such
21 grants.
22 (Source P.A. 88-456.)
23 (20 ILCS 605/35-860 new)
24 (was 20 ILCS 605/46.32a, subsec. (c)) (from Ch. 127, par.
25 46.32a)
26 Sec. 35-860. Office of Labor-Management Cooperation.
27 (c) To administer the grant programs created by this Law
28 Act, the Department shall establish an Office of
29 Labor-Management Cooperation. The purpose of this office
30 shall include, but not be limited to the following:
31 (1) To administer the grant programs, including
32 developing grant applications and requests for proposals
33 proposal, program monitoring, and evaluation.
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1 (2) To serve as State liaison with other state,
2 regional and national organizations devoted to promoting
3 labor-management cooperation; and to disseminate
4 disseminating pertinent information secured through these
5 State, regional, and national affiliations to local
6 labor-management committees, the Labor-Management
7 Cooperation Committee, and other interested parties
8 throughout the State.
9 (3) To provide technical assistance to area,
10 industry, or work-site labor-management committees as
11 requested.
12 (4) To serve as a clearinghouse for information
13 related to labor-management cooperation.
14 (5) To serve as a catalyst to developing and
15 strengthening a partnership among local, State, regional,
16 and national organizations and agencies devoted to
17 enhancing labor-management cooperation.
18 (6) To provide any other programs or services that
19 which enhance labor-management cooperation within the
20 State of Illinois as determined by the Director with the
21 advice of the Labor-Management Cooperation Committee.
22 (Source: P.A. 88-456.)
23 (20 ILCS 605/35-875 new)
24 (was 20 ILCS 605/46.68)
25 Sec. 35-875. 46.68. Safety loan program.
26 (a) The Department of Commerce and Community Affairs may
27 develop and implement a small business safety loan program to
28 allow employers the opportunity to improve workplace safety.
29 The loans shall be made from appropriations for that purpose.
30 The loans shall be secured by adequate collateral, may be for
31 a term of no more than 5 years, and may bear interest at a
32 discounted rate. The Department shall promulgate all
33 necessary rules to implement the program.
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1 (b) Any loan made under this Section shall: (1) be made
2 only if an on-site safety and health consultation and
3 recommendations for correction have been completed by the
4 Department's Industrial Service Division; and (2) finance no
5 more than $50,000 or 80% of the total project and no less
6 than $10,000.
7 (c) The Illinois Safety Revolving Loan Fund is created
8 as a separate fund within the State treasury.
9 The purpose of the Fund is to provide loans to and
10 finance administration of loans to small businesses in
11 Illinois.
12 There shall be deposited into the Fund amounts including,
13 but not limited to, the following:
14 (1) All receipts, including dividends, principal,
15 and interest payments from any applicable loan agreement
16 made from the Fund or from direct appropriations.;
17 (2) All proceeds of assets of whatever nature
18 received by the Department as a result of default or
19 delinquency with respect to loan agreements made from the
20 Fund or from direct appropriations by the General
21 Assembly, including proceeds from the sale, disposal,
22 lease, or rental of real or personal property that the
23 Department may have received as a result of the default
24 or delinquency.;
25 (3) Any appropriations, grants, or gifts made to
26 the Fund.; and
27 (4) Any income received from interest on
28 investments of moneys in the Fund.
29 (d) The implementation of or continuation of this
30 program during any fiscal year is dependent upon federal
31 funding, through the Department of Labor, committed to the
32 Onsite Safety and Health Consultation Program prior to the
33 beginning of that fiscal year.
34 (Source: P.A. 89-423, eff. 6-1-96.)
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1 (20 ILCS 605/35-900 new)
2 (was 20 ILCS 605/46.6b) (from Ch. 127, par. 46.6b)
3 Sec. 35-900. Construction loans to local governments for
4 revenue producing capital facilities. 46.6b. To make loans to
5 units of local government for construction of revenue
6 producing capital facilities, subject to the such terms and
7 conditions condition as it deems necessary to ensure
8 repayment.
9 (Source: P.A. 85-552.)
10 (20 ILCS 605/35-905 new)
11 (was 20 ILCS 605/46.41b) (from Ch. 127, par. 46.41b)
12 Sec. 35-905. Grants to local governments in connection
13 with federal prisons. 46.41b. To make grants to units of
14 local government for (i) land acquisition and all necessary
15 improvements upon or related thereto for the purpose of
16 facilitating the location of federal prisons in Illinois and
17 (ii) for the development of industrial or commercial parks,
18 or both, that which are adjacent to or abut any federal
19 prison constructed in Illinois after January 9, 1990 (the
20 effective date of Public this amendatory Act 86-1017) of
21 1989.
22 (Source: P.A. 86-1017.)
23 (20 ILCS 605/35-910 new)
24 (was 20 ILCS 605/46.56) (from Ch. 127, par. 46.56)
25 Sec. 35-910. Grants to municipalities for site
26 development along waterways. 46.56. In cooperation with the
27 Department of Transportation, to make grants and provide
28 financial assistance to municipalities for site development
29 along waterways in order to promote commercial and industrial
30 development.
31 (Source: P.A. 84-1124.)
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1 (20 ILCS 605/35-915 new)
2 (was 20 ILCS 605/46.45) (from Ch. 127, par. 46.45)
3 Sec. 35-915. Assisting local governments to achieve lower
4 borrowing costs. 46.45. To cooperate with the Illinois
5 Development Finance Authority in assisting local governments
6 to achieve overall lower borrowing costs and more favorable
7 terms under Sections 7.50 through 7.61 of the Illinois
8 Development Finance Authority Act, including using the
9 Department's federally funded Community Development
10 Assistance Program for those such purposes.
11 (Source: P.A. 83-1367.)
12 (20 ILCS 605/35-920 new)
13 (was 20 ILCS 605/46.47) (from Ch. 127, par. 46.47)
14 Sec. 35-920. Assisting local governments; debt
15 management, capital facility planning, infrastructure.
16 46.47. To provide, in cooperation with the Illinois
17 Development Finance Authority, technical assistance to local
18 governments with respect to debt management and bond
19 issuance, capital facility planning, infrastructure
20 financing, infrastructure maintenance, fiscal management, and
21 other infrastructure areas.
22 (Source: P.A. 83-1367.)
23 (20 ILCS 605/35-925 new)
24 (was 20 ILCS 605/46.48) (from Ch. 127, par. 46.48)
25 Sec. 35-925. Helping local governments reduce
26 inrastructure costs. 46.48. To develop and recommend to the
27 Governor and the General Assembly, in cooperation with the
28 Illinois Development Finance Authority and local governments,
29 methods and techniques that can be used to help local
30 governments reduce their public infrastructure costs,
31 including strengthened local financial management, user fees,
32 and other appropriate options.
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1 (Source: P.A. 83-1367.)
2 (20 ILCS 605/35-930 new)
3 (was 20 ILCS 605/46.27) (from Ch. 127, par. 46.27)
4 Sec. 35-930. Assisting home rule units; composite bond
5 issues for mortgages. 46.27. At the request of any home rule
6 unit, to assist the such home rule unit in providing
7 composite bond issues for mortgages in order to enable the
8 such home rule unit to benefit from the federal allocation of
9 tax exempt mortgage revenue bonds authorized under the
10 federal "Mortgage Subsidy Bond Tax Act of 1981" (Title XI of
11 Public Law 96-499), as now or hereafter amended.
12 (Source: P.A. 83-651.)
13 (20 ILCS 605/35-935 new)
14 (was 20 ILCS 605/46.32) (from Ch. 127, par. 46.32)
15 Sec. 35-935. Referrals to State universities for special
16 economic problems. 46.32. To encourage the establishment,
17 with the assistance of the Board of Higher Education, of a
18 system for referring representatives of communities in which
19 there exist special economic problems and opportunities to
20 the most appropriate State university for assistance. The
21 Department may also cooperate with the universities in
22 providing advice and assistance to communities or groups of
23 citizens seeking to offset the economic impact of the removal
24 or termination of substantial industrial or commercial
25 operations.
26 (Source: P.A. 81-835; 81-1509.)
27 (20 ILCS 605/35-940 new)
28 (was 20 ILCS 605/46.37) (from Ch. 127, par. 46.37)
29 Sec. 35-940. Clearing house for local government
30 problems; aid with financial and administrative matters.
31 46.37. The Department shall provide for a central clearing
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1 house for information concerning local government problems
2 and various solutions to those problems and shall assist and
3 aid local governments of the State in matters relating to
4 budgets, fiscal procedures, and administration. In performing
5 this responsibility the Department shall have the power and
6 duty to do the following:
7 (1) (a) Maintain communication with all local
8 governments and assist them, at their request, to improve
9 their administrative procedures and to facilitate
10 improved local government and development.;
11 (2) (b) Assemble and disseminate information
12 concerning State and federal programs, grants, gifts, and
13 subsidies available to local governments and to provide
14 counsel and technical services and other assistance in
15 applying for those such programs, grants, gifts, and
16 subsidies.;
17 (3) (c) Assist in coordinating activities by
18 obtaining information, on forms provided by the
19 Department or by receipt of proposals and applications,
20 concerning State and federal assisted programs, grants,
21 gifts, and subsidies applied for and received by all
22 local governments.;
23 (4) (d) Provide direct consultative services to
24 local governments upon request and provide staff services
25 to special commissions, the Governor, or the General
26 Assembly or its committees.;
27 (5) (e) Render advice and assistance with respect
28 to the establishment and maintenance of programs for the
29 training of local government officials and other
30 personnel, including programs of intergovernmental
31 exchange of personnel.;
32 (6) (f) To Act as the official State agency for the
33 receipt and distribution of federal funds that which are
34 or may be provided to the State on a flat grant basis for
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1 distribution to local governments or in the event federal
2 law requires a State agency to implement programs
3 affecting local governments and for State funds that
4 which are or may be provided for the use of local
5 governments unless otherwise provided by law.;
6 (7) (g) To Administer such laws relating to local
7 government affairs as the General Assembly may direct.;
8 (8) (h) Provide all advice and assistance to
9 improve local government administration, ensure to insure
10 the economical and efficient provision of local
11 government services, and to make the Civil Administrative
12 Code of Illinois this Act effective.;
13 (9) (i) Give advice and counsel on fiscal problems
14 of local governments of the State to those such local
15 governments.;
16 (10) (j) Prepare uniform budgetary forms for use by
17 the local governments of the State.;
18 (11) (k) Assist and advise the local governments of
19 the State in matters pertaining to budgets, appropriation
20 requests and ordinances, the determination of property
21 tax levies and rates, and other matters of a financial
22 nature.;
23 (12) (l) Be a repository for financial reports and
24 statements required by law of local governments of the
25 State, and publish financial summaries of those reports
26 and statements. thereof;
27 (13) (m) At the request of local governments,
28 provide assistance in preparing bond issues, review
29 bonding proposals, and assist in marketing bonds, and
30 provide by January 1, 1985, model forms for the
31 disclosure of all information of significance to
32 potential purchasers of long or short term debt of local
33 governments and all information required to be disclosed
34 in connection with the sale of long or short term debt by
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1 local governments.;
2 (14) (n) Prepare proposals and advise on the
3 investment of idle local government funds.;
4 (15) (o) Administer the program of grants, loans,
5 and loan guarantees under the federal Public Works and
6 Economic Development Act of 1965, as amended, 42 U.S.C.
7 3121 and following et seq., and to receive and disburse
8 State and federal funds provided for that program and
9 moneys received as repayments of loans made under the
10 program.;
11 (16) (p) After January 1, 1985, upon the request of
12 local governments, to prepare and provide model financial
13 statement forms designed to communicate to taxpayers,
14 service consumers, voters, government employees, and news
15 media, in a non-technical manner, all significant
16 financial information regarding a particular local
17 government, and to prepare and provide to local
18 governments a summary of local governments' obligations
19 concerning the adoption of an annual operating budget.
20 The which summary shall be set forth in a non-technical
21 manner and shall be designed principally for distribution
22 to, and the use of, taxpayers, service consumers, voters,
23 government employees, and news media.
24 (Source: P.A. 83-1362.)
25 (20 ILCS 605/35-945 new)
26 (was 20 ILCS 605/46.38) (from Ch. 127, par. 46.38)
27 Sec. 35-945. Development of safe and decent housing.
28 46.38. The Department shall foster the development of safe
29 and decent housing for Illinois citizens and shall perform
30 all duties provided by law. In performing this responsibility
31 the Department shall have the power and duty to do the
32 following:
33 (1) (a) Coordinate and, wherever provided by law,
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1 to supervise or administer the several programs of State
2 and federal assistance and grants related to housing and
3 urban renewal, including but not limited to housing,
4 redevelopment, urban renewal, urban planning assistance,
5 building codes, building code enforcement, housing codes,
6 housing code enforcement, area development,
7 revitalization of central city cores, mass
8 transportation, public works ,and community facilities,
9 and to furnish technical assistance on any program of
10 housing and urban renewal.;
11 (2) (b) To Exercise the rights, powers, and duties
12 provided in sub-paragraphs (1), (2), (3), (4), (5), (6),
13 (7), (8), (9), (10), and (12) of Section 35-115. 46.36 of
14 this Act;
15 (3) (c) To Perform such other duties that as may be
16 necessary to implement applicable law and to ensure
17 insure orderly administration of the Department.
18 (Source: P.A. 81-1509.)
19 (20 ILCS 605/35-950 new)
20 (was 20 ILCS 605/46.38a) (from Ch. 127, par. 46.38a)
21 Sec. 35-950. Federal funds for housing. 46.38a. The
22 Department of Commerce and Community Affairs is authorized to
23 receive and distribute federal funds to foster safe and
24 decent housing and for reimbursement of social service
25 expenses in connection with emergency shelter for the
26 homeless.
27 (Source: P.A. 85-1021.)
28 (20 ILCS 605/35-990 new)
29 (was 20 ILCS 605/46.37a) (from Ch. 127, par. 46.37a)
30 Sec. 35-990. Notice of legislation affecting local
31 governments. 46.37a. Beginning on March 1, 1984 and annually
32 thereafter, the Department shall notify each county,
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1 municipality, and township of all State legislation that
2 which has taken effect during the preceding 12 months that
3 which in the Department's view directly affects or has
4 significant impact upon the functioning of local governments.
5 Notice shall be provided by delivering, by mail or otherwise,
6 to each such unit of local government a listing of the
7 legislation.
8 (Source: P.A. 83-915.)
9 (20 ILCS 605/35-995 new)
10 (was 20 ILCS 605/46.40) (from Ch. 127, par. 46.40)
11 Sec. 35-995. Contracts to perform functions at request of
12 local governments. 46.40. The Director may contract on behalf
13 of the Department, at the request of the corporate
14 authorities of any municipality, if the proposed function
15 takes place within the such municipality, or at the request
16 of the corporate authorities of the county, if the proposed
17 function takes place in an unincorporated area, with any
18 person, firm, or corporation to perform any of the functions
19 provided herein, within the corporate limits as provided in
20 this Section. The Department shall not expend State funds on
21 a contractual basis for those such functions unless those
22 functions and expenditures are expressly authorized by the
23 General Assembly.
24 (a) All contracts entered into by the Director shall
25 provide for annual audits and reports of activities conducted
26 under terms of the contract, unless more frequently requested
27 by the Director. The Director shall take such other steps as
28 are necessary to ensure insure the proper discharge of
29 contract responsibilities.;
30 (b) The Department shall promulgate rules and
31 regulations concerning the Department's operations or
32 programs established to meet these purposes.
33 (Source: P.A. 81-1509.)
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1 (20 ILCS 805/Art. 40 heading new)
2 ARTICLE 40. DEPARTMENT OF NATURAL
3 RESOURCES (CONSERVATION)
4 (20 ILCS 805/40-1 new)
5 Sec. 40-1. Article short title. This Article 40 of the
6 Civil Administrative Code of Illinois may be cited as the
7 Department of Natural Resources (Conservation) Law.
8 (20 ILCS 805/40-5 new)
9 Sec. 40-5. Definitions. In this Law:
10 "Department" means the Department of Natural Resources.
11 "Director" means the Director of Natural Resources.
12 (20 ILCS 805/40-10 new)
13 (was 20 ILCS 805/63a) (from Ch. 127, par. 63a)
14 Sec. 40-10. Department's powers, generally. 63a. The
15 Department of Natural Resources has the powers enumerated in
16 the following Sections 63a1 through 63b2.8.
17 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
18 (20 ILCS 805/40-15 new)
19 (was 20 ILCS 805/63a37) (from Ch. 127, par. 63a37)
20 Sec. 40-15. Rules and regulations. The Department has
21 the power 63a37. to adopt and enforce rules and regulations
22 necessary to the performance of its statutory duties.
23 (Source: P.A. 84-437.)
24 (20 ILCS 805/40-20 new)
25 (was 20 ILCS 805/63b2.7) (from Ch. 127, par. 63b2.7)
26 Sec. 40-20. Disposition of monies in All-terrain Vehicle
27 Safety Act Fund. The Department has the power 63b2.7. to
28 expend monies in the All-terrain Vehicle Safety Act Fund
29 pursuant to appropriation for the purposes of refunding
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1 registration fees paid under the All-terrain Vehicle Safety
2 Act and other expenses associated with the termination of the
3 Fund and the repeal of the All-terrain Vehicle Safety Act
4 through June 30, 1991, and to direct the State Comptroller
5 and State Treasurer to transfer the remaining balance in the
6 Fund on July 1, 1991, to the Motor Fuel Tax Fund.
7 (Source: P.A. 86-1091.)
8 (20 ILCS 805/40-25 new)
9 (was 20 ILCS 805/63b2.8)
10 Sec. 40-25. 63b2.8. Public benefit certification. The
11 Department has the power to certify whether land encumbered
12 by a conservation right provides a demonstrated public
13 benefit for purposes of reduced land valuation in accordance
14 with Section 10-167 of the Property Tax Code.
15 (Source: P.A. 88-657, eff. 1-1-95.)
16 (20 ILCS 805/40-30 new)
17 (was 20 ILCS 805/63a38) (from Ch. 127, par. 63a38)
18 Sec. 40-30. Illinois Conservation Corps; Illinois Youth
19 Recreation Corps. The Department has the power 63a38. to
20 administer the Illinois Conservation Corps Program and the
21 Illinois Youth Recreation Corps Program created by the
22 "Illinois Youth and Young Adult Employment Act of 1986",
23 enacted by the 84th General Assembly, and to promulgate rules
24 and regulations for the administration of the programs.
25 (Source: P.A. 84-1430.)
26 (20 ILCS 805/40-35 new)
27 (was 20 ILCS 805/63a40)
28 Sec. 40-35. 63a40. Adopt-A-River program. The
29 Department has the power to establish and maintain
30 Adopt-A-River programs with individual or group volunteers in
31 an effort to encourage and facilitate volunteer group
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1 involvement in litter cleanup in and along portions of rivers
2 and streams located in State parks and park lands. These
3 programs shall include but not be limited to the following:
4 (1) Providing and coordinating services by
5 volunteers to reduce the amount of litter including
6 providing trash bags and trash bag pickup and, where
7 necessary, providing briefings on safety procedures.
8 (2) Providing and installing signs identifying
9 those volunteers participating in the Adopt-A-River
10 program in particular parks and park lands.
11 The State and the Department of Natural Resources
12 Conservation and its employees are not liable for any damages
13 or injury suffered by any person resulting from his or her
14 participation in the program or from the actions or
15 activities of the volunteers.
16 (Source: P.A. 89-154, eff. 7-19-95; 89-626, eff. 8-9-96;
17 revised 8-19-96.)
18 (20 ILCS 805/40-40 new)
19 (was 20 ILCS 805/63a41)
20 Sec. 40-40. 63a41. Establishment of Adopt-A-Park
21 program. The Department of Natural Resources Conservation
22 may establish and maintain Adopt-A-Park programs with
23 individual or group volunteers in an effort to reduce and
24 remove litter from parks and park lands. These programs
25 shall include but not be limited to the following:
26 (1) Providing and coordinating services by
27 volunteers to reduce the amount of litter, including
28 providing trash bags and trash bag pickup and, in
29 designated areas where volunteers may be in close
30 proximity to moving vehicles, providing safety briefings
31 and reflective safety gear.
32 (2) Providing and installing signs identifying
33 those volunteers adopting particular parks and park
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1 lands.
2 (Source: P.A. 89-232, eff. 1-1-96; 89-626, eff. 8-9-96;
3 revised 8-19-96.)
4 (20 ILCS 805/40-100 new)
5 (was 20 ILCS 805/63a1) (from Ch. 127, par. 63a1)
6 Sec. 40-100. Conservation of fish and game. The
7 Department has the power 63a1. to take all measures necessary
8 for the conservation, preservation, distribution,
9 introduction, propagation, and restoration of fish, mussels,
10 frogs, turtles, game, wild animals, wild fowls, and birds.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-105 new)
13 (was 20 ILCS 805/63a2) (from Ch. 127, par. 63a2)
14 Sec. 40-105. Conservation of fauna and flora. The
15 Department has the power 63a2. to take all measures necessary
16 for the conservation, preservation, distribution,
17 introduction, propagation, and restoration of the fauna and
18 flora, except where other laws designate responsibilities
19 specifically to other governmental agencies. The Director
20 and authorized employees of the Department may expend such
21 sums as the Director deems necessary to purchase any fauna
22 and flora or parts thereof protected by the Department for
23 use as evidence of a violation of the Fish and Aquatic Life
24 Code, the Wildlife Code, or any other Act administered by the
25 Department, and may employ persons to obtain that such
26 evidence. The Director is authorized to establish
27 investigative cash funds for the purpose of purchasing
28 evidence or financing any investigation of persons suspected
29 of having violated those such Acts. The Such investigative
30 cash funds shall be operated and maintained on the imprest
31 system, and no such fund shall exceed $10,000. The
32 Department is authorized to deposit the such money in a
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1 locally held bank account. The Such funds to be expended
2 shall come from public donations, proceeds from the sale of
3 flora and fauna no longer or not needed as evidence that were
4 purchased with investigative cash funds, and appropriations
5 to the Department for contractual services.
6 (Source: P.A. 87-798; 87-895.)
7 (20 ILCS 805/40-110 new)
8 (was 20 ILCS 805/63a3) (from Ch. 127, par. 63a3)
9 Sec. 40-110. Statistics relating to fauna and flora.
10 The Department has the power 63a3. to collect and publish
11 statistics relating to the fauna and flora.
12 (Source: Laws 1967, p. 1088.)
13 (20 ILCS 805/40-115 new)
14 (was 20 ILCS 805/63a4) (from Ch. 127, par. 63a4)
15 Sec. 40-115. Conservation information. The Department
16 has the power 63a4. to acquire and disseminate information
17 concerning the propagation and conservation of the fauna and
18 flora, and the activities of the Department and the
19 industries affected by conservation and propagation.
20 (Source: Laws 1967, p. 1088.)
21 (20 ILCS 805/40-120 new)
22 (was 20 ILCS 805/63a5) (from Ch. 127, par. 63a5)
23 Sec. 40-120. Pollution prevention. The Department has
24 the power 63a5. to exercise all rights, powers, and duties
25 conferred by law and to take such measures that as are
26 necessary for the prevention of pollution of and engendering
27 of sanitary and wholesome conditions in rivers, lakes,
28 streams, and other waters in this State that as will promote,
29 protect, and conserve fauna and flora and to work in
30 conjunction with any other department of State government
31 that is as shall be proceeding to prevent stream and water
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1 pollution.
2 (Source: Laws 1967, p. 1088.)
3 (20 ILCS 805/40-125 new)
4 (was 20 ILCS 805/63b1) (from Ch. 127, par. 63b1)
5 Sec. 40-125. Agreements with federal agencies. 63b1.
6 The Department has of Natural Resources shall have the power
7 and authority to enter into agreements with appropriate
8 federal agencies in order to better effect cooperative
9 undertakings in the conservation, preservation, distribution,
10 and propagation of fish, mussels, frogs, turtles, game, wild
11 animals, wild fowls, birds, trees, plants, and forests.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-130 new)
14 (was 20 ILCS 805/63a8) (from Ch. 127, par. 63a8)
15 Sec. 40-130. Conservation of forests. The Department
16 has the power 63a8. to take such measures for the promotion
17 of planting, encouragement, protection, and conservation of
18 forests and to promote forestry in this State, including but
19 not limited to reforestation, woodland management, fire
20 management, and forest marketing and utilization, to exercise
21 the rights, powers, and duties in relation thereto that are
22 as may be conferred by law, to promote sound forestry
23 management as described by the "Illinois Forestry Development
24 Act", and to carry out the functions ascribed to the
25 Department by that Act.
26 (Source: P.A. 85-150.)
27 (20 ILCS 805/40-200 new)
28 (was 20 ILCS 805/63a13-1) (from Ch. 127, par. 63a13-1)
29 Sec. 40-200. Property given in trust. The Department
30 has the power 63a13-1. to accept, hold, maintain, and
31 administer, as trustee, property given in trust for
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1 educational, recreational, or historic purposes for the
2 benefit of the People of the State of Illinois and to dispose
3 of that such property pursuant to the terms of the instrument
4 creating the trust.
5 (Source: Laws 1968, p. 148.)
6 (20 ILCS 805/40-205 new)
7 (was 20 ILCS 805/63a29) (from Ch. 127, par. 63a29)
8 Sec. 40-205. Acquiring real property subject to life
9 estate. The Department has the power 63a29. to acquire, for
10 purposes authorized by law, any real property in fee simple
11 subject to a life estate in the seller in not more than 3
12 acres of the real property acquired, subject to the
13 restrictions that the life estate shall be used for
14 residential purposes only and that it shall be
15 non-transferable.
16 (Source: P.A. 79-332.)
17 (20 ILCS 805/40-210 new)
18 (was 20 ILCS 805/63a33) (from Ch. 127, par. 63a33)
19 Sec. 40-210. Purchasing land for State parks. The
20 Department has the power 63a33. to purchase land for State
21 park purposes by contract for deed under the terms and
22 restrictions of Section 2 of the "An Act in relation to the
23 acquisition, control, maintenance, improvement and protection
24 of State Parks Act and nature preserves", approved June 26,
25 1925, as now or hereafter amended. The Such purchase
26 restrictions under that Act thereunder shall include and take
27 into consideration any purchases by contract for deed under
28 Sections 40-205, 40-215, 40-225, 40-230, and 40-255 63a10,
29 63a17, 63a18, 63a19 and 63a29 of this Act.
30 (Source: P.A. 81-554; 81-1509.)
31 (20 ILCS 805/40-215 new)
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1 (was 20 ILCS 805/63a17) (from Ch. 127, par. 63a17)
2 Sec. 40-215. Acquiring jurisdiction over federal
3 government lands. The Department has the power 63a17. to
4 acquire jurisdiction by lease, purchase, contract, or
5 otherwise, over any lands held by or otherwise under the
6 jurisdiction of the federal government for the purpose of
7 carrying out any power or duty conferred upon the Department
8 and to locate, relocate, construct, and maintain roadways and
9 parking areas on those such lands and to supply all
10 facilities necessary for public use of the areas.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-220 new)
13 (was 20 ILCS 805/63a34) (from Ch. 127, par. 63a34)
14 Sec. 40-220. Historic structures. The Department has
15 the power 63a34. to lease or purchase any lands or
16 structures for the purpose of restoring, renovating, and
17 maintaining structures of historic significance that which
18 are listed in the Illinois or National Register of Historic
19 Places for public use; to acquire all necessary property or
20 rights-of-way for the purpose of providing access to those
21 such structures; and to construct buildings or such other
22 facilities as the Department deems necessary or desirable for
23 maximum utilization of those such facilities for public use.
24 However, any structures obtained for the purpose of being
25 used as State office facilities shall be subject to the
26 authority of the Department of Central Management Services,
27 and any leases for those such facilities shall be negotiated
28 and executed by the Department of Central Management
29 Services.
30 (Source: P.A. 83-282.)
31 (20 ILCS 805/40-225 new)
32 (was 20 ILCS 805/63a19) (from Ch. 127, par. 63a19)
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1 Sec. 40-225. Conservation of natural or scenic
2 resources. The Department has the power 63a19. to acquire
3 the fee or any lesser interests, including scenic easements,
4 in real property in order to preserve, through limitation of
5 future use, areas of great natural scenic beauty or areas
6 whose existing openness, natural condition, or present state
7 of use, if retained, would enhance the present or potential
8 value of abutting or surrounding recreational area
9 development, or would maintain or enhance the conservation of
10 natural or scenic resources.
11 (Source: Laws 1967, p. 1088.)
12 (20 ILCS 805/40-230 new)
13 (was 20 ILCS 805/63a18) (from Ch. 127, par. 63a18)
14 Sec. 40-230. Developing recreational areas. The
15 Department has the power 63a18. to lease from individuals,
16 corporations, or any other form of private ownership, from
17 any municipality, public corporation, or political
18 subdivision of this State, or from the United States, any
19 lands or waters for the purpose of developing outdoor
20 recreational areas for public use and to acquire all
21 necessary property or rights-of-way, for the purposes of
22 ingress or egress to those such lands and waters, and to
23 construct buildings and other recreational facilities,
24 including roadways, bridges, and parking areas, that as the
25 Department deems necessary or desirable for maximum
26 utilization of recreational facilities for public use of the
27 areas.
28 (Source: Laws 1967, p. 1088.)
29 (20 ILCS 805/40-235 new)
30 (was 20 ILCS 805/63a6) (from Ch. 127, par. 63a6)
31 Sec. 40-235. Lease of lands acquired by the Department;
32 disposition of obsolete buildings. The Department has the
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1 power 63a6. to do and perform each and every act or thing
2 considered by the Director to be necessary or desirable to
3 fulfill and carry out the intent and purpose of all laws
4 pertaining to the Department, of Natural Resources including
5 the right to rehabilitate or sell at public auction,
6 buildings or structures affixed to lands over which the
7 Department has acquired jurisdiction when in the judgment of
8 the Director those such buildings or structures are obsolete,
9 inadequate, or unusable for the purposes of the Department
10 and to lease those such lands with or without appurtenances
11 for a consideration in money or in kind for a period of time
12 not in excess of 5 years for the such purposes and upon the
13 such terms and conditions that as the Director considers to
14 be in the best interests of the State when those such lands
15 are not immediately to be used or developed by the State.
16 All those such sales shall be made subject to the written
17 approval of the Governor. The funds derived from those such
18 sales and from those such leases shall be deposited in the
19 State Parks Fund, except that funds derived from those such
20 sales and from those such leases on lands managed and
21 operated principally as wildlife or fisheries areas by the
22 Department of Natural Resources shall be deposited in the
23 Wildlife and Fish Fund.
24 (Source: P.A. 89-445, eff. 2-7-96.)
25 (20 ILCS 805/40-240 new)
26 (was 20 ILCS 805/63b) (from Ch. 127, par. 63b)
27 Sec. 40-240. Sale of land affected by federal emergency
28 conservation work; work on privately owned land. 63b.
29 (a) The Department has of Natural Resources shall have
30 the power and authority for and on behalf of the State to
31 make contractual agreements with the federal government
32 providing that if, as a result of the emergency conservation
33 work done by the federal government on State, county, and
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1 municipally owned land in Illinois, under the provisions of a
2 federal act entitled "An Act for the relief of unemployment
3 through the performance of useful public work, and for other
4 purposes,", enacted by the 73rd Congress, the State derives a
5 direct profit from the sale of that such land or its
6 products, then that the proceeds will be divided equally
7 between the State of Illinois, and the federal government
8 until the State shall have paid for the work done at the rate
9 of $1.00 per man per day for the time spent on the such work
10 or projects, subject to a maximum of $3.00 per acre.
11 The Department's agreements with the U.S. Government may
12 include general indemnification provisions as required by
13 federal statutes for nonfederal sponsorship of a federally
14 authorized project.
15 (b) The Department may also assume responsibility for
16 the maintenance of work done on privately owned land either
17 by the owners of the land or otherwise and may by contract
18 with the owners reserve the right to remove any structures or
19 other things of removable value resulting from the work,
20 including products of trees planted, the such removal to be
21 without compensation to the landowner.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 805/40-245 new)
24 (was 20 ILCS 805/63b2.1) (from Ch. 127, par. 63b2.1)
25 Sec. 40-245. Disposition of State park lands. 63b2.1.
26 The Department of Natural Resources shall not dispose of any
27 portion of a State park except as specifically authorized by
28 law. This prohibition shall not restrict the Department from
29 conveyance of easements and other lesser interests in land.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 805/40-250 new)
32 (was 20 ILCS 805/63a20) (from Ch. 127, par. 63a20)
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1 Sec. 40-250. Leases for strategic military sites. The
2 Department has the power 63a20. to lease lands over which the
3 Department has jurisdiction to the United States Army for use
4 as strategic military sites for a period not to exceed 10
5 years. All such leases, for whatever period, shall be subject
6 to the written approval of the Governor.
7 (Source: Laws 1967, p. 1088.)
8 (20 ILCS 805/40-255 new)
9 (was 20 ILCS 805/63a10) (from Ch. 127, par. 63a10)
10 Sec. 40-255. Transfers to other State agency or federal
11 government; acquisition of federal lands. The Department has
12 the power 63a10. to transfer jurisdiction of or exchange any
13 realty under the control of the Department to any other
14 department of the State government, or to any agency of the
15 federal government, or to acquire or accept federal lands,
16 when the such transfer, exchange, acquisition, or acceptance
17 is advantageous to the State and is approved in writing by
18 the Governor.
19 (Source: Laws 1967, p. 1088.)
20 (20 ILCS 805/40-260 new)
21 (was 20 ILCS 805/63a7) (from Ch. 127, par. 63a7)
22 Sec. 40-260. Licenses and rights of way for public
23 services. The Department has the power 63a7. to grant
24 licenses and rights-of-way within the areas controlled by the
25 Department for the construction, operation, and maintenance
26 upon, under, or across the such property, of facilities for
27 water, sewage, telephone, telegraph, electric, gas, or other
28 public service, subject to such terms and conditions as may
29 be determined by the Department.
30 (Source: Laws 1967, p. 1088.)
31 (20 ILCS 805/40-265 new)
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1 (was 20 ILCS 805/63a39)
2 Sec. 40-265. Public utility easement on Tunnel Hill
3 Bicycle Trail. The Department has the power 63a39. to grant
4 a public utility easement in the Saline Valley Conservance
5 District on the Tunnel Hill Bicycle Trail for construction
6 and maintenance of a waterline, subject to such terms and
7 conditions as may be determined by the Department.
8 (Source: P.A. 88-369.)
9 (20 ILCS 805/40-270 new)
10 (was 20 ILCS 805/63a26) (from Ch. 127, par. 63a26)
11 Sec. 40-270. Surplus agricultural products. The
12 Department has the power 63a26. to sell or exchange surplus
13 agricultural products grown on land owned by or under the
14 jurisdiction of the Department, when those such products
15 cannot be used by the Department.
16 (Source: P.A. 83-1374; 83-1486.)
17 (20 ILCS 805/40-275 new)
18 (was 20 ILCS 805/63a27) (from Ch. 127, par. 63a27)
19 Sec. 40-275. Sale of sand, gravel, or other material.
20 63a27.
21 (a) The Department has the power to sell gravel, sand,
22 earth, or other material from any State of Illinois owned
23 lands or waters under the jurisdiction of the Department at a
24 fair market price. The proceeds from the such sales shall be
25 deposited in the Wildlife and Fish Fund in the State
26 treasury.
27 (b) Notwithstanding the provisions of subsection (a) and
28 taking into consideration the cooperation received by the
29 State from the Lake County Forest Preserve District in the
30 development of the North Point Marina project, the Department
31 is authorized and directed to sell to the Lake County Forest
32 Preserve District 25,000 cubic yards of sand for the purpose
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1 of constructing a swimming beach upon receipt of $1 in
2 consideration.
3 (Source: P.A. 85-1010.)
4 (20 ILCS 805/40-300 new)
5 (was 20 ILCS 805/63a21) (from Ch. 127, par. 63a21)
6 Sec. 40-300. Public accommodation, educational, and
7 service facilities. The Department has the power 63a21. to
8 develop and operate public accommodation, educational, and
9 service facilities on lands over which the Department has
10 jurisdiction, and to lease lands over which the Department
11 has jurisdiction to persons or public or private corporations
12 for a period not to exceed 99 years for the construction,
13 maintenance, and operation of public accommodation,
14 educational, and service facilities. Those Such public
15 accommodation, educational, and service facilities include,
16 but are not limited to, marinas, overnight housing
17 facilities, tent and trailer camping facilities, recreation
18 facilities, food service facilities, and similar
19 accommodations. With respect to lands leased from the federal
20 government or any agency of the federal government thereof,
21 the Department may sub-lease those such lands for a period
22 not to exceed the time of duration of the federal lease with
23 the same renewal options that are contained in the federal
24 lease. All such leases or sub-leases, for whatever period,
25 shall be made subject to the written approval of the
26 Governor.
27 (Source: P.A. 84-984.)
28 (20 ILCS 805/40-305 new)
29 (was 20 ILCS 805/63a23) (from Ch. 127, par. 63a23)
30 Sec. 40-305. 63a23. Campsites and housing facilities.
31 The Department has the power to provide facilities for
32 overnight tent and trailer camp sites and to provide suitable
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1 housing facilities for student and juvenile overnight camping
2 groups. The Department of Natural Resources may regulate, by
3 administrative order, the fees to be charged for tent and
4 trailer camping units at individual park areas based upon the
5 facilities available. However, for campsites with access to
6 showers or electricity, any Illinois resident who is age 62
7 or older or has a Class 2 disability as defined in Section 4A
8 of the Illinois Identification Card Act shall be charged only
9 one-half of the camping fee charged to the general public
10 during the period Monday through Thursday of any week and
11 shall be charged the same camping fee as the general public
12 on all other days. For campsites without access to showers
13 or electricity, no camping fee authorized by this Section
14 shall be charged to any resident of Illinois who has a Class
15 2 disability as defined in Section 4A of the Illinois
16 Identification Card Act. For campsites without access to
17 showers or electricity, no camping fee authorized by this
18 Section shall be charged to any resident of Illinois who is
19 age 62 or older for the use of a camp site unit during the
20 period Monday through Thursday of any week. No camping fee
21 authorized by this Section shall be charged to any resident
22 of Illinois who is a disabled veteran or a former prisoner of
23 war, as defined in Section 5 of the Department of Veterans
24 Affairs Act. Nonresidents shall be charged the same fees as
25 are authorized for the general public regardless of age. The
26 Department shall provide by regulation for suitable proof of
27 age, or either a valid driver's license or a "Golden Age
28 Passport" issued by the federal government shall be
29 acceptable as proof of age. The Department shall further
30 provide by regulation that notice of these such reduced
31 admission fees be posted in a conspicuous place and manner.
32 Reduced fees authorized in this Section shall not apply
33 to any charge for utility service.
34 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
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1 (20 ILCS 805/40-310 new)
2 (was 20 ILCS 805/63a24) (from Ch. 127, par. 63a24)
3 Sec. 40-310. Lease of campsite facilities from State
4 Parks Revenue Bond Commission. The Department has the power
5 63a24. to lease from the State Parks Revenue Bond Commission
6 any facilities for overnight tent and trailer campsites
7 constructed by the Commission that the Department may
8 consider desirable or necessary for the efficient operation
9 of the State Parks System. The income collected from these
10 such operations shall be deposited in the State Parks Revenue
11 Bond Fund.
12 (Source: Laws 1967, p. 1088.)
13 (20 ILCS 805/40-315 new)
14 (was 20 ILCS 805/63a21.2) (from Ch. 127, par. 63a21.2)
15 Sec. 40-315. Cash incentives for concession complexes.
16 The Department has the power 63a21.2. to offer a cash
17 incentive not to exceed 35% of the total documented costs to
18 a qualified bidder for the development, construction, and
19 supervision by the such bidder of any concession complex,
20 including but not limited to resort hotels, park lodges,
21 marinas, golf courses, recreational developments, and
22 ancillary or support facilities pertinent thereto, on any
23 property leased to or under the jurisdiction of the
24 Department; provided, however, that all contracts utilizing
25 the State cash incentive program pursuant to this Section
26 shall be subject to public bidding and to the written
27 approval of the Governor. Prior to approval by the Governor,
28 the Department shall give reasonable public notice and
29 conduct a public hearing in a community close to the proposed
30 project.
31 (Source: P.A. 85-699; 86-1189.)
32 (20 ILCS 805/40-320 new)
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1 (was 20 ILCS 805/63a21.3) (from Ch. 127, par. 63a21.3)
2 Sec. 40-320. Cash incentive for concession complex at
3 Fort Massac State Park. The Department has the power
4 63a21.3. To offer a cash incentive not to exceed $400,000,
5 excluding land value, to a qualified bidder for the
6 development, construction, and supervision by the such bidder
7 of a concession complex at Fort Massac State Park, including
8 but not limited to a water recreational park, recreational
9 developments, and ancillary or support facilities pertinent
10 thereto, on any property leased to or under the jurisdiction
11 of the Department; provided, however, that all contracts
12 utilizing the State cash incentive program pursuant to this
13 Section shall be subject to public bidding and to the written
14 approval of the Governor. Prior to approval by the Governor,
15 the Department shall give reasonable public notice and
16 conduct a public hearing in a community close to the proposed
17 project.
18 (Source: P.A. 84-1316.)
19 (20 ILCS 805/40-325 new)
20 (was 20 ILCS 805/63a25) (from Ch. 127, par. 63a25)
21 Sec. 40-325. Public boat launching facilities;
22 artificial water impoundments. The Department has the power
23 63a25. to cooperate and contract with municipalities,
24 counties, or other local governmental units to construct and
25 operate public boat launching facilities on the public waters
26 of this State and to build roads and parking areas in
27 connection therewith and to participate with all such
28 governmental units in planning and constructing artificial
29 water impoundments for recreational purposes.
30 (Source: Laws 1967, p. 1088.)
31 (20 ILCS 805/40-330 new)
32 (was 20 ILCS 805/63a14) (from Ch. 127, par. 63a14)
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1 Sec. 40-330. Lease of concessions. The Department has
2 the power 63a14. to lease concessions on any property under
3 the jurisdiction of the Department of Natural Resources for a
4 period not exceeding 25 years. All such leases, for whatever
5 period, shall be made subject to the written approval of the
6 Governor. All concession leases executed after January 1,
7 1982, extending for a period in excess of 10 years, shall
8 will contain provisions for the Department to participate, on
9 a percentage basis, in the revenues generated by any
10 concession operation.
11 The Department of Natural Resources is authorized to
12 allow for provisions for a reserve account and a leasehold
13 account included within departmental concession lease
14 agreements for the purpose of setting aside revenues for the
15 maintenance, rehabilitation, repair, improvement, and
16 replacement of the concession facility, structure, and
17 equipment of the Department that of Natural Resources which
18 are a part of the leased premises.
19 The leasehold account shall allow for the amortization of
20 certain authorized expenses that are incurred by the
21 concession lessee, but that which are not an obligation of
22 the lessee under the terms and conditions of the lease
23 agreement. The Department of Natural Resources may allow a
24 reduction of up to 50% of the monthly rent due for the
25 purpose of enabling the recoupment of the lessee's authorized
26 expenditures during the term of the lease.
27 The lessee shall be required to pay into the reserve
28 account a percentage of gross receipts, as set forth in the
29 lease, to be set aside and expended in a manner acceptable to
30 the Department by the concession lessee for the purpose of
31 ensuring that an appropriate amount of the lessee's monies
32 are provided by the lessee to satisfy the lessee's incurred
33 responsibilities for the operation of the concession facility
34 under the terms and conditions of the concession lease.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 805/40-335 new)
3 (was 20 ILCS 805/63a21.1) (from Ch. 127, par. 63a21.1)
4 Sec. 40-335. 63a21.1. Fees. The Department has the power
5 to assess appropriate and reasonable fees for the use of
6 concession type facilities as well as other facilities and
7 sites under the jurisdiction of the Department of Natural
8 Resources. The Department may regulate, by rule, the fees to
9 be charged. The income collected shall be deposited in the
10 State Park Fund or Wildlife and Fish Fund depending on the
11 classification of the State managed facility involved.
12 (Source: P.A. 88-91; 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-400 new)
14 (was 20 ILCS 805/63a22) (from Ch. 127, par. 63a22)
15 Sec. 40-400. Rental of watercraft. The Department has
16 the power 63a22. to provide rowboats and other watercraft for
17 daily rental at a reasonable fee at any of the State parks,
18 public hunting areas, public fishing areas, or other
19 properties of the Department of Natural Resources where those
20 such boating facilities are considered feasible.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 (20 ILCS 805/40-405 new)
23 (was 20 ILCS 805/63a30) (from Ch. 127, par. 63a30)
24 Sec. 40-405. Sale of publications and craft items. The
25 Department has the power 63a30. to cooperate with private
26 organizations and agencies of the State of Illinois by
27 providing areas and the use of staff personnel where feasible
28 for the sale of publications on the natural and cultural
29 heritage of the State and craft items made by Illinois
30 craftsmen. The Such sales shall not conflict with existing
31 concession agreements. The Department is authorized to
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1 negotiate with those such organizations and agencies for a
2 portion of the monies received from sales to be returned to
3 the Department's State Parks Fund for the furtherance of
4 interpretive and restoration programs.
5 (Source: P.A. 79-332; 79-847; 79-1454.)
6 (20 ILCS 805/40-410 new)
7 (was 20 ILCS 805/63a32) (from Ch. 127, par. 63a32)
8 Sec. 40-410. Local bank accounts. The Department has
9 the power 63a32. to establish local bank or savings and loan
10 association accounts, upon the written authorization of the
11 Director, to temporarily hold income received at any of its
12 properties. Such Local accounts established pursuant to this
13 Section shall be in the name of the Department of Natural
14 Resources and shall be subject to regular audits. The
15 balance in a local bank or savings and loan association
16 account shall be forwarded to the Department of Natural
17 Resources for deposit with the State Treasurer on Monday of
18 each week if the amount to be deposited in a fund exceeds
19 $500.
20 No bank or savings and loan association shall receive
21 public funds as permitted by this Section, unless it has
22 complied with the requirements established pursuant to
23 Section 6 of the Public Funds Investment Act "An Act relating
24 to certain investments of public funds by public agencies",
25 approved July 23, 1943, as now or hereafter amended.
26 (Source: P.A. 89-445, eff. 2-7-96.)
27 (20 ILCS 805/40-415 new)
28 (was 20 ILCS 805/63a35) (from Ch. 127, par. 63a35)
29 Sec. 40-415. Wildlife conservation stamp. The
30 Department has the power 63a35. to print and issue stamps
31 portraying the wildlife of the State. This stamp shall be
32 identified as a wildlife conservation stamp and the fee for
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1 each stamp shall be $5. The purchase of wildlife conservation
2 stamps shall provide no privileges to the purchaser, but
3 merely recognizes the person as voluntarily contributing to
4 the management, protection, and preservation of the wildlife
5 resources and habitats of the State. All moneys received
6 from the sale of wildlife conservation stamps, sale of
7 original artwork, reprints, and patches and related program
8 income shall be deposited in the Wildlife Conservation Fund.
9 All monies deposited as a result of this program shall be
10 used for the management, protection, and preservation of the
11 wildlife resources and habitats in this State and to pay the
12 costs of printing and distributing the stamps.
13 (Source: P.A. 83-1362; 83-1486.)
14 (20 ILCS 805/40-420 new)
15 (was 20 ILCS 805/63a36) (from Ch. 127, par. 63a36)
16 Sec. 40-420. Appropriations from Park and Conservation
17 Fund. The Department has the power 63a36. to expend monies
18 appropriated to the Department of Natural Resources from the
19 Park and Conservation Fund in the State treasury for
20 conservation and park purposes.
21 All revenue derived from fees paid for certificates of
22 title, duplicate certificates of title and corrected
23 certificates of title and deposited in the Park and
24 Conservation Fund, as provided for in Section 2-119 of the
25 Illinois Vehicle Code, shall be expended solely by the
26 Department of Natural Resources pursuant to an appropriation
27 for acquisition, development, and maintenance of bike paths,
28 including grants for the acquisition and development of bike
29 paths.
30 (Source: P.A. 89-445, eff. 2-7-96.)
31 (20 ILCS 805/40-425 new)
32 (was 20 ILCS 805/63b2.3) (from Ch. 127, par. 63b2.3)
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1 Sec. 40-425. Purchase of advertising. 63b2.3. The
2 Department of Natural Resources has the power and authority
3 to purchase advertising for the purpose of education programs
4 concerning conservation.
5 (Source: P.A. 89-445, eff. 2-7-96.)
6 (20 ILCS 805/40-430 new)
7 (was 20 ILCS 805/63b2.4) (from Ch. 127, par. 63b2.4)
8 Sec. 40-430. Sale of advertising. 63b2.4. The
9 Department of Natural Resources has the power and authority
10 to sell or exchange advertising rights in its publications
11 and printed materials. The sale of advertising shall be
12 subject to the rules and regulations promulgated by the
13 Department. All income received from the sale of advertising
14 shall be deposited in the Wildlife and Fish Fund, except that
15 income received from advertising in State Park brochures
16 shall be deposited into the State Parks Fund and income
17 received from advertising in boating or snowmobile program
18 literature shall be deposited in the State Boating Act Fund.
19 (Source: P.A. 88-130; 89-445, eff. 2-7-96.)
20 (20 ILCS 805/40-435 new)
21 (was 20 ILCS 805/63b2.5) (from Ch. 127, par. 63b2.5)
22 Sec. 40-435. Office of Conservation Resource Marketing.
23 63b2.5. The Department of Natural Resources shall maintain
24 an Office of Conservation Resource Marketing. The Office
25 shall conduct a program for marketing and promoting the use
26 of conservation resources in Illinois with emphasis on
27 recreation and tourism facilities. The Such Office shall
28 coordinate its tourism promotion efforts with local community
29 events and shall include a field staff which shall work with
30 the Department of Commerce and Community Affairs and local
31 officials to coordinate State and local activities for the
32 purpose of expanding tourism and local economies. The Office
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1 shall develop, review, and coordinate brochures and
2 information pamphlets for promoting the use of conservation
3 resources. The Office shall conduct marketing research to
4 identify organizations and target populations that which can
5 be encouraged to use Illinois recreation facilities for group
6 events and the many tourist sites.
7 The Director of Natural Resources shall submit an annual
8 report to the Governor and the General Assembly summarizing
9 the Office's its activities and including its recommendations
10 for improving the Department's tourism promotion and
11 marketing programs for conservation resources.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (20 ILCS 805/40-500 new)
14 (was 20 ILCS 805/63a12) (from Ch. 127, par. 63a12)
15 Sec. 40-500. Transfer from Department of Public Works
16 and Buildings. The Department has the power 63a12. to
17 exercise the rights, powers, and duties vested by law in the
18 Department of Public Works and Buildings as the successor of
19 the following agencies, their officers and employees: the
20 Illinois Park Commission, the Lincoln Homestead trustees, and
21 the board of commissioners of and for the Lincoln Monument
22 grounds.
23 (Source: Laws 1967, p. 1088.)
24 (20 ILCS 805/40-505 new)
25 (was 20 ILCS 805/63a31) (from Ch. 127, par. 63a31)
26 Sec. 40-505. Transfer from Illinois Bicentennial
27 Commission. The Department has the power 63a31. to exercise
28 the rights, powers, and duties of the Illinois Bicentennial
29 Commission under the "Illinois Bicentennial Commission Act",
30 approved August 2, 1972 (repealed) , as amended. All books,
31 records, equipment, and other property held by or in the
32 custody of Illinois Bicentennial Commission shall be
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1 transferred to the Department of Natural Resources (formerly
2 designated the Department of Conservation), which shall be
3 the successor agency to the Commission. Every person or
4 legal entity who entered into any agreement with the Illinois
5 Bicentennial Commission shall be subject to the same
6 obligations and duties and shall have the same rights as if
7 that person or legal entity had entered in the agreement with
8 the Department of Natural Resources.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 (20 ILCS 805/40-510 new)
11 (was 20 ILCS 805/63a13) (from Ch. 127, par. 63a13)
12 Sec. 40-510. Public monuments and memorials. The
13 Department has the power 63a13. to erect, supervise, and
14 maintain all public monuments and memorials erected by the
15 State, except when the supervision and maintenance thereof is
16 otherwise provided by law. Under the power granted by this
17 Section the Department shall (i) provide a site in Rock Cut
18 State Park for the Winnebago County Vietnam Veterans'
19 Memorial; and (ii) allow the Vietnam Veterans' Honor Society
20 to erect the Memorial of an agreed design.
21 (Source: P.A. 87-189.)
22 (20 ILCS 805/40-515 new)
23 (was 20 ILCS 805/63a28) (from Ch. 127, par. 63a28)
24 Sec. 40-515. Enforcement of laws and regulations. The
25 Department has the power 63a28. to enforce the laws of the
26 State and the rules and regulations of the Department in or
27 on any lands owned, leased, or managed by the Department and
28 any lands that are dedicated as a nature preserve or buffer
29 area under the "Illinois Natural Areas Preservation Act", as
30 now or hereafter amended.
31 (Source: P.A. 82-445.)
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1 (20 ILCS 805/40-520 new)
2 (was 20 ILCS 805/63a11) (from Ch. 127, par. 63a11)
3 Sec. 40-520. Operation of motorboats. The Department
4 has the power 63a11. to enforce the provisions of "An Act
5 regulating the operation of motorboats", approved July 18,
6 1947 (repealed).
7 (Source: Laws 1967, p. 1088.)
8 (20 ILCS 805/40-525 new)
9 (was 20 ILCS 805/63a15) (from Ch. 127, par. 63a15)
10 Sec. 40-525. Regulation of boats on lakes. The
11 Department has the power 63a15. to designate the size, type,
12 and kind of boats that may be used on lakes owned and
13 operated by the Department and to charge a reasonable annual
14 service, usage, or rental fee for the use of privately owned
15 boats on those such lakes.
16 (Source: Laws 1967, p. 1088.)
17 (20 ILCS 805/40-530 new)
18 (was 20 ILCS 805/63a9) (from Ch. 127, par. 63a9)
19 Sec. 40-530. Agents' entry on lands and waters. 63a9.
20 The officers, employees, and agents of the Department of
21 Natural Resources, for the purposes of investigation and to
22 exercise the rights, powers, and duties vested and that may
23 be vested in it, may enter and cross all lands and waters in
24 this State, doing no damage to private property.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 (20 ILCS 805/40-535 new)
27 (was 20 ILCS 805/63b2.2) (from Ch. 127, par. 63b2.2)
28 Sec. 40-535. Conservation Police Officers. 63b2.2. In
29 addition to the arrest powers prescribed by law, Conservation
30 Police Officers are conservators of the peace and as such
31 have all powers possessed by policemen, except that they may
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1 exercise those such powers anywhere in this State.
2 Conservation Police Officers acting under the authority of
3 this Section are considered employees of the Department and
4 are subject to its direction, benefits, and legal protection.
5 (Source: P.A. 83-483.)
6 (20 ILCS 805/40-540 new)
7 (was 20 ILCS 805/63b2.6) (from Ch. 127, par. 63b2.6)
8 Sec. 40-540. Enforcement of adjoining state's laws.
9 63b2.6. The Director of Natural Resources may grant
10 authority to the officers of any adjoining state who are
11 authorized and directed to enforce the laws of that state
12 relating to the protection of flora and fauna to take any of
13 the following actions and have the following powers within
14 the State of Illinois:
15 (1) To follow, seize, and return to the adjoining
16 state any flora or fauna or part thereof shipped or taken
17 from the adjoining state in violation of the laws of that
18 state and brought into this State.
19 (2) To dispose of any such flora or fauna or part
20 thereof under the supervision of an Illinois Conservation
21 Police Officer.
22 (3) To enforce as an agent of this State, with the
23 same powers as an Illinois Conservation Police Officer,
24 each of the following laws of this State:
25 (i) The Illinois Endangered Species Protection
26 Act. ;
27 (ii) The Fish and Aquatic Life Code. ;
28 (iii) The Wildlife Code. ;
29 (iv) The Wildlife Habitat Management Areas
30 Act. ;
31 (v) The Hunter Interference Prohibition Act. ;
32 (vi) The Illinois Non-Game Wildlife Protection
33 Act. ;
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1 (vii) The Ginseng Harvesting Act. ;
2 (viii) The State Forest Act. ;
3 (ix) The Forest Products Transportation Act. ;
4 (x) The Timber Buyers Licensing Act. .
5 Any officer of an adjoining state acting under a power or
6 authority granted by the Director of Natural Resources
7 pursuant to this Section shall act without compensation or
8 other benefits from this State and without this State having
9 any liability for the acts or omissions of that officer.
10 (Source: P.A. 89-445, eff. 2-7-96.)
11 (20 ILCS 1005/Art. 45 heading new)
12 ARTICLE 45. DEPARTMENT OF EMPLOYMENT SECURITY
13 (20 ILCS 1005/45-1 new)
14 Sec. 45-1. Article short title. This Article 45 of the
15 Civil Administrative Code of Illinois may be cited as the
16 Department of Employment Security Law.
17 (20 ILCS 1005/45-5 new)
18 Sec. 45-5. Definitions. In this Law:
19 "Department" means the Department of Employment Security.
20 "Director" means the Director of Employment Security.
21 (20 ILCS 1005/45-10 new)
22 (was 20 ILCS 1005/43a) (from Ch. 127, par. 43a)
23 Sec. 45-10 Powers, generally. 43a. The Department of
24 Employment Security has the powers enumerated in the
25 following Sections 43a.01 to 43a.12.
26 (Source: P.A. 84-1430.)
27 (20 ILCS 1005/45-15 new)
28 (was 20 ILCS 1005/43a.02) (from Ch. 127, par. 43a.02)
29 Sec. 45-15. Employment opportunities. The Department
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1 has the power 43a.02. to advance opportunities for
2 profitable employment.
3 (Source: P.A. 83-1503.)
4 (20 ILCS 1005/45-20 new)
5 (was 20 ILCS 1005/43a.04) (from Ch. 127, par. 43a.04)
6 Sec. 45-20. Statistical details of manufacturing
7 industries and commerce. The Department has the power
8 43a.04. to collect, collate, assort, systematize, and report
9 statistical details of the manufacturing industries and
10 commerce of the State.
11 (Source: P.A. 83-1503.)
12 (20 ILCS 1005/45-25 new)
13 (was 20 ILCS 1005/43a.05) (from Ch. 127, par. 43a.05)
14 Sec. 45-25. Labor information. The Department has the
15 power 43a.05. to acquire and diffuse useful information on
16 subjects connected with labor in the most general and
17 comprehensive sense of that word.
18 (Source: P.A. 83-1503.)
19 (20 ILCS 1005/45-30 new)
20 (was 20 ILCS 1005/43a.03) (from Ch. 127, par. 43a.03)
21 Sec. 45-30. Statistical details relating to departments
22 of labor. The Department has the power 43a.03. to collect,
23 collate, assort, systematize, and report statistical details
24 relating to all departments of labor, especially in its
25 relation to commercial, industrial, social, educational, and
26 sanitary conditions, and to the permanent prosperity of the
27 manufacturing and productive industries.
28 (Source: P.A. 83-1503.)
29 (20 ILCS 1005/45-35 new)
30 (was 20 ILCS 1005/43a.07) (from Ch. 127, par. 43a.07)
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1 Sec. 45-35. General conditions of leading industries.
2 The Department has the power 43a.07. to acquire information
3 and report upon the general conditions, so far as production
4 is concerned, of the leading industries of the State.
5 (Source: P.A. 83-1503.)
6 (20 ILCS 1005/45-40 new)
7 (was 20 ILCS 1005/43a.08) (from Ch. 127, par. 43a.08)
8 Sec. 45-40. Conditions of employment. The Department
9 has the power 43a.08. to acquire and diffuse information as
10 to the conditions of employment, and such other facts that as
11 may be deemed of value to the industrial interests of the
12 State.
13 (Source: P.A. 83-1503.)
14 (20 ILCS 1005/45-45 new)
15 (was 20 ILCS 1005/43a.06) (from Ch. 127, par. 43a.06)
16 Sec. 45-45. Prosperity of laboring men and women. The
17 Department has the power 43a.06. to acquire and diffuse
18 among the people useful information concerning the means of
19 promoting the material, social, intellectual, and moral
20 prosperity of laboring men and women.
21 (Source: P.A. 83-1503.)
22 (20 ILCS 1005/45-50 new)
23 (was 20 ILCS 1005/43a.11) (from Ch. 127, par. 43a.11)
24 Sec. 45-50. Welfare of wage earners. The Department has
25 the power 43a.11. to foster, promote, and develop the
26 welfare of wage earners.
27 (Source: P.A. 83-1503.)
28 (20 ILCS 1005/45-75 new)
29 (was 20 ILCS 1005/43a.12) (from Ch. 127, par. 43a.12)
30 Sec. 45-75. Jobs for summer employment of youth. The
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1 Department has the power 43a.12. to make available through
2 its the offices of the Department of Employment Security a
3 listing of all jobs available in each area for the summer
4 employment of youth.
5 (Source: P.A. 84-1430.)
6 (20 ILCS 1005/45-100 new)
7 (was 20 ILCS 1005/43a.01) (from Ch. 127, par. 43a.01)
8 Sec. 45-100. Free employment offices. The Department
9 has the power 43a.01. to exercise the rights, powers, and
10 duties vested by law in the superintendents and assistant
11 superintendents of free employment offices, the general
12 advisory board of free employment offices, local advisory
13 boards of free employment offices, and other officers and
14 employees of free employment offices.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-105 new)
17 (was 20 ILCS 1005/43a.09) (from Ch. 127, par. 43a.09)
18 Sec. 45-105. Administration of Unemployment Insurance
19 Act. The Department has the power 43a.09. to administer the
20 provisions of "the Unemployment Insurance Compensation Act,"
21 approved June 30, 1937, as amended, insofar as those such
22 provisions relate to the powers and duties of the Director of
23 the Department of Employment Security.
24 (Source: P.A. 83-1503.)
25 (20 ILCS 1005/45-110 new)
26 (was 20 ILCS 1005/44a) (from Ch. 127, par. 44a)
27 Sec. 45-110. Board of Review. 44a. The Board of Review
28 in the Department of Employment Security shall exercise all
29 powers and be subject to all duties conferred or imposed upon
30 the said Board by the provisions of the Unemployment
31 Insurance Compensation Act, enacted by the Sixtieth General
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1 Assembly, and by all amendments thereto or modifications
2 thereof, in its own name, and without any direction,
3 supervision, or control by the Director of Employment
4 Security.
5 (Source: P.A. 83-1503.)
6 (20 ILCS 1005/45-115 new)
7 (was 20 ILCS 1005/43a.10) (from Ch. 127, par. 43a.10)
8 Sec. 45-115. Transfer of lands to other State agency;
9 acquisition of federal lands. The Department has the power
10 43a.10. to transfer jurisdiction of any realty under the
11 control of the Department to any other department of the
12 State government, or to acquire or accept federal lands, when
13 the such transfer, acquisition, or acceptance is advantageous
14 to the State and is approved in writing by the Governor.
15 (Source: P.A. 83-1503.)
16 (20 ILCS 1005/45-120 new)
17 (was 20 ILCS 1005/43a.13) (from Ch. 127, par. 43a.13)
18 Sec. 45-120. Contracts for payment of compensation to
19 Department. The Department has the power 43a.13. to enter
20 into contracts that which may provide for payment of
21 negotiated royalties, licensing fees, or other compensation
22 to the Department.
23 (Source: P.A. 87-1178.)
24 (20 ILCS 1005/45-150 new)
25 (was 20 ILCS 5/34.2) (from Ch. 127, par. 34.2)
26 Sec. 45-150. Transfer from Department of Labor, Bureau
27 of Employment Security. 34.2. The Department of Employment
28 Security shall assume all rights, powers, duties, and
29 responsibilities of the Department of Labor, Bureau of
30 Employment Security as the successor to that Bureau. The
31 Bureau of Employment Security in the Department of Labor is
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1 hereby abolished.
2 Personnel, books, records, papers, documents, property,
3 real and personal, unexpended appropriations, and pending
4 business in any way pertaining to the former Department of
5 Labor, Bureau of Employment Security are transferred to the
6 Department of Employment Security, but any rights of
7 employees or the State under the "Personnel Code" or any
8 other contract or plan shall be unaffected by this transfer
9 hereby. No rule or regulation promulgated by the Department
10 of Labor pursuant to an exercise of any right, power, duty,
11 or responsibility transferred to the Department of Employment
12 Security shall be affected by this amendatory Act of 1984,
13 and all those such rules and regulations shall become the
14 rules and regulations of the Department of Employment
15 Security.
16 (Source: P.A. 83-1503.)
17 (20 ILCS 1405/Art. 55 heading new)
18 ARTICLE 55. DEPARTMENT OF INSURANCE
19 (20 ILCS 1405/55-1 new)
20 Sec. 55-1. Article short title. This Article 55 of the
21 Civil Administrative Code of Illinois may be cited as the
22 Department of Insurance Law.
23 (20 ILCS 1405/55-5 new)
24 (was 20 ILCS 1405/56) (from Ch. 127, par. 56)
25 Sec. 55-5. General powers. 56. The Department of
26 Insurance has the following powers shall have power:
27 (1) 1. To exercise the rights, powers, and duties
28 vested by law in the insurance superintendent and the
29 superintendent's, his officers and employes.;
30 (2) 2. To exercise the rights, powers, and duties
31 that which have been vested by law in the Department of
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1 Trade and Commerce as the successor of the insurance
2 superintendent and the superintendent's, his officers and
3 employes.;
4 (3) 3. To exercise the rights, powers, and duties
5 heretofore vested by law in the Department of Trade and
6 Commerce, or in the Director of Trade and Commerce, by:
7 (A) all laws in relation to insurance; and
8 (B) Article 22 of the "Illinois Pension
9 Code.", approved March 18, 1963, as amended;
10 (4) 4. To execute and administer all laws
11 heretofore or hereafter enacted, relating to insurance.
12 (5) 5. To transfer jurisdiction of any realty under
13 the control of the Department to any other department of
14 the State Government, or to acquire or accept federal
15 lands, when the such transfer, acquisition, or acceptance
16 is advantageous to the State and is approved in writing
17 by the Governor.
18 (Source: P.A. 83-333.)
19 (20 ILCS 1405/55-10 new)
20 (was 20 ILCS 1405/56.1) (from Ch. 127, par. 56.1)
21 Sec. 55-10. 56.1. Child health insurance plan study.
22 The Department of Insurance shall cooperate with and provide
23 consultation to the Department of Public Health in studying
24 the feasibility of a child health insurance plan as provided
25 in Section 90-275 55.61 of the Department of Public Health
26 Powers and Duties Law this Code.
27 (Source: P.A. 87-252.)
28 (20 ILCS 1405/55-15 new)
29 (was 20 ILCS 1405/56.2)
30 Sec. 55-15. 56.2. Senior citizen assistance and
31 information program.
32 (a) The Department of Insurance shall administer and
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1 operate a program to provide assistance and information to
2 senior citizens in relation to insurance matters. The
3 program may include, but is not limited to, counseling for
4 senior citizens in the evaluation, comparison, or selection
5 of medicare options, medicare supplement insurance, and
6 long-term care insurance.
7 (b) The Department shall recruit and train volunteers to
8 provide the following:
9 (i) one-on-one counseling on insurance matters; and
10 (ii) education on insurance matters to senior
11 citizens through public forums.
12 (c) The Department shall solicit the volunteers for
13 their input and advice on the success and accessibility of
14 the program.
15 (d) The Department shall strive to assure that all
16 seniors residing in Illinois have access to the program.
17 (e) The Department of Insurance may promulgate
18 reasonable rules necessary to implement this Section.
19 (Source: P.A. 89-224, eff. 1-1-96.)
20 (20 ILCS 1505/Art. 60 heading new)
21 ARTICLE 60. DEPARTMENT OF LABOR
22 (20 ILCS 1505/60-1 new)
23 Sec. 60-1. Article short title. This Article 60 of the
24 Civil Administrative Code of Illinois may be cited as the
25 Department of Labor Law.
26 (20 ILCS 1505/60-5 new)
27 Sec. 60-5. Definition. In this Law, "Department" means
28 the Department of Labor.
29 (20 ILCS 1505/60-10 new)
30 (was 20 ILCS 1505/43) (from Ch. 127, par. 43)
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1 Sec. 60-10. Powers, generally. 43. The Department of
2 Labor has the powers enumerated in the following Sections
3 43.01 to 43.21, each inclusive.
4 (Source: P.A. 86-610.)
5 (20 ILCS 1505/60-15 new)
6 (was 20 ILCS 1505/43.07) (from Ch. 127, par. 43.07)
7 Sec. 60-15. Welfare of wage earners. The Department has
8 the power 43.07. to foster, promote, and develop the welfare
9 of wage earners.
10 (Source: Laws 1953, p. 1442.)
11 (20 ILCS 1505/60-20 new)
12 (was 20 ILCS 1505/43.13) (from Ch. 127, par. 43.13)
13 Sec. 60-20. Prosperity of laboring men and women;
14 progress of women and minorities.
15 (a) The Department has the power 43.13. to acquire and
16 diffuse among the people useful information concerning the
17 means of promoting the material, social, intellectual, and
18 moral prosperity of laboring men and women.
19 (b) The Department shall monitor the employment progress
20 of women and minorities in the work force, including access
21 to the public sector, the private sector, labor unions, and
22 collective bargaining units. This information shall be
23 provided to the General Assembly in the form of an annual
24 report no later than April 1 of each year.
25 (Source: P.A. 87-405.)
26 (20 ILCS 1505/60-25 new)
27 (was 20 ILCS 1505/43.09) (from Ch. 127, par. 43.09)
28 Sec. 60-25. Opportunities for profitable employment.
29 The Department has the power 43.09. to advance opportunities
30 for profitable employment.
31 (Source: Laws 1953, p. 1442.)
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1 (20 ILCS 1505/60-30 new)
2 (was 20 ILCS 1505/43.08) (from Ch. 127, par. 43.08)
3 Sec. 60-30. Improving working conditions. The
4 Department has the power 43.08. to improve working
5 conditions.
6 (Source: Laws 1953, p. 1442.)
7 (20 ILCS 1505/60-35 new)
8 (was 20 ILCS 1505/43.10) (from Ch. 127, par. 43.10)
9 Sec. 60-35. Statistical details relating to departments
10 of labor. The Department has the power 43.10. to collect,
11 collate, assort, systematize, and report statistical details
12 relating to all departments of labor, especially in its
13 relation to commercial, industrial, social, educational, and
14 sanitary conditions, and to the permanent prosperity of the
15 manufacturing and productive industries.
16 (Source: Laws 1953, p. 1442.)
17 (20 ILCS 1505/60-40 new)
18 (was 20 ILCS 1505/43.12) (from Ch. 127, par. 43.12)
19 Sec. 60-40. Information on subjects connected with
20 labor. The Department has the power 43.12. to acquire and
21 diffuse useful information on subjects connected with labor
22 in the most general and comprehensive sense of that word.
23 (Source: Laws 1953, p. 1442.)
24 (20 ILCS 1505/60-45 new)
25 (was 20 ILCS 1505/43.15a) (from Ch. 127, par. 43.15a)
26 Sec. 60-45. Migrant agricultural labor. The Department
27 has the power 43.15a. to study the nature and extent of the
28 labor and employment problems of migrant agricultural labor,
29 with particular attention to its differences from the
30 problems of resident agricultural labor.
31 (Source: P.A. 77-1734.)
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1 (20 ILCS 1505/60-50 new)
2 (was 20 ILCS 1505/43.16) (from Ch. 127, par. 43.16)
3 Sec. 60-50. Prevention of accidents and occupational
4 diseases. The Department has the power 43.16 to acquire and
5 diffuse information in relation to the prevention of
6 accidents, occupational diseases, and other related subjects.
7 (Source: Laws 1953, p. 1442.)
8 (20 ILCS 1505/60-100 new)
9 (was 20 ILCS 1505/43.01) (from Ch. 127, par. 43.01)
10 Sec. 60-100. Commissioners of labor. The Department has
11 the power 43.01. to exercise the rights, powers, and duties
12 vested by law in the commissioners of labor and, the
13 secretary, and other officers and employees of the said
14 commissioners of labor.
15 (Source: Laws 1953, p. 1442.)
16 (20 ILCS 1505/60-105 new)
17 (was 20 ILCS 1505/43.03) (from Ch. 127, par. 43.03)
18 Sec. 60-105. Inspectors of private employment agencies.
19 The Department has the power 43.03 to exercise the rights,
20 powers, and duties vested by law in the chief inspector of
21 private employment agencies, inspectors of private employment
22 agencies, and their subordinate officers and employees.
23 (Source: Laws 1953, p. 1442.)
24 (20 ILCS 1505/60-110 new)
25 (was 20 ILCS 1505/43.04) (from Ch. 127, par. 43.04)
26 Sec. 60-110. Factory inspectors. The Department has the
27 power 43.04 to exercise the rights, powers, and duties vested
28 by law in the chief factory inspector, assistant chief
29 factory inspector, deputy factory inspector, and all other
30 officers and employees of the State factory inspection
31 service.
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1 (Source: Laws 1953, p. 1442.)
2 (20 ILCS 1505/60-115 new)
3 (was 20 ILCS 1505/43.05) (from Ch. 127, par. 43.05)
4 Sec. 60-115. State Board of Arbitration and
5 Conciliation. The Department has the power 43.05 to exercise
6 the rights, powers, and duties vested by law in the State
7 Board of Arbitration and Conciliation and, its officers and
8 employees.
9 (Source: Laws 1953, p. 1442.)
10 (20 ILCS 1505/60-120 new)
11 (was 20 ILCS 1505/43.17) (from Ch. 127, par. 43.17)
12 Sec. 60-120. Act in relation to payment of wages. The
13 Department has the power 43.17. to exercise the rights,
14 powers, and duties vested by law in the Department of Labor
15 under "An Act in relation to the payment of wages due
16 employees from their employers in certain cases, to provide
17 for the enforcement thereof through the Department of Labor,
18 and to prescribe penalties for the violation thereof",
19 approved July 9, 1937 (repealed), as amended.
20 (Source: Laws 1953, p. 1442.)
21 (20 ILCS 1505/60-150 new)
22 (was 20 ILCS 1505/43.20) (from Ch. 127, par. 43.20)
23 Sec. 60-150. Complaints by child care facility
24 employees. The Department has the power 43.20. to
25 investigate complaints, hold hearings, make determinations,
26 and take other actions with respect to complaints against
27 employers filed by employees of child care facilities
28 pursuant to Section 7.2 of the Child Care Act of 1969.
29 (Source: P.A. 85-987.)
30 (20 ILCS 1505/60-175 new)
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1 (was 20 ILCS 1505/43.19) (from Ch. 127, par. 43.19)
2 Sec. 60-175. Transfer of realty to other State agency;
3 acquisition of federal lands. The Department has the power
4 43.19. to transfer jurisdiction of any realty under the
5 control of the Department to any other department of the
6 State government, or to acquire or accept federal lands, when
7 the such transfer, acquisition, or acceptance is advantageous
8 to the State and is approved in writing by the Governor.
9 (Source: Laws 1953, p. 1442.)
10 (20 ILCS 1505/60-200 new)
11 (was 20 ILCS 1505/43.21) (from Ch. 127, par. 43.21)
12 Sec. 60-200. Criminal history record information. 43.21.
13 Whenever the Department is authorized or required by law to
14 consider some aspect of criminal history record information
15 for the purpose of carrying out its statutory powers and
16 responsibilities, then, upon request and payment of fees in
17 conformance with the requirements of subsection 22 of Section
18 100-400 55a of the Department of State Police Law (20 ILCS
19 2605/100-400) "The Civil Administrative Code of Illinois",
20 the Department of State Police is authorized to furnish,
21 pursuant to positive identification, any such information
22 contained in State files that as is necessary to fulfill the
23 request.
24 (Source: P.A. 86-610.)
25 (20 ILCS 1710/Art. 65 heading new)
26 ARTICLE 65. DEPARTMENT OF HUMAN SERVICES
27 (AS SUCCESSOR TO DEPARTMENT OF
28 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES)
29 (20 ILCS 1710/65-1 new)
30 Sec. 65-1. Article short title. This Article 65 of the
31 Administrative Code of Illinois may be cited as the
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1 Department of Human Services (Mental Health and Developmental
2 Disabilities) Law.
3 (20 ILCS 1710/65-5 new)
4 Sec. 65-5. Definitions. In this Law:
5 "Department" means the Department of Human Services.
6 "Secretary" means the Secretary of Human Services.
7 (20 ILCS 1710/65-10 new)
8 (was 20 ILCS 1710/53, subsec. (a), in part) (from Ch.
9 127, par. 53)
10 Sec. 65-10. Powers, generally. 53. (a) The Department
11 of Human Services has the powers described in Sections 65-15,
12 65-20, 65-25, and 65-100. power:
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (20 ILCS 1710/65-15 new)
15 (was 20 ILCS 1710/53, subdiv. (a)1) (from Ch. 127, par.
16 53)
17 Sec. 65-15. Mental Health and Developmental Disabilities
18 Administrative Act. The Department has the power 1. to
19 exercise the powers and duties set forth in the Mental Health
20 and Developmental Disabilities Administrative Act.
21 (Source: P.A. 89-507, eff. 7-1-97.)
22 (20 ILCS 1710/65-20 new)
23 (was 20 ILCS 1710/53, subdivs. (a)2 and (a)4) (from Ch.
24 127, par. 53)
25 Sec. 65-20. Mental Health and Developmental Disabilities
26 Code.
27 (a) The Department has the power 2. to administer the
28 provisions of the Mental Health and Developmental
29 Disabilities Code that which pertain to the responsibilities
30 of the Department of Human Services.
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1 (b) The Department has the power 4. to initiate
2 injunction proceedings wherever it appears to the Secretary
3 of Human Services that any person, group of persons, or
4 corporation is engaged or about to engage in any acts or
5 practices that which constitute or will constitute a
6 violation of the Mental Health and Developmental Disabilities
7 Code or any rule or regulation prescribed under authority of
8 that Code thereof. The Secretary of Human Services may, in
9 his or her discretion, through the Attorney General, file a
10 complaint and apply for an injunction, and upon a proper
11 showing, any circuit court may issue a permanent or
12 preliminary injunction or a temporary restraining order
13 without bond to enforce that Code, rule, or regulation such
14 Acts in addition to the penalties and other remedies provided
15 in that Code, rule, or regulation. such Acts and Either party
16 may appeal as in other civil cases.
17 (Source: P.A. 89-507, eff. 7-1-97.)
18 (20 ILCS 1710/65-25 new)
19 (was 20 ILCS 1710/53, subdiv. (a)3) (from Ch. 127, par.
20 53)
21 Sec. 65-25. Escaped Inmate Damages Act. The Department
22 has the power 3. To exercise the powers and fulfill the
23 duties assigned the Department by the Escaped Inmate Damages
24 Act.
25 (Source: P.A. 89-507, eff. 7-1-97.)
26 (20 ILCS 1710/65-30 new)
27 (was 20 ILCS 1710/53a) (from Ch. 127, par. 53a)
28 Sec. 65-30. Specialized living centers. 53a. The
29 Department of Human Services shall exercise the powers and
30 perform the functions and duties as prescribed in the
31 Specialized Living Centers Act.
32 (Source: P.A. 89-507, eff. 7-1-97.)
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1 (20 ILCS 1710/65-50 new)
2 (was 20 ILCS 1710/53, subdiv. (a)5) (from Ch. 127, par.
3 53)
4 Sec. 65-50. Security force. The Department has the power
5 5. to appoint, subject to the Personnel Code, members of a
6 security force who shall be authorized to transport
7 recipients between Department facilities or other locations,
8 search for and attempt to locate and transport missing
9 recipients, enforce Section 47 of the Mental Health and
10 Developmental Disabilities Administrative Act, and perform
11 other required duties. The director of a mental health or
12 developmental disability facility shall have authority to
13 direct security forces. This authorization shall remain in
14 effect even if security forces are transporting recipients
15 across county or State boundaries. Security forces
16 performing their duties shall be indemnified as provided
17 under the State Employee Indemnification Act.
18 (Source: P.A. 89-507, eff. 7-1-97.)
19 (20 ILCS 1710/65-75 new)
20 (was 20 ILCS 1710/65-53, subsec. (b)) (from Ch. 127, par.
21 53)
22 Sec. 65-75. Criminal history record information.
23 (b) Whenever the Department is authorized or required by law
24 to consider some aspect of criminal history record
25 information for the purpose of carrying out its statutory
26 powers and responsibilities, then, upon request and payment
27 of fees in conformance with the requirements of subsection 22
28 of Section 100-400 55a of the Department of State Police Law
29 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
30 the Department of State Police is authorized to furnish,
31 pursuant to positive identification, the such information
32 contained in State files that as is necessary to fulfill the
33 request.
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1 (Source: P.A. 89-507, eff. 7-1-97.)
2 (20 ILCS 1710/65-100 new)
3 (was 20 ILCS 1710/53d)
4 Sec. 65-100. Grants to Illinois Special Olympics. 53d.
5 The Department of Human Services shall make grants to the
6 Illinois Special Olympics for area and statewide athletic
7 competitions from appropriations to the Department from the
8 Illinois Special Olympics Checkoff Fund, a special fund
9 created in the State treasury.
10 (Source: P.A. 88-459; 89-507, eff. 7-1-97.)
11 (20 ILCS 1905/Art. 70 heading new)
12 ARTICLE 70. DEPARTMENT OF NATURAL
13 RESOURCES (MINES AND MINERALS)
14 (20 ILCS 1905/70-1 new)
15 Sec. 70-1. Article short title. This Article 70 of the
16 Civil Administrative Code of Illinois may be cited as the
17 Department of Natural Resources (Mines and Minerals) Law.
18 (20 ILCS 1905/70-5 new)
19 Sec. 70-5. Definition. In this Law, "Department" means
20 the Department of Natural Resources.
21 (20 ILCS 1905/70-10 new)
22 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
23 Sec. 70-10. Powers, generally. 45. The Department has
24 the powers described in Sections 70-15, 70-20, 70-25, 70-30,
25 70-40, 70-45, 70-50, 70-90, 70-100, and 70-200. of Natural
26 Resources shall have power:
27 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
28 (20 ILCS 1905/70-15 new)
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1 (was 20 ILCS 1905/45, par. 1) (from Ch. 127, par. 45)
2 Sec. 70-15. Mine accidents. The Department has the power
3 1. to acquire and diffuse information concerning the nature,
4 causes, and prevention of mine accidents.;
5 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
6 (20 ILCS 1905/70-20 new)
7 (was 20 ILCS 1905/45, par. 2) (from Ch. 127, par. 45)
8 Sec. 70-20. Mine methods, conditions, and equipment. The
9 Department has the power 2. to acquire and diffuse
10 information concerning the improvement of methods,
11 conditions, and equipment of mines, with special reference to
12 health, safety, and conservation of mineral resources.;
13 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
14 (20 ILCS 1905/70-25 new)
15 (was 20 ILCS 1905/45, par. 3) (from Ch. 127, par. 45)
16 Sec. 70-25. Economic conditions affecting mineral
17 industries. The Department has the power 3. to make
18 inquiries into the economic conditions affecting the mining,
19 quarrying, metallurgical, clay, oil, and other mineral
20 industries.;
21 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
22 (20 ILCS 1905/70-30 new)
23 (was 20 ILCS 1905/45, par. 4) (from Ch. 127, par. 45)
24 Sec. 70-30. Technical efficiency of persons working in
25 mines. The Department has the power 4. to promote the
26 technical efficiency of all persons working in and about the
27 mines of the State, and to assist them better to overcome the
28 increasing difficulties of mining, and for that purpose to
29 provide bulletins, traveling libraries, lectures,
30 correspondence work, classes for systematic instruction, or
31 meetings for the reading and discussion of papers, and to
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1 that end to cooperate with the University of Illinois.;
2 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
3 (20 ILCS 1905/70-35 new)
4 (was 20 ILCS 1905/47)
5 Sec. 70-35. 47. Coal quality testing program. The
6 Department's Department of Natural Resources' analytical
7 laboratory is authorized to test the quality of coal
8 delivered under State coal purchase contracts. The
9 Department shall establish, by rule, the fee charged to
10 defray the costs of this coal quality testing program.
11 (Source: P.A. 88-599, eff. 9-1-94; 89-445, eff. 2-7-96.)
12 (20 ILCS 1905/70-40 new)
13 (was 20 ILCS 1905/45, par. 10) (from Ch. 127, par. 45)
14 Sec. 70-40. Use of coal combustion by-products. The
15 Department has the power 10. to foster the utilization of
16 coal combustion by-products for the benefaction of soils in
17 the reclamation of previously surface-mined areas and in the
18 stabilization of final cuts, in the stabilization of
19 underground mined-out areas to mitigate subsidence of surface
20 lands, and in the reduction of acid mine drainage.
21 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
22 (20 ILCS 1905/70-45 new)
23 (was 20 ILCS 1905/45, par. 5) (from Ch. 127, par. 45)
24 Sec. 70-45. Violations of Act concerning use of Illinois
25 coal. The Department has the power 5. to investigate
26 violations of "An Act concerning the use of Illinois mined
27 coal in certain plants and institutions,", filed July 13,
28 1937 (repealed), and to institute proceedings for the
29 prosecution of violators of that Act thereof in circuit
30 courts.;
31 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
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1 (20 ILCS 1905/70-50 new)
2 (was 20 ILCS 1905/45, pars. 7 and 8) (from Ch. 127, par.
3 45)
4 Sec. 70-50. Violations of Coal Mining Act.
5 (a) The Department has the power 7. to investigate
6 violations of the Coal Mining Act and regulations issued
7 pursuant to that Act; to institute criminal proceedings for
8 prosecution of such a violation; and to institute civil
9 actions for relief, including applications for temporary
10 restraining orders and preliminary and permanent injunctions,
11 or any other appropriate action to enforce any order, notice,
12 or decision of the Director, the Mining Board, the Department
13 of Natural Resources, or the Director of the Office of Mines
14 and Minerals.
15 (b) The Department has the power 8. To call or subpoena
16 witnesses, documents, or other evidence for the purpose of
17 conducting hearings pursuant to the Illinois Coal Mining Act
18 and to administer oaths and compensate witnesses pursuant to
19 that Act such statutes made and provided.
20 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
21 (20 ILCS 1905/70-75 new)
22 (was 20 ILCS 1905/46) (from Ch. 127, par. 46)
23 Sec. 70-75. Permits for diesel powered equipment or
24 explosives in underground coal mines. 46. During the period
25 commencing with the effective date of this amendatory Act and
26 ending January 1, 1986, the Department shall not issue any
27 new permits allowing the use of diesel powered equipment or
28 explosives while persons are working in any underground coal
29 mine, except that mines presently using such diesel equipment
30 or explosives shall not be prohibited from continuing that
31 such use. Nothing in this Section shall be interpreted or
32 construed so as to prohibit the use of compressed air as an
33 explosive in any underground coal mine.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 1905/70-90 new)
3 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
4 Sec. 70-90. State Mining Board. Any statute that which by
5 its terms is to be administered by the State Mining Board
6 shall be administered by the Board without any direction,
7 supervision, or control by the Director of Natural Resources
8 or the Director of the Office of Mines and Minerals, except
9 that which the Director of the Office may exercise by virtue
10 of being a member of the Board and except as may be provided
11 in the statute.
12 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
13 (20 ILCS 1905/70-100 new)
14 (was 20 ILCS 1905/45, par. 9) (from Ch. 127, par. 45)
15 Sec. 70-100. Public inspection of records. The Department
16 has the power 9. to make all records of the Department open
17 for inspection by interested persons and the public.
18 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
19 (20 ILCS 1905/70-105 new)
20 (was 20 ILCS 1905/45.2) (from Ch. 127, par. 45.2)
21 Sec. 70-105. Proof of records in legal proceedings; fee
22 for certification. 45.2. The papers, entries, and records of
23 the Department of Natural Resources or parts thereof may be
24 proved in any legal proceeding by a copy thereof certified
25 under the signature of the keeper thereof in the name of the
26 Department with a seal of the Department attached. A fee of
27 $1.00 shall be paid to the Department of Natural Resources
28 for the such certification.
29 (Source: P.A. 89-445, eff. 2-7-96.)
30 (20 ILCS 1905/70-110 new)
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1 (was 20 ILCS 1905/45.1) (from Ch. 127, par. 45.1)
2 Sec. 70-110. Verified documents; penalty for fraud. 45.1.
3 Applications and other documents filed for the purpose of
4 obtaining permits, certificates, or other licenses under Acts
5 administered by the Department of Natural Resources shall be
6 verified or contain written affirmation that they are signed
7 under the penalties of perjury. A person who knowingly signs
8 a fraudulent document commits perjury as defined in Section
9 32-2 of the Criminal Code of 1961 and for the purpose of this
10 Section shall be guilty of a Class A misdemeanor.
11 (Source: P.A. 89-445, eff. 2-7-96.)
12 (20 ILCS 1905/70-150 new)
13 (was 20 ILCS 1905/45, in part) (from Ch. 127, par. 45)
14 Sec. 70-150. Criminal history record information.
15 Whenever the Department is authorized or required by law to
16 consider some aspect of criminal history record information
17 for the purpose of carrying out its statutory powers and
18 responsibilities, then upon request and payment of fees in
19 conformance with the requirements of subsection 22 of Section
20 100-400 55a of the Department of State Police Law (20 ILCS
21 2605/100-400) "The Civil Administrative Code of Illinois",
22 the Department of State Police is authorized to furnish,
23 pursuant to positive identification, the such information
24 contained in State files that as is necessary to fulfill the
25 request.
26 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
27 (20 ILCS 1905/70-200 new)
28 (was 20 ILCS 1905/45, par. 6) (from Ch. 127, par. 45)
29 Sec. 70-200. Transfer of realty to other State agency;
30 acquisition of federal lands. The Department has the power
31 6. to transfer jurisdiction of any realty under the control
32 of the Department to any other department of the State
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1 government, or to acquire or accept federal lands, when the
2 such transfer, acquisition, or acceptance is advantageous to
3 the State and is approved in writing by the Governor.
4 (Source: P.A. 89-93, eff. 7-6-95; 89-445, eff. 2-7-96.)
5 (20 ILCS 2005/Art. 75 heading new)
6 ARTICLE 75. DEPARTMENT OF NUCLEAR SAFETY
7 (20 ILCS 2005/75-1 new)
8 Sec. 75-1. Article short title. This Article 75 of the
9 Civil Administrative Code of Illinois may be cited as the
10 Department of Nuclear Safety Law.
11 (20 ILCS 2005/75-5 new)
12 Sec. 75-5. Definitions. In this Law:
13 "Department" means the Department of Nuclear Safety.
14 "Director" means the Director of Nuclear Safety.
15 (20 ILCS 2005/75-10 new)
16 (was 20 ILCS 2005/71, subsec. A) (from Ch. 127, par.
17 63b17)
18 Sec. 75-10. Powers vested in Department of Public Health.
19 71. A. The Department of Nuclear Safety shall exercise,
20 administer, and enforce all rights, powers, and duties vested
21 in the Department of Public Health by the following named
22 Acts or Sections of those Acts thereof:
23 (1) 1. The Radiation Installation Act.
24 (2) 2. The Radiation Protection Act of 1990.
25 (3) 3. The Radioactive Waste Storage Act.
26 (4) 4. The Personnel Radiation Monitoring Act.
27 (5) 5. The Laser System Act.
28 (6) 6. The Illinois Nuclear Safety Preparedness
29 Act.
30 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
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1 revised 3-11-96.)
2 (20 ILCS 2005/75-15 new)
3 (was 20 ILCS 2005/71, subsec. B) (from Ch. 127, par.
4 63b17)
5 Sec. 75-15. Powers relating to Commission on Atomic
6 Energy. B. All the rights, powers, and duties vested in the
7 Director of Public Health by "An Act to create the Illinois
8 Commission on Atomic Energy, defining the powers and duties
9 of the Commission, and making an appropriation therefor",
10 effective September 10, 1971 (repealed), as amended, are
11 transferred to the Director of Nuclear Safety. The Director
12 of Nuclear Safety, after December 3, 1980 (the effective date
13 of Public this amendatory Act 81-1516) of 1980, shall serve
14 as an ex officio member of the Illinois Commission on Atomic
15 Energy in the place and stead of the Director of Public
16 Health.
17 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
18 revised 3-11-96.)
19 (20 ILCS 2005/75-20 new)
20 (was 20 ILCS 2005/71, subsec. H) (from Ch. 127, par.
21 63b17)
22 Sec. 75-20. Nuclear and radioactive materials disposal
23 plan. H. The Department of Nuclear Safety shall formulate a
24 comprehensive plan regarding disposal of nuclear and
25 radioactive materials in this State. The Department shall
26 establish minimum standards for disposal sites, shall
27 evaluate and publicize potential effects on the public health
28 and safety, and shall report to the Governor and General
29 Assembly all violations of the adopted standards. In
30 carrying out this function, the Department of Nuclear Safety
31 shall work in cooperation with the Illinois Commission on
32 Atomic Energy and the Radiation Protection Advisory Council.
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1 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
2 revised 3-11-96.)
3 (20 ILCS 2005/75-25 new)
4 (was 20 ILCS 2005/71, subsec. E) (from Ch. 127, par.
5 63b17)
6 Sec. 75-25. Radiation sources; radioactive waste
7 disposal. E. The Department of Nuclear Safety, in lieu of
8 the Department of Public Health, shall register, license,
9 inspect, and control radiation sources, and shall purchase,
10 lease, accept, or acquire lands, buildings, and grounds where
11 radioactive wastes can be disposed, and shall to supervise
12 and regulate the operation of the disposal sites.
13 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
14 revised 3-11-96.)
15 (20 ILCS 2005/70-30 new)
16 (was 20 ILCS 2005/72) (from Ch. 127, par. 63b18)
17 Sec. 75-30. Nuclear waste sites. 72.
18 (a) The Department of Nuclear Safety shall conduct a
19 survey and prepare and publish a list of sites in the State
20 where nuclear waste has been deposited, treated, or stored.
21 (b) The Department shall monitor nuclear waste
22 processing, use, handling, storage, and disposal practices in
23 the State, and shall determine existing and expected rates of
24 production of nuclear wastes.
25 (c) The Department shall compile and make available to
26 the public an annual report identifying the types and
27 quantities of nuclear waste generated, stored, treated, or
28 disposed of within this State and containing the other
29 information required to be collected under this Section.
30 (Source: P.A. 83-906.)
31 (20 ILCS 2005/75-35 new)
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1 (was 20 ILCS 2005/71, subsec. C) (from Ch. 127, par.
2 63b17)
3 Sec. 75-35. Boiler and pressure vessel safety. C. The
4 Department of Nuclear Safety shall exercise, administer, and
5 enforce all of the following rights, powers, and duties:
6 (1) Rights, powers, and duties 1. vested in the Office
7 of the State Fire Marshal by the Boiler and Pressure Vessel
8 Safety Act, to the extent the rights, powers, and duties
9 relate to nuclear steam-generating facilities.
10 (2) Rights, powers, and duties 2. As relating to
11 nuclear steam-generating facilities, vested in the Board of
12 Boiler and Pressure Vessel Rules by the Boiler and Pressure
13 Vessel Safety Act, which include includes but are not limited
14 to the formulation of definitions, rules and regulations for
15 the safe and proper construction, installation, repair, use,
16 and operation of nuclear steam-generating facilities, the
17 adoption of rules for already installed nuclear
18 steam-generating facilities, the adoption of rules for
19 accidents in nuclear steam-generating facilities, the
20 examination for or suspension of inspectors' licenses of the
21 facilities, and the hearing of appeals from decisions
22 relating to the facilities.
23 (3) Rights, powers, and duties 3. As relating to
24 nuclear steam-generating facilities, vested in the State Fire
25 Marshal or the Chief Inspector by the Boiler and Pressure
26 Vessel Safety Act, which include but are not limited to the
27 employment of inspectors of nuclear steam-generating
28 facilities, issuance or suspension of their commissions,
29 prosecution of the Act or rules promulgated thereunder for
30 violations by nuclear steam-generating facilities,
31 maintenance of inspection records of all the facilities,
32 publication of rules relating to the facilities, having free
33 access to the facilities, issuance of inspection certificates
34 of the facilities, and the furnishing of bonds conditioned
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1 upon the faithful performance of their duties. The Director
2 of Nuclear Safety may designate a Chief Inspector, or other
3 inspectors, as he or she deems necessary to perform the
4 functions transferred by this Section subsection C.
5 The transfer of rights, powers, and duties specified in
6 the immediately preceding paragraphs (1), (2), 1, 2, and (3)
7 3 is limited to the program transferred by Public this
8 amendatory Act 81-1516 of 1980 and shall not be deemed to
9 abolish or diminish the exercise of those same rights,
10 powers, and duties by the Office of the State Fire Marshal,
11 the Board of Boiler and Pressure Vessel Rules, the State Fire
12 Marshal, or the Chief Inspector with respect to programs
13 retained by the Office of the State Fire Marshal.
14 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
15 revised 3-11-96.)
16 (20 ILCS 2005/75-40 new)
17 (was 20 ILCS 2005/71, subsec. D) (from Ch. 127, par.
18 63b17)
19 Sec. 75-40. Powers vested in Environmental Protection
20 Agency. D. The Department of Nuclear Safety shall exercise,
21 administer, and enforce all rights, powers, and duties vested
22 in the Environmental Protection Agency by paragraphs a, b, c,
23 d, e, f, g, h, i, j, k, l, m, n, o, p, q, and r of Section 4
24 and by Sections 30 through 45 30-45 inclusive of the
25 Environmental Protection Act, to the extent that these powers
26 relate to standards of the Pollution Control Board adopted
27 under subsection K of this Section 75-45. The transfer of
28 rights, powers, and duties specified in this paragraph is
29 limited to the program transferred by Public this amendatory
30 Act 81-1516 of 1980 and shall not be deemed to abolish or
31 diminish the exercise of those same rights, powers, and
32 duties by the Environmental Protection Agency with respect to
33 programs retained by the Environmental Protection Agency.
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1 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
2 revised 3-11-96.)
3 (20 ILCS 2005/75-45 new)
4 (was 20 ILCS 2005/71, subsec. K) (from Ch. 127, par.
5 63b17)
6 Sec. 75-45. Pollution Control Board regulations
7 concerning nuclear plants. K. The Department of Nuclear
8 Safety shall enforce the regulations promulgated by the
9 Pollution Control Board under Section 25b of the
10 Environmental Protection Act. Under these regulations the
11 Department shall require that a person, corporation, or
12 public authority intending to construct a nuclear
13 steam-generating facility or a nuclear fuel reprocessing
14 plant file with the Department an environmental feasibility
15 report that incorporates the data provided in the preliminary
16 safety analysis required to be filed with the United States
17 Nuclear Regulatory Commission.
18 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
19 revised 3-11-96.)
20 (20 ILCS 2005/75-50 new)
21 (was 20 ILCS 2005/71, subsec. J) (from Ch. 127, par.
22 63b17)
23 Sec. 75-50. Regulation of nuclear safety. J. The
24 Department of Nuclear Safety shall have primary
25 responsibility for the coordination and oversight of all
26 State governmental functions concerning the regulation of
27 nuclear power, including low level waste management,
28 environmental monitoring, and transportation of nuclear
29 waste. Functions performed on December 3, 1980 (the
30 effective date of Public this amendatory Act 81-1516) of 1980
31 by the Department of State Police, the Department of
32 Transportation, and the Illinois Emergency Management Agency
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1 in the area of nuclear safety may continue to be performed by
2 these agencies but under the direction of the Department of
3 Nuclear Safety. All other governmental functions regulating
4 nuclear safety shall be coordinated by Department of Nuclear
5 Safety.
6 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
7 revised 3-11-96.)
8 (20 ILCS 2005/75-55 new)
9 (was 20 ILCS 2005/71, subsec. L) (from Ch. 127, par.
10 63b17)
11 Sec. 75-55. Personnel transferred. L. Personnel
12 previously assigned to the programs transferred from the
13 Department of Public Health and the Office of the State Fire
14 Marshal are hereby transferred to the Department of Nuclear
15 Safety. The rights of the employees, the State, and
16 executive agencies under the Personnel Code, or any
17 collective bargaining agreement, or under any pension,
18 retirement, or annuity plan shall not be affected by Public
19 this amendatory Act 81-1516 of 1980.
20 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
21 revised 3-11-96.)
22 (20 ILCS 2005/75-60 new)
23 (was 20 ILCS 2005/71, subsec. M) (from Ch. 127, par.
24 63b17)
25 Sec. 75-60. Records and property transferred. M. All
26 books, records, papers, documents, property (real or
27 personal), unexpended appropriations, and pending business in
28 any way pertaining to the rights, powers, and duties
29 transferred by Public this amendatory Act 81-1516 of 1980
30 shall be delivered and transferred to the Department of
31 Nuclear Safety.
32 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
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1 revised 3-11-96.)
2 (20 ILCS 2005/75-65 new)
3 (was 20 ILCS 2005/71, subsec. F) (from Ch. 127, par.
4 63b17)
5 Sec. 75-65. Nuclear accident plan. F. The Department of
6 Nuclear Safety shall have primary responsibility to formulate
7 a comprehensive emergency preparedness and response plan for
8 any nuclear accident, and shall develop such a plan in
9 cooperation with the Illinois Emergency Management Agency.
10 The Department of Nuclear Safety shall also train and
11 maintain an emergency response team.
12 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
13 revised 3-11-96.)
14 (20 ILCS 2005/75-70 new)
15 (was 20 ILCS 2005/71, subsec. G) (from Ch. 127, par.
16 63b17)
17 Sec. 75-70. Nuclear and radioactive materials
18 transportation plan. G. The Department of Nuclear Safety
19 shall formulate a comprehensive plan regarding the
20 transportation of nuclear and radioactive materials in
21 Illinois. The Department shall have primary responsibility
22 for all State governmental regulation of the transportation
23 of nuclear and radioactive materials, insofar as the
24 regulation pertains to the public health and safety. This
25 responsibility shall include but not be limited to the
26 authority to oversee and coordinate regulatory functions
27 performed by the Department of Transportation, the Department
28 of State Police, and the Illinois Commerce Commission.
29 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
30 revised 3-11-96.)
31 (20 ILCS 2005/75-75 new)
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1 (was 20 ILCS 2005/71, subsec. I) (from Ch. 127, par.
2 63b17)
3 Sec. 75-75. State nuclear power policy. I. The
4 Department of Nuclear Safety, in cooperation with the
5 Department of Natural Resources, shall study (i) (a) the
6 impact and cost of nuclear power and compare these to the
7 impact and cost of alternative sources of energy, (ii) (b)
8 the potential effects on the public health and safety of all
9 radioactive emissions from nuclear power plants, and (iii)
10 (c) all other factors that bear on the use of nuclear power
11 or on nuclear safety. The Department shall formulate a
12 general nuclear policy for the State based on the findings of
13 the study. The policy shall include but not be limited to
14 the feasibility of continued use of nuclear power, effects of
15 the use of nuclear power on the public health and safety,
16 minimum acceptable standards for the location of any future
17 nuclear power plants, and rules and regulations for the
18 reporting by public utilities of radioactive emissions from
19 power plants. The Department shall establish a reliable
20 system for communication between the public and the
21 Department and for dissemination of information by the
22 Department. The Department shall publicize the findings of
23 all studies and make the publications reasonably available to
24 the public.
25 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
26 revised 3-11-96.)
27 (20 ILCS 2005/75-80 new)
28 (was 20 ILCS 2005/71, subsec. N) (from Ch. 127, par.
29 63b17)
30 Sec. 75-80. Data available to Department of Public
31 Health. N. All files, records, and data gathered by or under
32 the direction or authority of the Director under the Civil
33 Administrative Code of Illinois this Act shall be made
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1 available to the Department of Public Health under the
2 Illinois Health and Hazardous Substances Registry Act.
3 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
4 revised 3-11-96.)
5 (20 ILCS 2005/75-85 new)
6 (was 20 ILCS 2005/71, subsec. O) (from Ch. 127, par.
7 63b17)
8 Sec. 75-85. No accreditation, certification, or
9 registration if in default on educational loan. O. The
10 Department shall not issue or renew to any individual any
11 accreditation, certification, or registration (but excluding
12 registration under the Radiation Installation Act) otherwise
13 issued by the Department if the individual has defaulted on
14 an educational loan guaranteed by the Illinois Student
15 Assistance Commission; however, the Department may issue or
16 renew an accreditation, certification, or registration if the
17 individual has established a satisfactory repayment record as
18 determined by the Illinois Student Assistance Commission.
19 Additionally, any accreditation, certification, or
20 registration issued by the Department (but excluding
21 registration under the Radiation Installation Act) may be
22 suspended or revoked if the Department, after the opportunity
23 for a hearing under the appropriate accreditation,
24 certification, or registration Act, finds that the holder has
25 failed to make satisfactory repayment to the Illinois Student
26 Assistance Commission for a delinquent or defaulted loan.
27 For purposes of this Section, "satisfactory repayment record"
28 shall be defined by rule.
29 (Source: P.A. 89-411, eff. 6-1-96; 89-445, eff. 2-7-96;
30 revised 3-11-96.)
31 (20 ILCS 2105/Art. 80 heading new)
32 ARTICLE 80. DEPARTMENT OF
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1 PROFESSIONAL REGULATION
2 (20 ILCS 2105/80-1 new)
3 Sec. 80-1. Article short title. This Article 80 of the
4 Civil Administrative Code of Illinois may be cited as the
5 Department of Professional Regulation Law.
6 (20 ILCS 2105/80-5 new)
7 (was 20 ILCS 2105/60b) (from Ch. 127, par. 60b)
8 Sec. 80-5. Definitions.
9 (a) In this Law:
10 "Department" means the Department of Professional
11 Regulation.
12 "Director" means the Director of Professional Regulation.
13 (b) Sec. 60b. In the construction of Sections 80-10,
14 80-100, 80-105, 80-110, 80-115, 80-120, 80-125, 80-175, and
15 80-325 60, 60a, 60b, 60c, 60d, 60e, 60f, 60g, 60h, 60i, 60j,
16 60k, and 60L, the following definitions shall govern unless
17 the context otherwise clearly indicates:.
18 "Department" shall mean the Department of Professional
19 Regulation.
20 "Registrant" shall mean a person who holds or claims to
21 hold a certificate as defined herein.
22 "Certificate" shall mean a license, certificate of
23 registration, permit or other authority purporting to be
24 issued or conferred by the department by virtue or authority
25 of which the registrant has or claims the right to engage in
26 a profession, trade, occupation or operation of which the
27 department has jurisdiction.
28 "Board" means shall mean the board of persons designated
29 for a profession, trade, or occupation under the provisions
30 of any Act now or hereafter in force whereby the jurisdiction
31 of that such profession, trade, or occupation is devolved on
32 the Department.
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1 "Certificate" means a license, certificate of
2 registration, permit, or other authority purporting to be
3 issued or conferred by the Department by virtue or authority
4 of which the registrant has or claims the right to engage in
5 a profession, trade, occupation, or operation of which the
6 Department has jurisdiction.
7 "Registrant" means a person who holds or claims to hold a
8 certificate.
9 (Source: P.A. 85-225.)
10 (20 ILCS 2105/80-10 new)
11 (was 20 ILCS 2105/61d)
12 Sec. 80-10. 61d. Legislative declaration of public
13 policy. The practice of the regulated professions, trades,
14 and occupations in Illinois is hereby declared to affect the
15 public health, safety, and welfare of the People of this
16 State and in the public interest is subject to regulation and
17 control by the Department of Professional Regulation.
18 It is further declared to be a matter of public interest
19 and concern that standards of competency and stringent
20 penalties for those who violate the public trust be
21 established to protect the public from unauthorized or
22 unqualified persons representing one of the regulated
23 professions, trades, or occupations; and to that end, the
24 General Assembly shall appropriate the necessary funds for
25 the ordinary and necessary expenses of these public interests
26 and concerns as they may exceed the funding available from
27 the revenues collected from the fees and fines from the
28 regulated professions, trades, and occupations.
29 (Source: P.A. 89-204, eff. 1-1-96.)
30 (20 ILCS 2105/80-15 new)
31 (was 20 ILCS 2105/60) (from Ch. 127, par. 60)
32 Sec. 80-15. General powers and duties. 60.
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1 (a) The Department has of Professional Regulation shall
2 have, subject to the provisions of the Civil Administrative
3 Code of Illinois this Act, the following powers and duties:
4 (1) 1. To authorize examinations in English to
5 ascertain the qualifications and fitness of applicants to
6 exercise the profession, trade or occupation for which
7 the examination is held.
8 (2) 2. To prescribe rules and regulations for a
9 fair and wholly impartial method of examination of
10 candidates to exercise the respective professions,
11 trades, or occupations.
12 (3) 3. To pass upon the qualifications of
13 applicants for licenses, certificates, and authorities,
14 whether by examination, by reciprocity, or by
15 endorsement.
16 (4) 4. To prescribe rules and regulations defining,
17 for the respective professions, trades, and occupations,
18 what shall constitute a school, college, or university,
19 or department of a university, or other institution
20 institutions, reputable and in good standing, and to
21 determine the reputability and good standing of a school,
22 college, or university, or department of a university, or
23 other institution, reputable and in good standing, by
24 reference to a compliance with those such rules and
25 regulations;: provided, that no school, college, or
26 university, or department of a university, or other
27 institution that refuses admittance to applicants solely
28 on account of race, color, creed, sex, or national origin
29 shall be considered reputable and in good standing.
30 (5) 5. To conduct hearings on proceedings to
31 revoke, suspend, refuse to renew, place on probationary
32 status, or take other disciplinary action as may be
33 authorized in any licensing Act administered by the
34 Department with regard to licenses, certificates, or
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1 authorities of persons exercising the respective
2 professions, trades, or occupations, and to revoke,
3 suspend, refuse to renew, place on probationary status,
4 or take other disciplinary action as may be authorized in
5 any licensing Act administered by the Department with
6 regard to those such licenses, certificates, or
7 authorities. The Department shall issue a monthly
8 disciplinary report. The Department shall deny any
9 license or renewal authorized by the Civil Administrative
10 Code of Illinois this Act to any person who has defaulted
11 on an educational loan or scholarship provided by or
12 guaranteed by the Illinois Student Assistance Commission
13 or any governmental agency of this State; however, the
14 Department may issue a license or renewal if the
15 aforementioned persons have established a satisfactory
16 repayment record as determined by the Illinois Student
17 Assistance Commission or other appropriate governmental
18 agency of this State. Additionally, beginning June 1,
19 1996, any license issued by the Department may be
20 suspended or revoked if the Department, after the
21 opportunity for a hearing under the appropriate licensing
22 Act, finds that the licensee has failed to make
23 satisfactory repayment to the Illinois Student Assistance
24 Commission for a delinquent or defaulted loan. For the
25 purposes of this Section, "satisfactory repayment record"
26 shall be defined by rule.
27 The Department, without further process or hearings,
28 shall deny any license or renewal authorized by the Civil
29 Administrative Code of Illinois this Act to a person who
30 is certified by the Illinois Department of Public Aid as
31 being more than 30 days delinquent in complying with a
32 child support order; the Department may, however, issue a
33 license or renewal if the person has established a
34 satisfactory repayment record as determined by the
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1 Illinois Department of Public Aid. The Department may
2 implement this paragraph as added by Public Act 89-6
3 through the use of emergency rules in accordance with
4 Section 5-45 of the Illinois Administrative Procedure
5 Act. For purposes of the Illinois Administrative
6 Procedure Act, the adoption of rules to implement this
7 paragraph shall be considered an emergency and necessary
8 for the public interest, safety, and welfare.
9 (6) 6. To transfer jurisdiction of any realty under
10 the control of the Department to any other department of
11 the State government, or to acquire or accept federal
12 lands, when the such transfer, acquisition, or acceptance
13 is advantageous to the State and is approved in writing
14 by the Governor.
15 (7) 7. To formulate rules and regulations as may be
16 necessary for the enforcement of any Act administered by
17 the Department.
18 (8) 8. To perform the such other duties that as may
19 be prescribed by law.
20 (b) The Department may, when a fee is payable to the
21 Department for a wall certificate of registration provided by
22 the Department of Central Management Services, require that
23 portion of the payment for printing and distribution costs be
24 made directly or through the Department, to the Department of
25 Central Management Services for deposit in the Paper and
26 Printing Revolving Fund., The remainder shall be deposited in
27 the General Revenue Fund.
28 (c) For the purpose of securing and preparing evidence,
29 and for the purchase of controlled substances, professional
30 services, and equipment necessary for enforcement activities,
31 recoupment of investigative costs, and other activities
32 directed at suppressing the misuse and abuse of controlled
33 substances, including those activities set forth in Sections
34 504 and 508 of the Illinois Controlled Substances Act, the
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1 Director and agents appointed and authorized by the Director
2 may expend such sums from the Professional Regulation
3 Evidence Fund that as the Director deems necessary from the
4 amounts appropriated for that purpose, and those such sums
5 may be advanced to the agent when the Director deems that
6 such procedure to be in the public interest. Sums for the
7 purchase of controlled substances, professional services, and
8 equipment necessary for enforcement activities and other
9 activities as set forth in this Section shall be advanced to
10 the agent who is to make the such purchase from the
11 Professional Regulation Evidence Fund on vouchers signed by
12 the Director. The Director and those such agents are
13 authorized to maintain one or more commercial checking
14 accounts with any State banking corporation or corporations
15 organized under or subject to the Illinois Banking Act for
16 the deposit and withdrawal of moneys to be used for the
17 purposes set forth in this Section; provided, that no check
18 may be written nor any withdrawal made from any such account
19 except upon the written signatures of 2 persons designated by
20 the Director to write those such checks and make those such
21 withdrawals. Vouchers for those such expenditures must be
22 signed by the Director. and All such expenditures shall be
23 audited by the Director, and the audit shall be submitted to
24 the Department of Central Management Services for approval.
25 (d) Whenever the Department is authorized or required by
26 law to consider some aspect of criminal history record
27 information for the purpose of carrying out its statutory
28 powers and responsibilities, then, upon request and payment
29 of fees in conformance with the requirements of subsection 22
30 of Section 100-400 55a of the Department of State Police Law
31 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
32 the Department of State Police is authorized to furnish,
33 pursuant to positive identification, the such information
34 contained in State files that as is necessary to fulfill the
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1 request.
2 (e) The provisions of this Section do not apply to
3 private business and vocational schools as defined by Section
4 1 of the Private Business and Vocational Schools Act.
5 (f) Beginning July 1, 1995, this Section does not apply
6 to those professions, trades, and occupations licensed under
7 the Real Estate License Act of 1983 nor does it apply to any
8 permits, certificates, or other authorizations to do business
9 provided for in the Land Sales Registration Act of 1989 or
10 the Illinois Real Estate Time-Share Act.
11 (Source: P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
12 eff. 8-4-95; 89-411, eff. 6-1-96; revised 12-11-95; 89-626,
13 eff. 8-9-96.)
14 (20 ILCS 2105/80-25 new)
15 (was 20 ILCS 2105/60.01) (from Ch. 127, par. 60.01)
16 Sec. 80-25. Perjury; penalty. 60.01. Each document
17 required to be filed under any Act administered by the
18 Department shall be verified or contain a written affirmation
19 that it is signed under the penalties of perjury. An
20 applicant or registrant who knowingly signs a fraudulent
21 document commits perjury as defined in Section 32-2 of the
22 Criminal Code of 1961 and for the purpose of this Section
23 shall be guilty of a Class A misdemeanor.
24 (Source: P.A. 84-1235.)
25 (20 ILCS 2105/80-40 new)
26 (was 20 ILCS 2105/61) (from Ch. 127, par. 61)
27 Sec. 80-40. Issuance of certificates and licenses. 61.
28 All certificates, licenses, and authorities shall be issued
29 by the Department of Professional Regulation, in the name of
30 the such Department, with the seal of the Department thereof
31 attached.
32 (Source: P.A. 85-225.)
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1 (20 ILCS 2105/80-55 new)
2 (was 20 ILCS 2105/61c) (from Ch. 127, new par. 61c)
3 Sec. 80-55. 61c. Interlineation of checks. The
4 Department may reduce by interlineation the amount of any
5 personal check, corporate check, or company check drawn on
6 the account of and delivered by any person applying for any
7 license, certificate, registration, title, or permit that
8 requires payment of a fee. The amount of reduction shall be
9 limited to $50, and the drawer of the check shall be notified
10 in writing of the reduction. Any check for an amount more
11 than $50 in excess of the correct amount shall be returned to
12 the drawer-applicant.
13 Any check altered under this Section shall be endorsed by
14 the Director of the Department as follows: "This check is
15 warranted to subsequent holders and to the drawee to be in
16 the amount of $(insert amount)."
17 All applications for a license, title, or permit, upon
18 reprinting, shall contain the following authorization
19 statement: "My signature above authorizes the Department of
20 Professional Regulation to reduce the amount of this check if
21 the amount submitted is not correct. I understand this will
22 be done only if the amount submitted is greater than the
23 required fee hereunder, but in no event shall such reduction
24 be made in an amount greater than $50."
25 (Source: P.A. 87-1031; 87-1237; 88-45.)
26 (20 ILCS 2105/80-75 new)
27 (was 110 ILCS 355/62.1) (from Ch. 127, par. 62.1)
28 Sec. 80-75. 62.1. Design professionals dedicated
29 employees. There are is established within the Department of
30 Professional Regulation certain design professionals
31 dedicated employees. These employees shall be devoted
32 exclusively to the administration and enforcement of the
33 Illinois Architecture Practice Act, the Illinois Professional
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1 Land Surveyor Act of 1989, the Professional Engineering
2 Practice Act of 1989, and the Structural Engineering
3 Licensing Act of 1989. The design professionals dedicated
4 employees that the Director shall employ, in conformity with
5 the Personnel Code, at a minimum shall consist of one
6 full-time design licensing Coordinator, one full-time
7 Assistant Coordinator, 4 full-time licensing clerks, one
8 full-time attorney, and 2 full-time investigators. These
9 employees shall work exclusively in the licensing and
10 enforcement of the design profession Acts set forth in this
11 Section and shall not be used for the licensing and
12 enforcement of any other Act or other duties in the
13 Department of Professional Regulation.
14 (Source: P.A. 87-781.)
15 (20 ILCS 2105/80-100 new)
16 (was 20 ILCS 2105/60c) (from Ch. 127, par. 60c)
17 Sec. 80-100. Disciplinary action with respect to
18 certificates; citation; hearing. 60c.
19 (a) Certificates may be revoked, suspended, placed on
20 probationary status, or have other disciplinary action taken
21 with regard to them as may be authorized in any licensing Act
22 administered by the Department in the manner provided by the
23 Civil Administrative Code of Illinois this Act and not
24 otherwise.
25 (b) The Department may upon its own motion and shall
26 upon the verified complaint in writing of any person,
27 provided the such complaint or the such complaint together
28 with evidence, documentary or otherwise, presented in
29 connection with the complaint makes wherewith shall make a
30 prima facie case, investigate the actions of any person
31 holding or claiming to hold a certificate.
32 (c) Before suspending, revoking, placing on probationary
33 status, or taking any other disciplinary action that which
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1 may be authorized in any licensing Act administered by the
2 Department with regard to any certificate, the Department
3 shall issue a citation notifying the registrant of the time
4 and place when and where a hearing of the charges shall be
5 had. The Such citation shall contain a statement of the
6 charges or shall be accompanied by a copy of the written
7 complaint if such complaint shall have been filed. The Such
8 citation shall be served on the registrant at least 10 ten
9 days prior to the date therein set in the citiation for the
10 hearing, either by delivery of the citation same personally
11 to the registrant or by mailing the citation same by
12 registered mail to the registrant's his last known place of
13 residence; provided that in any case where the registrant is
14 now or may hereafter be required by law to maintain a place
15 of business in this State and to notify the Department of the
16 location of that place of business thereof, the such citation
17 may be served by mailing it same by registered mail to the
18 registrant at the place of business last therefore described
19 by the registrant him in the such notification to the
20 Department.
21 (d) At the time and place fixed in the such citation,
22 the Department shall proceed to a hearing of the charges. and
23 Both the registrant and the complainant shall be accorded
24 ample opportunity to present, in person or by counsel, any
25 such statements, testimony, evidence, and argument that as
26 may be pertinent to the charges or to any defense to the
27 charges thereto. The Department may continue the such hearing
28 from time to time.
29 (Source: P.A. 83-230.)
30 (20 ILCS 2105/80-105 new)
31 (was 20 ILCS 2105/60d) (from Ch. 127, par. 60d)
32 Sec. 80-105. Oaths; subpoeanas; penalty. 60d.
33 (a) The Department, by its Director or a person
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1 designated by him or her, is empowered, at any time during
2 the course of any investigation or hearing conducted pursuant
3 to any Act administered by the Department, to administer
4 oaths, subpoena witnesses, take evidence, and compel the
5 production of any books, papers, records, or any other
6 documents that which the Director, or a person designated by
7 him or her, deems relevant or material to any such
8 investigation or hearing conducted by the Department, with
9 the same fees and mileage and in the same manner as
10 prescribed by law in judicial proceedings in civil cases in
11 circuit courts of this State.
12 (b) Any person who, without lawful authority, fails to
13 appear in response to a subpoena or to answer any question or
14 produce any books, papers, records, or any other documents
15 relevant or material to the such investigation or hearing is
16 guilty of a Class A misdemeanor. Each violation shall
17 constitute a separate and distinct offense.
18 In addition to initiating criminal proceedings, the
19 Department, through the Attorney General, may seek
20 enforcement of any such subpoena by any circuit court of this
21 State.
22 (Source: P.A. 86-592.)
23 (20 ILCS 2105/80-110 new)
24 (was 20 ILCS 2105/60e) (from Ch. 127, par. 60e)
25 Sec. 80-110. Court order requiring attendance of
26 witnesses or production of materials. 60e. Any circuit court,
27 upon the application of the registrant or complainant or of
28 the Department, may by order duly entered, require the
29 attendance of witnesses and the production of relevant books
30 and papers before the Department in any hearing relative to
31 the application for refusal to renew, suspension, revocation,
32 placing on probationary status, or the taking of any other
33 disciplinary action as may be authorized in any licensing Act
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1 administered by the Department with regard to any certificate
2 of registration., and The court may compel obedience to its
3 order by proceedings for contempt.
4 (Source: P.A. 83-334.)
5 (20 ILCS 2105/80-115 new)
6 (was 20 ILCS 2105/60f) (from Ch. 127, par. 60f)
7 Sec. 80-115. 60f. Stenographer; transcript. The
8 Department, at its expense, shall provide a stenographer to
9 take down the testimony and preserve a record of all
10 proceedings at the hearing of any case in which wherein a
11 certificate may be revoked, suspended, placed on probationary
12 status, or subjected to other disciplinary action with
13 reference to the certificate when where a disciplinary action
14 is authorized in any licensing Act administered by the
15 Department. The citation, complaint, and all other documents
16 in the nature of pleadings and written motions filed in the
17 proceedings, the transcript of testimony, the report of the
18 board, and the orders of the Department shall be the record
19 of the proceedings. The Department shall furnish a transcript
20 of the record to any person interested in the hearing upon
21 payment therefor of $1 one dollar per page. This charge is
22 in addition to any fee charged by the Department for
23 certifying the record.
24 (Source: P.A. 87-1031.)
25 (20 ILCS 2105/80-120 new)
26 (was 20 ILCS 2105/60g) (from Ch. 127, par. 60g)
27 Sec. 80-120. Board's report; registrant's motion for
28 rehearing. 60g.
29 (a) The board shall present to the Director its written
30 report of its findings and recommendations. A copy of the
31 such report shall be served upon the registrant, either
32 personally or by registered mail as provided in Section
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1 80-100 60-c for the service of the citation.
2 (b) Within 20 twenty days after the such service
3 required under subseciton (a), the registrant may present to
4 the Department a his motion in writing for a rehearing. The,
5 which written motion shall specify the particular grounds for
6 a rehearing therefor. If the registrant orders shall order
7 and pays pay for a transcript of the record as provided in
8 Section 80-115 60-f, the time elapsing thereafter and before
9 the such transcript is ready for delivery to the registrant
10 him shall not be counted as part of the 20 such twenty days.
11 (Source: P.A. 83-230.)
12 (20 ILCS 2105/80-125 new)
13 (was 20 ILCS 2105/60h) (from Ch. 127, par. 60h)
14 Sec. 80-125. Restoration of certificate. 60h. At any time
15 after the suspension of, revocation of, placement on
16 probationary status, or other disciplinary action taken by
17 the Department with reference to any certificate, the
18 Department may restore it to the registrant without
19 examination, upon the written recommendation of the
20 appropriate board.
21 (Source: P.A. 83-230.)
22 (20 ILCS 2105/80-150 new)
23 (was 20 ILCS 2105/60m) (from Ch. 127, par. 60m)
24 Sec. 80-150. Violations of Medical Practice Act. 60m.
25 Notwithstanding any of the provisions of Section 80-5, 80-10,
26 80-15, 80-100, 80-105, 80-110, 80-115, 80-120, 80-125,
27 80-175, 80-200, or 80-325 60, 60.1, 60-a, 60b, 60c, 60-d,
28 60e, 60f, 60-g or 60h of this Law Act, for violations of
29 Section 22 of the Medical Practice Act of 1987, the
30 Department shall suspend, revoke, place on probationary
31 status, or take such other disciplinary action as it deems
32 proper with regard to licenses issued under that Act for
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1 violations of Section 22 of the Medical Practice Act of 1987,
2 as amended, only in accordance with Sections 7 and 36 through
3 46 of that Act.
4 (Source: P.A. 85-1209.)
5 (20 ILCS 2105/80-155 new)
6 (was 20 ILCS 2105/60n) (from Ch. 127, par. 60n)
7 Sec. 80-155. Suspension or termination of medical
8 services provider under the Public Aid Code. 60n. When the
9 Department of Professional Regulation receives notice from
10 the Department of Public Aid, as required by Section 85-10
11 48b of the Department of Public Aid Law (20 ILCS 2205/85-10)
12 this Act, that the authorization to provide medical services
13 under Article V 5 of the Illinois Public Aid Code has been
14 suspended or terminated with respect to any person, firm,
15 corporation, association, agency, institution, or other legal
16 entity licensed under any Act administered by the Department
17 of Professional Regulation, the Department of Professional
18 Regulation shall determine whether there are reasonable
19 grounds to investigate the circumstances that which resulted
20 in the such suspension or termination. If such reasonable
21 grounds are found, the Department of Professional Regulation
22 shall conduct an investigation and take the such disciplinary
23 action against the licensee that as the Department determines
24 to be required under the appropriate licensing Act.
25 (Source: P.A. 85-225.)
26 (20 ILCS 2105/80-175 new)
27 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
28 Sec. 80-175. Reexaminations or rehearings. 60a. Whenever
29 the Director is satisfied that substantial justice has not
30 been done either in an examination or in the revocation of,
31 refusal to renew, suspension, placing on probationary status,
32 or the taking of other disciplinary action as may be
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1 authorized in any licensing Act administered by the
2 Department with regard to a license, certificate, or
3 authority, the Director he may order reexaminations or
4 rehearings by the same or other examiners or hearing
5 officers.
6 (Source: P.A. 83-230.)
7 (20 ILCS 2105/80-200 new)
8 (was 20 ILCS 2105/60.1) (from Ch. 127, par. 60.1)
9 Sec. 80-200. Index of formal decisions regarding
10 disciplinary action. 60.1. The Department of Professional
11 Regulation shall maintain an index of formal decisions
12 regarding the issuance of or, refusal to issue licenses, the
13 renewal of or refusal to renew licenses, the revocation or
14 and suspension of licenses, and probationary or other
15 disciplinary action taken by the Department after August 31,
16 1971 (the effective date of Public this amendatory Act
17 77-1400) of 1971. The decisions shall be indexed according to
18 the statutory Section sections and the administrative
19 regulation, if any, that which is the basis for the decision.
20 The index shall be available to the public during regular
21 business hours.
22 (Source: P.A. 85-225.)
23 (20 ILCS 2105/80-205 new)
24 (was 20 ILCS 2105/60.3)
25 (This Section may contain text from a Public Act with a
26 delayed effective date)
27 Sec. 80-205. 60.3. 60.2. Publication of disciplinary
28 actions. The Department shall publish, at least monthly,
29 final disciplinary actions taken by the Department against a
30 licensee or applicant pursuant to the Medical Practice Act of
31 1987. The specific disciplinary action and the name of the
32 applicant or licensee shall be listed. This publication
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1 shall be made available to the public upon request and
2 payment of the fees set by the Department. This publication
3 may be made available to the public on the Internet through
4 the State of Illinois World Wide Web site.
5 (Source: P.A. 89-702, eff. 7-1-97; revised 1-29-97.)
6 (20 ILCS 2105/80-210 new)
7 (was 20 ILCS 2105/60.2) (from Ch. 127, par. 60.2)
8 Sec. 80-210. 60.2. Annual report. The Department of
9 Professional Regulation shall prepare and file with the
10 General Assembly during the second week of January in each
11 calendar year a written report setting forth, with respect to
12 each professional, trade, or occupational school that is
13 regulated by the Department and that may not lawfully be
14 operated without a certificate of registration issued by the
15 Department, the following:
16 (1) The number of written or verified complaints,
17 by license category, made or filed with the Department
18 during the immediately preceding calendar year alleging
19 the violation of any licensing Act administered by the
20 Department.
21 (2) The name and address of each such school with
22 respect to which or with respect to a representative of
23 which the Department, during the immediately preceding
24 calendar year, refused to issue or renew a certificate of
25 registration required for lawful operation of the school
26 and the reasons for that refusal.
27 (3) The name and address of each such school with
28 respect to which or with respect to a representative of
29 which the certificate of registration required for
30 lawful operation of the school was suspended, revoked,
31 placed on probation, reprimanded, or otherwise
32 disciplined during the immediately preceding calendar
33 year and the reasons for that discipline.
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1 (4) The name and location of each such school at
2 which the Department made any on-site on site inspection
3 at any time during the immediately preceding calendar
4 year and the date or dates on which each on-site such on
5 site visit was made at that school.
6 (Source: P.A. 87-1008.)
7 (20 ILCS 2105/80-215 new)
8 (was 20 ILCS 2105/61a) (from Ch. 127, par. 61a)
9 Sec. 80-215. Proof of Department records. 61a. The
10 papers, entries, and records of the Department or parts
11 thereof may be proved in any legal proceeding by a copy
12 thereof certified under the signature of the keeper thereof
13 in the name of the Department with a seal of the Department
14 attached. A fee of $1.00 shall be paid to the Department for
15 the such certification.
16 (Source: P.A. 84-550.)
17 (20 ILCS 2105/80-220 new)
18 (was 20 ILCS 2105/61b) (from Ch. 127, par. 61b)
19 Sec. 80-220. Release of Department records pursuant to
20 subpoena. 61b. Prior to the release of any records of the
21 Department pursuant to a subpoena in a civil or criminal
22 proceeding, the party seeking the records shall pay to the
23 Department $1.00 per page for the such records.
24 (Source: P.A. 86-592.)
25 (20 ILCS 2105/80-300 new)
26 (was 20 ILCS 2105/61e)
27 Sec. 80-300. 61e. Professions Indirect Cost Fund;
28 allocations; analyses.
29 (a) Appropriations for the direct and allocable indirect
30 costs of licensing and regulating each regulated profession,
31 trade, or occupation are intended to be payable from the fees
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1 and fines that are assessed and collected from that
2 profession, trade, or occupation, to the extent that those
3 fees and fines are sufficient. In any fiscal year in which
4 the fees and fines generated by a specific profession, trade,
5 or occupation are insufficient to finance the necessary
6 direct and allocable indirect costs of licensing and
7 regulating that profession, trade, or occupation, the
8 remainder of those costs shall be financed from
9 appropriations payable from revenue sources other than fees
10 and fines. The direct and allocable indirect costs of the
11 Department identified in its cost allocation plans that are
12 not attributable to the licensing and regulation of a
13 specific profession, trade, or occupation or group of
14 professions, trades, or occupations shall be financed from
15 appropriations from revenue sources other than fees and
16 fines.
17 (b) The Professions Indirect Cost Fund is hereby created
18 as a special fund in the State Treasury. The Fund may
19 receive transfers of moneys authorized by the Department of
20 Professional Regulation from the cash balances in special
21 funds that receive revenues from the fees and fines
22 associated with the licensing of regulated professions,
23 trades, and occupations by the Department. Moneys in the
24 Fund shall be invested and earnings on the investments shall
25 be retained in the Fund. Subject to appropriation, the
26 Department shall use moneys in the Fund to pay the ordinary
27 and necessary allocable indirect expenses associated with
28 each of the regulated professions, trades, and occupations.
29 (c) Before the beginning of each fiscal year, the
30 Department shall prepare a cost allocation analysis to be
31 used in establishing the necessary appropriation levels for
32 each cost purpose and revenue source. At the conclusion of
33 each fiscal year, the Department shall prepare a cost
34 allocation analysis reflecting the extent of the variation
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1 between how the costs were actually financed in that year and
2 the planned cost allocation for that year. Variations
3 between the planned and actual cost allocations for the prior
4 fiscal year shall be adjusted into the Department's planned
5 cost allocation for the next fiscal year.
6 Each cost allocation analysis shall separately identify
7 the direct and allocable indirect costs of each regulated
8 profession, trade, or occupation and the costs of the
9 Department's general public health and safety purposes. The
10 analyses shall determine whether the direct and allocable
11 indirect costs of each regulated profession, trade, or
12 occupation and the costs of the Department's general public
13 health and safety purposes are sufficiently financed from
14 their respective funding sources. The Department shall
15 prepare the cost allocation analyses in consultation with the
16 respective regulated professions, trades, and occupations and
17 shall make copies of the analyses available to them in a
18 timely fashion.
19 (d) The Department may direct the State Comptroller and
20 Treasurer to transfer moneys from the special funds that
21 receive fees and fines associated with regulated professions,
22 trades, and occupations into the Professions Indirect Cost
23 Fund in accordance with the Department's cost allocation
24 analysis plan for the applicable fiscal year. For a given
25 fiscal year, the Department shall not direct the transfer of
26 moneys under this subsection from a special fund associated
27 with a specific regulated profession, trade, or occupation
28 (or group of professions, trades, or occupations) in an
29 amount exceeding the allocable indirect costs associated with
30 that profession, trade, or occupation (or group of
31 professions, trades, or occupations) as provided in the cost
32 allocation analysis for that fiscal year and adjusted for
33 allocation variations from the prior fiscal year. No direct
34 costs identified in the cost allocation plan shall be used as
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1 a basis for transfers into the Professions Indirect Cost Fund
2 or for expenditures from the Fund.
3 (Source: P.A. 89-204, eff. 1-1-96; 89-474, eff. 6-18-96.)
4 (20 ILCS 2105/80-325 new)
5 (was 20 ILCS 2105/60a, in part) (from Ch. 127, par. 60a)
6 Sec. 80-325. Board member compensation. Except as
7 otherwise provided in any licensing Act, from amounts
8 appropriated for compensation and expenses of boards, each
9 member of each such board shall receive compensation at a
10 rate, established by the Director, not to exceed $50 per day,
11 for the member's his service and shall be reimbursed for the
12 member's his expenses necessarily incurred in relation to
13 that such service in accordance with the travel regulations
14 applicable to the Department at the time the expenses are
15 incurred.
16 (Source: P.A. 83-230.)
17 (20 ILCS 2205/Art. 85 heading new)
18 ARTICLE 85. DEPARTMENT OF PUBLIC AID
19 (20 ILCS 2205/85-1 new)
20 Sec. 85-1. Article short title. This Article 85 of the
21 Civil Administrative Code of Illinois may be cited as the
22 Department of Public Aid Law.
23 (20 ILCS 2205/85-5 new)
24 (was 20 ILCS 2205/48a) (from Ch. 127, par. 48a)
25 Sec. 85-5. 48a. Department of Public Aid Code Powers. The
26 Department of Public Aid shall administer "the Illinois
27 Public Aid Code", enacted by the 75th General Assembly.
28 (Source: Laws 1967, p. 234.)
29 (20 ILCS 2205/85-10 new)
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1 (was 20 ILCS 2205/48b) (from Ch. 127, par. 48b)
2 Sec. 85-10. Suspension or termination of authorization to
3 provide medical services. 48b. Whenever the Department of
4 Public Aid suspends or terminates the authorization of any
5 person, firm, corporation, association, agency, institution,
6 or other legal entity to provide medical services under
7 Article V 5 of the Illinois Public Aid Code and the practice
8 of providing those such services or the maintenance of
9 facilities for those such services is licensed under a
10 licensing Act administered by the Department of Public Health
11 or the Department of Professional Regulation, the Department
12 of Public Aid shall, within 30 days of the such suspension or
13 termination, give written notice of the such suspension or
14 termination and transmit a record of the evidence and specify
15 the grounds on which the suspension or termination is based
16 to the Department that which administers the licensing Act
17 under which that person, firm, corporation, association,
18 agency, institution, or other legal entity is licensed,
19 subject to any confidentiality requirements imposed by
20 applicable federal or State law. The cost of any such record
21 shall be borne by the Department to which it is transmitted.
22 (Source: P.A. 85-225.)
23 (20 ILCS 2310/Art. 90 heading new)
24 ARTICLE 90. DEPARTMENT OF PUBLIC HEALTH
25 (20 ILCS 2310/90-1 new)
26 Sec. 90-1. Article short title. This Article 90 of the
27 Civil Administrative Code of Illinois may be cited as the
28 Department of Public Health Powers and Duties Law.
29 (20 ILCS 2310/90-5 new)
30 Sec. 90-5. Definitions. In this Law:
31 "Department" means the Department of Public Health.
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1 "Director" means the Director of Public Health.
2 (20 ILCS 2310/90-10 new)
3 (was 20 ILCS 2310/55) (from Ch. 127, par. 55)
4 Sec. 90-10. Powers and duties, generally. 55. The
5 Department of Public Health has the powers and duties
6 enumerated in the Sections following this Section and
7 preceding Section 55a.
8 (Source: P.A. 86-479; 86-610; 86-732; 86-839; 86-878; 86-884;
9 86-885; 86-919; 86-996; 86-1004; 86-1028; 86-1377.)
10 (20 ILCS 2310/90-15 new)
11 (was 20 ILCS 2310/55.02) (from Ch. 127, par. 55.02)
12 Sec. 90-15. General supervision of health; delegation to
13 local boards of health. 55.02. To have the general
14 supervision of the interests of the health and lives of the
15 people of the State and to exercise the rights, powers, and
16 duties of those Acts that which it is by law authorized to
17 enforce. The Department shall have the general authority to
18 delegate to county and multiple-county boards of health the
19 duties under those Acts it is authorized to enforce for the
20 purpose of local administration and enforcement. Upon
21 accepting the delegation, county and multiple-county boards
22 of health shall administer and enforce the minimum program
23 standards promulgated by the Department under the provisions
24 of those Acts. County and multiple-county boards of health
25 may establish reasonable fees for the permits, licenses, or
26 other activities performed under the delegation agreement.
27 The Department may waive any portion of its fees established
28 by statute or rule if the county or multiple-county board of
29 health accepts the delegation.
30 (Source: P.A. 87-1162.)
31 (20 ILCS 2310/90-20 new)
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1 (was 20 ILCS 2310/55.17) (from Ch. 127, par. 55.17)
2 Sec. 90-20. Promoting information of general public.
3 55.17. To promote the information of the general public in
4 all matters pertaining to health.
5 (Source: Laws 1951, p. 1512.)
6 (20 ILCS 2310/90-25 new)
7 (was 20 ILCS 2310/55.05) (from Ch. 127, par. 55.05)
8 Sec. 90-25. Disbursements to agencies and organizations;
9 payments for individuals. 55.05. To approve the disbursement
10 of State and federal funds to local health authorities and to
11 other public or private agencies and organizations for the
12 development of health programs or services, and to make
13 payments to or on behalf of individuals suffering from
14 diseases or disabilities from appropriations made available
15 to the Department for those such purposes.
16 (Source: P.A. 80-994.)
17 (20 ILCS 2310/90-30 new)
18 (was 20 ILCS 2310/55.12) (from Ch. 127, par. 55.12)
19 Sec. 90-30. Contracts for health services and products.
20 55.12. To enter into contracts with the federal government,
21 other states, local governmental units, and other public or
22 private agencies or organizations for the purchase, sale, or
23 exchange of health services and products that which may
24 benefit the health of the people. Any contract entered into
25 with the federal government, with any other state government,
26 or with any public or private agency or organization not
27 domiciled in Illinois shall not be effective unless it is
28 approved in writing by the Governor.
29 (Source: Laws 1967, p. 594.)
30 (20 ILCS 2310/90-35 new)
31 (was 20 ILCS 2310/55.27) (from Ch. 127, par. 55.27)
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1 Sec. 90-35. Federal monies. 55.27. To accept, receive,
2 and receipt for federal monies, for and in behalf of the
3 State, given by the federal government under any federal law
4 to the State for health purposes, surveys, or programs, and
5 to adopt necessary rules pertaining thereto pursuant to the
6 Illinois Administrative Procedure Act.
7 (Source: P.A. 83-1496.)
8 (20 ILCS 2310/90-40 new)
9 (was 20 ILCS 2310/55.28) (from Ch. 127, par. 55.28)
10 Sec. 90-40. Gifts and donations. 55.28. To accept,
11 receive, and receipt for gifts, donations, grants, or
12 bequests for health purposes.
13 (Source: Laws 1951, p. 1512.)
14 (20 ILCS 2310/90-45 new)
15 (was 20 ILCS 2310/55.29) (from Ch. 127, par. 55.29)
16 Sec. 90-45. State Treasurer as custodian of funds. 55.29.
17 Funds received by the Department of Public Health pursuant to
18 Section 90-35 Sections 55.27 or 90-40 55.28 shall be
19 deposited with the State Treasurer and held and disbursed by
20 the Treasurer him in accordance with the Treasurer as
21 Custodian of Funds Act "An Act in relation to the receipt,
22 custody and disbursement of money allotted by the United
23 States of America or any agency thereof for use in this
24 State," approved July 3, 1939, as amended.
25 (Source: Laws 1951, p. 1512.)
26 (20 ILCS 2310/90-50 new)
27 (was 20 ILCS 2310/55.19) (from Ch. 127, par. 55.19)
28 Sec. 90-50. Cooperation of organizations and agencies.
29 55.19. To enlist the cooperation of organizations of
30 physicians and other agencies for the promotion and
31 improvement of health and sanitation throughout the State.
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1 (Source: Laws 1951, p. 1512.)
2 (20 ILCS 2310/90-55 new)
3 (was 20 ILCS 2310/55.14) (from Ch. 127, par. 55.14)
4 Sec. 90-55. Collecting information regarding mortality
5 and other matters. 55.14. To obtain, collect, and preserve
6 such information relative to mortality, morbidity, disease,
7 and health that as may be useful in the discharge of its
8 duties or may contribute to the promotion of health or to the
9 security of life in this State.
10 (Source: Laws 1951, p. 1512.)
11 (20 ILCS 2310/90-60 new)
12 (was 20 ILCS 2310/55.22) (from Ch. 127, par. 55.22)
13 Sec. 90-60. Publishing documents relating to health.
14 55.22. To print, publish, and distribute documents, reports,
15 bulletins, certificates, and other matter relating to the
16 prevention of diseases and the health and sanitary conditions
17 of the State.
18 (Source: Laws 1951, p. 1512.)
19 (20 ILCS 2310/90-65 new)
20 (was 20 ILCS 2310/55.26) (from Ch. 127, par. 55.26)
21 Sec. 90-65. Hospital construction and health service
22 programs. 55.26. To conduct State-wide inventories of
23 existing hospitals, health service facilities, and personnel
24 for hospital and medical care and a survey of need of
25 hospitals, health service facilities, and personnel;, to
26 adopt State plans, based upon those such inventories and
27 surveys, embracing a hospital construction program and a
28 health service program for hospital and medical care; and to
29 make reports in the such form and containing the such
30 information that as the Surgeon General of the United States
31 Public Health Service may from time to time reasonably
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1 require; and to do all other things on behalf of the State
2 that as may be necessary in order for the State to
3 participate in the benefits of the "Hospital Survey and
4 Construction Act," enacted by the 79th Congress, and any
5 other Act enacted by Congress pertaining to hospital and
6 medical care and health services. The Department of Public
7 Health is designated as the sole State agency for the
8 administration of those such State plans and as the agency
9 for receiving payments to the State from the United States of
10 America in accordance with the provisions of those such Acts
11 of Congress.
12 (Source: Laws 1951, p. 1512.)
13 (20 ILCS 2310/90-75 new)
14 (was 20 ILCS 2310/55.38) (from Ch. 127, par. 55.38)
15 Sec. 90-75. Impact of disel powered equipment and
16 explosives in underground coal mines. 55.38. The Department
17 of Public Health shall conduct a study of underground coal
18 mines that which use diesel powered equipment or explosives
19 while persons are working underground. The Such study shall
20 include, at a minimum, an assessment of the health and safety
21 impacts from the use of those such practices and equipment.
22 The Department shall report its findings to the Governor and
23 the General Assembly by no later than January 1, 1986.
24 (Source: P.A. 83-1236.)
25 (20 ILCS 2310/90-90 new)
26 (was 20 ILCS 2310/55.09) (from Ch. 127, par. 55.09)
27 Sec. 90-90. Laboratories; fees; Public Health Laboratory
28 Services Revolving Fund. 55.09. To maintain physical,
29 chemical, bacteriological, and biological laboratories; to
30 make examinations of milk, water, atmosphere, sewage, wastes,
31 and other substances, and equipment and processes relating
32 thereto; to make diagnostic tests for diseases and tests for
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1 the evaluation of health hazards considered necessary for the
2 protection of the people of the State; and to assess a
3 reasonable fee for services provided as established by
4 regulation, under the Illinois Administrative Procedure Act,
5 which shall not exceed the Department's actual costs to
6 provide these services.
7 Excepting fees collected under the Phenylketonuria
8 Testing Act and the Lead Poisoning Prevention Act, all fees
9 shall be deposited into the Public Health Laboratory Services
10 Revolving Fund. Other State and federal funds related to
11 laboratory services may also be deposited into the Fund, and
12 all interest that accrues on the moneys in the Fund shall be
13 deposited into the Fund.
14 Moneys shall be appropriated from the Fund solely for the
15 purposes of testing specimens submitted in support of
16 Department programs established for the protection of human
17 health, welfare, and safety, and for testing specimens
18 submitted by physicians and other health care providers, to
19 determine whether chemically hazardous, biologically
20 infectious substances, or other disease causing conditions
21 are present.
22 (Source: P.A. 88-85.)
23 (20 ILCS 2310/90-100 new)
24 (was 20 ILCS 2310/55.16) (from Ch. 127, par. 55.16)
25 Sec. 90-100. Work of local health officers and agencies.
26 55.16. To keep informed of the work of local health officers
27 and agencies throughout the State.
28 (Source: Laws 1951, p. 1512.)
29 (20 ILCS 2310/90-105 new)
30 (was 20 ILCS 2310/55.18) (from Ch. 127, par. 55.18)
31 Sec. 90-105. Supervising and aiding local authorities.
32 55.18. To supervise, aid, direct, and assist local health
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1 authorities or agencies in the administration of the health
2 laws.
3 (Source: Laws 1951, p. 1512.)
4 (20 ILCS 2310/90-110 new)
5 (was 20 ILCS 2310/55.25) (from Ch. 127, par. 55.25)
6 Sec. 90-110. Defense zones for public health purposes;
7 local approval. 55.25. To define the boundaries of defense
8 zones within this State for public health purposes, to alter
9 those boundaries the same from time to time, to establish and
10 maintain health departments in those such defense zones, and
11 to prescribe their powers and duties; provided, that no city,
12 village, or incorporated town that which has established and
13 is maintaining a board of health or public health board or
14 department pursuant to the provisions of the Illinois
15 Municipal Code, as heretofore and hereafter amended, or any
16 portion of that such municipality or any territory owned by,
17 leased to, or subject to the jurisdiction of any such
18 municipality, shall be included within any such defense zone
19 except upon approval of the corporate authorities of the such
20 municipality, or of the mayor or president of the board of
21 trustees of the municipality thereof unless or until that
22 such approval is rescinded by action of the city council or
23 board of trustees; provided, that in cities and villages
24 under the commission form of government, that such approval
25 must be concurred in by a majority of the council.
26 (Source: Laws 1961, p. 1418.)
27 (20 ILCS 2310/90-130 new)
28 (was 20 ILCS 2310/55.82)
29 Sec. 90-130. 55.82. Medicare or Medicaid certification
30 fee; Health Care Facility and Program Survey Fund. To
31 establish and charge a fee to any facility or program
32 applying to be certified to participate in the Medicare
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1 program under Title XVIII of the federal Social Security Act
2 or in the Medicaid program under Title XIX of the federal
3 Social Security Act to cover the costs associated with the
4 application, inspection, and survey of the facility or
5 program, and processing of the application. The Department
6 shall establish the fee by rule, and the fee shall be based
7 only on those application, inspection, and survey, and
8 processing costs not reimbursed to the State by the federal
9 government. The fee shall be paid by the facility or program
10 before the application is processed.
11 The fees received by the Department under this Section
12 shall be deposited into the Health Care Facility and Program
13 Survey Fund, which is hereby created as a special fund in the
14 State treasury. Moneys in the Fund shall be appropriated to
15 the Department and may be used for any costs incurred by the
16 Department, including personnel costs, in the processing of
17 applications for Medicare or Medicaid certification.
18 (Source: P.A. 89-499, eff. 6-28-96.)
19 (20 ILCS 2310/90-135 new)
20 (was 20 ILCS 2310/55.37) (from Ch. 127, par. 55.37)
21 Sec. 90-135. Notice of suspension or termination of
22 medical services provider under Public Aid Code. 55.37. When
23 the Department of Public Health receives notice from the
24 Department of Public Aid, as required by Section 85-10 48b of
25 the Department of Public Aid Law (20 ILCS 2205/85-10) this
26 Act, that the authorization to provide medical services under
27 Article V 5 of the Illinois Public Aid Code has been
28 suspended or terminated termination with respect to any
29 person, firm, corporation, association, agency, institution,
30 or other legal entity licensed under any Act administered by
31 the Department of Public Health, the Department of Public
32 Health shall determine whether there are reasonable grounds
33 to investigate the circumstances that which resulted in the
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1 such suspension or termination. If such reasonable grounds
2 are found, the Department of Public Health shall conduct an
3 investigation and take such disciplinary action against the
4 licensee that as the Department determines to be required
5 under the appropriate licensing Act.
6 (Source: P.A. 80-1364.)
7 (20 ILCS 2310/90-140 new)
8 (was 20 ILCS 2310/55.37a) (from Ch. 127, par. 55.37a)
9 Sec. 90-140. Recommending suspension of licensed health
10 care professional. 55.37a. The Director of Public Health,
11 upon making a determination based upon information in the
12 possession of the Department, that continuation in practice
13 of a licensed health care professional would constitute an
14 immediate danger to the public, shall submit a written
15 communication to the Director of the Department of
16 Professional Regulation indicating that such determination
17 and additionally providing a complete summary of the
18 information upon which the such determination is based, and
19 recommending that the Director of Professional Regulation
20 immediately suspend the such person's license. All relevant
21 evidence, or copies thereof, in the Department's possession
22 may also be submitted in conjunction with the written
23 communication. A copy of the such written communication,
24 which is exempt from the copying and inspection provisions of
25 the Freedom of Information Act, shall at the time of
26 submittal to the Director of the Department of Professional
27 Regulation be simultaneously mailed to the last known
28 business address of the such licensed health care
29 professional by certified or registered postage, United
30 States Mail, return receipt requested. Any evidence, or
31 copies thereof, that which is submitted in conjunction with
32 the written communication is also exempt from for the copying
33 and inspection provisions of the Freedom of Information Act.
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1 For the purposes of this Section, "licensed health care
2 professional" means any person licensed under the Illinois
3 Dental Practice Act, the Illinois Nursing Act of 1987, the
4 Medical Practice Act of 1987, the Pharmacy Practice Act of
5 1987, the Podiatric Medical Practice Act of 1987, or and the
6 Illinois Optometric Practice Act of 1987.
7 (Source: P.A. 85-1209.)
8 (20 ILCS 2310/90-155 new)
9 (was 20 ILCS 2310/55.24) (from Ch. 127, par. 55.24)
10 Sec. 90-155. Transfer of realty to other State agency;
11 acquisition of federal lands. 55.24. To transfer jurisdiction
12 of any realty under the control of the Department to any
13 other department of State government, or to the State
14 Employees Housing Commission, or to acquire or accept federal
15 lands, when the such transfer, acquisition, or acceptance is
16 advantageous to the State and is approved in writing by the
17 Governor.
18 (Source: Laws 1951, p. 1512.)
19 (20 ILCS 2310/90-170 new)
20 (was 20 ILCS 2310/55.30) (from Ch. 127, par. 55.30)
21 Sec. 90-170. No application to sanitary district with
22 population over 1,000,000. 55.30. Nothing contained in the
23 Civil Administrative Code of Illinois this Act contained
24 shall apply to or be construed in any manner to affect the
25 property, real, personal, or mixed and wherever situated, or
26 the channels, drains, ditches, and outlets and adjuncts and
27 additions thereto and their use, operation, and maintenance
28 and the right to the flow of water therein for sewage
29 dilution, or affect the jurisdiction, rights, power, duties,
30 and obligations of any existing sanitary district that which
31 now has a population of 1,000,000 one million or more within
32 its territorial limits.
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1 (Source: Laws 1951, p. 1512.)
2 (20 ILCS 2310/90-185 new)
3 (was 20 ILCS 2310/55.51) (from Ch. 127, par. 55.51)
4 Sec. 90-185. Criminal history record information. 55.51.
5 Whenever the Department is authorized or required by law to
6 consider some aspect of criminal history record information
7 for the purpose of carrying out its statutory powers and
8 responsibilities, then, upon request and payment of fees in
9 conformance with the requirements of subsection 22 of Section
10 100-400 55a of the Department of State Police Law (20 ILCS
11 2605/100-400) "The Civil Administrative Code of Illinois",
12 the Department of State Police is authorized to furnish,
13 pursuant to positive identification, the such information
14 contained in State files that as is necessary to fulfill the
15 request.
16 (Source: P.A. 86-610; 86-1028.)
17 (20 ILCS 2310/90-195 new)
18 (was 20 ILCS 2310/55.39) (from Ch. 127, par. 55.39)
19 Sec. 90-195. Administrative rules. 55.39. To adopt all
20 administrative rules that which may be necessary for the
21 effective administration, enforcement, and regulation of all
22 matters for which the Department has jurisdiction or
23 responsibility.
24 (Source: P.A. 84-832.)
25 (20 ILCS 2310/90-200 new)
26 (was 20 ILCS 2310/55.53) (from Ch. 127, par. 55.53)
27 Sec. 90-200. 55.53. Programs to expand access to primary
28 care.
29 (a) The Department shall establish a program to expand
30 access to comprehensive primary care in medically underserved
31 communities throughout Illinois. This program may include
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1 the provision of financial support and technical assistance
2 to eligible community health centers. To be eligible for
3 those such grants, community health centers must meet
4 requirements comparable to those enumerated in Sections 329
5 and 330 of the federal Public Health Service Act. In
6 establishing its program, the Department shall avoid
7 duplicating resources in areas already served by community
8 health centers.
9 (b) The Department may develop financing programs with
10 the Illinois Development Finance Authority to carry out the
11 purposes of the Civil Administrative Code of Illinois this
12 Act or any other Act that the Department is responsible for
13 administering. The Department may transfer to the Illinois
14 Development Finance Authority, into an account outside of the
15 State treasury, any moneys it deems necessary from its
16 accounts to establish bond reserve or credit enhancement
17 escrow accounts, or loan or equipment leasing programs. The
18 disposition of moneys at the conclusion of any such financing
19 program shall be determined by an interagency agreement.
20 (Source: P.A. 88-535.)
21 (20 ILCS 2310/90-205 new)
22 (was 20 ILCS 2310/55.57) (from Ch. 127, par. 55.57)
23 Sec. 90-205. 55.57. Community health centers. From
24 appropriations from the Community Health Center Care Fund, a
25 special fund in the State treasury which is hereby created,
26 the Department shall provide financial assistance (i) to (a)
27 migrant health centers and community health centers
28 established pursuant to Sections 329 or 330 of the federal
29 Public Health Service Act or that which meet the standards
30 contained in either of those Sections; and (ii) (b) for the
31 purpose of establishing new migrant health centers or
32 community health centers in areas of need.
33 (Source: P.A. 86-996; 86-1028.)
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1 (20 ILCS 2310/90-210 new)
2 (was 20 ILCS 2310/55.62a)
3 Sec. 90-210. 55.62a. Advisory Panel on Minority Health.
4 (a) In this Section:
5 "Health profession" means any health profession regulated
6 under the laws of this State, including, without limitation,
7 professions regulated under the Illinois Athletic Trainers
8 Practice Act, the Clinical Psychologist Licensing Act, the
9 Clinical Social Work and Social Work Practice Act, the
10 Illinois Dental Practice Act, the Dietetic and Nutrition
11 Services Practice Act, the Marriage and Family Therapy
12 Licensing Act, the Medical Practice Act of 1987, the
13 Naprapathic Practice Act, the Illinois Nursing Act of 1987,
14 the Illinois Occupational Therapy Practice Act, the Illinois
15 Optometric Practice Act of 1987, the Illinois Physical
16 Therapy Act, the Physician Assistant Practice Act of 1987,
17 the Podiatric Medical Practice Act of 1987, the Professional
18 Counselor and Clinical Professional Counselor Licensing Act,
19 and the Illinois Speech-Language Pathology and Audiology
20 Practice Act.
21 "Minority" has the same meaning as in Section 90-215.
22 55.62.
23 (b) The General Assembly finds as follows:
24 (1) The health status of individuals from ethnic
25 and racial minorities in this State is significantly
26 lower than the health status of the general population of
27 the State.
28 (2) Minorities suffer disproportionately high rates
29 of cancer, stroke, heart disease, diabetes, sickle-cell
30 anemia, lupus, substance abuse, acquired immune
31 deficiency syndrome, other diseases and disorders,
32 unintentional injuries, and suicide.
33 (3) The incidence of infant mortality among
34 minorities is almost double that for the general
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1 population.
2 (4) Minorities suffer disproportionately from lack
3 of access to health care and poor living conditions.
4 (5) Minorities are under-represented in the health
5 care professions.
6 (6) Minority participation in the procurement
7 policies of the health care industry is lacking.
8 (7) Minority health professionals historically have
9 tended to practice in low-income areas and to serve
10 minorities.
11 (8) National experts on minority health report that
12 access to health care among minorities can be
13 substantially improved by increasing the number of
14 minority health professionals.
15 (9) Increasing the number of minorities serving on
16 the facilities of health professional schools is an
17 important factor in attracting minorities to pursue a
18 career in health professions.
19 (10) Retaining minority health professionals
20 currently practicing in this State and those receiving
21 training and education in this State is an important
22 factor in maintaining and increasing the number of
23 minority health professionals in Illinois.
24 (11) An Advisory Panel on Minority Health is
25 necessary to address the health issues affecting
26 minorities in this State.
27 (c) The General Assembly's intent is as follows:
28 (1) That all Illinoisans have access to health
29 care.
30 (2) That the gap between the health status of
31 minorities and other Illinoisans be closed.
32 (3) That the health issues that disproportionately
33 affect minorities be addressed to improve the health
34 status of minorities.
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1 (4) That the number of minorities in the health
2 professions be increased.
3 (d) The Advisory Panel on Minority Health is created.
4 The Advisory Panel shall consist of 25 members appointed by
5 the Director of Public Health. The members shall represent
6 health professions and the General Assembly.
7 (e) The Advisory Panel shall assist the Department in
8 the following manner:
9 (1) Examination of the following areas as they
10 relate to minority health:
11 (A) Access to health care.
12 (B) Demographic factors.
13 (C) Environmental factors.
14 (D) Financing of health care.
15 (E) Health behavior.
16 (F) Health knowledge.
17 (G) Utilization of quality care.
18 (H) Minorities in health care professions.
19 (2) Development of monitoring, tracking, and
20 reporting mechanisms for programs and services with
21 minority health goals and objectives.
22 (3) Communication with local health departments,
23 community-based organizations, voluntary health
24 organizations, and other public and private organizations
25 statewide, on an ongoing basis, to learn more about their
26 services to minority communities, the health problems of
27 minority communities, and their ideas for improving
28 minority health.
29 (4) Promotion of communication among all State
30 agencies that provide services to minority populations.
31 (5) Building coalitions between the State and
32 leadership in minority communities.
33 (6) Encouragement of recruitment and retention of
34 minority health professionals.
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1 (7) Improvement in methods for collecting and
2 reporting data on minority health.
3 (8) Improvement in accessibility to health and
4 medical care for minority populations in under-served
5 rural and urban areas.
6 (9) Reduction of communication barriers for
7 non-English speaking residents.
8 (10) Coordination of the development and
9 dissemination of culturally appropriate and sensitive
10 education material, public awareness messages, and health
11 promotion programs for minorities.
12 (f) On or before January 1, 1997 the Advisory Panel
13 shall submit an interim report to the Governor and the
14 General Assembly. The interim report shall include an update
15 on the Advisory Panel's progress in performing its functions
16 under this Section and shall include recommendations,
17 including recommendations for any necessary legislative
18 changes.
19 On or before January 1, 1998 the Advisory Panel shall
20 submit a final report to the Governor and the General
21 Assembly. The final report shall include the following:
22 (1) An evaluation of the health status of
23 minorities in this State.
24 (2) An evaluation of minority access to health care
25 in this State.
26 (3) Recommendations for improving the health status
27 of minorities in this State.
28 (4) Recommendations for increasing minority access
29 to health care in this State.
30 (5) Recommendations for increasing minority
31 participation in the procurement policies of the health
32 care industry.
33 (6) Recommendations for increasing the number of
34 minority health professionals in this State.
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1 (7) Recommendations that will ensure that the
2 health status of minorities in this State continues to be
3 addressed beyond the expiration of the Advisory Panel.
4 (Source: P.A. 89-298, eff. 1-1-96.)
5 (20 ILCS 2310/90-215 new)
6 (was 20 ILCS 2310/55.62) (from Ch. 127, par. 55.62)
7 Sec. 90-215. 55.62. Center for Minority Health Services.
8 (a) The Department shall establish a Center for Minority
9 Health Services to advise the Department on matters
10 pertaining to the health needs of minority populations within
11 the State.
12 (b) The Center shall have the following duties:
13 (1) To assist in the assessment of the health needs
14 of minority populations in the State.
15 (2) To recommend treatment methods and programs
16 that are sensitive and relevant to the unique linguistic,
17 cultural, and ethnic characteristics of minority
18 populations.
19 (3) To provide consultation, technical assistance,
20 training programs, and reference materials to service
21 providers, organizations, and other agencies.
22 (4) To promote awareness of minority health
23 concerns, and encourage, promote, and aid in the
24 establishment of minority services.
25 (5) To disseminate information on available
26 minority services.
27 (6) To provide adequate and effective opportunities
28 for minority populations to express their views on
29 Departmental policy development and program
30 implementation.
31 (7) To coordinate with the Department on Aging and
32 the Department of Public Aid to coordinate services
33 designed to meet the needs of minority senior citizens.
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1 (c) For the purpose of this Section, "minority" shall
2 mean and include any person or group of persons who are:
3 (1) African-American (a person having origins in
4 any of the black racial groups in Africa);
5 (2) Hispanic (a person of Spanish or Portuguese
6 culture with origins in Mexico, South or Central America,
7 or the Caribbean Islands, regardless of race);
8 (3) Asian American (a person having origins in any
9 of the original peoples of the Far East, Southeast Asia,
10 the Indian Subcontinent or the Pacific Islands); or
11 (4) American Indian or Alaskan Native (a person
12 having origins in any of the original peoples of North
13 America).
14 (Source: P.A. 87-633; 87-895; 88-254.)
15 (20 ILCS 2310/90-220 new)
16 (was 20 ILCS 2310/55.73)
17 Sec. 90-220. 55.73. Findings; rural obstetrical care.
18 The General Assembly finds that substantial areas of rural
19 Illinois lack adequate access to obstetrical care. The
20 primary cause of this problem is the absence of qualified
21 practitioners who are willing to offer obstetrical services.
22 A significant barrier to recruiting and retaining those
23 practitioners is the high cost of professional liability
24 insurance for practitioners offering obstetrical care.
25 Therefore, the Department, from funds appropriated for
26 that purpose, shall award grants to physicians practicing
27 obstetrics in rural designated shortage areas, as defined in
28 Section 3.04 of the Family Practice Residency Act, for the
29 purpose of reimbursing those physicians for the costs of
30 obtaining malpractice insurance relating to obstetrical
31 services. The Department shall establish reasonable
32 conditions, standards, and duties relating to the application
33 for and receipt of the grants.
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1 (Source: P.A. 88-206; 88-670, eff. 12-2-94.)
2 (20 ILCS 2310/90-225 new)
3 (was 20 ILCS 2310/55.58) (from Ch. 127, par. 55.58)
4 Sec. 90-225. Nurse incentive program for medically
5 underserved areas. 55.58. The Department shall undertake a
6 study to determine what incentives might be necessary to
7 attract nurses to practice in medically underserved areas of
8 Illinois. Based on the research and experience of other
9 states and the private sector, a variety of incentive
10 programs should be examined for their feasibility and
11 possible development and implementation in Illinois. Based
12 upon the results of this study, the Department may implement
13 a nurse incentive program, subject to available
14 appropriations.
15 (Source: P.A. 86-1004.)
16 (20 ILCS 2310/90-230 new)
17 (was 20 ILCS 2310/55.67) (from Ch. 127, par. 55.67)
18 Sec. 90-230. Reevaluation of health manpower shortage
19 areas. 55.67. The Illinois Department of Public Health shall
20 reevaluate the health manpower shortage areas after each
21 decennial census.
22 (Source: P.A. 87-487; 87-895.)
23 (20 ILCS 2310/90-235 new)
24 (was 20 ILCS 2310/55.63) (from Ch. 127, par. 55.63)
25 Sec. 90-235. Impact of trauma care closures. 55.63. The
26 Department shall study the impact of trauma care closures on
27 delivery and access to emergency health care services. The
28 Department shall report its findings to the General Assembly
29 no later than June 1, 1992.
30 (Source: P.A. 87-633.)
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1 (20 ILCS 2310/90-250 new)
2 (was 20 ILCS 2310/55.13) (from Ch. 127, par. 55.13)
3 Sec. 90-250. Distribution of vaccines and other medicines
4 and products. 55.13. To acquire and distribute free of charge
5 for the benefit of citizens of the State upon request by
6 physicians licensed in Illinois to practice medicine in all
7 of its branches or by licensed hospitals in the State
8 diphtheria antitoxin, typhoid vaccine, smallpox vaccine,
9 poliomyelitis vaccine and other sera, vaccines,
10 prophylactics, and drugs that such as are of recognized
11 efficiency in the diagnosis, prevention, and treatment of
12 diseases; also biological products, blood plasma, penicillin,
13 sulfonamides, and such other products and medicines that as
14 are of recognized therapeutic efficiency in the use of first
15 aid treatment in case of accidental injury or in the
16 prevention and treatment of diseases or conditions harmful to
17 health; provided that those such drugs shall be manufactured
18 only during the such period that as they are not made readily
19 available by private sources. These medications and biologics
20 may be distributed through public and private agencies or
21 individuals and firms designated by the Director as
22 authorized agencies for this purpose.
23 (Source: Laws 1963, p. 3222.)
24 (20 ILCS 2310/90-255 new)
25 (was 20 ILCS 2310/55.75)
26 Sec. 90-255. 55.75. Immunization outreach programs
27 Program.
28 (a) The Illinois General Assembly finds and declares the
29 following:
30 (1) There is a growing number of 2-year-old
31 children who have not received the necessary childhood
32 immunizations to prevent communicable diseases.
33 (2) The reasons these children do not receive
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1 immunizations are many and varied. These reasons
2 include, but are not limited to, the following:
3 (A) Their parents live in poverty and do not
4 have access to insurance coverage for health care
5 and immunizations.
6 (B) Their parents come from non-English
7 speaking cultures where the importance of early
8 childhood immunizations has not been emphasized.
9 (C) Their parents do not receive adequate
10 referral to immunization programs or do not have
11 access to public immunization programs through other
12 public assistance services.
13 (3) (D) The percentage of fully immunized
14 African-American and Hispanic 2-year-old children is
15 significantly less than that for Whites.
16 (4) (E) The ages of concern that remain are infancy
17 and preschool, especially for those children at high risk
18 because of a medical condition or because of social and
19 environmental factors.
20 (5) (F) Ensuring protective levels of immunization
21 against communicable disease for these children is the
22 most historically proven cost-effective preventive
23 measure available to public health agencies.
24 (6) (3) It is the intent of the General Assembly to
25 establish an immunization outreach program to respond to
26 this problem.
27 (b) The Department, of Public Health in cooperation with
28 county, multiple county, and municipal health departments,
29 may establish permanent, temporary, or mobile sites for
30 immunizing children or referring parents to other programs
31 that provide immunizations and comprehensive health services.
32 These sites may include, but are not limited to, the
33 following:
34 (1) Public places where parents of children at high
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1 risk of remaining unimmunized reside, shop, worship, or
2 recreate.
3 (2) School grounds, either during regular hours,
4 evening hours, or on weekends.
5 (3) Places on or adjacent to sites of public or
6 community-based agencies or programs that either provide
7 or refer persons to public assistance programs or
8 services.
9 (c) Outreach programs shall, to the extent feasible,
10 include referral components intended to link immunized
11 children with available public or private primary care
12 providers to increase access to continuing pediatric care
13 including subsequent immunization services.
14 (d) The population to be targeted by the programs
15 program shall include children who do not receive
16 immunizations through private third-party sources or other
17 public sources with priority given to infants and children
18 from birth up to age 3. Outreach programs shall provide
19 information to the families of children being immunized about
20 possible reactions to the vaccine and about follow-up
21 referral sources.
22 (Source: P.A. 88-493; 88-670, eff. 12-2-94.)
23 (20 ILCS 2310/90-275 new)
24 (was 20 ILCS 2310/55.61) (from Ch. 127, par. 55.61)
25 Sec. 90-275. 55.61. Child health insurance plan study.
26 (a) The Department, in cooperation with the Department
27 of Insurance and the Department of Public Aid, shall
28 undertake a study to determine the feasibility of
29 establishing a child health insurance plan to provide primary
30 and preventive health care services for children. The study
31 shall provide an analysis of the types of health care
32 services and benefits needed, including, but not limited to,
33 well-child care, diagnosis and treatment of illness and
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1 injury, prescription drugs, and laboratory services. The
2 study shall include an analysis of the cost of the plan and
3 possible sources of funding. The study shall include a
4 review of similar plans operating in other states.
5 (b) The Department shall file its report as provided in
6 Section 3.1 of the General Assembly Organization Act no later
7 than 6 months after January 1, 1992 the effective date of
8 this amendatory Act of 1991.
9 (Source: P.A. 87-252.)
10 (20 ILCS 2310/90-300 new)
11 (was 20 ILCS 2310/55.78)
12 Sec. 90-300. 55.78. Healthy Families initiative; child
13 abuse and neglect.
14 (a) The Department of Public Health, in cooperation with
15 the Department of Children and Family Services, the Illinois
16 Department of Public Aid, and other related State and
17 community agencies, shall convene a steering committee to
18 develop a plan to implement a Healthy Families statewide
19 initiative to prevent the occurrence of child abuse and
20 neglect and to promote positive child health and development.
21 The program shall be based on the Healthy Families America
22 model of a voluntary program to identify at-risk families who
23 are confronted with a significant number of elements that
24 could lead to child abuse and neglect and to offer help
25 before any incidence occurs.
26 (b) The goals of the Healthy Families Initiative shall
27 include the following:
28 (1) Strengthening family functioning.
29 (2) Enhancing child development.
30 (3) Promoting positive parenting.
31 (4) Enhancing parent-child interaction.
32 (5) Ensuring primary health care for all families.
33 (6) Ensuring appropriate use of health and
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1 community resources in providing prevention services and
2 the promotion of positive child health and development.
3 (c) The steering committee may review similar programs
4 operating in other states. The Initiative must provide a
5 comprehensive, coordinated program of prevention services for
6 infants and young children through a voluntary home visitor
7 program for new parents and their children. The plan shall
8 utilize and may expand existing programs and services
9 currently operating in the State. Where there are no
10 existing services, the Department may authorize the
11 development of new local programs, which incorporate the
12 proven critical elements contained in the Healthy Families
13 America model. The programs shall include an evaluation
14 component. The Department is authorized to contract for the
15 study. The Department may provide, by grant or contract,
16 support to a statewide child abuse prevention organization
17 for the development and implementation of the Healthy
18 Families initiative and evaluation. Funds for the Healthy
19 Families initiative shall be sought from the federal
20 government and State human service code departments. Private
21 sponsorship may also be sought.
22 (d) The steering committee shall inventory State and
23 local resources providing relevant home visitation services
24 to families and evaluate how these resources may be included
25 in a statewide Healthy Families implementation plan. This
26 may result in renaming current programs and bringing them
27 into compliance with the requirements of the Healthy Families
28 America model to create a comprehensive statewide system that
29 can be effectively monitored and evaluated.
30 (e) The Department shall report to the Governor and
31 General Assembly on the Healthy Families initiative plan and
32 submit recommendations by January 1, 1995.
33 (Source: P.A. 88-614, eff. 9-7-94; 89-235, eff. 8-4-95.)
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1 (20 ILCS 2310/90-305 new)
2 (was 20 ILCS 2310/55.64) (from Ch. 127, par. 55.64)
3 Sec. 90-305. 55.64. Public information campaign;
4 brochure; shaken infant syndrome.
5 (a) The Department of Public Health may conduct an
6 information campaign for the general public concerning the
7 dangers of shaking infants and young children. The
8 information shall inform the public about the risks of
9 shaking children and ways to reduce the causes of shaking
10 children.
11 (b) The Department may prepare a brochure describing the
12 dangers of shaking infants and young children. The
13 description shall include information on the effects of
14 shaking children, appropriate ways to manage the causes for
15 shaking children, and discussion on how to reduce the risk of
16 shaking. The brochure shall be distributed free of charge to
17 the parents or guardians of each newborn upon discharge of
18 the infant from a hospital or other health facility.
19 (Source: P.A. 87-633; 87-895.)
20 (20 ILCS 2310/90-310 new)
21 (was 20 ILCS 2310/55.79)
22 Sec. 90-310. 55.79. Spousal abuse study. The Department
23 shall conduct a study of spousal abuse. The study shall
24 include, but not be limited to, identification of causes of
25 spousal abuse and identification of specific age groups
26 affected by spousal abuse. On or before January 1, 1996, the
27 Department shall report its findings to the Governor and the
28 General Assembly, together with its specific recommendations
29 for preventing spousal abuse and for a program to be
30 administered by the Department to assist victims of spousal
31 abuse.
32 (Source: P.A. 88-622, eff. 1-1-95; 89-235, eff. 8-4-95.)
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1 (20 ILCS 2310/90-315 new)
2 (was 20 ILCS 2310/55.41) (from Ch. 127, par. 55.41)
3 Sec. 90-315. Prevention and treatment of AIDS. 55.41. To
4 perform the following in relation to the prevention and
5 treatment of acquired immunodeficiency syndrome (AIDS):
6 (1) (a) Establish a State AIDS Control Unit within the
7 Department as a separate administrative subdivision, to
8 coordinate all State programs and services relating to the
9 prevention, treatment, and amelioration of AIDS.
10 (2) (b) Conduct a public information campaign for
11 physicians, hospitals, health facilities, public health
12 departments, law enforcement personnel, public employees,
13 laboratories, and the general public on acquired
14 immunodeficiency syndrome (AIDS) and to promote necessary
15 measures to reduce the incidence of AIDS and the mortality
16 from AIDS. This program shall include, but not be limited to,
17 the establishment of a statewide hotline and a State AIDS
18 information clearinghouse that will provide periodic reports
19 and releases to public officials, health professionals,
20 community service organizations, and the general public
21 regarding new developments or procedures concerning
22 prevention and treatment of AIDS.
23 (3) (c) Establish an AIDS Advisory Council consisting of
24 25 persons appointed by the Governor, including
25 representation from public and private agencies,
26 organizations, and facilities involved in AIDS research,
27 prevention, and treatment, which shall advise the Department
28 on the State AIDS Control Plan. The terms of the initial
29 appointments shall be staggered so that 13 members are
30 appointed for 2-year terms and 12 members are appointed for
31 4-year terms. All subsequent appointments shall be for 4-year
32 terms. Members shall serve without compensation, but may be
33 reimbursed for expenses incurred in relation to their duties
34 on the Council. A Chairman, and such other officers that as
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1 may be considered necessary, shall be elected from among the
2 members. Any vacancy shall be filled for the term of the
3 original appointment. Members whose terms have expired may
4 continue to serve until their successors are appointed.
5 (4) (d) Establish alternative blood test services that
6 are not operated by a blood bank, plasma center or hospital.
7 The Department shall prescribe by rule minimum criteria,
8 standards and procedures for the establishment and operation
9 of such services, which shall include, but not be limited to
10 requirements for the provision of information, counseling and
11 referral services that ensure appropriate counseling and
12 referral for persons whose blood is tested and shows evidence
13 of exposure to the human immunodeficiency virus (HIV) or
14 other identified causative agent of acquired immunodeficiency
15 syndrome (AIDS).
16 (5) (e) Establish regional and community service
17 networks of public and private service providers or health
18 care professionals who may be involved in AIDS research,
19 prevention and treatment.
20 (6) (f) Provide grants to individuals, organizations or
21 facilities to support the following:
22 (A) (1) Information, referral, and treatment
23 services.;
24 (B) (2) Interdisciplinary workshops for
25 professionals involved in research and treatment.;
26 (C) (3) Establishment and operation of a statewide
27 hotline.;
28 (D) (4) Establishment and operation of alternative
29 testing services.;
30 (E) (5) Research into detection, prevention, and
31 treatment.;
32 (F) (6) Supplementation of other public and private
33 resources.;
34 (G) (7) Implementation by long-term care facilities
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1 of Department standards and procedures for the care and
2 treatment of persons with AIDS, and the development of
3 adequate numbers and types of placements for those such
4 persons.
5 (7) (g) Conduct a study and report to the Governor and
6 the General Assembly by July 1, 1988, on the public and
7 private costs of AIDS medical treatment, including the
8 availability and accessibility of inpatient, outpatient,
9 physician, and community support services.
10 (8) (h) Accept any gift, donation, bequest, or grant of
11 funds from private or public agencies, including federal
12 funds that may be provided for AIDS control efforts.
13 (9) (i) Develop and implement, in consultation with the
14 Long-Term Care Facility Advisory Board, standards and
15 procedures for long-term care facilities that provide care
16 and treatment of persons with AIDS, including appropriate
17 infection control procedures. The Department shall work
18 cooperatively with organizations representing those such
19 facilities to develop adequate numbers and types of
20 placements for persons with AIDS, and shall advise those such
21 facilities on proper implementation of its standards and
22 procedures.
23 (10 (j) The Department shall create and administer a
24 training program for State employees who have a need for
25 understanding matters relating to AIDS in order to deal with
26 or advise the public. The Such training shall include
27 information on the cause and effects of AIDS, the means of
28 detecting it and preventing its transmission, the
29 availability of related counseling and referral, and such
30 other matters that as may be appropriate. The Such training
31 may also be made available to employees of local governments,
32 public service agencies, and private agencies that which
33 contract with the State; in those such cases the Department
34 may charge a reasonable fee to recover the cost of the
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1 training.
2 (11) (k) Approve tests or testing procedures used in
3 determining exposure to HIV or any other identified causative
4 agent of AIDS.
5 (Source: P.A. 85-1209; 85-1248; 85-1440.)
6 (20 ILCS 2310/90-320 new)
7 (was 20 ILCS 2310/55.56) (from Ch. 127, par. 55.56)
8 Sec. 90-320. AIDS awareness programs and materials.
9 55.56.
10 (a) The Department of Public Health shall include within
11 its AIDS awareness programs and materials, information
12 directed toward Hispanics, African Americans, and other
13 population groups in Illinois that are considered high risk
14 populations for AIDS and AIDS-related complex. The Such
15 information shall inform high risk groups about the
16 transmission of the AIDS virus, the prevention of infection,
17 the treatment available for the disease, and how treatment
18 may be obtained.
19 (b) The Department of Public Health shall include in its
20 AIDS campaign material information directed toward
21 African-Americans and Hispanics. This information shall
22 include educational videos, in English and in Spanish,
23 directed toward teenagers who are members of high risk
24 population groups. The Department shall seek the advice and
25 assistance of community-based organizations representing
26 these populations with respect to the most effective methods
27 to educate persons within these populations about AIDS.
28 (Source: P.A. 89-363, eff. 1-1-96.)
29 (20 ILCS 2310/90-325 new)
30 (was 20 ILCS 2310/55.45) (from Ch. 127, par. 55.45)
31 Sec. 90-325. Donors of semen for artificial
32 insemination; AIDS test; penalty. 55.45.
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1 (a) The Department shall by rule require that all donors
2 of semen for purposes of artificial insemination be tested
3 for evidence of exposure to human immunodeficiency virus
4 (HIV) or any other identified causative agent of acquired
5 immunodeficiency syndrome (AIDS) prior to the semen being
6 made available for that such use.
7 (b) In performing the technique of human artificial
8 insemination in this State, no person shall intentionally,
9 knowingly, recklessly, or negligently use the semen of a
10 donor who has not been tested in accordance with subsection
11 (a), or the semen of a donor who has tested positive for
12 exposure to HIV or any other identified causative agent of
13 AIDS. Violation of this subsection (b) shall be a Class A
14 misdemeanor.
15 (Source: P.A. 85-1209.)
16 (20 ILCS 2310/90-330 new)
17 (was 20 ILCS 2310/55.46) (from Ch. 127, par. 55.46)
18 Sec. 90-330. Sperm and tissue bank registry; AIDS test
19 for donors; penalties. 55.46.
20 (a) The Department shall establish a registry of all
21 sperm banks and tissue banks operating in this State. All
22 sperm banks and tissue banks operating in this State shall
23 register with the Department by May 1 of each year. Any
24 person, hospital, clinic, corporation, partnership, or other
25 legal entity that which operates a sperm bank or tissue bank
26 in this State and fails to register with the Department
27 pursuant to this Section commits a business offense and shall
28 be subject to a fine of $5000.
29 (b) All donors of semen for purposes of artificial
30 insemination, or donors of corneas, bones, organs, or other
31 human tissue for the purpose of injecting, transfusing, or
32 transplanting any of them in the human body, shall be tested
33 for evidence of exposure to human immunodeficiency virus
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1 (HIV) and any other identified causative agent of acquired
2 immunodeficiency syndrome (AIDS) at the time of or after the
3 donation, but prior to the semen, corneas, bones, organs, or
4 other human tissue being made available for that such use.
5 However, when in the opinion of the attending physician the
6 life of a recipient of a bone, organ, or other human tissue
7 donation would be jeopardized by delays caused by testing for
8 evidence of exposure to HIV and any other causative agent of
9 AIDS, testing shall not be required.
10 (c) No person may intentionally, knowingly, recklessly,
11 or negligently use the semen, corneas, bones, organs, or
12 other human tissue of a donor unless the requirements of
13 subsection (b) have been met. No person may intentionally,
14 knowingly, recklessly, or negligently use the semen, corneas,
15 bones, organs, or other human tissue of a donor who has
16 tested positive for exposure to HIV or any other identified
17 causative agent of AIDS. Violation of this subsection (c)
18 shall be a Class 4 felony.
19 (d) For the purposes of this Section, "human tissue"
20 shall not be construed to mean whole blood or its component
21 parts.
22 For the purposes of this Section, "tissue bank" means any
23 facility or program that is involved in procuring,
24 furnishing, donating, processing, or distributing corneas,
25 bones, organs, or other human tissue for the purpose of
26 injecting, transfusing, or transplanting any of them in the
27 human body.
28 (Source: P.A. 85-1209.)
29 (20 ILCS 2310/90-335 new)
30 (was 20 ILCS 2310/55.43) (from Ch. 127, par. 55.43)
31 Sec. 90-335. Alzheimer's disease; exchange of
32 information; autopsies. 55.43.
33 (a) The Department of Public Health shall establish
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1 policies, procedures, standards, and criteria for the
2 collection, maintenance, and exchange of confidential
3 personal and medical information necessary for the
4 identification and evaluation of victims of Alzheimer's
5 disease and related disorders, and for the conduct of
6 consultation, referral, and treatment through personal
7 physicians, primary Alzheimer's centers, and regional
8 Alzheimer's assistance centers provided for in the
9 Alzheimer's Disease Assistance Act, enacted by the 84th
10 General Assembly. These Such requirements shall include
11 procedures for obtaining the necessary consent of a patient
12 or guardian to the disclosure and exchange of that such
13 information among providers of services service within an
14 Alzheimer's disease assistance network, and for the
15 maintenance of the such information in a centralized medical
16 information system administered by a regional Alzheimer's
17 center. Nothing in this Section requires disclosure or
18 exchange of information pertaining to confidential
19 communications between patients and therapists, or disclosure
20 or exchange of information contained within a therapist's
21 personal notes.
22 (b) Any person identified as a victim of Alzheimer's
23 disease or a related disorder under the Alzheimer's Disease
24 Assistance Act, enacted by the 84th General Assembly, shall
25 be provided information regarding the critical role that
26 autopsies play in the diagnosis and in the conduct of
27 research into the cause and cure of Alzheimer's disease and
28 related disorders. The Such person, or the spouse or
29 guardian of the such person, shall be encouraged to consent
30 to an autopsy upon the person's his death.
31 The Department of Public Health shall provide information
32 to medical examiners and coroners in this State regarding the
33 importance of autopsies in the diagnosis and in the conduct
34 of research into the causes and cure of Alzheimer's disease
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1 and related disorders. The Department shall also arrange for
2 education and training programs that will enable medical
3 examiners and coroners to conduct autopsies necessary for a
4 proper diagnosis of Alzheimer's disease or related disorders
5 as the cause or a contributing factor to a death.
6 (Source: P.A. 84-1308.)
7 (20 ILCS 2310/90-340 new)
8 (was 20 ILCS 2310/55.68) (from Ch. 127, par. 55.68)
9 Sec. 90-340. 55.68. Bone marrow donor education. From
10 funds made available by the General Assembly for the purpose
11 of bone marrow donor education, the Director of Public Health
12 shall:
13 (1) (a) Educate residents of the State about (i)
14 the need for bone marrow donors; (ii) the procedures
15 required to become registered as a potential bone marrow
16 donor, including the procedures for determining the
17 person's tissue type; and (iii) the medical procedures a
18 donor must undergo to donate bone marrow and the
19 attendant risks of the procedure.
20 (2) (b) Make special efforts to educate and recruit
21 minority populations to volunteer as potential bone
22 marrow donors. Means of communication may include use of
23 press, radio, and television, and placement of
24 educational materials in appropriate health care
25 facilities, blood banks, and State and local agencies.
26 (3) (c) Conduct a bone marrow donor drive to
27 encourage State employees to volunteer to be potential
28 bone marrow donors. The drive shall include educational
29 materials and presentations that explain the need for
30 bone marrow donors, and the procedures for becoming
31 registered as a potential bone marrow donor. The
32 Director of Central Management Services shall provide
33 assistance as needed to organize and conduct the drive.
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1 (4) (d) In conjunction with the Secretary of State,
2 make educational materials available at all places where
3 driver's licenses are issued or renewed.
4 (Source: P.A. 87-659; 87-895.)
5 (20 ILCS 2310/90-345 new)
6 (was 20 ILCS 2310/55.49) (from Ch. 127, par. 55.49)
7 Sec. 90-345. Breast cancer; written summary regarding
8 early detection and treatment. 55.49.
9 (a) From funds made available for this purpose, the
10 Department of Public Health shall publish, in layman's
11 language, a standardized written summary outlining methods
12 for the early detection and diagnosis of breast cancer. The
13 summary shall include recommended guidelines for screening
14 and detection of breast cancer through the use of techniques
15 that shall include but not be limited to self-examination and
16 diagnostic radiology.
17 (b) The summary shall also suggest that women seek
18 mammography services from facilities that are certified to
19 perform mammography as required by the federal Mammography
20 Quality Standards Act of 1992.
21 (c) The summary shall also include the medically viable
22 alternative methods for the treatment of breast cancer,
23 including, but not limited to, hormonal, radiological,
24 chemotherapeutic, or surgical treatments, or combinations
25 thereof. The summary shall contain information on breast
26 reconstructive surgery, including, but not limited to, the
27 use of breast implants and their side effects. The summary
28 shall inform the patient of the advantages, disadvantages,
29 risks, and dangers of the various procedures. The summary
30 shall include (i) a statement that mammography is the most
31 accurate method for making an early detection of breast
32 cancer, however, no diagnostic tool is 100% effective and
33 (ii) instructions for instructions for performing breast
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1 self-examination and a statement that it is important to
2 perform a breast self-examination monthly.
3 (d) In developing the summary, the Department shall
4 consult with the Advisory Board of Cancer Control, the
5 Illinois State Medical Society and consumer groups. The
6 summary shall be updated by the Department every 2 years.
7 (e) The summaries shall additionally be translated into
8 Spanish, and the Department shall conduct a public
9 information campaign to distribute the summaries to the
10 Hispanic women of this State in order to inform them of the
11 importance of early detection and mammograms.
12 (f) The Department shall distribute the summary to
13 hospitals, public health centers, and physicians who are
14 likely to perform or order diagnostic tests for breast
15 disease or treat breast cancer by surgical or other medical
16 methods. Those hospitals, public health centers, and
17 physicians shall make the summaries available to the public.
18 The Department shall also distribute the summaries to any
19 person, organization, or other interested parties upon
20 request. The summaries may be duplicated by any person,
21 provided the such copies are identical to the current summary
22 prepared by the Department.
23 (g) The summary shall display, on the inside of its
24 cover, printed in capital letters, in bold face type, the
25 following paragraph:
26 "The information contained in this brochure regarding
27 recommendations for early detection and diagnosis of breast
28 disease and alternative breast disease treatments is only for
29 the purpose of assisting you, the patient, in understanding
30 the medical information and advice offered by your physician.
31 This brochure cannot serve as a substitute for the sound
32 professional advice of your physician. The availability of
33 this brochure or the information contained within is not
34 intended to alter, in any way, the existing physician-patient
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1 relationship, nor the existing professional obligations of
2 your physician in the delivery of medical services to you,
3 the patient."
4 (h) The summary shall be updated when necessary.
5 (Source: P.A. 89-187, eff. 7-19-95.)
6 (20 ILCS 2310/90-350 new)
7 (was 20 ILCS 2310/55.70)
8 Sec. 90-350. 55.70. Breast and Cervical Cancer Research
9 Fund. From funds appropriated from the Breast and Cervical
10 Cancer Research Fund, the Department of Public Health shall
11 award grants to eligible physicians, hospitals, laboratories,
12 education institutions, and other organizations and persons
13 to enable organizations and persons to conduct research. For
14 the purposes of this Section, "research" includes, but is not
15 limited to, expenditures to develop and advance the
16 understanding, techniques, and modalities effective in early
17 detection, prevention, cure, screening, and treatment of
18 breast and cervical cancer and may include clinical trials.
19 Moneys received for the purposes of this Section,
20 including but not limited to income tax checkoff receipts and
21 gifts, grants, and awards from private foundations, nonprofit
22 organizations, other governmental entities, and persons shall
23 be deposited into the Breast and Cervical Cancer Research
24 Fund, which is hereby created as a special fund in the State
25 treasury.
26 The Department of Public Health shall create an advisory
27 committee with members from, but not limited to, the Illinois
28 Chapter of the American Cancer Society, Y-Me, and the State
29 Board of Health for the purpose of awarding research grants
30 under this Section. Members of the advisory committee shall
31 not be eligible for any financial compensation or
32 reimbursement.
33 (Source: P.A. 88-85; 88-459; 88-670, eff. 12-2-94.)
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1 (20 ILCS 2310/90-355 new)
2 (was 20 ILCS 2310/55.23) (from Ch. 127, par. 55.23)
3 Sec. 90-355. Cancer, heart disease, and other chronic
4 diseases. 55.23. To promote necessary measures to reduce the
5 mortality from cancer, heart disease, and other chronic
6 diseases.
7 (Source: Laws 1951, p. 1512.)
8 (20 ILCS 2310/90-360 new)
9 (was 20 ILCS 2310/55.80)
10 Sec. 90-360. 55.80. Division chief of dental health.
11 The Department shall select a division chief of dental health
12 who shall be a dentist licensed under the Illinois Dental
13 Practice Act. The division chief of dental health shall
14 plan, direct, and coordinate all dental public health
15 programs within the State of Illinois and shall integrate
16 dental public health programs with other local, State, and
17 national health programs; shall serve as the Department's
18 chief advisor on matters involving dental health; shall
19 maintain direction for monitoring and supervising the
20 statewide fluoridation program within Illinois; and shall
21 plan, implement, and evaluate all dental programs within the
22 Department.
23 (Source: P.A. 89-44, eff. 1-1-96.)
24 (20 ILCS 2310/90-365 new)
25 (was 20 ILCS 2310/55.31b) (from Ch. 127, par. 55.31b)
26 Sec. 90-365. Health and Hazardous Substances Registry.
27 55.31b. To require hospitals, laboratories, or other
28 facilities in the State to report each incidence of cancer
29 diagnosed by those such hospitals, laboratories, or
30 facilities, along with any other information the Department
31 may require in order to develop a Health and Hazardous
32 Substances Registry pursuant to the Illinois Health and
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1 Hazardous Substances Registry Act.
2 The Department shall promulgate rules and regulations as
3 are necessary to implement the provisions of this Section
4 pursuant to the Illinois Administrative Procedure Act.
5 (Source: P.A. 84-290.)
6 (20 ILCS 2310/90-370 new)
7 (was 20 ILCS 2310/55.76)
8 Sec. 90-370 55.76. Heart Disease Treatment and
9 Prevention Fund; grants. From funds appropriated from the
10 Heart Disease Treatment and Prevention Fund, a special fund
11 created in the State treasury, the Illinois Department of
12 Public Health shall make grants to public and private
13 agencies for the purposes of funding (i) research into
14 causes, prevention, and treatment of heart disease and (ii)
15 public education relating to treatment and prevention of
16 heart disease with the State of Illinois.
17 (Source: P.A. 88-666, eff. 9-16-94; 89-235, eff. 8-4-95.)
18 (20 ILCS 2310/90-375 new)
19 (was 20 ILCS 2310/55.36) (from Ch. 127, par. 55.36)
20 Sec. 90-375. Hepatitis report. 55.36. To report to the
21 General Assembly by March 1 of every odd-numbered year
22 regarding research development in preventing the transmission
23 of and isolating hepatitis viruses. The Such report shall
24 include evaluations of better blood testing procedures prior
25 to the transfusion of blood, yearly comparisons of the
26 transmission rate and frequency of hepatitis viruses due to
27 the transfusion of blood, and summarizations of research
28 projects during each 2-year period. The filing of one copy of
29 the report with the Clerk of the House of Representatives and
30 one copy with the Secretary of the Senate shall be deemed
31 sufficient to comply with this Section.
32 (Source: P.A. 80-753.)
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1 (20 ILCS 2310/90-380 new)
2 (was 20 ILCS 2310/55.52) (from Ch. 127, par. 55.52)
3 Sec. 90-380. Prenatal transmission of HIV infection.
4 55.52. The Department shall develop and implement a public
5 education program to reduce the prenatal transmission of HIV
6 infection. The program shall be targeted toward population
7 groups whose behavior places them at the risk of HIV
8 infection. The program shall target women specifically, and
9 any materials included in the program shall be in English and
10 in Spanish.
11 (Source: P.A. 89-363, eff. 1-1-96.)
12 (20 ILCS 2310/90-385 new)
13 (was 20 ILCS 2310/55.31a) (from Ch. 127, par. 55.31a)
14 Sec. 90-385. Hospice care. 55.31a. To provide education
15 and consultation in relation to hospice care.
16 As used in this Section, "hospice" means a program that
17 provides specialized care for terminally ill persons.
18 (Source: P.A. 81-1392.)
19 (20 ILCS 2310/90-390 new)
20 (was 20 ILCS 2310/55.65) (from Ch. 127, par. 55.65)
21 Sec. 90-390. 55.65. Lyme disease. The Department of
22 Public Health shall establish policies, procedures,
23 standards, and criteria for the collection, maintenance, and
24 exchange of medical information necessary for the
25 identification and evaluation of lyme disease. The
26 Department shall include in its public health promotion
27 programs and materials the medical information about the
28 symptoms, causes, prevention, and treatment of lyme disease
29 and how treatment may be obtained.
30 (Source: P.A. 87-295; 87-895.)
31 (20 ILCS 2310/90-395 new)
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1 (was 20 ILCS 2310/55.72)
2 Sec. 90-395. 55.72. Task Force on Organ Transplantation.
3 (a) There is established within the Department of Public
4 Health a Task Force on Organ Transplantation ("the Task
5 Force"). The Task Force shall have the following 21 members:
6 (1) The Director of Public Health, ex officio, or
7 his or her designee.
8 (2) The Secretary of State, ex officio, or his or
9 her designee.
10 (3) Four members, appointed one each by the
11 President of the Senate, the Minority Leader of the
12 Senate, the Speaker of the House of Representatives, and
13 the Minority Leader of the House of Representatives.
14 (4) Fifteen members appointed by the Director of
15 Public Health as follows: 2 physicians (at least one of
16 whom shall have experience in organ transplantation); one
17 representative of medical schools; one representative of
18 hospitals; one representative of insurers or
19 self-insurers; one representative of an organization
20 devoted to organ donation or the coordination of organ
21 donations; one representative of an organization that
22 deals with tissue donation or the coordination of tissue
23 donations; one representative from the Illinois
24 Department of Public Aid; one representative from the
25 Illinois Eye Bank Community; one representative from the
26 Illinois Hospital and Health Systems Association; one
27 representative from the Illinois State Coroners
28 Association; one representative from the Illinois State
29 Medical Society; one representative from Mid-America
30 Transplantation Services; and 2 members of the general
31 public who are knowledgeable in areas of the Task Force's
32 work.
33 (b) The Task Force shall conduct a comprehensive
34 examination of the medical, legal, ethical, economic, and
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1 social issues presented by human organ procurement and
2 transplantation.
3 (c) The Task Force shall report its findings and
4 recommendations to the Governor and the General Assembly on
5 or before January 1, of each year, and the Task Force's final
6 report shall be filed on or before January 1, 1999. The
7 report shall include, but need not be limited to, the
8 following:
9 (1) An assessment of public and private efforts to
10 procure human organs for transplantation and an
11 identification of factors that diminish the number of
12 organs available for transplantation.
13 (2) An assessment of problems in coordinating the
14 procurement of viable human organs and tissue including
15 skin and bones.
16 (3) Recommendations for the education and training
17 of health professionals, including physicians, nurses,
18 and hospital and emergency care personnel, with respect
19 to organ procurement.
20 (4) Recommendations for the education of the
21 general public, the clergy, law enforcement officers,
22 members of local fire departments, and other agencies and
23 individuals that may be instrumental in affecting organ
24 procurement.
25 (5) Recommendations for ensuring assuring equitable
26 access by patients to organ transplantation and for
27 ensuring assuring the equitable allocation of donated
28 organs among transplant centers and among patients
29 medically qualified for an organ transplant.
30 (6) An identification of barriers to the donation
31 of organs to patients (with special emphasis on pediatric
32 patients), including an assessment of each of the
33 following:
34 (A) Barriers to the improved identification of
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1 organ donors and their families and organ
2 recipients.
3 (B) The number of potential organ donors and
4 their geographical distribution.
5 (C) Current health care services provided for
6 patients who need organ transplantation and organ
7 procurement procedures, systems, and programs that
8 affect those patients.
9 (D) Cultural factors affecting the facility
10 with respect to the donation of the organs.
11 (E) Ethical and economic issues relating to
12 organ transplantation needed by chronically ill
13 patients.
14 (7) An analysis of the factors involved in
15 insurance reimbursement for transplant procedures by
16 private insurers and the public sector.
17 (8) An analysis of the manner in which organ
18 transplantation technology is diffused among and adopted
19 by qualified medical centers, including a specification
20 of the number and geographical distribution of qualified
21 medical centers using that technology and an assessment
22 of whether the number of centers using that technology is
23 sufficient or excessive and whether the public has
24 sufficient access to medical procedures using that
25 technology.
26 (9) Recommendations for legislative changes
27 necessary to make organ transplants more readily
28 available to Illinois citizens.
29 (d) The Director of Public Health shall review the
30 progress of the Task Force to determine the need for its
31 continuance, and the Director shall report this determination
32 to the Governor and the General Assembly on or before January
33 1, 1999.
34 (Source: P.A. 88-129; 88-670, eff. 12-2-94; 89-555, eff.
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1 7-26-96.)
2 (20 ILCS 2310/90-400 new)
3 (was 20 ILCS 2310/55.83)
4 Sec. 90-400. 55.83. Sarcoidosis. The Department of Public
5 Health shall make available, to the general public,
6 information on the disease known as sarcoidosis. The
7 information shall include symptoms and treatments of the
8 disease and the address for the Sarcoidosis Research Center.
9 (Source: P.A. 89-476, eff. 1-1-97.)
10 (20 ILCS 2310/90-405 new)
11 (was 20 ILCS 2310/55.55) (from Ch. 127, par. 55.55)
12 Sec. 90-405. Sexually transmitted diseases; inherited
13 metabolic diseases. 55.55. The Department of Public Health
14 shall prepare a brochure describing sexually transmitted
15 diseases (including, without limitation, acquired
16 immunodeficiency syndrome, or AIDS) and inherited metabolic
17 diseases (including, without limitation, hemophilia, sickle
18 cell anemia, and Tay-Sachs disease). The descriptions shall
19 include discussion of the ways in which the diseases are
20 transmitted and ways to avoid contacting the diseases. With
21 respect to inherited metabolic diseases, the brochure shall
22 include recommendations that persons who are susceptible to
23 contacting those such diseases obtain genetic counseling. The
24 brochure shall be distributed to each county clerk's office
25 in the State and to any other office where applications for a
26 marriage license are taken, to be distributed free of charge
27 to persons applying for a marriage license or others.
28 (Source: P.A. 86-884; 86-1028.)
29 (20 ILCS 2310/90-410 new)
30 (was 20 ILCS 2310/55.42) (from Ch. 127, par. 55.42)
31 Sec. 90-410. Sickle cell disease. 55.42. To conduct a
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1 public information campaign for physicians, hospitals, health
2 facilities, public health departments, and the general public
3 on sickle cell disease, methods of care, and treatment
4 modalities available; to identify and catalogue sickle cell
5 resources in this State for distribution and referral
6 purposes; and, to coordinate services with the established
7 programs, including State, federal, and voluntary groups.
8 (Source: P.A. 84-412.)
9 (20 ILCS 2310/90-415 new)
10 (was 20 ILCS 2310/55.81)
11 Sec. 90-415. 55.81. Violent injury reporting. The
12 Illinois Department of Public Health shall require hospitals
13 and other facilities in the State to report, in a manner
14 determined by rule, each injury allegedly caused by a violent
15 act. The Illinois Department of Public Health shall
16 coordinate this reporting with existing reporting
17 requirements such as trauma and head and neck injury
18 reporting to reduce duplication of reporting. All
19 information and data reported shall be confidential and
20 privileged in accordance with Part 21 of Article VIII of the
21 Code of Civil Procedure.
22 (Source: P.A. 89-242, eff. 8-4-95; 89-626, eff. 8-9-96.)
23 (20 ILCS 2310/90-420 new)
24 (was 20 ILCS 2310/55.74)
25 Sec. 90-420. 55.74. Violence and homicide; injury
26 prevention.
27 (a) Utilizing existing resources, the Department of
28 Public Health may examine the impact of violence and homicide
29 on the public health and safety of Illinois residents,
30 especially children. Based on their findings, the Department
31 shall, if warranted, declare violence and homicide a public
32 health epidemic and recommend anti-violence and homicide
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1 prevention programs to the Illinois General Assembly.
2 (b) The Section on Injury Prevention is created within
3 the Department of Public Health. The Section on Injury
4 Prevention is charged with coordination and expansion of
5 prevention and control activities related to intentional and
6 unintentional injuries. The duties of the Section on Injury
7 Prevention may include, but may not be limited to, the
8 following:
9 (1) To serve as a data coordinator and analysis
10 source of mortality and injury statistics for other State
11 agencies.
12 (2) To integrate an injury and violence prevention
13 focus within the Department of Public Health.
14 (3) To develop collaborative relationships with
15 other State agencies and private and community
16 organizations to establish programs promoting injury
17 prevention, awareness, and education to reduce
18 automobile, motorcycle, and bicycle injuries and
19 interpersonal violence, including homicide, child abuse,
20 youth violence, domestic violence, sexual assault, and
21 elderly abuse.
22 (4) To support the development of comprehensive
23 community-based injury and violence prevention
24 initiatives within municipalities of this State.
25 (5) To identify possible sources of funding to
26 establish and continue programs to promote prevention of
27 intentional and unintentional injuries.
28 (Source: P.A. 88-312; 88-622, eff. 1-1-95; 88-670, eff.
29 12-2-94.)
30 (20 ILCS 2310/90-425 new)
31 (was 20 ILCS 2310/55.66) (from Ch. 127, par. 55.66)
32 Sec. 90-425 55.66. Health care summary for women.
33 (a) From funds made available from the General Assembly
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1 for this purpose, the Department of Public Health shall
2 publish in plain language, in both an English and a Spanish
3 version, a pamphlet providing information regarding health
4 care for women which shall include the following:
5 (1) A summary of the various medical conditions,
6 including cancer, sexually transmitted diseases,
7 endometriosis, or other similar diseases or conditions
8 widely affecting women's reproductive health, that may
9 require a hysterectomy or other treatment.
10 (2) A summary of the recommended schedule and
11 indications for physical examinations, including, "pap
12 smears" or other tests designed to detect medical
13 conditions of the uterus and other reproductive organs.
14 (3) A summary of the widely accepted medical
15 treatments, including viable alternatives, that may be
16 prescribed for the medical conditions specified in
17 paragraph (1).
18 (b) In developing the summary the Department shall
19 consult with the Illinois State Medical Society and consumer
20 groups. The summary shall be updated by the Department every
21 2 years.
22 (c) The Department shall distribute the summary to
23 hospitals, public health centers, and physicians who are
24 likely to treat medical conditions described in paragraph (1)
25 of subsection (a). Those hospitals, public health centers,
26 and physicians shall make the summaries available to the
27 public. The Department shall also distribute the summaries to
28 any person, organization, or other interested parties upon
29 request. The summary may be duplicated by any person provided
30 the such copies are identical to the current summary prepared
31 by the Department.
32 (d) The summary shall display on the inside of its
33 cover, printed in capital letters and bold face type, the
34 following paragraph:
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1 "The information contained in this brochure is only for
2 the purpose of assisting you, the patient, in understanding
3 the medical information and advice offered by your physician.
4 This brochure cannot serve as a substitute for the sound
5 professional advice of your physician. The availability of
6 this brochure or the information contained within is not
7 intended to alter, in any way, the existing physician-patient
8 relationship, nor the existing professional obligations of
9 your physician in the delivery of medical services to you,
10 the patient."
11 (Source: P.A. 87-335; 87-895.)
12 (20 ILCS 2310/90-430 new)
13 (was 20 ILCS 2310/55.69) (from Ch. 127, par. 55.69)
14 Sec. 90-430. 55.69. Women's health issues.
15 (a) The Department of Public Health shall designate a
16 member of its staff to handle women's health issues not
17 currently or adequately addressed by the Department.
18 (b) The staff person's duties shall include, without
19 limitation:
20 (1) Assisting in the assessment of the health needs
21 of women in the State.
22 (2) Recommending treatment methods and programs
23 that are sensitive and relevant to the unique
24 characteristics of women.
25 (3) Promoting awareness of women's health concerns
26 and encouraging, promoting, and aiding in the
27 establishment of women's services.
28 (4) Providing adequate and effective opportunities
29 for women to express their views on Departmental policy
30 development and program implementation.
31 (Source: P.A. 87-983.)
32 (20 ILCS 2310/90-435 new)
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1 (was 20 ILCS 2310/55.44) (from Ch. 127, par. 55.44)
2 Sec. 90-435. Smoking cessation program for WIC
3 participants. 55.44.
4 (a) (Blank).
5 (b) (Blank).
6 (c) The Department of Public Health, in cooperation with
7 the Department of Human Services, shall maintain a smoking
8 cessation program for participants in the Women, Infants and
9 Children Nutrition Program. The program shall include, but
10 not be limited to, tobacco use screening, education on the
11 effects of tobacco use, and smoking cessation counseling and
12 referrals.
13 (Source: P.A. 89-507, eff. 7-1-97.)
14 (20 ILCS 2310/90-440 new)
15 (was 20 ILCS 2310/55.54) (from Ch. 127, par. 55.54)
16 Sec. 90-440. Pregnant women; medical consequences of
17 alcohol, drug, and tobacco use and abuse. 55.54. The
18 Department of Public Health shall, from funds appropriated
19 for that such purpose, conduct an ongoing, statewide
20 education program to inform pregnant women of the medical
21 consequences of alcohol, drug, and tobacco use and abuse.
22 (Source: P.A. 86-878; 86-1028.)
23 (20 ILCS 2310/90-445 new)
24 (was 20 ILCS 2310/55.71)
25 Sec. 90-445. 55.71. Interagency council on health care
26 for pregnant women and infants.
27 (a) On or before January 1, 1994, the Director, of
28 Public Health in cooperation with the Director of Public Aid,
29 the Director of Children and Family Services, the Director of
30 Alcoholism and Substance Abuse, and the Director of
31 Insurance, shall develop and submit to the Governor a
32 proposal for consolidating all existing health programs
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1 required by law for pregnant women and infants into one
2 comprehensive plan to be implemented by one or several
3 agencies. The proposal shall:
4 (1) include a time schedule for implementing the
5 plan;
6 (2) provide a cost estimate of the plan;
7 (3) identify federal waivers necessary to implement
8 the plan;
9 (4) examine innovative programs; and
10 (5) identify sources of funding for the plan.
11 (b) The plan developed under subsection (a) shall
12 provide the following services statewide:
13 (1) Comprehensive prenatal services for all
14 pregnant women who qualify for existing programs through
15 the Department of Public Aid or the Department of Public
16 Health or any other government-funded programs.;
17 (2) Comprehensive medical care for all infants
18 under 1 year of age.;
19 (3) A case management system under which each
20 family with a child under the plan is assigned a case
21 manager and under which every reasonable effort is made
22 to assure continuity of case management and access to
23 other appropriate social services.; and
24 (4) Services regardless of and fees for services
25 based on clients' ability to pay.
26 (Source: P.A. 88-312.)
27 (20 ILCS 2310/90-500 new)
28 (was 20 ILCS 2310/55.07) (from Ch. 127, par. 55.07)
29 Sec. 90-500. Sanitary investigations. 55.07. To make
30 such sanitary investigations that as it may, from time to
31 time, deem necessary for the preservation and improvement of
32 health.
33 (Source: Laws 1951, p. 1512.)
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1 (20 ILCS 2310/90-505 new)
2 (was 20 ILCS 2310/55.08) (from Ch. 127, par. 55.08)
3 Sec. 90-505. Nuisances; questions affecting security of
4 life and health. 55.08. To make examinations into nuisances
5 and questions affecting the security of life and health in
6 any locality in the State.
7 (Source: Laws 1951, p. 1512.)
8 (20 ILCS 2310/90-510 new)
9 (was 20 ILCS 2310/55.15) (from Ch. 127, par. 55.15)
10 Sec. 90-510. Investigations for preservation and
11 improvement of health. 55.15. To make investigations and
12 inquiries with respect to the causes of disease and death;,
13 and to investigate the effect of environment, including
14 conditions of employment and other conditions that which may
15 affect health;, and to make such other investigations that as
16 it may deem necessary for the preservation and improvement of
17 health.
18 (Source: Laws 1951, p. 1512.)
19 (20 ILCS 2310/90-530 new)
20 (was 20 ILCS 2310/55.04) (from Ch. 127, par. 55.04)
21 Sec. 90-530. Recreational, migrant labor, and other
22 camps. 55.04. To inspect recreational, tourist, migrant
23 labor, and automobile trailer camps and to prepare and
24 enforce rules and regulations governing their construction
25 and operations to the end that they will be constructed and
26 maintained in a sanitary manner.
27 (Source: Laws 1961, p. 3894.)
28 (20 ILCS 2310/90-535 new)
29 (was 20 ILCS 2310/55.21) (from Ch. 127, par. 55.21)
30 Sec. 90-535. Public hospitals, sanitaria, and other
31 institutions. 55.21. To inspect, from time to time, all
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1 hospitals, sanitaria, and other institutions conducted by
2 county, city, village, or township authorities and to report
3 as to the sanitary conditions and needs of those such
4 hospitals, sanitaria, and institutions to the official
5 authority having jurisdiction over them.
6 (Source: Laws 1951, p. 1512.)
7 (20 ILCS 2310/90-540 new)
8 (was 20 ILCS 2310/55.31) (from Ch. 127, par. 55.31)
9 Sec. 90-540. General hospitals; minimum standards for
10 operation; uterine cytologic examinations for cancer. 55.31.
11 To establish and enforce minimum standards for the operation
12 of all general hospitals. The, which standards shall include
13 the requirement that every hospital licensed by the State of
14 Illinois shall offer a uterine cytologic examination for
15 cancer to every female in-patient 20 years of age or over
16 unless considered contra-indicated by the attending physician
17 or unless it has been performed within the previous year.
18 Every woman for whom the test is applicable shall will have
19 the right to refuse the such test on the counsel of the
20 attending physician or on her own judgment. The hospital
21 shall will in all cases maintain records to show either the
22 results of the test or that the test was not applicable or
23 that it was refused.
24 (Source: P.A. 78-292.)
25 (20 ILCS 2310/90-545 new)
26 (was 20 ILCS 2310/55.20) (from Ch. 127, par. 55.20)
27 Sec. 90-545. Charitable, penal, and reformatory
28 institutions; normal schools. 55.20. To make sanitary,
29 health, and other inspections and examinations for the
30 charitable, penal, and reformatory institutions and the
31 normal schools.
32 (Source: Laws 1951, p. 1512.)
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1 (20 ILCS 2310/90-550 new)
2 (was 20 ILCS 2310/55.40) (from Ch. 127, par. 55.40)
3 Sec. 90-550. Long-term care facilities. 55.40. The
4 Department may perform in all long-term care facilities, as
5 defined in the Nursing Home Care Act, all such inspection,
6 evaluation, certification, and inspection of care duties that
7 as the federal government may require the State of Illinois
8 to perform or have performed as a condition of participation
9 in any programs under Title XVIII or Title XIX of the federal
10 Social Security Act.
11 (Source: P.A. 86-820.)
12 (20 ILCS 2310/90-555 new)
13 (was 20 ILCS 2310/55.06) (from Ch. 127, par. 55.06)
14 Sec. 90-555. Public swimming pools; bathing places.
15 55.06. To examine artificially constructed public swimming
16 pools and prepare and enforce rules and regulations governing
17 their construction, operation, and use to the end that they
18 will be constructed and maintained in a sanitary manner; to
19 inspect natural and semi-natural bathing places to determine
20 conformance with Department's recommendation for operation
21 and maintenance of those such areas, and to have the
22 authority to require closing of any area when that such
23 action is considered necessary to prevent possible spread of
24 infection or disease.
25 (Source: Laws 1957, p. 2448.)
26 (20 ILCS 2310/90-575 new)
27 (was 20 ILCS 2310/55.10) (from Ch. 127, par. 55.10)
28 Sec. 90-575. Laboratories and blood banks; minimum
29 standards and examinations. 55.10. To establish and enforce
30 minimum standards for the operation of laboratories,
31 including clinical laboratories and blood banks, making
32 examinations in connection with the diagnosis of disease or
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1 tests for the evaluation of health hazards.
2 (Source: Laws 1965, p. 3238.)
3 (20 ILCS 2310/90-580 new)
4 (was 20 ILCS 2310/55.11) (from Ch. 127, par. 55.11)
5 Sec. 90-580. Certificate of competency to make
6 laboratory tests. 55.11. To issue certificates of competency
7 to persons and laboratories making laboratory tests in
8 connection with the diagnosis of disease or for the
9 evaluation of health hazards and to prepare and enforce rules
10 and regulations relative to the issuance and use of such
11 certificates.
12 (Source: Laws 1965, p. 3238.)
13 (20 ILCS 2505/Art. 95 heading new)
14 ARTICLE 95. DEPARTMENT OF REVENUE
15 (20 ILCS 2505/95-1 new)
16 Sec. 95-1. Article short title. This Article 95 of the
17 Civil Administrative Code of Illinois may be cited as the
18 Department of Revenue Law.
19 (20 ILCS 2505/95-5 new)
20 Sec. 95-5. Definitions. In this Law:
21 "Department" means the Department of Revenue.
22 "Director" means the Director of Revenue.
23 (20 ILCS 2505/95-10 new)
24 (was 20 ILCS 2505/39b) (from Ch. 127, par. 39b)
25 Sec. 95-10. Powers, generally. 39b. The Department of
26 Revenue has the powers enumerated in the following Sections
27 39b1 to 39b50 each inclusive.
28 (Source: P.A. 86-610.)
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1 (20 ILCS 2505/95-15 new)
2 (was 20 ILCS 2505/39b1) (from Ch. 127, par. 39b1)
3 Sec. 95-15. Municipal retailers' occupation and service
4 occupation taxes. The Department has the power 39b1. to
5 administer and enforce all ordinances and resolutions of
6 municipalities imposing a retailers' occupation tax or a
7 service occupation tax as authorized by Sections 8-11-1 and
8 8-11-5, respectively, of the "Illinois Municipal Code",
9 approved May 29, 1961, as amended.
10 (Source: Laws 1965, p. 175.)
11 (20 ILCS 2505/95-20 new)
12 (was 20 ILCS 2505/39b2) (from Ch. 127, par. 39b2)
13 Sec. 95-20. Motor Fuel Tax Law; Environmental Impact Fee
14 Law; fuel tax agreements and programs. 39b2.
15 (a) The Department has the power to administer and
16 enforce the rights, powers and duties contained in the Motor
17 Fuel Tax Law that, approved March 25, 1929, as amended, which
18 relate to the collection of revenues and to succeed to the
19 rights, powers, and duties previously exercised by the
20 Department of Finance in connection therewith; and to
21 administer and enforce all the rights, powers, and duties
22 that relate to the collection of fees under the Environmental
23 Impact Fee Law.
24 (b) The Department of Revenue is authorized to receive
25 federal funds provided for the purpose of facilitating
26 participation in the International Fuel Tax Agreement,
27 International Registration Plan, and other State fuel tax
28 agreements and programs relating to uniform motor fuel
29 taxation and compliance. Those funds shall be deposited in
30 the Motor Fuel Tax Fund and will be available to the
31 Department pursuant to appropriation for its administrative
32 expenses including technical assistance, personnel training,
33 travel costs, and technology and equipment associated with
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1 that such participation. Those Such funds deposited in the
2 Motor Fuel Tax Fund shall not be distributed or allocated as
3 provided in the Motor Fuel Tax Law, but shall be reserved for
4 use by the Department.
5 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
6 (20 ILCS 2505/95-25 new)
7 (was 20 ILCS 2505/39b3) (from Ch. 127, par. 39b3)
8 Sec. 95-25. Retailers' Occupation Tax Act. The Department
9 has the power 39b3. to administer and enforce all the rights,
10 powers, and duties contained in the Retailers' Occupation Tax
11 Act, approved June 28, 1933, as amended, to collect all
12 revenues thereunder and to succeed to all the rights, powers,
13 and duties previously exercised by the Department of Finance
14 in connection therewith.
15 (Source: Laws 1953, p. 1439.)
16 (20 ILCS 2505/95-30 new)
17 (was 20 ILCS 2505/39b4) (from Ch. 127, par. 39b4)
18 Sec. 95-30. Cigarette Tax Act. The Department has the
19 power 39b4. to administer and enforce all the rights, powers,
20 and duties contained in the Cigarette Tax Act, approved June
21 2, 1941, as amended, to collect all revenues thereunder and
22 to succeed to all the rights, powers, and duties previously
23 exercised by the Department of Finance in connection
24 therewith.
25 (Source: Laws 1953, p. 1439.)
26 (20 ILCS 2505/95-35 new)
27 (was 20 ILCS 2505/39b5) (from Ch. 127, par. 39b5)
28 Sec. 95-35. Public Utilities Revenue Act. The Department
29 has the power 39b5. to administer and enforce all the rights,
30 powers, and duties contained in the Public Utilities Revenue
31 Act, approved March 11, 1937, as amended, to collect all
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1 revenues thereunder and to succeed to all the rights, powers,
2 and duties previously exercised by the Department of Finance
3 in connection therewith.
4 (Source: Laws 1953, p. 1439.)
5 (20 ILCS 2505/95-40 new)
6 (was 20 ILCS 2505/39b6) (from Ch. 127, par. 39b6)
7 Sec. 95-40. Liquor Control Act of 1934. The Department
8 has the power 39b6. to administer and enforce all the rights,
9 powers, and duties contained in Articles VII-A and VIII of
10 the Liquor Control Act of 1934 "An Act relating to alcoholic
11 liquor", approved January 31, 1934, as amended, to collect
12 all revenues thereunder and to succeed to all the rights,
13 powers, and duties previously exercised by the Department of
14 Finance in connection therewith.
15 (Source: Laws 1953, p. 1439.)
16 (20 ILCS 2505/95-45 new)
17 (was 20 ILCS 2505/39b7) (from Ch. 127, par. 39b7)
18 Sec. 95-45. Oil Inspection Act. The Department has the
19 power 39b7. to exercise the rights, powers, and duties
20 previously vested in the Department of Finance and its
21 predecessors by the Oil Inspection Act, approved June 26,
22 1929, as amended.
23 (Source: Laws 1953, p. 1439.)
24 (20 ILCS 2505/95-50 new)
25 (was 20 ILCS 2505/39b8) (from Ch. 127, par. 39b8)
26 Sec. 95-50. Illuminating oils and gasoline. The
27 Department has the power 39b8. to execute and administer all
28 laws and regulations, now or hereafter enacted, relating to
29 the safety and purity of illuminating oils and gasoline.
30 (Source: Laws 1953, p. 175.)
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1 (20 ILCS 2505/95-55 new)
2 (was 20 ILCS 2505/39b9) (from Ch. 127, par. 39b9)
3 Sec. 95-55. Powers previously vested in Tax Commission.
4 The Department has the power 39b9. to exercise the rights,
5 powers, and duties heretofore or hereafter vested in the Tax
6 Commission herein abolished by the "Revenue Act of 1939",
7 filed May 17, 1939, as amended.
8 (Source: Laws 1965, p. 175.)
9 (20 ILCS 2505/95-60 new)
10 (was 20 ILCS 2505/39b10) (from Ch. 127, par. 39b10)
11 Sec. 95-60. Statistical records of taxes collected. The
12 Department has the power 39b10. to maintain and preserve
13 adequate statistical records of taxes collected under each of
14 the foregoing laws set forth in the Sections following
15 Section 95-10 and preceding this Section and to make those
16 such records available to the public.
17 (Source: Laws 1953, p. 1439.)
18 (20 ILCS 2505/95-65 new)
19 (was 20 ILCS 2505/39b12) (from Ch. 127, par. 39b12)
20 Sec. 95-65. Exchanging information. The Department has
21 the power 39b12. to exchange with any state, with any or
22 local subdivisions of any state thereof, or with the federal
23 government, except when specifically prohibited by law, any
24 information that which may be necessary to efficient tax
25 administration and that which may be acquired as a result of
26 the administration of the above laws set forth in the
27 Sections following Section 95-10 and preceding Section 95-60.
28 (Source: Laws 1953, p. 1439.)
29 (20 ILCS 2505/95-70 new)
30 (was 20 ILCS 2505/39b24) (from Ch. 127, par. 39b24)
31 Sec. 95-70. Messages Tax Act; Gas Revenue Tax Act. The
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1 Department has the power 39b24. to exercise all the rights,
2 powers, and duties vested in the said Department by the
3 Messages Tax Act, approved July 24, 1945, and the Gas Revenue
4 Tax Act, approved July 24, 1945.
5 (Source: Laws 1953, p. 1439.)
6 (20 ILCS 2505/95-75 new)
7 (was 20 ILCS 2505/39b25) (from Ch. 127, par. 39b25)
8 Sec. 95-75. Private car line companies. The Department
9 has the power 39b25. to exercise all the rights, powers, and
10 duties vested in the said Department by "An Act for the
11 assessment and taxation of Private Car Line Companies",
12 approved July 22, 1945 (repealed).
13 (Source: Laws 1953, p. 1439.)
14 (20 ILCS 2505/95-80 new)
15 (was 20 ILCS 2505/39b26) (from Ch. 127, par. 39b26)
16 Sec. 95-80. Cigarette Use Tax Act. The Department has the
17 power 39b26. to exercise all the rights, powers, and duties
18 vested in the said Department by the "Cigarette Use Tax Act",
19 approved July 11, 1951, as amended.
20 (Source: Laws 1965, p. 175.)
21 (20 ILCS 2505/95-85 new)
22 (was 20 ILCS 2505/39b27) (from Ch. 127, par. 39b27)
23 Sec. 95-85. Hotel Operators' Occupation Tax Act. The
24 Department has the power 39b27. to exercise all the rights,
25 powers, and duties vested in the said Department by "the
26 Hotel Operators' Occupation Tax Act", approved July 6, 1961,
27 as amended.
28 (Source: Laws 1965, p. 175.)
29 (20 ILCS 2505/95-90 new)
30 (was 20 ILCS 2505/39b28) (from Ch. 127, par. 39b28)
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1 Sec. 95-90. Use Tax Act. The Department has the power
2 39b28. to exercise all the rights, powers, and duties vested
3 in the said Department by the "Use Tax Act", approved July
4 14, 1955, as amended.
5 (Source: Laws 1965, p. 175.)
6 (20 ILCS 2505/95-95 new)
7 (was 20 ILCS 2505/39b29) (from Ch. 127, par. 39b29)
8 Sec. 95-95. County retailers' occupation and service
9 occupation taxes. The Department has the power 39b29. to
10 administer and enforce all ordinances and resolutions of
11 counties imposing a retailers' occupation tax or a service
12 occupation tax authorized by Sections 25.05-2 and 25.05-3,
13 respectively, of "An Act to revise the law in relation to
14 counties", approved March 31, 1874 (repealed), as amended.
15 (Source: Laws 1965, p. 175.)
16 (20 ILCS 2505/95-100 new)
17 (was 20 ILCS 2505/39b30) (from Ch. 127, par. 39b30)
18 Sec. 95-100. Service Occupation Tax Act; Service Use Tax
19 Act. The Department has the power 39b30. to exercise all the
20 rights, powers, and duties vested in the said Department by
21 the "Service Occupation Tax Act", approved July 10, 1961, as
22 amended, and the "Service Use Tax Act", approved July 10,
23 1961, as amended.
24 (Source: Laws 1965, p. 175.)
25 (20 ILCS 2505/95-105 new)
26 (was 20 ILCS 2505/39b31) (from Ch. 127, par. 39b31)
27 Sec. 95-105. Coin-Operated Amusement Device and
28 Redemption Machine Tax Act. The Department has the power
29 39b31. to exercise all the rights, powers, and duties vested
30 in the Department by the Coin-Operated Amusement Device and
31 Redemption Machine Tax Act.
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1 (Source: P.A. 87-895.)
2 (20 ILCS 2505/95-175 new)
3 (was 20 ILCS 2505/39c-2) (from Ch. 127, par. 39c-2)
4 Sec. 95-175. Business in interstate commerce; restricted
5 application of tax statutes. 39c-2. It is the intent of the
6 General Assembly that provisions in any Illinois tax statute
7 that restrict application of the statute by stating
8 substantially as follows:
9 "such taxes are not imposed with respect to any business
10 in interstate commerce, or otherwise to the extent to
11 which such business may not, under the Constitution and
12 statutes of the United States, be made the subject of
13 taxation by this State"
14 shall be construed to preclude taxation of only businesses
15 not subject to taxation under the latest interpretation of
16 the United States Constitution and statutes of the United
17 States.
18 (Source: P.A. 87-205.)
19 (20 ILCS 2505/95-190 new)
20 (was 20 ILCS 2505/39c-4) (from Ch. 127, par. 39c-4)
21 Sec. 95-190. Tax Compliance and Administration Fund.
22 39c-4. Amounts deposited into the Tax Compliance and
23 Administration Fund, a special fund in the State treasury
24 that is hereby created, must be appropriated to the
25 Department of Revenue to reimburse the Department for its
26 costs of collecting, administering, and enforcing the tax
27 laws that provide for deposits into the Fund.
28 (Source: P.A. 87-879; 88-45.)
29 (20 ILCS 2505/95-200 new)
30 (was 20 ILCS 2505/39c-1a)
31 Sec. 95-200. 39c-1a. Electronic filing rules. The
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1 Department of Revenue may adopt rules to authorize the
2 electronic filing of any return or document required to be
3 filed under any Act administered by the Department. In the
4 case of an electronically filed return or other document
5 required to be filed with the Department or maintained by any
6 taxpayer, these rules may set forth standards that provide
7 for acceptance of a signature in a form other than in the
8 proper handwriting of the person.
9 (Source: P.A. 88-480; 88-672, eff. 12-14-94.)
10 (20 ILCS 2505/95-205 new)
11 (was 20 ILCS 2505/39c-1b)
12 Sec. 95-205. 39c-1b. Return by facsimile. Consistent with
13 rules adopted by the Department of Revenue, a person may
14 transmit, by facsimile, any return or document required to be
15 filed with the Department under any Act administered by the
16 Department. A signature on a return or other document filed
17 in accordance with regulations promulgated by the Department
18 and transmitted by facsimile is prima facie evidence for all
19 purposes that the document was actually signed by the person
20 whose signature appears on the facsimile.
21 (Source: P.A. 88-480.)
22 (20 ILCS 2505/95-210 new)
23 (was 20 ILCS 2505/39c-1) (from Ch. 127, par. 39c-1)
24 Sec. 95-210. Electronic funds transfer. 39c-1. The
25 Department of Revenue may provide means by which persons
26 having a tax liability under any Act administered by the
27 Department may use electronic funds transfer to pay the such
28 tax liability.
29 (Source: P.A. 87-205.)
30 (20 ILCS 2505/95-215 new)
31 (was 20 ILCS 2505/39c-3) (from Ch. 127, par. 39c-3)
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1 Sec. 95-215. Installment agreements; guaranteed
2 remittance or automated clearing house debit payments.
3 39c-3. Any taxpayer who has entered into an installment
4 agreement for payment of a tax liability and who, during any
5 12-month period, has issued or delivered 3 or more checks or
6 other orders for payment that have been dishonored may be
7 required by the Department of Revenue to make future payments
8 by guaranteed remittance or to authorize automated clearing
9 house debit payments.
10 (Source: P.A. 87-879.)
11 (20 ILCS 2505/95-250 new)
12 (was 20 ILCS 2505/39c) (from Ch. 127, par. 39c)
13 Sec. 95-250. Compromising debts due to the State. 39c.
14 Under no circumstances shall any officer or employee of the
15 Department of Revenue compromise any debt due to this State,
16 except in case of actions of the Director after review by the
17 board of appeals provided for by Section 95-505 39b20.
18 However, claims or accounts receivable of less than $1,000
19 may be written off the Department's records and cancelled by
20 the Department without complying with the provisions of
21 Section 2 of the Uncollected State Claims Act "An Act in
22 relation to uncollected claims and accounts receivable of
23 State agencies", approved May 15, 1961, when the Department
24 determines that the cost of collecting the such claim or
25 account would exceed the amount to be collected. The
26 Department shall submit to the Comptroller a list of all such
27 claims or accounts written off the Department's records.
28 (Source: P.A. 84-1344.)
29 (20 ILCS 2505/95-275 new)
30 (was 20 ILCS 2505/39e) (from Ch. 127, par. 39e)
31 Sec. 95-275. Tax overpayments. 39e. In the case of
32 overpayment of any tax liability arising from an Act
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1 administered by the Department, the Department may credit the
2 amount of the overpayment and any interest thereon against
3 any final tax liability arising under that or any other Act
4 administered by the Department.
5 (Source: P.A. 83-1416.)
6 (20 ILCS 2505/95-300 new)
7 (was 20 ILCS 2505/39b15) (from Ch. 127, par. 39b15)
8 Sec. 95-300. Failure or neglect to comply with tax laws.
9 The Department has the power 39b15. to request the
10 institution of proceedings, actions, and prosecutions to
11 enforce the laws relating to the penalties, liabilities, and
12 punishment of public officers, persons or officers or agents
13 or corporations for failure or neglect to comply with the
14 provisions of any law administered by the Department.
15 (Source: Laws 1953, p. 1439.)
16 (20 ILCS 2505/95-305 new)
17 (was 20 ILCS 2505/39b15.1) (from Ch. 127, par. 39b15.1)
18 Sec. 95-305. Investigators. The Department has the power
19 39b15.1. to appoint investigators to conduct all
20 investigations, searches, seizures, arrests, and other duties
21 imposed under the provisions of any law administered by the
22 Department. The Such investigators have and may exercise all
23 the powers of peace officers solely for the purpose of
24 enforcing taxing measures administered by the Department.
25 (Source: P.A. 82-1009.)
26 (20 ILCS 2505/95-310 new)
27 (was 20 ILCS 2505/39b15.2) (from Ch. 127, par. 39b15.2)
28 Sec. 95-310. Obtaining evidence. The Department has the
29 power 39b15.2. to expend such sums that as the Director deems
30 necessary from contractual services appropriations for the
31 purchase of evidence and for the employment of persons to
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1 obtain evidence. The Such sums shall be advanced to
2 investigators authorized by the Director to expend funds, on
3 vouchers signed by the Director.
4 In addition, the Director is authorized to maintain one
5 or more commercial checking accounts with any State banking
6 corporation or corporations organized under or subject to the
7 Illinois Banking Act for the deposit and withdrawal of moneys
8 to be used solely for the purchase of evidence and for the
9 employment of persons to obtain evidence. No check may be
10 written on nor any withdrawal made from such an account
11 except on the written signature of 2 persons designated by
12 the Director to write those such checks and make those such
13 withdrawals. The balance of moneys on deposit in any such
14 account shall not exceed $5,000 at any time, nor shall any
15 one check written on or single withdrawal made from any such
16 account exceed $5,000.
17 (Source: P.A. 83-1416.)
18 (20 ILCS 2505/95-315 new)
19 (was 20 ILCS 2505/39b16) (from Ch. 127, par. 39b16)
20 Sec. 95-315. Taking testimony; requiring production of
21 documents. The Department has the power 39b16. to take
22 testimony and proof under oath and to require the production
23 of books, papers, and documents pertinent to any tax
24 assessment, levy, excise, investigation, inquiry, or hearing,
25 and for that purpose to subpoena and to compel the attendance
26 of witnesses and to issue subpoenas subpoena duces tecum.
27 (Source: Laws 1953, p. 1439.)
28 (20 ILCS 2505/95-320 new)
29 (was 20 ILCS 2505/39b17) (from Ch. 127, par. 39b17)
30 Sec. 95-320. Administrative oaths. The Department has the
31 power 39b17. to administer all oaths authorized or required
32 under the provisions of any of the laws under its
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1 jurisdiction or to delegate that such power in writing, to
2 any officer or employee of the Department.
3 (Source: Laws 1953, p. 1439.)
4 (20 ILCS 2505/95-340 new)
5 (was 20 ILCS 2505/39b35.1) (from Ch. 127, par. 39b35.1)
6 Sec. 95-340. Notice of taxpayer's liability. 39b35.1. If
7 any notice is sent by the Department to a taxpayer indicating
8 that the taxpayer has underpaid any taxes or for any other
9 reason is liable for taxes, interest, or penalties, the such
10 notice shall include the telephone number of an employee of
11 the Department who shall be qualified to explain what
12 recourse the taxpayer may have in appealing the Department's
13 determination of liability.
14 (Source: P.A. 85-475.)
15 (20 ILCS 2505/95-360 new)
16 (was 20 ILCS 2505/39b48) (from Ch. 127, par. 39b48)
17 Sec. 95-360. Certificate by manager of taxpayer records.
18 39b48. In any civil or criminal action under any tax or fee
19 statute of this State administered by the Illinois Department
20 of Revenue, a certificate made under the seal of the Illinois
21 Department of Revenue by the manager of taxpayer records or
22 the manager's his duly authorized deputy stating that he or
23 she had diligently searched available records of the
24 Department and
25 (1) not found a form or return required by law to
26 be filed with the Department or not found a record shall
27 be admissible to prove the absence of that such form,
28 return, or record, or
29 (2) not found a return or any other form required
30 by law or regulation to be filed with the Department
31 shall be admissible to prove the failure to file that
32 such return or form by any person required to do so.
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1 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
2 (20 ILCS 2505/95-380 new)
3 (was 20 ILCS 2505/39b47) (from Ch. 127, par. 39b47)
4 Sec. 95-380. Revocation of or refusal to issue a
5 certificate of registration, permit, or license. The
6 Department has the power 39b47. to refuse to issue or, after
7 notice and an opportunity for a hearing, to revoke a
8 certificate of registration, permit, or license issued or
9 authorized to be issued by the Department, if the applicant
10 for or holder of the such certificate of registration,
11 permit, or license fails to file a return, or to pay the tax,
12 fee, penalty, or interest shown in a filed return, or to pay
13 any final assessment of tax, fee, penalty, or interest, as
14 required by the tax or fee Act under which the such
15 certificate of registration, permit, or license is required
16 or any other tax or fee Act administered by the Department.
17 The procedure for notice and hearing prior to revocation
18 shall be as provided under the Act pursuant to which the
19 certificate of registration, permit, or license was issued.
20 (Source: P.A. 89-428, eff. 1-1-96; 89-457, eff. 5-22-96.)
21 (20 ILCS 2505/95-400 new)
22 (was 20 ILCS 2505/39b49) (from Ch. 127, par. 39b49)
23 Sec. 95-400. Contracts for collection assistance. The
24 Department has the power 39b49. to contract for collection
25 assistance on a contingent fee basis, with collection fees to
26 be retained by the collection agency and the net collections
27 to be paid to the Department.
28 (Source: P.A. 85-1223.)
29 (20 ILCS 2505/95-405 new)
30 (was 20 ILCS 2505/39c-1c)
31 Sec. 95-405. 39c-1c. Electronic filing of liens. The
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1 Department of Revenue may adopt rules to provide for the
2 electronic filing of liens for any taxes required to be
3 administered by the Department.
4 (Source: P.A. 89-399, eff. 8-20-95.)
5 (20 ILCS 2505/95-450 new)
6 (was 20 ILCS 2505/39b18) (from Ch. 127, par. 39b18)
7 Sec. 95-450. Monthly tax collection statements to
8 Governor. The Department has the power 39b18. to furnish the
9 Governor with monthly statements of its tax collections.
10 (Source: Laws 1953, p. 1439.)
11 (20 ILCS 2505/95-475 new)
12 (was 20 ILCS 2505/39b32) (from Ch. 127, par. 39b32)
13 Sec. 95-475. Tax record errors. 39b32. When the
14 Department, through its own error, has entered State tax on
15 its records under the wrong designation (such as recording a
16 use tax payment as retailers' occupation tax, or a retailers'
17 occupation tax payment as use tax, and so forth etc.), the
18 Department has the power to correct the such error on its
19 records and to notify the State Treasurer of the change so
20 that the Treasurer he can make the necessary corresponding
21 changes in the Treasurer's his records in case the erroneous
22 entry has been made in those his records. If the erroneous
23 entry in the Department's records is due to a mistake in
24 reporting by the taxpayer and the taxpayer agrees that he or
25 she has made a reporting error that which should be
26 corrected, the Department may correct its records accordingly
27 and notify the State Treasurer of the change so that the
28 Treasurer he can make the necessary corresponding changes in
29 the Treasurer's his records in case the erroneous entry has
30 been made in those his records.
31 The Department may similarly correct (i) errors in the
32 distribution, as between municipalities and counties, of
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1 taxes that which are imposed by those such municipalities and
2 counties but collected for them by the Department as agent,
3 and (ii) errors by which State taxes are erroneously credited
4 as municipal or county tax or by which municipal or county
5 taxes are erroneously credited or recorded as State tax,
6 giving such notices to the State Treasurer as may be
7 necessary to enable the Treasurer him to make corresponding
8 corrections in the Treasurer's his records.
9 (Source: P.A. 76-220.)
10 (20 ILCS 2505/95-500 new)
11 (was 20 ILCS 2505/39b11) (from Ch. 127, par. 39b11)
12 Sec. 95-500. Department divisions. The Department has
13 the power 39b11. to establish such divisions, including
14 advisory divisions, that as may be necessary to assist in
15 maintaining adequate relationships with taxpayers and that as
16 will improve the administration of the taxing measures under
17 its control.
18 (Source: Laws 1953, p. 1439.)
19 (20 ILCS 2505/95-505 new)
20 (was 20 ILCS 2505/39b20) (from Ch. 127, par. 39b20)
21 Sec. 95-505. Board of appeals. The Department has the
22 power 39b20. to appoint a board of appeals, which shall
23 consist of 3 persons, to review departmental actions in
24 controversies involving the determination of tax liability
25 arising under the tax laws administered by the Department.
26 The board shall have no jurisdiction prior to the time a
27 notice of deficiency or a notice of assessment has become
28 final unless (i) (a) the board has made a special finding
29 concurred in by all members that action by the board is the
30 most efficient and expeditious manner of resolving the
31 controversy or (ii) (b) the Director so orders. Cases shall
32 be reviewed by the such board, in accordance with the
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1 procedure established by departmental rules and regulations
2 adopted pursuant to the provisions of Section 95-795 39b19.
3 Decisions made pursuant to this Section are not subject to
4 the provisions of Article III of the Code of Civil Procedure.
5 The exercise of the power of appointment for members of
6 the board of appeals is mandatory, and the Director shall
7 make his appointments within 120 days after the effective
8 date of this amendatory Act of 1979. Each member of the
9 board of appeals shall serve for a period of one year and
10 shall continue to serve thereafter at the pleasure of the
11 Director. Compensation for members shall be determined by
12 the Director.
13 Decisions of the Board shall not take effect unless and
14 until approved by the Director.
15 The express denial of applicability of Article III of the
16 Code of Civil Procedure shall be construed as declaratory of
17 existing law, as expressed in Section 3-102 of the Code of
18 Civil Procedure, and not as a new enactment.
19 (Source: P.A. 85-340.)
20 (20 ILCS 2505/95-510 new)
21 (was 20 ILCS 2505/39b20.1) (from Ch. 127, par. 39b20.1)
22 Sec. 95-510. Informal assessment review. The Department
23 has the power 39b20.1. to establish an informal assessment
24 review process at which an impartial Department designee, who
25 has the authority and knowledge to recommend an appropriate
26 conclusion to the matter, shall review adjustments
27 recommended by examiners and auditors. The Director shall
28 provide by rule for the availability of an informal
29 assessment review before the issuance of a notice of tax
30 liability or notice of deficiency upon completion of an audit
31 of the taxpayer or before a formal hearing. A taxpayer may
32 be represented by a party of his or her choice during the
33 informal assessment review procedure and need not be
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1 represented by an attorney.
2 The exercise of this power to establish an informal
3 assessment review procedure is mandatory, and the Director
4 shall promulgate rules implementing this process within 180
5 days after the effective date of this amendatory Act of 1988.
6 (Source: P.A. 89-399, eff. 8-20-95.)
7 (20 ILCS 2505/95-550 new)
8 (was 20 ILCS 2505/39b51)
9 Sec. 95-550. 39b51. Jobs Impact Committee and report.
10 With respect to the credits provided for by Sections 209 and
11 210 of the Illinois Income Tax Act, Section 3-50 of the Use
12 Tax Act, Section 2 of the Service Use Tax Act, Section 2 of
13 the Service Occupation Tax Act, and Section 2-45 of the
14 Retailers' Occupation Tax Act, there is hereby created a Jobs
15 Impact Committee, which shall consist of the Director, of the
16 Department of Revenue or the such person or persons the
17 Director as he may designate, and the such representative or
18 representatives that as shall be designated to serve on the
19 Committee by the Department of Commerce and Community
20 Affairs, the Bureau of the Budget, and the Economic and
21 Fiscal Commission. The Committee, so assembled, shall invite
22 and appoint 2 members of the businesses that are eligible for
23 the credits provided by those Sections. The Committee shall
24 study the use and effectiveness of these credits with regard
25 to job creation relative to the revenue loss to the State
26 from the provision of these credits. The Director of the
27 Department of Revenue shall, on behalf of the Committee,
28 submit the Committee's report to the General Assembly on or
29 before June 30, 1997.
30 (Source: P.A. 88-505.)
31 (20 ILCS 2505/95-600 new)
32 (was 20 ILCS 2505/39b21) (from Ch. 127, par. 39b21)
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1 Sec. 95-600. Information from State and local officers.
2 The Department has the power 39b21. to require from all State
3 and local officers any such information that as may be
4 necessary for the proper discharge of its duties.
5 (Source: Laws 1953, p. 1439.)
6 (20 ILCS 2505/95-605 new)
7 (was 20 ILCS 2505/39b22) (from Ch. 127, par. 39b22)
8 Sec. 95-605. Taxing district records. The Department
9 has the power 39b22. to examine and make memoranda from all
10 records, books, papers, documents, and statements of fact on
11 record or on file in any public office of any taxing district
12 of the State, and all such officers having charge or custody
13 of those such records shall furnish to the Department, upon
14 request, information of any and all matters on file or of
15 record in their respective offices.
16 (Source: Laws 1953, p. 1439.)
17 (20 ILCS 2505/95-625 new)
18 (was 20 ILCS 2505/39b35) (from Ch. 127, par. 39b35)
19 Sec. 95-625. Aiding local governments; real and personal
20 property taxes. 39b35. The Department shall assist and aid
21 local governments of the State in matters relating to real
22 and personal property taxes, including assessments and
23 equalization, and perform all other duties provided by law.
24 In performing this responsibility the Department shall have
25 the power and duty to do the following:
26 (1) (a) Assist and advise the local governments of
27 the State in matters pertaining to the assessment and
28 equalization of property.;
29 (2) (b) Prepare and maintain current maps of the
30 counties of the State, showing the boundaries and the
31 limits of all taxing districts and local governments of
32 the State.;
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1 (3) (c) Perform all other duties and powers
2 relating to real and personal property taxes, including
3 real and personal property assessments and equalization,
4 and other taxes and financial matters, as are provided by
5 law and may be vested in the Department.;
6 (d) The Department shall promulgate rules and
7 regulations concerning the Department's operations and
8 programs established to meet these purposes.
9 (Source: P.A. 81-1509.)
10 (20 ILCS 2505/95-630 new)
11 (was 20 ILCS 2505/39b36) (from Ch. 127, par. 39b36)
12 Sec. 95-630. Charges for publications for local
13 officials. 39b36. The Department may make a reasonable
14 charge for instructional manuals, appraisal manuals, and
15 reproductions of the Illinois property tax laws and other
16 publications for the use of local officials. All moneys
17 received from these such charges shall be paid into the
18 General Revenue Fund.
19 (Source: P.A. 81-1509.)
20 (20 ILCS 2505/95-650 new)
21 (was 20 ILCS 2505/39b52)
22 Sec. 95-650. 39b52. Collection of past due support.
23 Upon certification of past due child support amounts from the
24 Department of Public Aid, the Department of Revenue may
25 collect the delinquency in any manner authorized for the
26 collection of a delinquent personal income tax liability.
27 The Department of Revenue shall notify the Department of
28 Public Aid when the delinquency or any portion of the
29 delinquency has been collected under this Section.
30 Any child support delinquency collected by the Department
31 of Revenue, including those amounts that result in
32 overpayment of a child support delinquency, shall be
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1 deposited in, or transferred to, the Child Support
2 Enforcement Trust Fund.
3 The Department of Revenue may implement this Section
4 through the use of emergency rules in accordance with Section
5 5-45 of the Illinois Administrative Procedure Act. For
6 purposes of the Illinois Administrative Procedure Act, the
7 adoption of rules to implement this Section shall be
8 considered an emergency and necessary for the public
9 interest, safety, and welfare.
10 (Source: P.A. 89-6, eff. 12-31-95.)
11 (20 ILCS 2505/95-675 new)
12 (was 20 ILCS 2505/39b50) (from Ch. 127, par. 39b50)
13 Sec. 95-675. 39b50. Whenever the Department of Revenue is
14 authorized or required by law to consider some aspect of
15 criminal history record information for the purpose of
16 carrying out its statutory powers and responsibilities, then,
17 upon request and payment of fees in conformance with the
18 requirements of subsection 22 of Section 100-400 55a of the
19 Department of State Police Law (20 ILCS 2605/100-400) "The
20 Civil Administrative Code of Illinois", the Department of
21 State Police is authorized to furnish, pursuant to positive
22 identification, the such information contained in State files
23 that as is necessary to fulfill the request.
24 (Source: P.A. 86-610.)
25 (20 ILCS 2505/95-700 new)
26 (was 20 ILCS 2505/39b13) (from Ch. 127, par. 39b13)
27 Sec. 95-700. Recommending legislation. The Department
28 has the power 39b13. to formulate and recommend legislation
29 for the improvement of the system of taxation in the State.
30 (Source: P.A. 76-1158.)
31 (20 ILCS 2505/95-705 new)
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1 (was 20 ILCS 2505/39b14) (from Ch. 127, par. 39b14)
2 Sec. 95-705. Other tax systems. The Department has the
3 power 39b14. to investigate the tax systems of other states
4 and counties.
5 (Source: Laws 1953, p. 1439.)
6 (20 ILCS 2505/95-725 new)
7 (was 20 ILCS 2505/39b46) (from Ch. 127, par. 39b46)
8 Sec. 95-725. Illinois Income Tax Processing Center. The
9 Department has the power 39b46. to manage, operate, maintain,
10 and preserve from waste the land and physical facilities of
11 the Illinois Income Tax Processing Center at Springfield,
12 Illinois. All personnel, materials, books, records, land, and
13 equipment relating to the management, operation, and
14 maintenance of the physical facilities of the Illinois Income
15 Tax Processing Center shall be transferred to the Department
16 of Revenue.
17 (Source: P.A. 82-789.)
18 (20 ILCS 2505/95-730 new)
19 (was 20 ILCS 2505/39b23) (from Ch. 127, par. 39b23)
20 Sec. 95-730. Transfer of realty to other State agency;
21 acquisition of federal lands. The Department has the power
22 39b23. to transfer jurisdiction of any realty under control
23 of the Department to any other department of the State
24 government or to acquire or accept federal lands, when the
25 such transfer, acquisition, or acceptance is advantageous to
26 the State and is approved in writing by the Governor.
27 (Source: Laws 1953, p. 1439.)
28 (20 ILCS 2505/95-785 new)
29 (was 20 ILCS 2505/39b34) (from Ch. 127, par. 39b34)
30 Sec. 95-785. Transfer from Department of Local
31 Government Affairs. The Department has the power 39b34. to
-351- LRB9000008DJcc
1 assume all rights, powers, duties, and responsibilities of
2 the former Department of Local Government Affairs pertaining
3 to its property taxation related functions. Personnel,
4 books, records, property, and funds pertaining to such
5 functions are transferred to the Department, but any rights
6 of employees or the State under the "Personnel Code" or any
7 other contract or plan shall be unaffected hereby.
8 (Source: P.A. 81-1509.)
9 (20 ILCS 2505/95-790 new)
10 (was 20 ILCS 2505/39b33) (from Ch. 127, par. 39b33)
11 Sec. 95-790. Other rights, powers, and duties. The
12 Department has the power 39b33. to exercise and perform the
13 such other rights, powers, and duties that as may be vested
14 in the said Department of Revenue by law.
15 (Source: Laws 1965, p. 175.)
16 (20 ILCS 2505/95-795 new)
17 (was 20 ILCS 2505/39b19) (from Ch. 127, par. 39b19)
18 Sec. 95-795. Rules and regulations. The Department has
19 the power 39b19. to make such reasonable rules and
20 regulations that as may be necessary to effectively enforce
21 any of the powers herein granted.
22 (Source: Laws 1953, p. 1439.)
23 (20 ILCS 2605/Art. 100 heading new)
24 ARTICLE 100. DEPARTMENT OF STATE POLICE
25 (20 ILCS 2605/100-1 new)
26 Sec. 100-1. Article short title. This Article 100 of the
27 Civil Administrative Code of Illinois may be cited as the
28 Department of State Police Law.
29 (20 ILCS 2605/100-5 new)
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1 Sec. 100-5. Definitions. In this Law:
2 "Department" means the Department of State Police.
3 "Director" means the Director of State Police.
4 (20 ILCS 2605/100-10 new)
5 (was 20 ILCS 2605/55a, subsec. (A), in part) (from Ch.
6 127, par. 55a)
7 Sec. 100-10. Powers and duties, generally. 55a. (A) The
8 Department of State Police shall have the following powers
9 and duties, and those set forth in the following Sections.
10 55a-1 through 55c:
11 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
12 (20 ILCS 2605/100-15 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)26) (from Ch. 127, par.
14 55a)
15 Sec. 100-15. Rules and regulations. 26. To promulgate
16 rules and regulations necessary for the administration and
17 enforcement of its powers and duties, wherever granted and
18 imposed, pursuant to the Illinois Administrative Procedure
19 Act.
20 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
21 (20 ILCS 2605/100-25 new)
22 (was 20 ILCS 2605/55a-1) (from Ch. 127, par. 55a-1)
23 Sec. 100-25. Department divisions. 55a-1. The Department
24 of State Police is divided into the Illinois State Police
25 Academy and 5 divisions: the Division of State Troopers, the
26 Division of Criminal Investigation, the Division of Forensic
27 Services and Identification, the Division of Administration,
28 and the Division of Internal Investigation.
29 (Source: P.A. 85-1042.)
30 (20 ILCS 2605/100-30 new)
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1 (was 20 ILCS 2605/55a-2) (from Ch. 127, par. 55a-2)
2 Sec. 100-30. Division of State Troopers. 55a-2. The
3 Division of State Troopers shall exercise the following
4 functions:
5 (1) 1. to Cooperate with federal and State
6 authorities requesting utilization of the Department's
7 radio network system under the "Illinois Aeronautics
8 Act.", approved July 24, 1945, as amended;
9 (2) 2. to Exercise the rights, powers, and duties of
10 the State Police under "An Act in relation to the State
11 Police Act.", approved July 20, 1949, as amended;
12 (3) 3. to Exercise the rights, powers, and duties
13 vested by law in the Department by the State Police Radio
14 Act. "An Act in relation to the establishment and
15 operation of radio broadcasting stations and the
16 acquisition and installation of radio receiving sets for
17 police purposes", approved July 7, 1931, as amended;
18 (4) 4. to Exercise the rights, powers, and duties
19 of the Department vested by law in the Department and the
20 Illinois State Police by "the Illinois Vehicle Code.",
21 approved September 29, 1969, as amended;
22 (5) 5. to Exercise other duties that which have
23 been or may be vested by law in the Illinois State
24 Police.; and
25 (6) 6. to Exercise other duties that which may be
26 assigned by the Director in order to fulfill the
27 responsibilities and to achieve the purposes of the
28 Department.
29 (Source: P.A. 84-25.)
30 (20 ILCS 2605/100-35 new)
31 (was 20 ILCS 2605/55a-3) (from Ch. 127, par. 55a-3)
32 Sec. 100-35. Division of Criminal Investigation. 55a-3.
33 (a) The Division of Criminal Investigation shall
-354- LRB9000008DJcc
1 exercise the following functions:
2 (1) 1. to Exercise the rights, powers, and duties
3 vested by law in the Department by the Illinois Horse
4 Racing Act of 1975.;
5 (2) 2. to Investigate the origins, activities,
6 personnel, and incidents of crime and enforce the
7 criminal laws of this State related thereto.;
8 (3) 3. to Enforce all laws regulating the
9 production, sale, prescribing, manufacturing,
10 administering, transporting, having in possession,
11 dispensing, delivering, distributing, or use of
12 controlled substances and cannabis.;
13 (4) 4. to Cooperate with the police of cities,
14 villages, and incorporated towns, and with the police
15 officers of any county in enforcing the laws of the State
16 and in making arrests and recovering property.;
17 (5) 5. to Apprehend and deliver up any person
18 charged in this State or any other state with treason or
19 a, felony, or other crime, who has fled from justice and
20 is found in this State.;
21 (6) 6. to Investigate recipients and, providers
22 under the Illinois Public Aid Code and any personnel
23 involved in the administration of the Illinois Public Aid
24 Code who are suspected of any violation of the such Code
25 pertaining to fraud in the administration, receipt, or
26 provision of assistance and pertaining to any violation
27 of criminal law;, and to exercise the functions required
28 under Section 100-220 55a-7 in the conduct of those such
29 investigations.;
30 (7) 7. to Conduct such other investigations as may
31 be provided by law.;
32 (8) 8. to Exercise the powers and perform the
33 duties that which have been vested in the Department of
34 State Police by the Sex Offender Registration Act and the
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1 Child Sex Offender Community Notification Law; and to
2 promulgate reasonable rules and regulations necessitated
3 thereby.; and
4 (9) 9. to Exercise other duties that which may be
5 assigned by the Director in order to fulfill the
6 responsibilities and achieve the purposes of the
7 Department.
8 (b) There is hereby established in the Division of
9 Criminal Investigation the Office of Coordination of Gang
10 Prevention, hereafter referred to as the Office.
11 The Office shall consult with units of local government
12 and school districts to assist them in gang control
13 activities and to administer a system of grants to units of
14 local government and school districts that which, upon
15 application, have demonstrated a workable plan to reduce gang
16 activity in their area. The Such grants shall not include
17 reimbursement for personnel nor shall they exceed 75% of the
18 total request by any applicant, and may be calculated on a
19 proportional basis, determined by funds available to the
20 Department for this purpose. The Department shall have the
21 authority to promulgate appropriate rules and regulations to
22 administer this program.
23 The Such Office shall establish mobile units of trained
24 personnel to respond to gang activities.
25 The Such Office shall also consult with and use the
26 services of religious leaders and other celebrities to assist
27 in gang control activities.
28 The Office may sponsor seminars, conferences, or any
29 other educational activity to assist communities in their
30 gang crime control activities.
31 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96.)
32 (20 ILCS 2605/100-40 new)
33 (was 20 ILCS 2605/55a-4) (from Ch. 127, par. 55a-4)
-356- LRB9000008DJcc
1 Sec. 100-40. Division of Forensic Services and
2 Identification. 55a-4. The Division of Forensic Services and
3 Identification shall exercise the following functions:
4 (1) 1. to Exercise the rights, powers, and duties
5 vested by law in the Department by the "An Act in
6 relation to Criminal Identification Act. and
7 investigation", approved July 2, 1931, as amended;
8 (2) 2. to Exercise the rights, powers, and duties
9 vested by law in the Department by subsection (5) of
10 Section 100-300. 55a of this Act;
11 (3) 3. to Provide assistance to local law
12 enforcement agencies through training, management, and
13 consultant services.;
14 (4) 4. to Exercise the rights, powers, and duties
15 vested by law in the Department by the Firearm Owners
16 Identification Card Act. "An Act relating to the
17 acquisition, possession and transfer of firearms and
18 firearm ammunition and to provide a penalty for the
19 violation thereof and to make an appropriation in
20 connection therewith", approved August 3, 1967, as
21 amended;
22 (5) 5. to Exercise other duties that which may be
23 assigned by the Director in order to fulfill the
24 responsibilities and achieve the purposes of the
25 Department.; and
26 (6) 6. to Establish and operate a forensic science
27 laboratory system, including a forensic toxicological
28 laboratory service, for the purpose of testing specimens
29 submitted by coroners and other law enforcement officers
30 in their efforts to determine whether alcohol, drugs, or
31 poisonous or other toxic substances have been involved in
32 deaths, accidents, or illness. Forensic toxicological
33 laboratories shall be established in Springfield,
34 Chicago, and elsewhere in the State as needed.
-357- LRB9000008DJcc
1 (Source: P.A. 85-1209.)
2 (20 ILCS 2605/100-45 new)
3 (was 20 ILCS 2605/55a-5) (from Ch. 127, par. 55a-5)
4 Sec. 100-45. Division of Administration. 55a-5. The
5 Division of Administration shall exercise the following
6 functions:
7 (1) 1. to Exercise the rights, powers, and duties
8 vested in the Department by the "An Act to create a
9 Bureau of the Budget Act. and to define its powers and
10 duties and to make an appropriation", approved April 16,
11 1969, as amended;
12 (2) 2. to Pursue research and the publication of
13 studies pertaining to local law enforcement activities.;
14 (3) 3. to Exercise the rights, powers, and duties
15 vested in the Department by the "Personnel Code.",
16 approved July 18, 1955, as amended;
17 (4) 4. to Operate an electronic data processing and
18 computer center for the storage and retrieval of data
19 pertaining to criminal activity.;
20 (5) 5. to Exercise the rights, powers, and duties
21 vested in the Division of State Troopers by Section 17 of
22 the "An Act in relation to State Police Act.", approved
23 July 20, 1949, as amended;
24 (6) 6. to Exercise the rights, powers, and duties
25 vested in the Department by "An Act relating to internal
26 auditing in State government", approved August 11, 1967
27 (repealed; now the Fiscal Control and Internal Auditing
28 Act, 30 ILCS 10/)., as amended;
29 (7) 7. to Exercise other duties that which may be
30 assigned by the Director to fulfill the responsibilities
31 and achieve the purposes of the Department.
32 (Source: P.A. 84-25.)
-358- LRB9000008DJcc
1 (20 ILCS 2605/100-50 new)
2 (was 20 ILCS 2605/55a-6) (from Ch. 127, par. 55a-6)
3 Sec. 100-50. Division of Internal Investigation. 55a-6.
4 The Division of Internal Investigation shall initiate
5 internal departmental investigations and, at the direction of
6 the Governor, investigate complaints and initiate
7 investigations of official misconduct by State officers and
8 State employees under the jurisdiction of the Governor.
9 (Source: P.A. 80-56.)
10 (20 ILCS 2605/100-75 new)
11 (was 20 ILCS 2605/55a, subsec. (C)) (from Ch. 127, par.
12 55a)
13 Sec. 100-75. Bilingual police officers. (C) The
14 Department of State Police may ascertain the number of
15 bilingual police officers and other personnel needed to
16 provide services in a language other than English and may
17 establish, under applicable personnel rules and Department
18 guidelines or through a collective bargaining agreement, a
19 bilingual pay supplement program.
20 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
21 (20 ILCS 2605/100-100 new)
22 (was 20 ILCS 2605/55a, subdiv. (A)1) (from Ch. 127, par.
23 55a)
24 Sec. 100-100. State Police Act. 1. To exercise the
25 rights, powers, and duties that which have been vested in the
26 Department of Public Safety by the State Police Act.
27 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
28 (20 ILCS 2605/100-105 new)
29 (was 20 ILCS 2605/55a, subdiv. (A)2) (from Ch. 127, par.
30 55a)
31 Sec. 100-105. State Police Radio Act. 2. To exercise the
-359- LRB9000008DJcc
1 rights, powers, and duties that which have been vested in the
2 Department of Public Safety by the State Police Radio Act.
3 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
4 (20 ILCS 2605/100-110 new)
5 (was 20 ILCS 2605/55a, subdiv. (A)3) (from Ch. 127, par.
6 55a)
7 Sec. 100-110. Criminal Identification Act. 3. To
8 exercise the rights, powers, and duties that which have been
9 vested in the Department of Public Safety by the Criminal
10 Identification Act.
11 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
12 (20 ILCS 2605/100-115 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)9) (from Ch. 127, par.
14 55a)
15 Sec. 100-115. Illinois Vehicle Code. 9. To exercise the
16 rights, powers, and duties that which have been vested in the
17 Department of Public Safety by the Illinois Vehicle Code.
18 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
19 (20 ILCS 2605/100-120 new)
20 (was 20 ILCS 2605/55a, subdiv. (A)10) (from Ch. 127, par.
21 55a)
22 Sec. 100-120. Firearm Owners Identification Card Act.
23 10. To exercise the rights, powers, and duties that which
24 have been vested in the Department of Public Safety by the
25 Firearm Owners Identification Card Act.
26 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
27 (20 ILCS 2605/100-130 new)
28 (was 20 ILCS 2605/55a, subdiv. (A)23) (from Ch. 127, par.
29 55a)
30 Sec. 100-130. Intergovernmental Missing Child Recovery
-360- LRB9000008DJcc
1 Act of 1984. 23. To exercise the powers and perform the
2 duties that which have been vested in the Department of State
3 Police by the Intergovernmental Missing Child Recovery Act of
4 1984, and to establish reasonable rules and regulations
5 necessitated thereby.
6 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
7 (20 ILCS 2605/100-135 new)
8 (was 20 ILCS 2605/55c) (from Ch. 127, par. 55c)
9 Sec. 100-135. Intergovernmental Drug Laws Enforcement
10 Act. 55c. The Department of State Police shall exercise the
11 powers and duties assigned to it under the "Intergovernmental
12 Drug Laws Enforcement Act", enacted by the 80th General
13 Assembly.
14 (Source: P.A. 84-25.)
15 (20 ILCS 2605/100-140 new)
16 (was 20 ILCS 2605/55a, subdiv. (A)8) (from Ch. 127, par.
17 55a)
18 Sec. 100-140. Narcotic Control Division Abolition Act.
19 8. To exercise the rights, powers, and duties that which
20 have been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
24 (20 ILCS 2605/100-190 new)
25 (was 20 ILCS 2605/55a, subdiv. (A)11) (from Ch. 127, par.
26 55a)
27 Sec. 100-190. Other laws in relation to law enforcement.
28 11. To enforce and administer such other laws in relation to
29 law enforcement to the extent that they vest any rights,
30 powers, or duties as may be vested in the Department.
31 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
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1 (20 ILCS 2605/100-200 new)
2 (was 20 ILCS 2605/55a, subdiv. (A)4) (from Ch. 127, par.
3 55a)
4 Sec. 100-200. Investigations of crime; enforcement of
5 laws. 4.
6 (a) To do the following:
7 (1) (a) Investigate the origins, activities,
8 personnel, and incidents of crime and the ways and means
9 to redress the victims of crimes;, and study the impact,
10 if any, of legislation relative to the effusion of crime
11 and growing crime rates;, and enforce the criminal laws
12 of this State related thereto.,
13 (2) (b) Enforce all laws regulating the production,
14 sale, prescribing, manufacturing, administering,
15 transporting, having in possession, dispensing,
16 delivering, distributing, or use of controlled substances
17 and cannabis.,
18 (3) (c) Employ skilled experts, scientists,
19 technicians, investigators, or otherwise specially
20 qualified persons to aid in preventing or detecting
21 crime, apprehending criminals, or preparing and
22 presenting evidence of violations of the criminal laws of
23 the State.,
24 (4) (d) Cooperate with the police of cities,
25 villages, and incorporated towns, and with the police
26 officers of any county, in enforcing the laws of the
27 State and in making arrests and recovering property.,
28 (5) (e) Apprehend and deliver up any person charged
29 in this State or any other state of the United States
30 with treason or a, felony, or other crime, who has fled
31 from justice and is found in this State., and
32 (6) (f) Conduct such other investigations as may be
33 provided by law.
34 (b) Persons exercising the these powers set forth in
-362- LRB9000008DJcc
1 subsection (a) within the Department are conservators of the
2 peace and as such have all the powers possessed by policemen
3 in cities and sheriffs, except that they may exercise those
4 such powers anywhere in the State in cooperation with and
5 after contact with the local law enforcement officials. Those
6 Such persons may use false or fictitious names in the
7 performance of their duties under this Section paragraph,
8 upon approval of the Director, and shall not be subject to
9 prosecution under the criminal laws for that such use.
10 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
11 (20 ILCS 2605/100-205 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)17) (from Ch. 127, par.
13 55a)
14 Sec. 100-205. Arson investigations. 17. To conduct arson
15 investigations.
16 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
17 (20 ILCS 2605/100-210 new)
18 (was 20 ILCS 2605/55a, subdiv. (A)29) (from Ch. 127, par.
19 55a)
20 Sec. 100-210. Child abuse or neglect investigations.
21 29. Upon the request of the Department of Children and
22 Family Services, to investigate reports of child abuse or
23 neglect.
24 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
25 (20 ILCS 2605/100-215 new)
26 (was 20 ILCS 2605/55a, subdiv. (A)14) (from Ch. 127, par.
27 55a)
28 Sec. 100-215. Horse race track investigation services.
29 14. To provide investigative services, with all of the
30 powers possessed by policemen in cities and sheriffs, in and
31 around all race tracks subject to the Illinois Horse Racing
-363- LRB9000008DJcc
1 Act of 1975.
2 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
3 (20 ILCS 2605/100-220 new)
4 (was 20 ILCS 2605/55a-7) (from Ch. 127, par. 55a-7)
5 Sec. 100-220. Public aid fraud investigations. 55a-7. The
6 Department of State Police, through the Division of Criminal
7 Investigation, shall investigate recipients and, providers
8 under the Illinois Public Aid Code and any personnel involved
9 in the administration of the Illinois Public Aid Code who are
10 suspected of any violations of the such Code pertaining to
11 fraud in the administration, receipt, or provision of
12 assistance and pertaining to any violation of criminal law.
13 The Department shall, in addition to functions otherwise
14 authorized by State and federal law, exercise the following
15 functions:
16 (1) 1. to Initiate investigations of suspected
17 cases of public aid fraud.; and
18 (2) 2. to Investigate cases of public aid fraud.
19 (Source: P.A. 84-25.)
20 (20 ILCS 2605/100-250 new)
21 (was 20 ILCS 2605/55a, subdiv. (A)15) (from Ch. 127, par.
22 55a)
23 Sec. 100-250. Obtaining evidence. 15. To expend the such
24 sums as the Director deems necessary from contractual
25 services appropriations for the Division of Criminal
26 Investigation for the purchase of evidence and for the
27 employment of persons to obtain evidence. The Such sums shall
28 be advanced to agents authorized by the Director to expend
29 funds, on vouchers signed by the Director.
30 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
31 (20 ILCS 2605/100-275 new)
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1 (was 20 ILCS 2605/55a, subdiv. (A)30) (from Ch. 127, par.
2 55a)
3 Sec. 100-275. Registration of fictitious vital records.
4 30. To obtain registration of a fictitious vital record
5 pursuant to Section 15.1 of the Vital Records Act.
6 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
7 (20 ILCS 2605/100-300 new)
8 (was 20 ILCS 2605/55a, subdiv. (A)5) (from Ch. 127, par.
9 55a)
10 Sec. 100-300. Records; crime laboratories; personnel.
11 5. To do the following:
12 (1) (a) Be a central repository and custodian of
13 criminal statistics for the State.,
14 (2) (b) Be a central repository for criminal
15 history record information.,
16 (3) (c) Procure and file for record such
17 information that as is necessary and helpful to plan
18 programs of crime prevention, law enforcement, and
19 criminal justice.,
20 (4) (d) Procure and file for record such copies of
21 fingerprints that, as may be required by law.,
22 (5) (e) Establish general and field crime
23 laboratories.,
24 (6) (f) Register and file for record such
25 information that as may be required by law for the
26 issuance of firearm owner's identification cards.,
27 (7) (g) Employ polygraph operators, laboratory
28 technicians, and other specially qualified persons to aid
29 in the identification of criminal activity., and
30 (8) (h) Undertake such other identification,
31 information, laboratory, statistical, or registration
32 activities that as may be required by law.
33 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
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1 (20 ILCS 2605/100-305 new)
2 (was 20 ILCS 2605/55a, subsec. (B)) (from Ch. 127, par.
3 55a)
4 Sec. 100-305. Statewide Organized Criminal Gang Database
5 (SWORD). (B) The Department of State Police may establish
6 and maintain, within the Department of State Police, a
7 Statewide Organized Criminal Gang Database (SWORD) for the
8 purpose of tracking organized criminal gangs and their
9 memberships. Information in the database may include, but not
10 be limited to, the name, last known address, birth date,
11 physical descriptions (such as scars, marks, or tattoos),
12 officer safety information, organized gang affiliation, and
13 entering agency identifier. The Department may develop, in
14 consultation with the Criminal Justice Information Authority,
15 and in a form and manner prescribed by the Department, an
16 automated data exchange system to compile, to maintain, and
17 to make this information electronically available to
18 prosecutors and to other law enforcement agencies. The
19 information may be used by authorized agencies to combat the
20 operations of organized criminal gangs statewide.
21 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
22 (20 ILCS 2605/100-315 new)
23 (was 20 ILCS 2605/55a, subdiv. (A)34) (from Ch. 127, par.
24 55a)
25 Sec. 100-315. Criminal history record information for
26 Department of Children and Family Services. 34. Upon the
27 request of the Department of Children and Family Services,
28 the Department of State Police shall provide properly
29 designated employees of the Department of Children and Family
30 Services with criminal history record information as defined
31 in the Illinois Uniform Conviction Information Act and
32 information maintained in the adjudicatory and dispositional
33 record system as defined in subdivision (A)19 of this Section
-366- LRB9000008DJcc
1 100-355 if the Department of Children and Family Services
2 determines the information is necessary to perform its duties
3 under the Abused and Neglected Child Reporting Act, the Child
4 Care Act of 1969, and the Children and Family Services Act.
5 The request shall be in the form and manner specified by the
6 Department of State Police.
7 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
8 (20 ILCS 2605/100-325 new)
9 (was 20 ILCS 2605/55a, subdiv. (A)25) (from Ch. 127, par.
10 55a)
11 Sec. 100-325. Conviction information for school board or
12 regional superintendent. 25. On request of a school board or
13 regional superintendent of schools, to conduct an inquiry
14 pursuant to Section 10-21.9 or 34-18.5 of the School Code to
15 ascertain whether if an applicant for employment in a school
16 district has been convicted of any criminal or drug offenses
17 enumerated in Section 10-21.9 or 34-18.5 of the School Code.
18 The Department shall furnish the such conviction information
19 to the president of the school board of the school district
20 that which has requested the information, or, if the
21 information was requested by the regional superintendent, to
22 that regional superintendent.
23 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
24 (20 ILCS 2605/100-335 new)
25 (was 20 ILCS 2605/55a, subdiv. (A)28) (from Ch. 127, par.
26 55a)
27 Sec. 100-335. Conviction information for private child
28 services organization. 28. Upon the request of any private
29 organization that which devotes a major portion of its time
30 to the provision of recreational, social, educational, or
31 child safety services to children, to conduct, pursuant to
32 positive identification, criminal background investigations
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1 of all of that organization's current employees, current
2 volunteers, prospective employees, or prospective volunteers
3 charged with the care and custody of children during the
4 provision of the organization's services, and to report to
5 the requesting organization any record of convictions
6 maintained in the Department's files about those such
7 persons. The Department shall charge an application fee,
8 based on actual costs, for the dissemination of conviction
9 information pursuant to this Section subsection. The
10 Department is empowered to establish this fee and shall
11 prescribe the form and manner for requesting and furnishing
12 conviction information pursuant to this Section subsection.
13 Information received by the organization from the
14 Department concerning an individual shall be provided to the
15 such individual. Any such information obtained by the
16 organization shall be confidential and may not be transmitted
17 outside the organization and may not be transmitted to anyone
18 within the organization except as needed for the purpose of
19 evaluating the individual. Only information and standards
20 that which bear a reasonable and rational relation to the
21 performance of child care shall be used by the organization.
22 Any employee of the Department or any member, employee,
23 or volunteer of the organization receiving confidential
24 information under this Section subsection who gives or causes
25 to be given any confidential information concerning any
26 criminal convictions of an individual shall be guilty of a
27 Class A misdemeanor unless release of the such information is
28 authorized by this Section subsection.
29 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
30 (20 ILCS 2605/100-340 new)
31 (was 20 ILCS 2605/55a, subdiv. (A)32) (from Ch. 127, par.
32 55a)
33 Sec. 100-340. Conviction information for private carrier
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1 company under Metropolitan Transit Authority Act. 32. Upon
2 the request of a private carrier company that provides
3 transportation under Section 28b of the Metropolitan Transit
4 Authority Act, to ascertain whether if an applicant for a
5 driver position has been convicted of any criminal or drug
6 offense enumerated in that Section 28b of the Metropolitan
7 Transit Authority Act. The Department shall furnish the
8 conviction information to the private carrier company that
9 requested the information.
10 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
11 (20 ILCS 2605/100-350 new)
12 (was 20 ILCS 2605/55a, subdiv. (A)18) (from Ch. 127, par.
13 55a)
14 Sec. 100-350. Juveniles; police contact record keeping
15 system. 18. To develop a separate statewide statistical
16 police contact record keeping system for the study of
17 juvenile delinquency. The records of this police contact
18 system shall be limited to statistical information. No
19 individually identifiable information shall be maintained in
20 the police contact statistical record system.
21 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
22 (20 ILCS 2605/100-355 new)
23 (was 20 ILCS 2605/55a, subdiv. (A)19) (from Ch. 127, par.
24 55a)
25 Sec. 100-355. Delinquent minors; central adjudicatory and
26 dispositional records system. 19. To develop a separate
27 statewide central adjudicatory and dispositional records
28 system for persons under 19 years of age who have been
29 adjudicated delinquent minors and to make information
30 available to local registered participating police youth
31 officers so that police youth officers will be able to obtain
32 rapid access to the juvenile's background from other
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1 jurisdictions to the end that the police youth officers can
2 make appropriate dispositions that which will best serve the
3 interest of the child and the community. Information
4 maintained in the adjudicatory and dispositional record
5 system shall be limited to the incidents or offenses for
6 which the minor was adjudicated delinquent by a court, and a
7 copy of the court's dispositional order. All individually
8 identifiable records in the adjudicatory and dispositional
9 records system shall be destroyed when the person reaches 19
10 years of age.
11 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
12 (20 ILCS 2605/100-360 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)20) (from Ch. 127, par.
14 55a)
15 Sec. 100-360. Rules for confidentiality of juvenile
16 records. 20. To develop rules that which guarantee the
17 confidentiality of the such individually identifiable
18 adjudicatory and dispositional records described in Section
19 100-355 except when used for the following:
20 (1) (a) by authorized juvenile court personnel or
21 the State's Attorney in connection with proceedings under
22 the Juvenile Court Act of 1987; or
23 (2) (b) inquiries from registered police youth
24 officers.
25 For the purposes of this Law, Act "police youth officer"
26 means a member of a duly organized State, county, or
27 municipal police force who is assigned by his or her
28 superintendent, sheriff, or chief of police, as the case may
29 be, to specialize in youth problems.
30 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
31 (20 ILCS 2605/100-365 new)
32 (was 20 ILCS 2605/55a, subdiv. (A)21) (from Ch. 127, par.
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1 55a)
2 Sec. 100-365. Access to juvenile records by minors and
3 others. 21. To develop administrative rules and
4 administrative hearing procedures that which allow a minor,
5 his or her attorney, and his or her parents or guardian
6 access to individually identifiable adjudicatory and
7 dispositional records for the purpose of determining or
8 challenging the accuracy of the records. Final administrative
9 decisions shall be subject to the provisions of the
10 Administrative Review Law.
11 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
12 (20 ILCS 2605/100-375 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)24) (from Ch. 127, par.
14 55a)
15 Sec. 100-375. Missing persons; Law Enforcement Agencies
16 Data System (LEADS). 24.
17 (a) To establish and maintain a statewide Law
18 Enforcement Agencies Data System (LEADS) for the purpose of
19 effecting an immediate law enforcement response to reports of
20 missing persons, including lost, missing or runaway minors.
21 The Department shall implement an automatic data exchange
22 system to compile, to maintain, and to make available to
23 other law enforcement agencies for immediate dissemination
24 data that which can assist appropriate agencies in recovering
25 missing persons.
26 (b) In exercising its duties under this Section
27 subsection, the Department shall do the following:
28 (1) Provide a uniform reporting format for the
29 entry of pertinent information regarding the report of a
30 missing person into LEADS.;
31 (2) Develop and implement a policy whereby a
32 statewide or regional alert would be used in situations
33 relating to the disappearances of individuals, based on
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1 criteria and in a format established by the Department.
2 Such a format shall include, but not be limited to, the
3 age of the missing person and the suspected circumstance
4 of the disappearance.;
5 (3) Notify all law enforcement agencies that
6 reports of missing persons shall be entered as soon as
7 the minimum level of data specified by the Department is
8 available to the reporting agency, and that no waiting
9 period for the entry of the such data exists.;
10 (4) Compile and retain information regarding lost,
11 abducted, missing, or runaway minors in a separate data
12 file, in a manner that allows that such information to be
13 used by law enforcement and other agencies deemed
14 appropriate by the Director, for investigative purposes.
15 The Such information shall include the disposition of all
16 reported lost, abducted, missing, or runaway minor
17 cases.;
18 (5) Compile and maintain an historic data
19 repository relating to lost, abducted, missing, or
20 runaway minors and other missing persons in order to
21 develop and improve techniques utilized by law
22 enforcement agencies when responding to reports of
23 missing persons.; and
24 (6) Create a quality control program regarding
25 confirmation of missing person data, timeliness of
26 entries of missing person reports into LEADS, and
27 performance audits of all entering agencies.
28 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
29 (20 ILCS 2605/100-380 new)
30 (was 20 ILCS 2605/55a-8) (from Ch. 127, par. 55a-8)
31 Sec. 100-380. Dental records. 55a-8. The Department of
32 State Police shall do the following:
33 (1) (a) Operate a State central repository for
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1 dental records of missing persons and unidentified dead
2 bodies.;
3 (2) (b) Receive and file dental records submitted by
4 county medical examiners and coroners from unidentified
5 dead bodies and submitted by law enforcement agencies
6 from persons reported missing for more than 30 days.;
7 (3) (c) Provide information from the file on
8 possible identifications resulting from the comparison of
9 dental records submitted with those records on file, to
10 county medical examiners, coroners, and law enforcement
11 agencies.; and
12 (4) (d) Expunge the dental records of those missing
13 persons who are found, and expunge from the file the
14 dental records of missing persons who are positively
15 identified as a result of comparisons made with this file
16 or, the files maintained by other states, territories,
17 insular possessions of the United States, or the United
18 States.
19 (Source: P.A. 84-1308.)
20 (20 ILCS 2605/100-390 new)
21 (was 20 ILCS 2605/55a, subdiv. (A)31) (from Ch. 127, par.
22 55a)
23 Sec. 100-390. Hate crimes. 31.
24 (a) To collect and disseminate information relating to
25 "hate crimes" as defined under Section 12-7.1 of the Criminal
26 Code of 1961 contingent upon the availability of State or
27 federal funds to revise and upgrade the Illinois Uniform
28 Crime Reporting System. All law enforcement agencies shall
29 report monthly to the Department of State Police concerning
30 those such offenses in the such form and in the such manner
31 as may be prescribed by rules and regulations adopted by the
32 Department of State Police. The Such information shall be
33 compiled by the Department and be disseminated upon request
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1 to any local law enforcement agency, unit of local
2 government, or State agency. Dissemination of the such
3 information shall be subject to all confidentiality
4 requirements otherwise imposed by law.
5 (b) The Department of State Police shall provide
6 training for State Police officers in identifying, responding
7 to, and reporting all hate crimes. The Illinois Local
8 Governmental Law Enforcement Officer's Training Board shall
9 develop and certify a course of such training to be made
10 available to local law enforcement officers.
11 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
12 (20 ILCS 2605/100-400 new)
13 (was 20 ILCS 2605/55a, subdiv. (A)22) (from Ch. 127, par.
14 55a)
15 Sec. 100-400. Fees; State Police Services Fund; audit.
16 22.
17 (a) To charge, collect, and receive fees or moneys
18 equivalent to the cost of providing Department of State
19 Police personnel, equipment, and services to local
20 governmental agencies when explicitly requested by a local
21 governmental agency and pursuant to an intergovernmental
22 agreement as provided by this Law Section, other State
23 agencies, and federal agencies, including but not limited to
24 fees or moneys equivalent to the cost of providing
25 dispatching services, radio and radar repair, and training to
26 local governmental agencies on such terms and conditions that
27 as in the judgment of the Director are in the best interest
28 of the State; and to establish, charge, collect, and receive
29 fees or moneys based on the cost of providing responses to
30 requests for criminal history record information pursuant to
31 positive identification and any Illinois or federal law
32 authorizing access to some aspect of that such information
33 and to prescribe the form and manner for requesting and
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1 furnishing the such information to the requestor on such
2 terms and conditions that as in the judgment of the Director
3 are in the best interest of the State, provided fees for
4 requesting and furnishing criminal history record information
5 may be waived for requests in the due administration of the
6 criminal laws. The Department may also charge, collect, and
7 receive fees or moneys equivalent to the cost of providing
8 electronic data processing lines or related telecommunication
9 services to local governments, but only when those such
10 services can be provided by the Department at a cost less
11 than that experienced by those said local governments through
12 other means. All services provided by the Department shall be
13 conducted pursuant to contracts in accordance with the
14 Intergovernmental Cooperation Act, and all telecommunication
15 services shall be provided pursuant to the provisions of
16 Section 25-270 67.18 of the Department of Central Management
17 Services Law (20 ILCS 405/25-270) this Code.
18 (b) All fees received by the Department of State Police
19 under the Civil Administrative Code of Illinois this Act or
20 the Illinois Uniform Conviction Information Act shall be
21 deposited in a special fund in the State treasury to be known
22 as the State Police Services Fund. The money deposited in the
23 State Police Services Fund shall be appropriated to the
24 Department of State Police for expenses of the Department of
25 State Police.
26 In addition to any other permitted use of moneys in the
27 Fund, and notwithstanding any restriction on the use of the
28 Fund, moneys in the State Police Services Fund may be
29 transferred to the General Revenue Fund as authorized by this
30 amendatory Act of 1992. The General Assembly finds that an
31 excess of moneys exists in the Fund. On February 1, 1992,
32 the Comptroller shall order transferred and the Treasurer
33 shall transfer $500,000 (or such lesser amount as may be on
34 deposit in the Fund and unexpended and unobligated on that
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1 date) from the Fund to the General Revenue Fund.
2 (c) Upon the completion of any audit of the Department
3 of State Police as prescribed by the Illinois State Auditing
4 Act, which audit includes an audit of the State Police
5 Services Fund, the Department of State Police shall make the
6 audit open to inspection by any interested person.
7 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
8 (20 ILCS 2605/100-405 new)
9 (was 20 ILCS 2605/55a, subdiv. (A)33) (from Ch. 127, par.
10 55a)
11 Sec. 100-405. Applying for grants or contracts; moneys
12 from other entities. 33. To apply for grants or contracts
13 and, receive, expend, allocate, or disburse funds and moneys
14 made available by public or private entities, including, but
15 not limited to, contracts, bequests, grants, or receiving
16 equipment from corporations, foundations, or public or
17 private institutions of higher learning. All funds received
18 by the Department from these sources shall be deposited into
19 the appropriate fund in the State treasury to be appropriated
20 to the Department for purposes as indicated by the grantor or
21 contractor or, in the case of funds or moneys bequeathed or
22 granted for no specific purpose, for any purpose as deemed
23 appropriate by the Director in administering the
24 responsibilities of the Department.
25 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
26 (20 ILCS 2605/100-420 new)
27 (was 20 ILCS 2605/55a, subdiv. (A)16) (from Ch. 127, par.
28 55a)
29 Sec. 100-420. Assisting victims and witnesses of gang
30 crime. 16. To assist victims and witnesses in gang crime
31 prosecutions through the administration of funds appropriated
32 from the Gang Violence Victims and Witnesses Fund to the
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1 Department. Those Such funds shall be appropriated to the
2 Department and shall only be used to assist victims and
3 witnesses in gang crime prosecutions. The and such assistance
4 may include any of the following:
5 (1) (a) Temporary living costs.;
6 (2) (b) Moving expenses.;
7 (3) (c) Closing costs on the sale of a private
8 residence.;
9 (4) (d) First month's rent.;
10 (5) (e) Security deposits.;
11 (6) (f) Apartment location assistance.;
12 (7) (g) Other expenses that which the Department
13 considers appropriate.; and
14 (8) (h) Compensation for any loss of or injury to
15 real or personal property resulting from a gang crime to
16 a maximum of $5,000, subject to the following provisions:
17 (A) (1) In the case of loss of property, the
18 amount of compensation shall be measured by the
19 replacement cost of similar or like property that
20 which has been incurred by and that which is
21 substantiated by the property owner.,
22 (B) (2) In the case of injury to property, the
23 amount of compensation shall be measured by the cost
24 of repair incurred and that which can be
25 substantiated by the property owner.,
26 (C) (3) Compensation under this provision is a
27 secondary source of compensation and shall be
28 reduced by any amount the property owner receives
29 from any other source as compensation for the loss
30 or injury, including, but not limited to, personal
31 insurance coverage.,
32 (D) (4) No compensation may be awarded if the
33 property owner was an offender or an accomplice of
34 the offender, or if the award would unjustly benefit
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1 the offender or offenders, or an accomplice of the
2 offender or offenders.
3 No victim or witness may receive such assistance under
4 this Section if he or she is not a part of or fails to fully
5 cooperate in the prosecution of gang crime members by law
6 enforcement authorities.
7 The Department shall promulgate any rules necessary for
8 the implementation of this amendatory Act of 1985.
9 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
10 (20 ILCS 2605/100-430 new)
11 (was 20 ILCS 2605/55a, subdiv. (A)7) (from Ch. 127, par.
12 55a)
13 Sec. 100-430. Assistance to local law enforcement
14 agencies. 7. To provide, as may be required by law,
15 assistance to local law enforcement agencies through (i) (a)
16 training, management, and consultant services for local law
17 enforcement agencies, and (ii) (b) the pursuit of research
18 and the publication of studies pertaining to local law
19 enforcement activities.
20 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
21 (20 ILCS 2605/100-435 new)
22 (was 20 ILCS 2605/55a, subdiv. (A)27) (from Ch. 127, par.
23 55a)
24 Sec. 100-435. Electronic criminal surveillance;
25 assistance to local authorities. 27. To do the following:
26 (1) (a) Promulgate rules pertaining to the
27 certification, revocation of certification, and training
28 of law enforcement officers as electronic criminal
29 surveillance officers.,
30 (2) (b) Provide training and technical assistance
31 to State's Attorneys and local law enforcement agencies
32 pertaining to the interception of private oral
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1 communications.,
2 (3) (c) Promulgate rules necessary for the
3 administration of Article 108B of the Code of Criminal
4 Procedure of 1963, including but not limited to standards
5 for recording and minimization of electronic criminal
6 surveillance intercepts, documentation required to be
7 maintained during an intercept, and procedures in
8 relation to evidence developed by an intercept., and
9 (4) (d) Charge a reasonable fee to each law
10 enforcement agency that sends officers to receive
11 training as electronic criminal surveillance officers.
12 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
13 (20 ILCS 2605/100-500 new)
14 (was 20 ILCS 2605/55a, subdiv. (A)6) (from Ch. 127, par.
15 55a)
16 Sec. 100-500. Communication activities. 6. To do the
17 following:
18 (1) (a) Acquire and operate one or more radio
19 broadcasting stations in the State to be used for police
20 purposes.,
21 (2) (b) Operate a statewide communications network
22 to gather and disseminate information for law enforcement
23 agencies.,
24 (3) (c) Operate an electronic data processing and
25 computer center for the storage and retrieval of data
26 pertaining to criminal activity., and
27 (4) (d) Undertake such other communication
28 activities that as may be required by law.
29 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
30 (20 ILCS 2605/100-505 new)
31 (was 20 ILCS 2605/55b) (from Ch. 127, par. 55b)
32 Sec. 100-505. Local citizens radio groups. 55b. The
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1 Department of State Police is authorized to use local
2 citizens radio groups in connection with its communication
3 duties under the Civil Administrative Code of Illinois this
4 Act, and to coordinate those such local citizens citizen
5 radio groups with the functions of local law enforcement
6 agencies as the Department deems advisable. With the
7 approval of the Department, those such local citizens radio
8 groups shall be eligible for law enforcement grants.
9 (Source: P.A. 84-25.)
10 (20 ILCS 2605/100-525 new)
11 (was 20 ILCS 2605/55a, subdiv. (A)13) (from Ch. 127, par.
12 55a)
13 Sec. 100-525. Furlough of inmates to State agencies for
14 research. 13. With the written approval of the Governor, to
15 enter into agreements with other departments created by the
16 Civil Administrative Code of Illinois this Act, for the
17 furlough of inmates of the penitentiary to those such other
18 departments for their use in research programs being
19 conducted by them.
20 For the purpose of participating in those such research
21 projects, the Department may extend the limits of any
22 inmate's place of confinement, when there is reasonable cause
23 to believe that the inmate will honor his or her trust by
24 authorizing the inmate, under prescribed conditions, to leave
25 the confines of the place unaccompanied by a custodial agent
26 of the Department. The Department shall make rules governing
27 (i) the transfer of the inmate to the requesting other
28 department having the approved research project, and (ii) the
29 return of the such inmate to the unextended confines of the
30 penitentiary. The Such transfer shall be made only with the
31 consent of the inmate.
32 The willful failure of a prisoner to remain within the
33 extended limits of his or her confinement or to return within
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1 the time or manner prescribed to the place of confinement
2 designated by the Department in granting the such extension
3 shall be deemed an escape from custody of the Department and
4 punishable as provided in Section 3-6-4 of the Unified Code
5 of Corrections.
6 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
7 (20 ILCS 2605/100-550 new)
8 (was 20 ILCS 2605/55a, subdiv. (A)12) (from Ch. 127, par.
9 55a)
10 Sec. 100-550. Transfer of realty to State agency;
11 acquisition of federal land. 12. To transfer jurisdiction of
12 any realty title to which is held by the State of Illinois
13 under the control of the Department to any other department
14 of the State government or to the State Employees Housing
15 Commission, or to acquire or accept federal land, when the
16 such transfer, acquisition, or acceptance is advantageous to
17 the State and is approved in writing by the Governor.
18 (Source: P.A. 88-45; 88-427; 88-614; 89-54, eff. 6-30-95.)
19 (20 ILCS 2705/Art. 105 heading new)
20 ARTICLE 105. DEPARTMENT OF TRANSPORTATION
21 (20 ILCS 2705/105-1 new)
22 Sec. 105-1. Article short title. This Article 105 of the
23 Civil Administrative Code of Illinois may be cited as the
24 Department of Transportation Law.
25 (20 ILCS 2705/105-5 new)
26 Sec. 105-5. Definitions. In this Law:
27 "Department" means the Department of Transportation.
28 "Secretary" means the Secretary of Transportation.
29 (20 ILCS 2705/105-10 new)
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1 (was 20 ILCS 2705/49, in part) (from Ch. 127, par. 49)
2 Sec. 105-10. Powers, generally. The Department of
3 Transportation has the powers enumerated in the following
4 Sections 49.01a through 49.31.
5 (Source: P.A. 86-610.)
6 (20 ILCS 2705/105-15 new)
7 (was 20 ILCS 2705/49, in part, and 2705/49.23) (from Ch.
8 127, pars. 49 and 49.23)
9 Sec. 105-15. Administrative organization. (a) 49. The
10 Secretary of the Department of Transportation may create and
11 establish offices, divisions, and administrative units as
12 necessary for the efficient administration and operation of
13 the Department and may assign functions, powers, and duties
14 to the several offices, divisions, and administrative units
15 in the Department.
16 (b) The Department has the power 49.23. to establish the
17 such administrative organization within the Department that
18 as is required to carry out the powers, duties, and functions
19 of the Department and best utilize the personnel, skills,
20 facilities, and resources of the Department and, its offices,
21 divisions, and agencies.
22 (Source: P.A. 77-153.)
23 (20 ILCS 2705/105-90 new)
24 (was 20 ILCS 2705/49.31) (from Ch. 127, par. 49.31)
25 Sec. 105-90. Criminal history record information from
26 Department of State Police. 49.31. Whenever the Department is
27 authorized or required by law to consider some aspect of
28 criminal history record information for the purpose of
29 carrying out its statutory powers and responsibilities, then,
30 upon request and payment of fees in conformance with the
31 requirements of subsection 22 of Section 100-400 55a of the
32 Department of State Police Law (20 ILCS 2605/100-400) "The
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1 Civil Administrative Code of Illinois", the Department of
2 State Police is authorized to furnish, pursuant to positive
3 identification, the such information contained in State files
4 that as is necessary to fulfill the request.
5 (Source: P.A. 86-610.)
6 (20 ILCS 2705/105-100 new)
7 (was 20 ILCS 2705/49.01a) (from Ch. 127, par. 49.01a)
8 Sec. 105-100. Aeronautics; transfer from Department of
9 Aeronautics. The Department has the power 49.01a. to
10 exercise, administer, and enforce, through a Division of
11 Aeronautics, all rights, powers, and duties vested in the
12 Department of Aeronautics by the Illinois Aeronautics Act.
13 The Department has the power "An Act relating to aeronautics
14 and repealing a certain act herein named", approved July 24,
15 1945, as amended, and to regulate and supervise aeronautics
16 in this State and to administer and enforce all laws of this
17 State pertaining to aeronautics.
18 (Source: P.A. 78-479.)
19 (20 ILCS 2705/105-105 new)
20 (was 20 ILCS 2705/49.06a) (from Ch. 127, par. 49.06a)
21 Sec. 105-105. Bridge and ferry operation; transfer from
22 Department of Public Works and Buildings. The Department has
23 the power 49.06a. to exercise, administer, and enforce the
24 rights, powers, and duties vested in the Department of Public
25 Works and Buildings by any law relating to the operation of
26 bridges and ferries.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (20 ILCS 2705/105-110 new)
29 (was 20 ILCS 2705/49.07a) (from Ch. 127, par. 49.07a)
30 Sec. 105-110. Motor vehicles; transfer from Department of
31 Public Works and Buildings. The Department has the power
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1 49.07a. to exercise, administer, and enforce all rights,
2 powers, and duties vested in the Department of Public Works
3 and Buildings by the "Illinois Vehicle Code," approved
4 September 29, 1969, as amended or any law relating to motor
5 vehicles.
6 (Source: P.A. 77-153.)
7 (20 ILCS 2705/105-115 new)
8 (was 20 ILCS 2705/49.08a) (from Ch. 127, par. 49.08a)
9 Sec. 105-115. Roads and bridges; transfer from Department
10 of Public Works and Buildings. The Department has the power
11 49.08a. to exercise, administer, and enforce all rights,
12 powers, and duties vested in the Department of Public Works
13 and Buildings by the "Illinois Highway Code", approved June
14 8, 1959, as amended, and any other law relating to roads,
15 streets, and bridges and toll highways.
16 (Source: P.A. 77-153.)
17 (20 ILCS 2705/105-120 new)
18 (was 20 ILCS 2705/49.11) (from Ch. 127, par. 49.11)
19 Sec. 105-120. Transfer of other rights, powers, and
20 duties from Department of Public Works and Buildings. The
21 Department has the power 49.11. to exercise all rights,
22 powers, and duties vested by law in the Department of Public
23 Works and Buildings and in the Director of Public Works and
24 Buildings not otherwise expressly transferred to and vested
25 in another department.
26 (Source: P.A. 77-153.)
27 (20 ILCS 2705/105-125 new)
28 (was 20 ILCS 2705/49.22) (from Ch. 127, par. 49.22)
29 Sec. 105-125. Safety inspection of motor vehicles;
30 transfer from various State agencies. The Department has the
31 power 49.22. to administer, exercise, and enforce the rights,
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1 powers, and duties presently vested in the Department of
2 State Police and the Division of State Troopers under the
3 "Illinois Vehicle Inspection Law," in the Illinois Commerce
4 Commission, in the State Board of Education, and in the
5 Secretary of State under laws relating to the safety
6 inspection of motor vehicles operated by common carriers, of
7 school buses, and of motor vehicles used in the
8 transportation of school children and motor vehicles used in
9 driver training schools for hire licensed under Article IV of
10 "the Illinois Driver Licensing Law", or under any other law
11 relating to the safety inspection of motor vehicles of the
12 second division as defined in "the Illinois Vehicle Code".
13 (Source: P.A. 84-25.)
14 (20 ILCS 2705/105-175 new)
15 (was 20 ILCS 2705/49.24) (from Ch. 127, par. 49.24)
16 Sec. 105-175. State employees; effect of transfer to
17 Department. 49.24. The transfer to the Department of
18 Transportation of employees of the Department of Public Works
19 and Buildings, or of any other department, office, or agency
20 of the State, shall not affect the status of those such
21 employees under civil service, merit service, the "Personnel
22 Code", or other laws relating to State employees.
23 (Source: P.A. 77-153.)
24 (20 ILCS 2705/105-200 new)
25 (was 20 ILCS 2705/49.16) (from Ch. 127, par. 49.16)
26 Sec. 105-200. Transportation master plan. 49.16.
27 (a) The Department has the power to develop and maintain
28 a continuing, comprehensive, and integrated planning process
29 that which shall develop and periodically revise a statewide
30 master plan for transportation to guide program development
31 and to foster efficient and economical transportation
32 services in ground, air, water, and all other modes of
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1 transportation throughout the State. The Department shall
2 coordinate its transportation planning activities with those
3 of other State agencies and authorities, and shall supervise
4 and review any transportation planning performed by other
5 Executive agencies under the direction of the Governor. The
6 Department shall cooperate and participate with federal,
7 regional, interstate, State, and local agencies, in
8 accordance with Sections 5-301 and 7-301 of the Illinois
9 Highway Code, and with interested private individuals and
10 organizations, in the coordination of plans and policies for
11 development of the State's transportation system.
12 (b) To meet the provisions of this Section, the
13 Department shall publish and deliver to the Governor and
14 General Assembly by January 1, 1982 and every 2 years
15 thereafter, its master plan for highway, waterway,
16 aeronautic, mass transportation, and railroad systems. The
17 plan shall identify priority subsystems or components of each
18 system that which are critical to the economic and general
19 welfare of the State regardless of public jurisdictional
20 responsibility or private ownership.
21 The master plan shall provide particular emphasis and
22 detail of the 5 year period in the immediate future.
23 Annual and 5 year project programs for each State system
24 in this Section shall be published and furnished the General
25 Assembly on the first Wednesday in April of each year.
26 (c) Identified needs included in the project programs
27 shall be listed and mapped in a distinctive fashion to
28 clearly identify the priority status of the projects: (1)
29 projects to be committed for execution; (2) tentative
30 projects that which are dependent upon funding or other
31 constraints; and (3) needed projects that which are not
32 programmed due to lack of funding or other constraints.
33 All projects shall be related to the priority systems of
34 the master plan, and the priority criteria shall be
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1 identified. Cost and estimated completion dates shall be
2 included for work required to complete a useable segment or
3 component beyond the 5 year period of the program.
4 (Source: P.A. 82-110.)
5 (20 ILCS 2705/105-205 new)
6 (was 20 ILCS 2705/49.21) (from Ch. 127, par. 49.21)
7 Sec. 105-205. Study of demand for transportation. The
8 Department has the power, 49.21. in cooperation with State
9 universities and other research oriented institutions, to
10 study the extent and nature of the demand for transportation
11 and to collect and assemble information regarding the most
12 feasible, technical and socio-economic solutions for meeting
13 that demand and the costs thereof. The Department has the
14 power to report to the Governor and the General Assembly, by
15 February 15 of each odd-numbered year, the results of the
16 such study and recommendations based on the study thereon.
17 The requirement for reporting to the General Assembly
18 shall be satisfied by filing copies of the report with the
19 Speaker, the Minority Leader, and the Clerk of the House of
20 Representatives and the President, the Minority Leader, and
21 the Secretary of the Senate and the Legislative Research
22 Unit, as required by Section 3.1 of "An Act to revise the law
23 in relation to the General Assembly Organization Act",
24 approved February 25, 1874, as amended, and by filing such
25 additional copies with the State Government Report
26 Distribution Center for the General Assembly as is required
27 under paragraph (t) of Section 7 of the State Library Act.
28 (Source: P.A. 84-1438.)
29 (20 ILCS 2705/105-210 new)
30 (was 20 ILCS 2705/49.15) (from Ch. 127, par. 49.15)
31 Sec. 105-210. Traffic control and prevention of
32 accidents. The Department has the power 49.15. to develop,
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1 consolidate, and coordinate effective programs and activities
2 for the advancement of driver education, for the facilitation
3 of the movement of motor vehicle traffic, and for the
4 protection and conservation of life and property on the
5 streets and highways of this State and to advise, recommend,
6 and consult with the several departments, divisions, boards,
7 commissions, and other agencies of this State in regard to
8 those such programs and activities. The Department has the
9 power and to aid and assist the counties, cities, towns, and
10 other political subdivisions of this State in the control of
11 traffic and the prevention of traffic accidents. That Such
12 aid and assistance to counties, cities, towns, and other
13 political subdivisions of this State shall include assistance
14 with regard to planning, traffic flow, light synchronizing,
15 preferential lanes for carpools, and carpool parking
16 allocations.
17 (Source: P.A. 80-1016.)
18 (20 ILCS 2705/105-215 new)
19 (was 20 ILCS 2705/49.27) (from Ch. 127, par. 49.27)
20 Sec. 105-215. 49.27. Cooperative utilization of equipment
21 and services of governmental entities and not-for-profit
22 organizations for the transportation needs in public service
23 programs.
24 (a) The Department is directed to encourage and assist
25 governmental entities, not-for-profit corporations, and
26 nonprofit community service associations, between or among
27 themselves, in the development of reasonable utilization of
28 transportation equipment and operational service in
29 satisfying the general and specialized public transportation
30 needs.
31 The Department shall develop and encourage cooperative
32 development, among all entities, of programs promoting
33 efficient service and, conservation of capital investment and
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1 energy; and shall assist all entities in achieving their
2 goals and in their applications for transportation grants
3 under appropriate State or federal programs.
4 (b) Implementation of cooperative programs is to be
5 developed within the meaning of the provisions of the
6 "Intergovernmental Cooperation Act", approved October 1,
7 1973, as amended. In the circumstances of nongovernmental
8 entities, the Department shall be guided by that such Act and
9 any other State law in encouraging the such cooperative
10 programs between those such entities.
11 (c) The Department shall report to the members of the
12 General Assembly, by March 1 of each year, its successes,
13 failures and progress in achieving the intent of this
14 Section. The report shall also include identification of
15 problems as well as the Department's its recommendations.
16 (Source: P.A. 81-1404.)
17 (20 ILCS 2705/105-225 new)
18 (was 20 ILCS 2705/49.02a) (from Ch. 127, par. 49.02a)
19 Sec. 105-225. Air transportation for State officers and
20 employees. 49.02a. The Department of Transportation may
21 provide air transportation for officers and employees of the
22 offices, departments, and agencies of the State government,
23 and charge the such office, department, or agency for that
24 such transportation. Charges for the such transportation
25 shall not exceed the expenses incurred and costs involved in
26 providing air transportation, and may include expenses for
27 equipment, personnel, and operational expenses.
28 All requests for air transportation shall be made in
29 writing and shall be signed by the executive officer or
30 employee of the office, department, or agency.
31 Except as provided herein, all requests shall be filled
32 in the following priority: (1) the Governor, (2) the
33 Lieutenant Governor, (3) the legislative leaders of the
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1 General Assembly, specifically, the President and minority
2 leader of the Senate and the Speaker and minority leader of
3 the House of Representatives, (4) the Judges of the Supreme
4 Court, (5) the Attorney General, (6) the Secretary of State,
5 (7) the Comptroller, (8) the Treasurer, (9) other members of
6 the General Assembly; and thereafter as provided by the
7 Department of Transportation.
8 (Source: P.A. 84-994; 84-1101.)
9 (20 ILCS 2705/105-240 new)
10 (was 20 ILCS 2705/49.17) (from Ch. 127, par. 49.17)
11 Sec. 105-240. Grants for capital assistance. The
12 Department has the power 49.17. to administer the allocation
13 of State monies appropriated as grants for capital assistance
14 purposes in the manner prescribed by law. No transportation
15 program administered by any other Executive agency under the
16 direction of the Governor or project undertaken thereunder
17 shall be eligible for capital assistance from the State until
18 that such program and project have been approved by the
19 Department.
20 (Source: P.A. 77-153.)
21 (20 ILCS 2705/105-245 new)
22 (was 20 ILCS 2705/49.20) (from Ch. 127, par. 49.20)
23 Sec. 105-245. Inspection of property and records of
24 applicants for and recipients of assistance. 49.20. The
25 Department at reasonable times may inspect the property and
26 examine the books, records, and other information relating to
27 the nature or adequacy of services, facilities, or equipment
28 of any municipality, district, or carrier that which is
29 receiving or has applied for assistance under this Law Act.
30 It may conduct investigations and hold hearings within or
31 without the State. This Section shall not affect the
32 regulatory power of any other State or local agency with
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1 respect to transportation rates and services. Annual
2 statements of assets, revenues, and expenses and annual audit
3 reports shall be submitted to the Department by each
4 municipality, district, or carrier receiving or applying for
5 capital assistance from the State.
6 (Source: P.A. 77-153.)
7 (20 ILCS 2705/105-255 new)
8 (was 20 ILCS 2705/49.14) (from Ch. 127, par. 49.14)
9 Sec. 105-255. Appropriations from Build Illinois Bond
10 Fund and Build Illinois Purposes Fund. 49.14. Any expenditure
11 of funds by the Department for interchanges, for access roads
12 to and from any State or local highway in Illinois, or for
13 other transportation capital improvements related to an
14 economic development project pursuant to appropriations to
15 the Department from the Build Illinois Bond Fund and the
16 Build Illinois Purposes Fund shall be used for funding
17 improvements related to existing or planned scientific,
18 research, manufacturing, or industrial development or
19 expansion in Illinois. In addition, the Department may use
20 those such funds to encourage and maximize public and private
21 participation in those such improvements. The Department
22 shall consult with the Department of Commerce and Community
23 Affairs prior to expending any funds for those such purposes
24 pursuant to appropriations from the Build Illinois Bond Fund
25 and the Build Illinois Purposes Fund.
26 (Source: P.A. 84-109.)
27 (20 ILCS 2705/105-265 new)
28 (was 20 ILCS 2705/49.33)
29 Sec. 105-265. 49.33. Use of coal combustion by-products.
30 The Department shall, where economically feasible and safe,
31 foster the use of coal combustion by-products by specifying
32 usage of these by-products in road building materials and by
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1 developing and including specifications for their use in
2 beds, fills, backfills, trenches, and embankments.
3 (Source: P.A. 89-93, eff. 7-6-95.)
4 (20 ILCS 2705/105-275 new)
5 (was 20 ILCS 2705/49.25j) (from Ch. 127, par. 49.25j)
6 Sec. 105-275. Grants for airport facilities. 49.25j. The
7 Department may make grants to municipalities and airport
8 authorities for the renovation, construction, and development
9 of airport facilities. The Such grants may be made from funds
10 appropriated for that such purpose from the Build Illinois
11 Bond Fund or the Build Illinois Purposes Fund, created by the
12 84th General Assembly.
13 (Source: P.A. 84-109.)
14 (20 ILCS 2705/105-285 new)
15 (was 20 ILCS 2705/49.06b) (from Ch. 127, par. 49.06b)
16 Sec. 105-285. Ports and waterways. The Department has the
17 power 49.06b. to undertake port and waterway development
18 planning and studies of port and waterway development
19 problems and to provide technical assistance to port
20 districts and units of local government in connection with
21 port and waterway development activities. The Department may
22 provide financial assistance for the ordinary and contingent
23 expenses of port districts upon the such terms and conditions
24 that as the Department finds necessary to aid in the
25 development of those such districts.
26 The Department shall coordinate all its activities under
27 this Section with the Department of Commerce and Community
28 Affairs.
29 (Source: P.A. 81-1509.)
30 (20 ILCS 2705/105-300 new)
31 (was 20 ILCS 2705/49.18) (from Ch. 127, par. 49.18)
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1 Sec. 105-300. 49.18. Powers concerning mass
2 transportation. The Department has the power to do the
3 following:
4 (1) To Advise and assist the Governor and the General
5 Assembly in formulating (i) (a) a mass transportation policy
6 for the State_, (ii); (b) proposals designed to help meet and
7 resolve special problems of mass transportation within the
8 State,; and (iii) (c) programs of assistance for the
9 comprehensive planning, development, and administration of
10 mass transportation facilities and services.;
11 (2) To Appear and participate in proceedings before any
12 federal, State, or local regulatory agency involving or
13 affecting mass transportation in the State.;
14 (3) To Study mass transportation problems and provide
15 technical assistance to units of local government.;
16 (4) To Encourage experimentation in developing new mass
17 transportation facilities and services.;
18 (5) To Recommend policies, programs, and actions
19 designed to improve utilization of mass transportation
20 services.;
21 (6) To Cooperate with mass transit districts and
22 systems, local governments, and other State agencies in
23 meeting those problems of air, noise, and water pollution
24 associated with transportation.;
25 (7) To Participate fully in a statewide effort to
26 improve transport safety.;
27 (8) To Conduct by contract or otherwise technical
28 studies, and demonstration and development projects which
29 shall be designed to test and develop methods for increasing
30 public use of mass transportation and for providing mass
31 transportation in an efficient, coordinated, and convenient
32 manner.;
33 (9) To Make applications for, to receive, and to make
34 use of grants for mass transportation.;
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1 (10) To Make grants for mass transportation from the
2 Transportation Fund pursuant to the standards and procedures
3 of Sections 105-305 49.19 and 105-310 49.19a.
4 (Source: P.A. 81-1464.)
5 (20 ILCS 2705/105-305 new)
6 (was 20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
7 Sec. 105-305. 49.19. Grants for mass transportation.
8 (a) (1) For the purpose of mass transportation grants and
9 contracts, the following definitions apply:
10 (a) "Mass Transportation" means transportation provided
11 within the State of Illinois by rail, bus, or other
12 conveyance, available to the general public on a regular and
13 continuing basis including the transportation of handicapped
14 or elderly persons as provided more specifically in Section
15 49.19a of this Act.
16 (b)"Carrier" means any corporation, authority,
17 partnership, association, person, or district authorized to
18 provide mass transportation within the State.
19 (c) "Facilities" comprise all real and personal property
20 used in or appurtenant to a mass transportation system,
21 including parking lots.
22 (d) "Municipality" means any city, village, or
23 incorporated town
24 (e) "District" means all of the following:
25 (i) Any district created pursuant to the "Local
26 Mass Transit District Act.", approved July 21, 1959, as
27 amended;
28 (ii) The Authority created pursuant to the
29 "Metropolitan Transit Authority Act.", approved April 12,
30 1945, as amended;
31 (iii) Any authority, commission, or other entity
32 that which by virtue of an interstate compact approved by
33 Congress is authorized to provide mass transportation.;
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1 (iv) The Authority created pursuant to the
2 "Regional Transportation Authority Act".
3 "Facilities" comprise all real and personal property used
4 in or appurtenant to a mass transportation system, including
5 parking lots.
6 "Mass transportation" means transportation provided
7 within the State of Illinois by rail, bus, or other
8 conveyance and available to the general public on a regular
9 and continuing basis, including the transportation of
10 handicapped or elderly persons as provided more specifically
11 in Section 105-310.
12 "Municipality" means any city, village, or incorporated
13 town.
14 (b) (2) Grants may be made to municipalities, districts,
15 and carriers for the acquisition, construction, extension,
16 reconstruction, and improvement of mass transportation
17 facilities. Grants shall be made upon the such terms and
18 conditions that as in the judgment of the Secretary are
19 necessary to ensure their proper and effective utilization.
20 (c) (3) The Department shall make grants under this Law
21 Act in a manner designed, so far as is consistent with the
22 maintenance and development of a sound mass transportation
23 system within the State, to: (i) (a) maximize federal funds
24 for the assistance of mass transportation in Illinois under
25 the Urban Mass Transportation Act of 1964, as amended, and
26 other federal Acts; (ii) (b) facilitate the movement of
27 persons who because of age, economic circumstance, or
28 physical infirmity are unable to drive; (iii) (c) contribute
29 to an improved environment through the reduction of air,
30 water, and noise pollution; and (iv) (d) reduce traffic
31 congestion.
32 (d) (4) The Secretary shall establish procedures for
33 making application for mass transportation grants. The Such
34 procedures shall provide for public notice of all
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1 applications and give reasonable opportunity for the
2 submission of comments and objections by interested parties.
3 The procedures shall be designed with a view to facilitating
4 simultaneous application for a grant to the Department and to
5 the federal government.
6 (e) (5) Grants may be made for mass transportation
7 projects as follows:
8 (1) (a) In an amount not to exceed 100% of the
9 nonfederal share of projects for which a federal grant is
10 made.;
11 (2) (b) In an amount not to exceed 100% of the net
12 project cost for projects for which a federal grant is
13 not made.;
14 (3) (c) In an amount not to exceed five-sixths of
15 the net project cost for projects essential for the
16 maintenance of a sound transportation system and eligible
17 for federal assistance for which a federal grant
18 application has been made but a federal grant has been
19 delayed. If and when a federal grant is made, the amount
20 in excess of the nonfederal share shall be promptly
21 returned to the Department.
22 In no event shall the Department make a grant that which,
23 together with any federal funds or funds from any other
24 source, is in excess of 100% of the net project cost.
25 (f) (6) Regardless of whether any funds are available
26 under a federal grant, the Department shall not make a mass
27 transportation grant unless the Secretary finds that the
28 recipient has entered into an agreement with the Department
29 in which the recipient agrees not to engage in school bus
30 operations exclusively for the transportation of students and
31 school personnel in competition with private school bus
32 operators where those such private school bus operators are
33 able to provide adequate transportation, at reasonable rates,
34 in conformance with applicable safety standards, provided
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1 that this requirement shall not apply to a recipient that
2 which operates a school system in the area to be served and
3 operates a separate and exclusive school bus program for the
4 school system.
5 (g) (7) Grants may be made for mass transportation
6 purposes with funds appropriated from the Build Illinois Bond
7 Fund or the Build Illinois Purposes Fund, created by the 84th
8 General Assembly, consistent with the specific purposes for
9 which those such funds are appropriated by the General
10 Assembly. Grants under this subsection (g) (7) are not
11 subject to any limitations or conditions imposed upon grants
12 by any other provision of this Section, except that the
13 Secretary may impose the such terms and conditions that as in
14 his or her judgment are necessary to ensure the proper and
15 effective utilization of the grants under this subsection.
16 (h) (8) The Department may let contracts for mass
17 transportation purposes and facilities for the purpose of
18 reducing urban congestion funded in whole or in part with
19 bonds described in subdivision subsection (b)(1) of Section 4
20 of the General Obligation Bond Act, not to exceed $75,000,000
21 in bonds.
22 (i) (9) The Department may make grants to carriers,
23 districts, and municipalities for the purpose of reimbursing
24 them for providing reduced fares for mass transportation
25 services for students, handicapped persons and the elderly.
26 Grants shall be made upon the such terms and conditions that
27 as in the judgment of the Secretary are necessary to ensure
28 their proper and effective utilization.
29 (Source: P.A. 86-16.)
30 (20 ILCS 2705/105-310 new)
31 (was 20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
32 Sec. 105-310. 49.19a. Grants for transportation for
33 handicapped persons.
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1 (a) (1) For the purposes of this Section, the following
2 definitions apply:
3 (a) "Carrier" means a district or a not for profit
4 corporation providing mass transportation for handicapped
5 persons on a regular and continuing basis.
6 (b) "Municipality", "district" and "facilities" have the
7 meanings ascribed to them in Section 49.19.
8 (c) "Handicapped person" means any individual who, by
9 reason of illness, injury, age, congenital malfunction, or
10 other permanent or temporary incapacity or disability, is
11 unable without special mass transportation facilities or
12 special planning or design to utilize ordinary mass
13 transportation facilities and services as effectively as
14 persons who are not so affected.
15 "District", "facilities", and "municipality" have the
16 meanings ascribed to them in Section 105-305.
17 (b) (2) The Department may make grants from the
18 Transportation Fund and the General Revenue Fund to
19 municipalities, districts, and carriers for the acquisition,
20 construction, extension, reconstruction, and improvement of
21 mass transportation facilities for handicapped persons, and,
22 during State fiscal years 1986 and 1987, to the Regional
23 Transportation Authority for operating assistance for mass
24 transportation for mobility limited handicapped persons,
25 including paratransit services for the mobility limited. The
26 Such grants shall be made upon the such terms and conditions
27 that as in the judgment of the Secretary are necessary to
28 ensure their proper and effective utilization. The
29 procedures, limitations, and safeguards provided in Section
30 105-305 49.19 of this Act to govern grants for mass
31 transportation shall apply to grants made under this Section.
32 For the efficient administration of grants, the
33 Department, on behalf of not for profit corporations
34 receiving grants under this Section and on behalf of
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1 recipients receiving funds under Section 18 of the federal
2 Urban Mass Transportation Act, may administer and consolidate
3 procurements and may enter into contracts with manufacturers
4 of vehicles and equipment.
5 (c) (3) The Department may make operating assistance
6 grants from the Transportation Fund to those carriers that,
7 during federal fiscal year 1986, directly received operating
8 assistance pursuant to Section 9 or Section 18 of the federal
9 Urban Mass Transportation Act, or under contracts with a
10 county, municipality, or mass transit district that received
11 operating expenses under Section 9 or Section 18 of the Urban
12 Mass Transportation Act, to provide public paratransit
13 services to the general mobility limited population. The
14 Secretary shall take into consideration the reduction in
15 federal operating expense grants to carriers when considering
16 the such grant applications. The procedures, limitations,
17 and safeguards provided in Section 105-305 49.19 of this Act
18 to govern grants for mass transportation shall apply to
19 grants made under this Section.
20 (Source: P.A. 86-16.)
21 (20 ILCS 2705/105-315 new)
22 (was 20 ILCS 2705/49.19b) (from Ch. 127, par. 49.19b)
23 Sec. 105-315. 49.19b. Grants for passenger security. The
24 Department may make grants from the Transportation Fund and
25 the General Revenue Fund to the Regional Transportation
26 Authority created under the Regional Transportation Authority
27 Act to be used to provide protection against crime for the
28 consumers of public transportation, and for the employees and
29 facilities of public transportation providers, in the
30 metropolitan region. The Such grants may be used (1) to
31 provide that such protection directly, or (2) to contract
32 with any municipality or county in the metropolitan region to
33 provide that such protection, or (3) except for the Chicago
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1 Transit Authority created under the Metropolitan Transit
2 Authority Act, to contract with a private security agency to
3 provide that such protection.
4 The Such grants shall be made upon the such terms and
5 conditions that as in the judgment of the Secretary are
6 necessary to ensure their proper and effective utilization.
7 The procedures provided in Section 105-305 49.19 of this Act
8 to govern grants for mass transportation shall apply to
9 grants made under this Section.
10 (Source: P.A. 84-1246.)
11 (20 ILCS 2705/105-350 new)
12 (was 20 ILCS 2705/49.26) (from Ch. 127, par. 49.26)
13 Sec. 105-350. 49.26. Intercity bus service assistance.
14 For the purposes of providing intercity bus passenger service
15 and the promotion of an efficient intercity bus passenger
16 system within this State as authorized by Section 22 of the
17 "Urban Mass Transportation Act of 1964", as amended, the
18 Department is authorized to enter into agreements with any
19 carrier. The cost related to the such services shall be borne
20 in the such proportion that as, by agreement or contract, the
21 parties may determine; provided, however, that no State
22 monies shall be expended for those such purposes.
23 (Source: P.A. 81-326.)
24 (20 ILCS 2705/105-400 new)
25 (was 20 ILCS 2705/49.25a) (from Ch. 127, par. 49.25a)
26 Sec. 105-400. 49.25a. Authorization concerning rail
27 assistance funds. The Department is hereby authorized to
28 exercise those powers necessary for the State to qualify for
29 rail assistance funds pursuant to the provisions of the
30 federal Regional Rail Reorganization Act of 1973, the
31 Railroad Revitalization and Regulatory Reform Act of 1976, as
32 amended, or other relevant federal or State legislation,
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1 including but not limited to authority to do the following:
2 (1) to Establish a State plan for rail transportation
3 and local rail services, including projects funded under
4 Section 105-435. 49.25g-1;
5 (2) to Administer and coordinate the State plan.;
6 (3) to Provide in the plan for the equitable
7 distribution of federal rail assistance funds among State,
8 local, and regional transportation authorities.;
9 (4) to Develop or assist the development of local or
10 regional rail plans.;
11 (5) to Promote, supervise, and support safe, adequate,
12 and efficient rail services in accordance with the provisions
13 and limitations of Public this amendatory Act 79-834.;
14 (6) to Employ sufficient trained and qualified personnel
15 for these purposes.;
16 (7) to Maintain, in accordance with the provisions and
17 limitations of Public this amendatory Act 79-834, adequate
18 programs of investigation, research, promotion, and
19 development in connection with these such purposes and to
20 provide for public hearings.;
21 (8) to Provide satisfactory assurances on behalf of the
22 State that such fiscal control and fund accounting procedures
23 will be adopted by the State that as may be necessary to
24 ensure assure proper disbursement of and account for federal
25 funds paid to the State as rail assistance.;
26 (9) to Comply with the regulations of the Secretary of
27 Transportation of the United States Department of
28 Transportation affecting federal rail assistance funds.;
29 (10) to Review all impending rail abandonments and to
30 provide its recommendations on those abandonments thereon to
31 the Interstate Commerce Commission.
32 (Source: P.A. 84-111; 84-292.)
33 (20 ILCS 2705/105-405 new)
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1 (was 20 ILCS 2705/49.25b) (from Ch. 127, par. 49.25b)
2 Sec. 105-405. Preparation of State Rail Plan. 49.25b. In
3 preparation of the State Rail Plan under Section 105-400
4 49.25a, the Department shall consult with recognized railroad
5 labor organizations, the Department of Commerce and Community
6 Affairs, railroad management, affected units of local
7 government, affected State agencies, and affected shipping
8 interests.
9 (Source: P.A. 84-111; 84-292.)
10 (20 ILCS 2705/105-410 new)
11 (was 20 ILCS 2705/49.25c) (from Ch. 127, par. 49.25c)
12 Sec. 105-410. 49.25c. Access to information. The
13 Secretary of the Department may authorize any of the
14 Department's its officers, employees, or agents to enter
15 upon, inspect, and examine, at reasonable times and in a
16 reasonable manner, the books, documents, records, equipment,
17 and property of and to request information kept in the
18 ordinary course of business from any railroad to the extent
19 necessary to carry out the powers enumerated in Sections
20 105-400 49.25a through 105-445 49.25i. Railroads operating
21 within the State shall provide access to those such books,
22 documents, records, equipment, and property and shall provide
23 the such information kept in the ordinary course of business
24 that as the Department may request. Should any railroad fail
25 or refuse to provide that such access or information, the
26 Secretary of the Department is hereby granted subpoena power
27 to obtain that such access and to require the production of
28 that such information. The Department shall pay the
29 reasonable costs associated with providing any such
30 information that which is not otherwise already required by
31 law. Any officer, employee, or agent of the Department
32 exercising the powers granted by this Section shall, upon
33 request, display proper credentials. The Department shall
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1 exercise all necessary caution to avoid disclosure of
2 confidential information supplied under this Section.
3 (Source: P.A. 80-32.)
4 (20 ILCS 2705/105-415 new)
5 (was 20 ILCS 2705/49.25d) (from Ch. 127, par. 49.25d)
6 Sec. 105-415. State Rail Plan; responsibilities of other
7 agencies. 49.25d. The State Rail Plan, in its provisions
8 concerning requiring supervision of safety aspects and other
9 railroad matters, shall not abrogate the present statutory
10 responsibilities of the Illinois Commerce Commission and
11 shall meet the requirements of the "Federal Railroad Safety
12 Act of 1970", as amended. Nothing herein shall provide for
13 or effect the transfer of responsibilities between State
14 agencies.
15 (Source: P.A. 79-834.)
16 (20 ILCS 2705/105-420 new)
17 (was 20 ILCS 2705/49.25e) (from Ch. 127, par. 49.25e)
18 Sec. 105-420. Copies of State Rail Plan; report. 49.25e.
19 The Department shall provide copies of the State Rail Plan to
20 the President of the Senate, the Senate Minority Leader, the
21 Speaker of the House, and the House Minority Leader prior to
22 submitting the Plan to the federal government. The
23 Department shall also so provide, by October 15, 1975, a
24 report including its findings concerning the extent, nature,
25 and proposed use of federal aid available and its
26 recommendations concerning the source and extent of
27 non-federal assistance, both during the period in which
28 federal assistance is available and thereafter.
29 (Source: P.A. 79-834.)
30 (20 ILCS 2705/105-425 new)
31 (was 20 ILCS 2705/49.25f) (from Ch. 127, par. 49.25f)
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1 Sec. 105-425. Rail freight services assistance; loans;
2 Rail Freight Loan Repayment Fund. 49.25f. No funds available
3 for operating or capital assistance under Section 5 of the
4 United States Department of Transportation Act, as amended,
5 for rail freight services in Illinois may be expended without
6 specific appropriation of those funds thereof.
7 Reimbursements for those loans that which financially
8 responsible persons are required by agreement to repay shall
9 be deposited in the State treasury as follows: (1) the
10 State's share shall be deposited in the fund from which the
11 original expenditure was made, and (2) the federal share
12 shall be deposited in the Rail Freight Loan Repayment Fund.
13 In the case of repaid funds deposited in the Rail Freight
14 Loan Repayment Fund, the Department shall have the reuse of
15 those funds and the interest accrued thereon, which shall
16 also be deposited by the State Treasurer in that such Fund,
17 as the federal share in other eligible projects. However, no
18 expenditures from the Rail Freight Loan Repayment Fund for
19 those such projects shall at any time exceed the total sum of
20 funds repaid and deposited in the Rail Freight Loan Repayment
21 Fund and interest earned by investment by the State Treasurer
22 that which the State Treasurer shall have deposited in that
23 fund.
24 (Source: P.A. 83-1301.)
25 (20 ILCS 2705/105-430 new)
26 (was 20 ILCS 2705/49.25g) (from Ch. 127, par. 49.25g)
27 Sec. 105-430. 49.25g. Railroad freight service
28 assistance; lines designated for discontinuation of service
29 or subject to abandonment. The Department shall enter into
30 such agreements with any railroad as necessary to provide
31 assistance for continuous freight service on lines of
32 railroads within Illinois designated for discontinuation of
33 service by the United States Railway Association Final System
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1 Plan and not conveyed to a railroad company other than
2 Consolidated Rail Corporation. The Department may enter into
3 such agreements with any railroad as necessary to provide
4 assistance for continuous rail freight service on lines of
5 railroads within Illinois subject to an abandonment
6 proceeding in the Interstate Commerce Commission or
7 classified as potentially subject to abandonment pursuant to
8 Sections 10903 through 10905 of Title 49 of the United States
9 Code or upon which a certificate of discontinuance or
10 abandonment has been issued. The Department shall make rail
11 continuation subsidy payments pursuant to the such
12 agreements. The Such agreements shall provide for a minimum
13 level of service at least equivalent to that provided in
14 calendar year 1975. The Such agreements shall conform to
15 relevant federal law. The Department shall determine that
16 all payments under this Section are eligible for federal
17 share reimbursement.
18 Any nonfederal share of the assistance provided under
19 this Section shall be provided by the Department. The State
20 share may include funds, grants, gifts, or donations from the
21 federal government, any local public body, or any person.
22 Reimbursements shall be deposited in the State fund from
23 which the assistance was paid.
24 The Department shall provide technical assistance to any
25 local public body or rail user to ensure insure that rail
26 freight services under these agreements are, to the extent
27 possible, adequate to the needs of Illinois citizens.
28 The Department shall review the effects of the rail
29 freight service assistance provided under this Section and
30 shall report the results of its review to the General
31 Assembly each year not later than March 15, reporting
32 particularly on the service provided through the such
33 assistance, the utilization of rail freight service by
34 shippers, and the cost effectiveness of this rail freight
-405- LRB9000008DJcc
1 service assistance program in relation to the economy of this
2 State.
3 The requirement for reporting to the General Assembly
4 shall be satisfied by filing copies of the report with the
5 Speaker, the Minority Leader, and the Clerk of the House of
6 Representatives and the President, the Minority Leader, and
7 the Secretary of the Senate and the Legislative Research
8 Unit, as required by Section 3.1 of "An Act to revise the law
9 in relation to the General Assembly Organization Act",
10 approved February 25, 1874, as amended, and by filing such
11 additional copies with the State Government Report
12 Distribution Center for the General Assembly as is required
13 under paragraph (t) of Section 7 of the State Library Act.
14 For the purpose of promoting efficient rail freight
15 service, the Department shall have the power to either grant
16 or loan funds to any railroad or unit of local government in
17 the State to maintain, improve, and construct rail
18 facilities. The Department shall also have the power to grant
19 or loan funds to any rail users located on an abandoned line,
20 unit of local government, or an owner or lessee of an
21 abandoned railroad right-of-way to undertake substitute
22 service projects that which reduce the social, economic, and
23 environmental costs associated with the loss of a particular
24 rail freight service in a manner less expensive than
25 continuing that rail freight service. To facilitate the
26 continuation of rail freight services, the Department shall
27 have the power to purchase railroad materials and supplies.
28 (Source: P.A. 84-1438.)
29 (20 ILCS 2705/105-435 new)
30 (was 20 ILCS 2705/49.25g-1) (from Ch. 127, par. 49.25g-1)
31 Sec. 105-435. Loans, grants, or contracts to
32 rehabilitate, improve, or construct rail facilities; State
33 Rail Freight Loan Repayment Fund. 49.25g-1. In addition to
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1 the powers under Section 105-430 49.25g, the Department shall
2 have the power to enter into agreements to loan or grant
3 State funds to any railroad, unit of local government, rail
4 user, or owner or lessee of a railroad right of way to
5 rehabilitate, improve, or construct rail facilities.
6 For each project proposed for funding under this Section
7 the Department shall, to the extent possible, give preference
8 to cost effective projects that which facilitate continuation
9 of existing rail freight service. In the exercise of its
10 powers under this Section, the Department shall coordinate
11 its program with the industrial retention and attraction
12 programs of the Department of Commerce and Community Affairs.
13 No funds provided under this Section shall be expended for
14 the acquisition of a right of way or rolling stock or for
15 operating subsidies. The costs of a project funded under
16 this Section shall be apportioned in accordance with the
17 agreement of the parties for the project. Projects are
18 eligible for a loan or grant under this Section only when the
19 Department determines that the transportation, economic, and
20 public benefits associated with a project are greater than
21 the capital costs of that project incurred by all parties to
22 the agreement and that the such project would not have
23 occurred without its participation. In addition, a project
24 to be eligible for assistance under this Section must be
25 included in a State plan for rail transportation and local
26 rail service prepared by the Department. The Department may
27 also expend State funds for professional engineering services
28 to conduct feasibility studies of projects proposed for
29 funding under this Section, to estimate the costs and
30 material requirements for those such projects, to provide for
31 the design of those such projects, including plans and
32 specifications, and to conduct investigations to ensure
33 compliance with the project agreements.
34 The Department, acting through the Department of Central
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1 Management Services, shall also have the power to let
2 contracts for the purchase of railroad materials and
3 supplies. The Department shall also have the power to let
4 contracts for the rehabilitation, improvement, or
5 construction of rail facilities. Any such contract shall be
6 let, after due public advertisement, to the lowest
7 responsible bidder or bidders, upon terms and conditions to
8 be fixed by the Department. With regard to rehabilitation,
9 improvement, or construction contracts, the Department shall
10 also require the successful bidder or bidders to furnish good
11 and sufficient bonds to ensure proper and prompt completion
12 of the such work in accordance with the provisions of the
13 such contracts.
14 In the case of an agreement under which State funds are
15 loaned under this Section, the agreement shall provide the
16 terms and conditions of repayment. The agreement shall
17 provide for the such security that as the Department shall
18 determine to protect the State's interest. The funds may be
19 loaned with or without interest. Loaned funds that which are
20 repaid to the Department shall be deposited in a special fund
21 in the State treasury to be known as the "State Rail Freight
22 Loan Repayment Fund". In the case of repaid funds deposited
23 in the State Rail Freight Loan Repayment Fund, the Department
24 shall, subject to appropriation, have the reuse of those
25 funds and the interest accrued thereon, which shall also be
26 deposited by the State Treasurer in the such Fund, as the
27 State share in other eligible projects under this Section.
28 However, no expenditures from the State Rail Freight Loan
29 Repayment Fund for those such projects shall at any time
30 exceed the total sum of funds repaid and deposited in the
31 State Rail Freight Loan Repayment Fund and interest earned by
32 investment by the State Treasurer which the State Treasurer
33 shall have deposited in that Fund.
34 For the purposes of promoting efficient rail freight
-408- LRB9000008DJcc
1 service, the Department may also provide technical assistance
2 to railroads, units of local government or rail users, or
3 owners or lessees of railroad rights-of-way.
4 The Department shall take whatever actions are necessary
5 or appropriate to protect the State's interest in the event
6 of bankruptcy, default, foreclosure, or noncompliance with
7 the terms and conditions of financial assistance or
8 participation provided hereunder, including the power to
9 sell, dispose, lease, or rent, upon terms and conditions
10 determined by the Secretary to be appropriate, real or
11 personal property that which the Department may receive as a
12 result thereof.
13 The Department is authorized to make reasonable rules and
14 regulations consistent with law necessary to carry out the
15 provisions of this Section.
16 (Source: P.A. 85-1033.)
17 (20 ILCS 2705/105-440 new)
18 (was 20 ILCS 2705/49.25h) (from Ch. 127, par. 49.25h)
19 Sec. 105-440. 49.25h. Intercity Rail Service.
20 (a) For the purposes of providing intercity railroad
21 passenger service within this State (or as part of service to
22 cities in adjacent states), the Department is authorized to
23 enter into agreements with units of local government, the
24 Commuter Rail Division of the Regional Transportation
25 Authority (or a public corporation on behalf of that
26 Division), architecture or engineering firms, the National
27 Railroad Passenger Corporation, any carrier, any adjacent
28 state (or political subdivision, corporation, or agency of an
29 adjacent state), or any individual, corporation, partnership,
30 or public or private entity. The cost related to such
31 services shall be borne in such proportion as, by agreement
32 or contract the parties may desire.
33 (b) In providing any intercity railroad passenger
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1 service as provided in this Section, the Department shall
2 have the following additional powers:
3 (1) to enter into trackage use agreements with rail
4 carriers;
5 (2) to enter into haulage agreements with rail
6 carriers;
7 (3) to lease or otherwise contract for use,
8 maintenance, servicing, and repair of any needed
9 locomotives, rolling stock, stations, or other
10 facilities, the lease or contract having a term not to
11 exceed 7 years (but any multi-year contract shall recite
12 that the contract is subject to termination and
13 cancellation, without any penalty, acceleration payment,
14 or other recoupment mechanism, in any fiscal year for
15 which the General Assembly fails to make an adequate
16 appropriation to cover the contract obligation);
17 (4) to enter into management agreements;
18 (5) to include in any contract indemnification of
19 carriers or other parties for any liability with regard
20 to intercity railroad passenger service;
21 (6) to obtain insurance for any losses or claims
22 with respect to the service;
23 (7) to promote the use of the service;
24 (8) to make grants to any body politic and
25 corporate, any unit of local government, or the Commuter
26 Rail Division of the Regional Transportation Authority to
27 cover all or any part of any capital or operating costs
28 of the service and to enter into agreements with respect
29 to those grants;
30 (9) to set any fares or make other regulations with
31 respect to the service, consistent with any contracts
32 for the service; and
33 (10) to otherwise enter into any contracts
34 necessary or convenient to provide the service.
-410- LRB9000008DJcc
1 (c) All service provided under this Section shall be
2 exempt from all regulations by the Illinois Commerce
3 Commission (other than for safety matters). To the extent the
4 service is provided by the Commuter Rail Division of the
5 Regional Transportation Authority (or a public corporation on
6 behalf of that Division), it shall be exempt from safety
7 regulations of the Illinois Commerce Commission to the extent
8 the Commuter Rail Division adopts its own safety regulations.
9 (d) In connection with any powers exercised under this
10 Section, the Department:
11 (1) shall not have the power of eminent domain; and
12 (2) shall not itself become the owner of railroad
13 locomotives or other rolling stock, or directly operate
14 any railroad service with its own employees.
15 (e) Any contract with the Commuter Rail Division of the
16 Regional Transportation Authority (or a public corporation on
17 behalf of the Division) under this Section shall provide that
18 all costs in excess of revenue received by the Division
19 generated from intercity rail service provided by the
20 Division shall be fully borne by the Department, and no funds
21 for operation of commuter rail service shall be used,
22 directly or indirectly, or for any period of time, to
23 subsidize the intercity rail operation. If at any time the
24 Division does not have sufficient funds available to satisfy
25 the requirements of this Section, the Division shall
26 forthwith terminate the operation of intercity rail service.
27 The payments made by the Department to the Division for the
28 intercity rail passenger service shall not be made in excess
29 of those costs or as a subsidy for costs of commuter rail
30 operations. This shall not prevent the contract from
31 providing for efficient coordination of service and
32 facilities to promote cost effective operations of both
33 intercity rail passenger service and commuter rail services
34 with cost allocations as provided in this paragraph.
-411- LRB9000008DJcc
1 (Source: P.A. 89-710, eff. 2-14-97.)
2 (20 ILCS 2705/105-445 new)
3 (was 20 ILCS 2705/49.25i) (from Ch. 127, par. 49.25i)
4 Sec. 105-445. Validation of prior agreements and
5 contracts. 49.25i. Any agreement or contract for the
6 purposes of Section 105-440 that 49.25h which was entered
7 into prior to June 16, 1976 (the effective date of Public
8 this amendatory Act 79-1213) of 1976 is hereby validated and
9 continued in full force and effect.
10 (Source: P.A. 79-1213.)
11 (20 ILCS 2705/105-450 new)
12 (was 20 ILCS 2705/49.25h-1) (from Ch. 127, par. 49.25h-1)
13 Sec. 105-450. 49.25h-1. High-speed rail and magnetic
14 levitation transportation development. The Department is
15 authorized to enter into agreements with any public or
16 private entity for the purpose of promoting and developing
17 high-speed rail and magnetic levitation transportation within
18 this State. The cost related to the service shall be borne in
19 a proportion that as the parties may determine by agreement
20 or contract.
21 (Source: P.A. 87-829.)
22 (20 ILCS 2705/105-455 new)
23 (was 20 ILCS 2705/49.32) (from Ch. 127, par. 49.32)
24 Sec. 105-455. 49.32. Railway service studies. (a) The
25 Department shall conduct a study to evaluate potential
26 ridership, cost, and cost recovery for rail passenger service
27 between Chicago and St. Louis via Illinois Central and
28 Norfolk and Western rail lines through Kankakee,
29 Champaign-Urbana, Decatur, and Springfield and submit a
30 report of its findings to the General Assembly by January 9,
31 1992. This study shall include the feasibility of a train
-412- LRB9000008DJcc
1 route from Champaign-Urbana that arrives in Chicago before
2 9:00 a.m. each business day.
3 (Source: P.A. 87-451.)
4 (20 ILCS 2705/105-500 new)
5 (was 20 ILCS 2705/49.29) (from Ch. 127, par. 49.29)
6 Sec. 105-500. Scenic route connecting Mississippi and
7 Ohio Rivers. 49.29. The Department shall prepare or have
8 prepared maps, surveys, or plans, shall conduct studies, and
9 shall consult with the Department of Natural Resources for
10 the purpose of proposing a route connecting the Mississippi
11 and Ohio Rivers through the Shawnee National Forest, to be
12 designated as a scenic route. The proposed route shall
13 consist of existing roads to the greatest extent possible,
14 but the proposal may call for any improvements consistent
15 with federal law that the Department deems necessary or
16 desirable. The Department shall submit its proposal, along
17 with any other supporting information it deems appropriate,
18 to the Governor and the General Assembly no later than March
19 1, 1986.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (20 ILCS 2705/105-505 new)
22 (was 20 ILCS 2705/49.30) (from Ch. 127, par. 49.30)
23 Sec. 105-505. Freeway signs indicating travel-related
24 facilities. 49.30. The Department shall, where economically
25 feasible and safe, install along various interstate highways
26 and other freeways with full control of access, except those
27 that which are toll highways, signs to alert motorists of the
28 travel-related facilities available in communities served by
29 upcoming interstate exits. The Department shall have the
30 authority to sell or lease space on the such signs to the
31 owners or operators of the facilities and to promulgate rules
32 and regulations for the leasing or purchasing of space.
-413- LRB9000008DJcc
1 (Source: P.A. 86-1340.)
2 (20 ILCS 2705/105-510 new)
3 (was 20 ILCS 2705/49.15a) (from Ch. 127, par. 49.15a)
4 Sec. 105-510. Use of prisoners for highway cleanup. The
5 Department has the power 49.15a. to request, from the
6 Department of Corrections, the use of prisoners in a program
7 as provided in paragraph (f) of Section 3-2-2 of the Unified
8 Code of Corrections Correction, as amended, for the cleaning
9 of trash and garbage from the highways of this State.
10 (Source: P.A. 81-214.)
11 (20 ILCS 2705/105-550 new)
12 (was 20 ILCS 2705/49.12) (from Ch. 127, par. 49.12)
13 Sec. 105-550. Transfer of realty to other State agency;
14 acquisition of federal lands. The Department has the power
15 49.12. to transfer jurisdiction of any realty under the
16 control of the Department to any other department of the
17 State government, or to any authority, commission, or other
18 agency of the State, or to acquire or accept federal lands,
19 when the such transfer, acquisition, or acceptance is
20 advantageous to the State and is approved in writing by the
21 Governor.
22 (Source: Laws 1955, p. 1196.)
23 (20 ILCS 2705/105-555 new)
24 (was 20 ILCS 2705/49.13) (from Ch. 127, par. 49.13)
25 Sec. 105-555. Lease of land or property. The Department
26 has the power 49.13. from time to time to lease any land or
27 property, with or without appurtenances, of which the
28 Department has jurisdiction, and that is which are not
29 immediately to be used or developed by the State; provided
30 that no such lease be for a longer period of time than that
31 in which it can reasonably be expected the State will not
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1 have use for the such property, and further provided that no
2 such lease be for a longer period of time than 5 years.
3 (Source: Laws 1953, p. 1443.)
4 (20 ILCS 2705/105-575 new)
5 (was 20 ILCS 2705/49.28) (from Ch. 127, par. 49.28)
6 Sec. 105-575. Sale of used vehicles. 49.28. Whenever the
7 Department of Transportation shall replace any used vehicle,
8 it shall notify and give units of local government in this
9 State and the Department of Natural Resources the first
10 opportunity to purchase the such vehicle. The Department
11 shall be required to notify only the Department of Natural
12 Resources and those units of local government that which have
13 previously requested the such notification. Any proceeds
14 from the sale of the such vehicles to units of local
15 government shall be deposited in the Road Fund. The term
16 "vehicle" as used in this Section herein is defined to
17 include passenger automobiles, light duty trucks, heavy duty
18 trucks, and other self-propelled motorized equipment (in
19 excess of 25 horse-power) and attachments.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (110 ILCS 355/Art. 150 heading new)
22 ARTICLE 150. UNIVERSITY OF ILLINOIS
23 (110 ILCS 355/150-1 new)
24 Sec. 150-1. Article short title. This Article 150 of the
25 Civil Administrative Code of Illinois may be cited as the
26 University of Illinois Exercise of Functions and Duties Law.
27 (110 ILCS 355/150-5 new)
28 (was 110 ILCS 355/62) (from Ch. 127, par. 62)
29 Sec. 150-5. Functions and duties to be exercised at
30 University. 62. Unless otherwise provided by law, the
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1 functions and duties formerly exercised by the State
2 entomologist, the State laboratory of natural history, the
3 State water survey, and the State geological survey and
4 vested in the Illinois Department of Natural Resources, and
5 the functions and duties of the Hazardous Waste Research and
6 Information Center and its Hazardous Materials Laboratory as
7 authorized by the Hazardous Waste Technology Exchange Service
8 Act, approved September 16, 1984, as now or hereafter
9 amended, shall continue to be exercised at the University of
10 Illinois in buildings and places provided by the trustees of
11 the University thereof.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (15 ILCS 20/Art. 200 heading new)
14 ARTICLE 200. STATE BUDGET
15 (15 ILCS 20/200-1 new)
16 Sec. 200-1. Article short title. This Article 200 of the
17 Civil Administrative Code of Illinois may be cited as the
18 State Budget Law.
19 (15 ILCS 20/200-5 new)
20 (was 15 ILCS 20/38) (from Ch. 127, par. 38)
21 Sec. 200-5. Governor to submit State budget. 38. The
22 Governor shall, as soon as possible and not later than April
23 7, 1992, and the first Wednesday in March of each year
24 through 1997, and on the third Wednesday in February of each
25 year beginning in 1998, submit a State budget, embracing
26 therein the amounts recommended by the Governor him to be
27 appropriated to the respective departments, offices, and
28 institutions, and for all other public purposes, the
29 estimated revenues from taxation, the estimated revenues from
30 sources other than taxation, and an estimate of the amount
31 required to be raised by taxation. The amounts recommended
-416- LRB9000008DJcc
1 by the Governor for appropriation to the respective
2 departments, offices and institutions shall be formulated
3 according to the various functions and activities for which
4 the respective department, office or institution of the State
5 government (including the elective officers in the executive
6 department and including the University of Illinois and the
7 judicial department) is responsible. The amounts relating to
8 particular functions and activities shall be further
9 formulated in accordance with the object classification
10 specified in Section 13 of the State Finance Act.
11 (Source: P.A. 89-699, eff. 1-16-97.)
12 (15 ILCS 20/200-10 new)
13 (was 15 ILCS 20/38.1) (from Ch. 127, par. 38.1)
14 Sec. 200-10. Budget contents. 38.1. The budget shall be
15 submitted by the Governor with line item and program data.
16 The budget shall also contain performance data presenting an
17 estimate for the current fiscal year, projections for the
18 budget year, and information for the 3 prior fiscal years
19 comparing department objectives with actual accomplishments,
20 formulated according to the various functions and activities,
21 and, wherever the nature of the work admits, according to the
22 work units, for which the respective departments, offices,
23 and institutions of the State government (including the
24 elective officers in the executive department and including
25 the University of Illinois and the judicial department) are
26 responsible.
27 For the fiscal year beginning July 1, 1992 and for each
28 fiscal year thereafter, the budget shall include the
29 performance measures of each department's accountability
30 report.
31 For the fiscal year beginning July 1, 1997 and for each
32 fiscal year thereafter, the budget shall include one or more
33 line items appropriating moneys to the Department of Human
-417- LRB9000008DJcc
1 Services to fund participation in the Home-Based Support
2 Services Program for Mentally Disabled Adults under the
3 Developmental Disability and Mental Disability Services Act
4 by persons described in Section 2-17 of that Act.
5 The budget shall contain a capital development Section in
6 which the Governor will present (1) information on the
7 capital projects and capital programs for which
8 appropriations are requested, and (2) the capital spending
9 plans, which shall document the first and subsequent years
10 cash requirements by fund for the proposed bonded program,
11 and (3) a statement that which shall identify by year the
12 principal and interest costs until retirement of the State's
13 general obligation debt. In addition, the principal and
14 interest costs of the budget year program shall be presented
15 separately, to indicate the marginal cost of principal and
16 interest payments necessary to retire the additional bonds
17 needed to finance the budget year's capital program.
18 For the budget year, the current year, and 3 three prior
19 fiscal years, the Governor shall also include in the budget
20 estimates of or actual values for the assets and liabilities
21 for General Assembly Retirement System, State Employees'
22 Retirement System of Illinois, State Universities Retirement
23 System, Teachers' Retirement System of the State of Illinois,
24 and Judges Retirement System of Illinois.
25 The budget submitted by the Governor shall contain, in
26 addition, in a separate book, a tabulation of all position
27 and employment titles in each such department, office, and
28 institution, the number of each, and the salaries for each,
29 formulated according to divisions, bureaus, sections,
30 offices, departments, boards, and similar subdivisions, which
31 shall correspond as nearly as practicable to the functions
32 and activities for which the department, office, or
33 institution is responsible.
34 Together with the such budget, the Governor shall
-418- LRB9000008DJcc
1 transmit the estimates of receipts and expenditures, as
2 received by the director of the Bureau of the Budget, of the
3 elective officers in the executive and judicial departments
4 and of the University of Illinois.
5 (Source: P.A. 89-425, eff. 6-1-96; 89-507, eff. 7-1-97.)
6 (15 ILCS 20/200-15 new)
7 (was 15 ILCS 20/38.2) (from Ch. 127, par. 38.2)
8 Sec. 200-15. Department accountability reports; Budget
9 Advisory Panel. 38.2.
10 (a) Beginning in the fiscal year which begins July 1,
11 1992, each department of State government as listed in
12 Section 5-15 3 of the Departments of State Government Law (20
13 ILCS 5/5-15) this Code shall submit an annual accountability
14 report to the Bureau of the Budget at times designated by the
15 Director of the Bureau of the Budget. Each accountability
16 report shall be designed to assist the Bureau of the Budget
17 in its duties under Sections 2.2 and 2.3 of the "An Act to
18 create a Bureau of the Budget Act and to define its powers
19 and duties and to make an appropriation", approved April 16,
20 1969, as now or hereafter amended, and shall measure the
21 department's performance based on criteria, goals, and
22 objectives established by the department with the oversight
23 and assistance of the Bureau of the Budget. Each department
24 shall also submit interim progress reports at times
25 designated by the Director of the Bureau of the Budget.
26 (b) There is created a Budget Advisory Panel, consisting
27 of 10 representatives of private business and industry
28 appointed 2 each by the Governor, the President of the
29 Senate, the and Minority Leader of the Senate, the and
30 Speaker of the House of Representatives, and the Minority
31 Leader of the House of Representatives. The Budget Advisory
32 Panel shall aid the Bureau of the Budget in the establishment
33 of the criteria, goals, and objectives by the departments for
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1 use in measuring their performance in accountability reports.
2 The Budget Advisory Panel shall also assist the Bureau of the
3 Budget in reviewing accountability reports and assessing the
4 effectiveness of each department's performance measures. The
5 Budget Advisory Panel shall submit to the Bureau of the
6 Budget a report of its activities and recommendations for
7 change in the procedures established in subsection (a) at the
8 time designated by the Director of the Bureau of the Budget,
9 but in any case no later than the third Friday of each
10 November.
11 (c) The Director of the Bureau of the Budget shall
12 select not more than 3 departments for a pilot program
13 implementing the procedures of subsection (a) for budget
14 requests for the fiscal years beginning July 1, 1990 and July
15 1, 1991, and each of the departments elected shall submit
16 accountability reports for those fiscal years.
17 By April 1, 1991, the Bureau of the Budget with the
18 assistance of the Budget Advisory Panel shall recommend in
19 writing to the Governor any changes in the budget review
20 process established pursuant to this Section suggested by its
21 evaluation of the pilot program. The Governor shall submit
22 changes to the budget review process that the Governor he
23 plans to adopt, based on the report, to the President and
24 Minority Leader of the Senate and the Speaker and Minority
25 Leader of the House of Representatives.
26 (Source: P.A. 86-1027.)
27 (15 ILCS 20/200-20 new)
28 (was 15 ILCS 20/38.3)
29 Sec. 200-20. 38.3. Responsible Education Funding Law.
30 (a) The Governor shall submit to the General Assembly a
31 proposed budget for elementary and secondary education in
32 which total General Revenue Fund appropriations are no less
33 than the total General Revenue Fund appropriations of the
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1 previous fiscal year. In addition, the Governor shall
2 specify the total amount of funds to be transferred from the
3 General Revenue Fund to the Common School Fund during the
4 budget year, which shall be no less than the total amount
5 transferred during the previous fiscal year. The Governor
6 may submit a proposed budget in which the total appropriated
7 and transferred amounts are less than the previous fiscal
8 year if the Governor declares in writing to the General
9 Assembly the reason for the lesser amounts.
10 (b) The General Assembly shall appropriate amounts for
11 elementary and secondary education from the General Revenue
12 Fund for each fiscal year so that the total General Revenue
13 Fund appropriation is no less than the total General Revenue
14 Fund appropriation for elementary and secondary education for
15 the previous fiscal year. In addition, the General Assembly
16 shall legislatively transfer from the General Revenue Fund to
17 the Common School Fund for the such fiscal year a total
18 amount that is no less than the total amount transferred for
19 the previous fiscal year. The General Assembly may
20 appropriate or transfer lesser amounts if it declares by
21 Joint Resolution the reason for the lesser amounts.
22 (c) This Section may be cited as the Responsible
23 Education Funding Law.
24 (Source: P.A. 88-660, eff. 9-16-94.)
25 (5 ILCS 620/Art. 205 heading new)
26 ARTICLE 205. STATE FAIR GROUNDS
27 (5 ILCS 620/205-1 new)
28 Sec. 205-1. Article short title. This Article 205 of the
29 Civil Administrative Code of Illinois may be cited as the
30 State Fair Grounds Title Law.
31 (5 ILCS 620/205-5 new)
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1 (was 5 ILCS 620/42) (from Ch. 127, par. 42)
2 Sec. 205-5. Title to State fair grounds. 42. The people
3 of the State of Illinois shall succeed to all the right,
4 title, and interest of the State Board of Agriculture in and
5 to the State fair grounds, and to all lands, buildings,
6 money, unexpended appropriations, or other property connected
7 with the State fair grounds therewith.
8 (Source: Laws 1917, p. 2.)
9 Section 5-105. The Employee Rights Violation Act is
10 amended by changing Section 2 as follows:
11 (5 ILCS 285/2) (from Ch. 127, par. 63b100-2)
12 Sec. 2. For the purposes of this Act, the terms used
13 herein shall have the meanings ascribed to them in this
14 Section:
15 (a) "Policy making officer" means: (i) an employee of a
16 State agency who is engaged predominantly in executive and
17 management functions and is charged with the responsibility
18 of directing the effectuation of such management policies and
19 practices; or (ii) an employee of a State agency whose
20 principal work is substantially different from that of his
21 subordinates and who has authority in the interest of the
22 State agency to hire, transfer, suspend, lay off, recall,
23 promote, discharge, direct, reward, or discipline employees,
24 or to adjust their grievances, or to effectively recommend
25 such action, if the exercise of such authority is not of a
26 merely routine or clerical nature, but requires the
27 consistent use of independent judgment; or (iii) a Director,
28 Assistant Director or Deputy Director of a State agency;
29 (b) "State agency" means the Departments of the
30 Executive Branch of State government listed in Section 5-15 3
31 of the Departments of State Government Law (20 ILCS 5/5-15)
32 Civil Administrative Code of Illinois, as amended;
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1 (c) "Director" includes the Secretary of Transportation.
2 (Source: P.A. 85-1436.)
3 Section 5-110. The Gender Balanced Appointments Act is
4 amended by changing Section 2 as follows:
5 (5 ILCS 310/2) (from Ch. 127, par. 4302)
6 Sec. 2. All appointments to boards, commissions,
7 committees and councils of the State created by the laws of
8 this State and after the effective date of this Act shall be
9 gender balanced to the extent possible and to the extent that
10 appointees are qualified to serve on those boards,
11 commissions, committees and councils. If gender balance is
12 not possible, then appointments shall provide for significant
13 representation of both sexes to boards, commissions,
14 committees and councils governed by this Act and Section
15 5-510 8.1 of the Departments of State Government Law (20 ILCS
16 5/5-510) Civil Administrative Code of Illinois. If there are
17 multiple appointing authorities for a board, commission,
18 committee, or council, they shall each strive to achieve
19 gender balance in their appointments.
20 Appointments made in accordance with this Act should be
21 made in a manner that makes a good faith attempt to seek
22 gender balance based on the numbers of each gender belonging
23 to the group from which appointments are made.
24 (Source: P.A. 87-797.)
25 Section 5-115. The Election Code is amended by changing
26 Section 1A-8 as follows:
27 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
28 Sec. 1A-8. The State Board of Elections shall exercise
29 the following powers and perform the following duties in
30 addition to any powers or duties otherwise provided for by
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1 law:
2 (1) Assume all duties and responsibilities of the State
3 Electoral Board and the Secretary of State as heretofore
4 provided in this Act;
5 (2) Disseminate information to and consult with election
6 authorities concerning the conduct of elections and
7 registration in accordance with the laws of this State and
8 the laws of the United States;
9 (3) Furnish to each election authority prior to each
10 primary and general election and any other election it deems
11 necessary, a manual of uniform instructions consistent with
12 the provisions of this Act which shall be used by election
13 authorities in the preparation of the official manual of
14 instruction to be used by the judges of election in any such
15 election. In preparing such manual, the State Board shall
16 consult with representatives of the election authorities
17 throughout the State. The State Board may provide separate
18 portions of the uniform instructions applicable to different
19 election jurisdictions which administer elections under
20 different options provided by law. The State Board may by
21 regulation require particular portions of the uniform
22 instructions to be included in any official manual of
23 instructions published by election authorities. Any manual of
24 instructions published by any election authority shall be
25 identical with the manual of uniform instructions issued by
26 the Board, but may be adapted by the election authority to
27 accommodate special or unusual local election problems,
28 provided that all manuals published by election authorities
29 must be consistent with the provisions of this Act in all
30 respects and must receive the approval of the State Board of
31 Elections prior to publication; provided further that if the
32 State Board does not approve or disapprove of a proposed
33 manual within 60 days of its submission, the manual shall be
34 deemed approved.
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1 (4) Prescribe and require the use of such uniform forms,
2 notices, and other supplies not inconsistent with the
3 provisions of this Act as it shall deem advisable which shall
4 be used by election authorities in the conduct of elections
5 and registrations;
6 (5) Prepare and certify the form of ballot for any
7 proposed amendment to the Constitution of the State of
8 Illinois, or any referendum to be submitted to the electors
9 throughout the State or, when required to do so by law, to
10 the voters of any area or unit of local government of the
11 State;
12 (6) Require such statistical reports regarding the
13 conduct of elections and registration from election
14 authorities as may be deemed necessary;
15 (7) Review and inspect procedures and records relating
16 to conduct of elections and registration as may be deemed
17 necessary, and to report violations of election laws to the
18 appropriate State's Attorney;
19 (8) Recommend to the General Assembly legislation to
20 improve the administration of elections and registration;
21 (9) Adopt, amend or rescind rules and regulations in the
22 performance of its duties provided that all such rules and
23 regulations must be consistent with the provisions of this
24 Article 1A or issued pursuant to authority otherwise provided
25 by law;
26 (10) Determine the validity and sufficiency of petitions
27 filed under Article XIV, Section 3, of the Constitution of
28 the State of Illinois of 1970;
29 (11) Maintain in its principal office a research library
30 that includes, but is not limited to, abstracts of votes by
31 precinct for general primary elections and general elections,
32 current precinct maps and current precinct poll lists from
33 all election jurisdictions within the State. The research
34 library shall be open to the public during regular business
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1 hours. Such abstracts, maps and lists shall be preserved as
2 permanent records and shall be available for examination and
3 copying at a reasonable cost;
4 (12) Supervise the administration of the registration
5 and election laws throughout the State;
6 (13) Obtain from the Department of Central Management
7 Services, under Section 25-250 35.7a of the Department of
8 Central Management Services Law (20 ILCS 405/25-250) Civil
9 Administrative Code of Illinois, such use of electronic data
10 processing equipment as may be required to perform the duties
11 of the State Board of Elections and to provide
12 election-related information to candidates, public and party
13 officials, interested civic organizations and the general
14 public in a timely and efficient manner; and
15 (14) To take such action as may be necessary or required
16 to give effect to directions of the State central committee
17 of an established political party under Sections 7-8, 7-11
18 and 7-14.1 or such other provisions as may be applicable
19 pertaining to the selection of delegates and alternate
20 delegates to an established political party's national
21 nominating conventions.
22 The Board may by regulation delegate any of its duties or
23 functions under this Article, except that final
24 determinations and orders under this Article shall be issued
25 only by the Board.
26 The requirement for reporting to the General Assembly
27 shall be satisfied by filing copies of the report with the
28 Speaker, the Minority Leader and the Clerk of the House of
29 Representatives and the President, the Minority Leader and
30 the Secretary of the Senate and the Legislative Research
31 Unit, as required by Section 3.1 of "An Act to revise the law
32 in relation to the General Assembly", approved February 25,
33 1874, as amended, and filing such additional copies with the
34 State Government Report Distribution Center for the General
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1 Assembly as is required under paragraph (t) of Section 7 of
2 the State Library Act.
3 (Source: P.A. 86-1089.)
4 Section 5-120. The Secretary of State Act is amended by
5 changing Section 13 as follows:
6 (15 ILCS 305/13) (from Ch. 124, par. 10.3)
7 Sec. 13. Whenever the Secretary of State is authorized
8 or required by law to consider some aspect of criminal
9 history record information for the purpose of carrying out
10 his statutory powers and responsibilities, then, upon request
11 and payment of fees in conformance with the requirements of
12 subsection 22 of Section 100-400 55a of the Department of
13 State Police Law (20 ILCS 2605/100-400) "The Civil
14 Administrative Code of Illinois", the Department of State
15 Police is authorized to furnish, pursuant to positive
16 identification, such information contained in State files as
17 is necessary to fulfill the request.
18 (Source: P.A. 86-610.)
19 Section 5-125. The State Tresurer Act is amended by
20 changing Section 12 as follows:
21 (15 ILCS 505/12) (from Ch. 130, par. 12)
22 Sec. 12. He shall keep regular and fair accounts of all
23 moneys received and paid out by him, stating, particularly,
24 on what account each amount is received or paid out. He may
25 make such corrections and changes in his records as may be
26 necessary pursuant to notices received from the Department of
27 Revenue under Section 95-475 39b32 of the Department of
28 Revenue Law (20 ILCS 2505/95-475) "Civil Administrative Code
29 of Illinois", approved March 7, 1917, as amended.
30 (Source: Laws 1967, p. 4103.)
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1 Section 5-130. The Illinois Act on the Aging is amended
2 by changing Section 5 as follows:
3 (20 ILCS 105/5) (from Ch. 23, par. 6105)
4 Sec. 5. The provisions of Sections 5-625, 5-630, 5-635,
5 5-640, 5-645, 5-650, and 5-655 16, 17, 18, 19, 20, 25 and 26
6 of "the Departments of State Government Law (20 ILCS 5/5-625,
7 5/5-630, 5/5-635, 5/5-640, 5/5-645, 5/5-650, and 5/5-655)
8 Civil Administrative Code of Illinois", approved March 17,
9 1917, as now or hereafter amended, relating to regulations
10 for the conduct of a department, central and branch offices,
11 office hours, a seal, the obtaining and compensation of
12 employees, the annual reports, and cooperation between
13 departments, apply to the Department created by this Act.
14 (Source: P.A. 78-242.)
15 Section 5-135. The Personnel Code is amended by
16 changing Sections 8b.1 and 10 as follows:
17 (20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
18 Sec. 8b.1. For open competitive examinations to test the
19 relative fitness of applicants for the respective positions.
20 Tests shall be designed to eliminate those who are not
21 qualified for entrance into or promotion within the service,
22 and to discover the relative fitness of those who are
23 qualified. The Director may use any one of or any combination
24 of the following examination methods which in his judgment
25 best serves this end: investigation of education;
26 investigation of experience; test of cultural knowledge; test
27 of capacity; test of knowledge; test of manual skill; test of
28 linguistic ability; test of character; test of physical
29 fitness; test of psychological fitness. No person with a
30 record of misdemeanor convictions except those under Sections
31 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
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1 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
2 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8 and
3 sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code
4 of 1961 or arrested for any cause but not convicted thereon
5 shall be disqualified from taking such examinations or
6 subsequent appointment, unless the person is attempting to
7 qualify for a position which would give him the powers of a
8 peace officer, in which case the person's conviction or
9 arrest record may be considered as a factor in determining
10 the person's fitness for the position. The eligibility
11 conditions specified for the position of Assistant Director
12 of Public Aid in the Department of Public Aid in Section
13 5-230 7.08 of "the Departments of State Government Law (20
14 ILCS 5/5-230) Civil Administrative Code of Illinois",
15 approved March 7, 1917, as amended, shall be applied to that
16 position in addition to other standards, tests or criteria
17 established by the Director. All examinations shall be
18 announced publicly at least 2 weeks in advance of the date of
19 the examinations and may be advertised through the press,
20 radio and other media. The Director may, however, in his
21 discretion, continue to receive applications and examine
22 candidates long enough to assure a sufficient number of
23 eligibles to meet the needs of the service and may add the
24 names of successful candidates to existing eligible lists in
25 accordance with their respective ratings.
26 The Director may, in his discretion, accept the results
27 of competitive examinations conducted by any merit system
28 established by federal law or by the law of any State, and
29 may compile eligible lists therefrom or may add the names of
30 successful candidates in examinations conducted by those
31 merit systems to existing eligible lists in accordance with
32 their respective ratings. No person who is a non-resident of
33 the State of Illinois may be appointed from those eligible
34 lists, however, unless the requirement that applicants be
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1 residents of the State of Illinois is waived by the Director
2 of Central Management Services and unless there are less than
3 3 Illinois residents available for appointment from the
4 appropriate eligible list. The results of the examinations
5 conducted by other merit systems may not be used unless they
6 are comparable in difficulty and comprehensiveness to
7 examinations conducted by the Department of Central
8 Management Services for similar positions. Special linguistic
9 options may also be established where deemed appropriate.
10 (Source: P.A. 83-1067.)
11 (20 ILCS 415/10) (from Ch. 127, par. 63b110)
12 Sec. 10. Duties and powers of the Commission. The Civil
13 Service Commission shall have duties and powers as follows:
14 (1) Upon written recommendations by the Director of the
15 Department of Central Management Services to exempt from
16 jurisdiction B of this Act positions which, in the judgment
17 of the Commission, involve either principal administrative
18 responsibility for the determination of policy or principal
19 administrative responsibility for the way in which policies
20 are carried out. This authority may not be exercised,
21 however, with respect to the position of Assistant Director
22 of Public Aid in the Department of Public Aid.
23 (2) To require such special reports from the Director as
24 it may consider desirable.
25 (3) To disapprove original rules or any part thereof
26 within 90 days and any amendment thereof within 30 days after
27 the submission of such rules to the Civil Service Commission
28 by the Director, and to disapprove any amendments thereto in
29 the same manner.
30 (4) To approve or disapprove within 60 days from date of
31 submission the position classification plan submitted by the
32 Director as provided in the rules, and any revisions thereof
33 within 30 days from the date of submission.
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1 (5) To hear appeals of employees who do not accept the
2 allocation of their positions under the position
3 classification plan.
4 (6) To hear and determine written charges filed seeking
5 the discharge, demotion of employees and suspension totaling
6 more than thirty days in any 12-month period, as provided in
7 Section 11 hereof, and appeals from transfers from one
8 geographical area in the State to another, and in connection
9 therewith to administer oaths, subpoena witnesses, and compel
10 the production of books and papers.
11 (7) The fees of subpoenaed witnesses under this Act for
12 attendance and travel shall be the same as fees of witnesses
13 before the circuit courts of the State, such fees to be paid
14 when the witness is excused from further attendance.
15 Whenever a subpoena is issued the Commission may require that
16 the cost of service and the fee of the witness shall be borne
17 by the party at whose insistence the witness is summoned.
18 The Commission has the power, at its discretion, to require a
19 deposit from such party to cover the cost of service and
20 witness fees and the payment of the legal witness fee and
21 mileage to the witness served with the subpoena. A subpoena
22 issued under this Act shall be served in the same manner as a
23 subpoena issued out of a court.
24 Upon the failure or refusal to obey a subpoena, a
25 petition shall be prepared by the party serving the subpoena
26 for enforcement in the circuit court of the county in which
27 the person to whom the subpoena was directed either resides
28 or has his or her principal place of business.
29 Not less than five days before the petition is filed in
30 the appropriate court, it shall be served on the person along
31 with a notice of the time and place the petition is to be
32 presented.
33 Following a hearing on the petition, the circuit court
34 shall have jurisdiction to enforce subpoenas issued pursuant
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1 to this Section.
2 On motion and for good cause shown the Commission may
3 quash or modify any subpoena.
4 (8) To make an annual report regarding the work of the
5 Commission to the Governor, such report to be a public
6 report.
7 (9) If any violation of this Act is found, the
8 Commission shall direct compliance in writing.
9 (10) To appoint a full-time executive secretary and such
10 other employees, experts, and special assistants as may be
11 necessary to carry out the powers and duties of the
12 Commission under this Act and employees, experts, and special
13 assistants so appointed by the Commission shall be subject to
14 the provisions of jurisdictions A, B and C of this Act. These
15 powers and duties supersede any contrary provisions herein
16 contained.
17 (11) To make rules to carry out and implement their
18 powers and duties under this Act, with authority to amend
19 such rules from time to time.
20 (12) To hear or conduct investigations as it deems
21 necessary of appeals of layoff filed by employees appointed
22 under Jurisdiction B after examination provided that such
23 appeals are filed within 15 calendar days following the
24 effective date of such layoff and are made on the basis that
25 the provisions of the Personnel Code or of the Rules of the
26 Department of Central Management Services relating to layoff
27 have been violated or have not been complied with.
28 All hearings shall be public. A decision shall be
29 rendered within 60 days after receipt of the transcript of
30 the proceedings. The Commission shall order the
31 reinstatement of the employee if it is proven that the
32 provisions of the Personnel Code or of the Rules of the
33 Department of Central Management Services relating to layoff
34 have been violated or have not been complied with. In
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1 connection therewith the Commission may administer oaths,
2 subpoena witnesses, and compel the production of books and
3 papers.
4 (13) Whenever the Civil Service Commission is authorized
5 or required by law to consider some aspect of criminal
6 history record information for the purpose of carrying out
7 its statutory powers and responsibilities, then, upon request
8 and payment of fees in conformance with the requirements of
9 subsection 22 of Section 100-400 55a of "the Department of
10 State Police Law (20 ILCS 2605/100-400) Civil Administrative
11 Code of Illinois", the Department of State Police is
12 authorized to furnish, pursuant to positive identification,
13 such information contained in State files as is necessary to
14 fulfill the request.
15 (Source: P.A. 86-610.)
16 Section 5-140. The Children and Family Services Act is
17 amended by changing Section 5 as follows:
18 (20 ILCS 505/5) (from Ch. 23, par. 5005)
19 (Text of Section taking effect July 1, 1997)
20 Sec. 5. Direct child welfare services; Department of
21 Children and Family Services. To provide direct child welfare
22 services when not available through other public or private
23 child care or program facilities.
24 (a) For purposes of this Section:
25 (1) "Children" means persons found within the State
26 who are under the age of 18 years. The term also
27 includes persons under age 19 who:
28 (A) were committed to the Department pursuant
29 to the Juvenile Court Act or the Juvenile Court Act
30 of 1987, as amended, prior to the age of 18 and who
31 continue under the jurisdiction of the court; or
32 (B) were accepted for care, service and
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1 training by the Department prior to the age of 18
2 and whose best interest in the discretion of the
3 Department would be served by continuing that care,
4 service and training because of severe emotional
5 disturbances, physical disability, social adjustment
6 or any combination thereof, or because of the need
7 to complete an educational or vocational training
8 program.
9 (2) "Homeless youth" means persons found within the
10 State who are under the age of 19, are not in a safe and
11 stable living situation and cannot be reunited with their
12 families.
13 (3) "Child welfare services" means public social
14 services which are directed toward the accomplishment of
15 the following purposes:
16 (A) protecting and promoting the welfare of
17 children, including homeless, dependent or neglected
18 children;
19 (B) remedying, or assisting in the solution of
20 problems which may result in, the neglect, abuse,
21 exploitation or delinquency of children;
22 (C) preventing the unnecessary separation of
23 children from their families by identifying family
24 problems, assisting families in resolving their
25 problems, and preventing the breakup of the family
26 where the prevention of child removal is desirable
27 and possible;
28 (D) restoring to their families children who
29 have been removed, by the provision of services to
30 the child and the families;
31 (E) placing children in suitable adoptive
32 homes, in cases where restoration to the biological
33 family is not possible or appropriate;
34 (F) assuring adequate care of children away
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1 from their homes, in cases where the child cannot be
2 returned home or cannot be placed for adoption;
3 (G) (blank);
4 (H) (blank); and
5 (I) placing and maintaining children in
6 facilities that provide separate living quarters for
7 children under the age of 18 and for children 18
8 years of age and older, unless a child 18 years of
9 age is in the last year of high school education or
10 vocational training, in an approved individual or
11 group treatment program, or in a licensed shelter
12 facility. The Department is not required to place
13 or maintain children:
14 (i) who are in a foster home, or
15 (ii) who are persons with a developmental
16 disability, as defined in the Mental Health and
17 Developmental Disabilities Code, or
18 (iii) who are female children who are
19 pregnant, pregnant and parenting or parenting,
20 or
21 (iv) who are siblings,
22 in facilities that provide separate living quarters
23 for children 18 years of age and older and for
24 children under 18 years of age.
25 (b) Nothing in this Section shall be construed to
26 authorize the expenditure of public funds for the purpose of
27 performing abortions.
28 (c) The Department shall establish and maintain
29 tax-supported child welfare services and extend and seek to
30 improve voluntary services throughout the State, to the end
31 that services and care shall be available on an equal basis
32 throughout the State to children requiring such services.
33 (d) The Director may authorize advance disbursements for
34 any new program initiative to any agency contracting with the
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1 Department. As a prerequisite for an advance disbursement,
2 the contractor must post a surety bond in the amount of the
3 advance disbursement and have a purchase of service contract
4 approved by the Department. The Department may pay up to 2
5 months operational expenses in advance. The amount of the
6 advance disbursement shall be prorated over the life of the
7 contract or the remaining months of the fiscal year,
8 whichever is less, and the installment amount shall then be
9 deducted from future bills. Advance disbursement
10 authorizations for new initiatives shall not be made to any
11 agency after that agency has operated during 2 consecutive
12 fiscal years. The requirements of this Section concerning
13 advance disbursements shall not apply with respect to the
14 following: payments to local public agencies for child day
15 care services as authorized by Section 5a of this Act; and
16 youth service programs receiving grant funds under Section
17 17a-4.
18 (e) (Blank).
19 (f) (Blank).
20 (g) The Department shall establish rules and regulations
21 concerning its operation of programs designed to meet the
22 goals of child protection, family preservation, family
23 reunification, and adoption, including but not limited to:
24 (1) adoption;
25 (2) foster care;
26 (3) family counseling;
27 (4) protective services;
28 (5) (blank);
29 (6) homemaker service;
30 (7) return of runaway children;
31 (8) (blank);
32 (9) placement under Section 5-7 of the Juvenile
33 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
34 Juvenile Court Act of 1987 in accordance with the federal
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1 Adoption Assistance and Child Welfare Act of 1980; and
2 (10) interstate services.
3 Rules and regulations established by the Department shall
4 include provisions for training Department staff and the
5 staff of Department grantees, through contracts with other
6 agencies or resources, in alcohol and drug abuse screening
7 techniques to identify children and adults who should be
8 referred to an alcohol and drug abuse treatment program for
9 professional evaluation.
10 (h) If the Department finds that there is no appropriate
11 program or facility within or available to the Department for
12 a ward and that no licensed private facility has an adequate
13 and appropriate program or none agrees to accept the ward,
14 the Department shall create an appropriate individualized,
15 program-oriented plan for such ward. The plan may be
16 developed within the Department or through purchase of
17 services by the Department to the extent that it is within
18 its statutory authority to do.
19 (i) Service programs shall be available throughout the
20 State and shall include but not be limited to the following
21 services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care; and
27 (6) emergency assistance and advocacy.
28 In addition, the following services may be made available
29 to assess and meet the needs of children and families:
30 (1) comprehensive family-based services;
31 (2) assessments;
32 (3) respite care; and
33 (4) in-home health services.
34 The Department shall provide transportation for any of
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1 the services it makes available to children or families or
2 for which it refers children or families.
3 (j) The Department may provide financial assistance, and
4 shall establish rules and regulations concerning such
5 assistance, to persons who adopt physically or mentally
6 handicapped, older and other hard-to-place children who
7 immediately prior to their adoption were legal wards of the
8 Department. The Department may also provide financial
9 assistance, and shall establish rules and regulations for
10 such assistance, to persons appointed guardian of the person
11 under Section 5-7 of the Juvenile Court Act or Section 2-27,
12 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
13 children who were wards of the Department for 12 months
14 immediately prior to the appointment of the successor
15 guardian and for whom the Department has set a goal of
16 permanent family placement with a foster family.
17 The amount of assistance may vary, depending upon the
18 needs of the child and the adoptive parents, but must be at
19 least $25 less than the monthly cost of care of the child in
20 a foster home, as set forth in the annual assistance
21 agreement. Special purpose grants are allowed where the
22 child requires special service but such costs may not exceed
23 the amounts which similar services would cost the Department
24 if it were to provide or secure them as guardian of the
25 child.
26 Any financial assistance provided under this subsection
27 is inalienable by assignment, sale, execution, attachment,
28 garnishment, or any other remedy for recovery or collection
29 of a judgment or debt.
30 (k) The Department shall accept for care and training
31 any child who has been adjudicated neglected or abused, or
32 dependent committed to it pursuant to the Juvenile Court Act
33 or the Juvenile Court Act of 1987.
34 (l) Before July 1, 2000, the Department may provide, and
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1 beginning July 1, 2000, the Department shall provide, family
2 preservation services, as determined to be appropriate and in
3 the child's best interests and when the child will not be in
4 imminent risk of harm, to any family whose child has been
5 placed in substitute care, any persons who have adopted a
6 child and require post-adoption services, or any persons
7 whose child or children are at risk of being placed outside
8 their home as documented by an "indicated" report of
9 suspected child abuse or neglect determined pursuant to the
10 Abused and Neglected Child Reporting Act. Nothing in this
11 paragraph shall be construed to create a private right of
12 action or claim on the part of any individual or child
13 welfare agency.
14 The Department shall notify the child and his family of
15 the Department's responsibility to offer and provide family
16 preservation services as identified in the service plan. The
17 child and his family shall be eligible for services as soon
18 as the report is determined to be "indicated". The
19 Department may offer services to any child or family with
20 respect to whom a report of suspected child abuse or neglect
21 has been filed, prior to concluding its investigation under
22 Section 7.12 of the Abused and Neglected Child Reporting Act.
23 However, the child's or family's willingness to accept
24 services shall not be considered in the investigation. The
25 Department may also provide services to any child or family
26 who is the subject of any report of suspected child abuse or
27 neglect or may refer such child or family to services
28 available from other agencies in the community, even if the
29 report is determined to be unfounded, if the conditions in
30 the child's or family's home are reasonably likely to subject
31 the child or family to future reports of suspected child
32 abuse or neglect. Acceptance of such services shall be
33 voluntary.
34 The Department may, at its discretion except for those
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1 children also adjudicated neglected or dependent, accept for
2 care and training any child who has been adjudicated
3 addicted, as a truant minor in need of supervision or as a
4 minor requiring authoritative intervention, under the
5 Juvenile Court Act or the Juvenile Court Act of 1987, but no
6 such child shall be committed to the Department by any court
7 without the approval of the Department. A minor charged with
8 a criminal offense under the Criminal Code of 1961 or
9 adjudicated delinquent shall not be placed in the custody of
10 or committed to the Department by any court, except a minor
11 less than 13 years of age committed to the Department under
12 Section 5-23 of the Juvenile Court Act of 1987.
13 (m) The Department may assume temporary custody of any
14 child if:
15 (1) it has received a written consent to such
16 temporary custody signed by the parents of the child or
17 by the parent having custody of the child if the parents
18 are not living together or by the guardian or custodian
19 of the child if the child is not in the custody of either
20 parent, or
21 (2) the child is found in the State and neither a
22 parent, guardian nor custodian of the child can be
23 located.
24 If the child is found in his or her residence without a
25 parent, guardian, custodian or responsible caretaker, the
26 Department may, instead of removing the child and assuming
27 temporary custody, place an authorized representative of the
28 Department in that residence until such time as a parent,
29 guardian or custodian enters the home and expresses a
30 willingness and apparent ability to resume permanent charge
31 of the child, or until a relative enters the home and is
32 willing and able to assume charge of the child until a
33 parent, guardian or custodian enters the home and expresses
34 such willingness and ability to resume permanent charge.
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1 After a caretaker has remained in the home for a period not
2 to exceed 12 hours, the Department must follow those
3 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
4 Juvenile Court Act of 1987.
5 The Department shall have the authority, responsibilities
6 and duties that a legal custodian of the child would have
7 pursuant to subsection (9) of Section 1-3 of the Juvenile
8 Court Act of 1987. Whenever a child is taken into temporary
9 custody pursuant to an investigation under the Abused and
10 Neglected Child Reporting Act, or pursuant to a referral and
11 acceptance under the Juvenile Court Act of 1987 of a minor in
12 limited custody, the Department, during the period of
13 temporary custody and before the child is brought before a
14 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
15 of the Juvenile Court Act of 1987, shall have the authority,
16 responsibilities and duties that a legal custodian of the
17 child would have under subsection (9) of Section 1-3 of the
18 Juvenile Court Act of 1987.
19 The Department shall ensure that any child taken into
20 custody is scheduled for an appointment for a medical
21 examination.
22 A parent, guardian or custodian of a child in the
23 temporary custody of the Department who would have custody of
24 the child if he were not in the temporary custody of the
25 Department may deliver to the Department a signed request
26 that the Department surrender the temporary custody of the
27 child. The Department may retain temporary custody of the
28 child for 10 days after the receipt of the request, during
29 which period the Department may cause to be filed a petition
30 pursuant to the Juvenile Court Act of 1987. If a petition is
31 so filed, the Department shall retain temporary custody of
32 the child until the court orders otherwise. If a petition is
33 not filed within the 10 day period, the child shall be
34 surrendered to the custody of the requesting parent, guardian
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1 or custodian not later than the expiration of the 10 day
2 period, at which time the authority and duties of the
3 Department with respect to the temporary custody of the child
4 shall terminate.
5 (n) The Department may place children under 18 years of
6 age in licensed child care facilities when in the opinion of
7 the Department, appropriate services aimed at family
8 preservation have been unsuccessful or unavailable and such
9 placement would be for their best interest. Payment for
10 board, clothing, care, training and supervision of any child
11 placed in a licensed child care facility may be made by the
12 Department, by the parents or guardians of the estates of
13 those children, or by both the Department and the parents or
14 guardians, except that no payments shall be made by the
15 Department for any child placed in a licensed child care
16 facility for board, clothing, care, training and supervision
17 of such a child that exceed the average per capita cost of
18 maintaining and of caring for a child in institutions for
19 dependent or neglected children operated by the Department.
20 However, such restriction on payments does not apply in cases
21 where children require specialized care and treatment for
22 problems of severe emotional disturbance, physical
23 disability, social adjustment, or any combination thereof and
24 suitable facilities for the placement of such children are
25 not available at payment rates within the limitations set
26 forth in this Section. All reimbursements for services
27 delivered shall be absolutely inalienable by assignment,
28 sale, attachment, garnishment or otherwise.
29 (o) The Department shall establish an administrative
30 review and appeal process for children and families who
31 request or receive child welfare services from the
32 Department. Children who are wards of the Department and are
33 placed by private child welfare agencies, and foster families
34 with whom those children are placed, shall be afforded the
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1 same procedural and appeal rights as children and families in
2 the case of placement by the Department, including the right
3 to an initial review of a private agency decision by that
4 agency. The Department shall insure that any private child
5 welfare agency, which accepts wards of the Department for
6 placement, affords those rights to children and foster
7 families. The Department shall accept for administrative
8 review and an appeal hearing a complaint made by a child or
9 foster family concerning a decision following an initial
10 review by a private child welfare agency. An appeal of a
11 decision concerning a change in the placement of a child
12 shall be conducted in an expedited manner.
13 (p) There is hereby created the Department of Children
14 and Family Services Emergency Assistance Fund from which the
15 Department may provide special financial assistance to
16 families which are in economic crisis when such assistance is
17 not available through other public or private sources and the
18 assistance is deemed necessary to prevent dissolution of the
19 family unit or to reunite families which have been separated
20 due to child abuse and neglect. The Department shall
21 establish administrative rules specifying the criteria for
22 determining eligibility for and the amount and nature of
23 assistance to be provided. The Department may also enter
24 into written agreements with private and public social
25 service agencies to provide emergency financial services to
26 families referred by the Department. Special financial
27 assistance payments shall be available to a family no more
28 than once during each fiscal year and the total payments to a
29 family may not exceed $500 during a fiscal year.
30 (q) The Department may receive and use, in their
31 entirety, for the benefit of children any gift, donation or
32 bequest of money or other property which is received on
33 behalf of such children, or any financial benefits to which
34 such children are or may become entitled while under the
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1 jurisdiction or care of the Department.
2 The Department shall set up and administer no-cost,
3 interest-bearing savings accounts in appropriate financial
4 institutions ("individual accounts") for children for whom
5 the Department is legally responsible and who have been
6 determined eligible for Veterans' Benefits, Social Security
7 benefits, assistance allotments from the armed forces, court
8 ordered payments, parental voluntary payments, Supplemental
9 Security Income, Railroad Retirement payments, Black Lung
10 benefits, or other miscellaneous payments. Interest earned
11 by each individual account shall be credited to the account,
12 unless disbursed in accordance with this subsection.
13 In disbursing funds from children's individual accounts,
14 the Department shall:
15 (1) Establish standards in accordance with State
16 and federal laws for disbursing money from children's
17 individual accounts. In all circumstances, the
18 Department's "Guardianship Administrator" or his or her
19 designee must approve disbursements from children's
20 individual accounts. The Department shall be responsible
21 for keeping complete records of all disbursements for
22 each individual account for any purpose.
23 (2) Calculate on a monthly basis the amounts paid
24 from State funds for the child's board and care, medical
25 care not covered under Medicaid, and social services; and
26 utilize funds from the child's individual account, as
27 covered by regulation, to reimburse those costs.
28 Monthly, disbursements from all children's individual
29 accounts, up to 1/12 of $13,000,000, shall be deposited
30 by the Department into the General Revenue Fund and the
31 balance over 1/12 of $13,000,000 into the DCFS Children's
32 Services Fund.
33 (3) Maintain any balance remaining after
34 reimbursing for the child's costs of care, as specified
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1 in item (2). The balance shall accumulate in accordance
2 with relevant State and federal laws and shall be
3 disbursed to the child or his or her guardian, or to the
4 issuing agency.
5 (r) The Department shall promulgate regulations
6 encouraging all adoption agencies to voluntarily forward to
7 the Department or its agent names and addresses of all
8 persons who have applied for and have been approved for
9 adoption of a hard-to-place or handicapped child and the
10 names of such children who have not been placed for adoption.
11 A list of such names and addresses shall be maintained by the
12 Department or its agent, and coded lists which maintain the
13 confidentiality of the person seeking to adopt the child and
14 of the child shall be made available, without charge, to
15 every adoption agency in the State to assist the agencies in
16 placing such children for adoption. The Department may
17 delegate to an agent its duty to maintain and make available
18 such lists. The Department shall ensure that such agent
19 maintains the confidentiality of the person seeking to adopt
20 the child and of the child.
21 (s) The Department of Children and Family Services may
22 establish and implement a program to reimburse Department and
23 private child welfare agency foster parents licensed by the
24 Department of Children and Family Services for damages
25 sustained by the foster parents as a result of the malicious
26 or negligent acts of foster children, as well as providing
27 third party coverage for such foster parents with regard to
28 actions of foster children to other individuals. Such
29 coverage will be secondary to the foster parent liability
30 insurance policy, if applicable. The program shall be funded
31 through appropriations from the General Revenue Fund,
32 specifically designated for such purposes.
33 (t) The Department shall perform home studies and
34 investigations and shall exercise supervision over visitation
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1 as ordered by a court pursuant to the Illinois Marriage and
2 Dissolution of Marriage Act or the Adoption Act only if:
3 (1) an order entered by an Illinois court
4 specifically directs the Department to perform such
5 services; and
6 (2) the court has ordered one or both of the
7 parties to the proceeding to reimburse the Department for
8 its reasonable costs for providing such services in
9 accordance with Department rules, or has determined that
10 neither party is financially able to pay.
11 The Department shall provide written notification to the
12 court of the specific arrangements for supervised visitation
13 and projected monthly costs within 60 days of the court
14 order. The Department shall send to the court information
15 related to the costs incurred except in cases where the court
16 has determined the parties are financially unable to pay. The
17 court may order additional periodic reports as appropriate.
18 (u) Whenever the Department places a child in a licensed
19 foster home, group home, child care institution, or in a
20 relative home, the Department shall provide to the caretaker:
21 (1) available detailed information concerning the
22 child's educational and health history, copies of
23 immunization records (including insurance and medical
24 card information), a history of the child's previous
25 placements, if any, and reasons for placement changes
26 excluding any information that identifies or reveals the
27 location of any previous caretaker;
28 (2) a copy of the child's portion of the client
29 service plan, including any visitation arrangement, and
30 all amendments or revisions to it as related to the
31 child; and
32 (3) information containing details of the child's
33 individualized educational plan when the child is
34 receiving special education services.
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1 The caretaker shall be informed of any known social or
2 behavioral information (including, but not limited to, fire
3 setting, perpetuation of sexual abuse, destructive behavior,
4 and substance abuse) necessary to care for and safeguard the
5 child.
6 (u-5) Effective July 1, 1995, only foster care
7 placements licensed as foster family homes pursuant to the
8 Child Care Act of 1969 shall be eligible to receive foster
9 care payments from the Department. Relative caregivers who,
10 as of July 1, 1995, were approved pursuant to approved
11 relative placement rules previously promulgated by the
12 Department at 89 Ill. Adm. Code 335 and had submitted an
13 application for licensure as a foster family home may
14 continue to receive foster care payments only until the
15 Department determines that they may be licensed as a foster
16 family home or that their application for licensure is denied
17 or until September 30, 1995, whichever occurs first.
18 (v) The Department shall access criminal history record
19 information as defined in the Illinois Uniform Conviction
20 Information Act and information maintained in the
21 adjudicatory and dispositional record system as defined in
22 subdivision (A)19 of Section 100-355 55a of the Department of
23 State Police Law (20 ILCS 2605/100-355) Civil Administrative
24 Code of Illinois if the Department determines the information
25 is necessary to perform its duties under the Abused and
26 Neglected Child Reporting Act, the Child Care Act of 1969,
27 and the Children and Family Services Act. The Department
28 shall provide for interactive computerized communication and
29 processing equipment that permits direct on-line
30 communication with the Department of State Police's central
31 criminal history data repository. The Department shall
32 comply with all certification requirements and provide
33 certified operators who have been trained by personnel from
34 the Department of State Police. In addition, one Office of
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1 the Inspector General investigator shall have training in the
2 use of the criminal history information access system and
3 have access to the terminal. The Department of Children and
4 Family Services and its employees shall abide by rules and
5 regulations established by the Department of State Police
6 relating to the access and dissemination of this information.
7 (w) Within 120 days of August 20, 1995 (the effective
8 date of Public Act 89-392), the Department shall prepare and
9 submit to the Governor and the General Assembly, a written
10 plan for the development of in-state licensed secure child
11 care facilities that care for children who are in need of
12 secure living arrangements for their health, safety, and
13 well-being. For purposes of this subsection, secure care
14 facility shall mean a facility that is designed and operated
15 to ensure that all entrances and exits from the facility, a
16 building or a distinct part of the building, are under the
17 exclusive control of the staff of the facility, whether or
18 not the child has the freedom of movement within the
19 perimeter of the facility, building, or distinct part of the
20 building. The plan shall include descriptions of the types
21 of facilities that are needed in Illinois; the cost of
22 developing these secure care facilities; the estimated number
23 of placements; the potential cost savings resulting from the
24 movement of children currently out-of-state who are projected
25 to be returned to Illinois; the necessary geographic
26 distribution of these facilities in Illinois; and a proposed
27 timetable for development of such facilities.
28 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
29 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
30 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
31 Section 5-145. The Financial Institutions Code is amended
32 by changing Section 6 as follows:
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1 (20 ILCS 1205/6) (from Ch. 17, par. 106)
2 Sec. 6. In addition to the duties imposed elsewhere in
3 this Act, the Department has the following powers:
4 (1) To exercise the rights, powers and duties vested by
5 law in the Auditor of Public Accounts under "An Act to
6 provide for the incorporation, management and regulation of
7 pawners' societies and limiting the rate of compensation to
8 be paid for advances, storage and insurance on pawns and
9 pledges and to allow the loaning of money upon personal
10 property", approved March 29, 1899, as amended.
11 (2) To exercise the rights, powers and duties vested by
12 law in the Auditor of Public Accounts under "An Act in
13 relation to the definition, licensing and regulation of
14 community currency exchanges and ambulatory currency
15 exchanges, and the operators and employees thereof, and to
16 make an appropriation therefor, and to provide penalties and
17 remedies for the violation thereof", approved June 30, 1943,
18 as amended.
19 (3) To exercise the rights, powers, and duties vested by
20 law in the Auditor of Public Accounts under "An Act in
21 relation to the buying and selling of foreign exchange and
22 the transmission or transfer of money to foreign countries",
23 approved June 28, 1923, as amended.
24 (4) To exercise the rights, powers, and duties vested by
25 law in the Auditor of Public Accounts under "An Act to
26 provide for and regulate the business of guaranteeing titles
27 to real estate by corporations", approved May 13, 1901, as
28 amended.
29 (5) To exercise the rights, powers and duties vested by
30 law in the Department of Insurance under "An Act to define,
31 license, and regulate the business of making loans of eight
32 hundred dollars or less, permitting an interest charge
33 thereon greater than otherwise allowed by law, authorizing
34 and regulating the assignment of wages or salary when taken
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1 as security for any such loan or as consideration for a
2 payment of eight hundred dollars or less, providing
3 penalties, and to repeal Acts therein named", approved July
4 11, 1935, as amended.
5 (6) To administer and enforce "An Act to license and
6 regulate the keeping and letting of safety deposit boxes,
7 safes, and vaults, and the opening thereof, and to repeal a
8 certain Act therein named", approved June 13, 1945, as
9 amended.
10 (7) Whenever the Department is authorized or required by
11 law to consider some aspect of criminal history record
12 information for the purpose of carrying out its statutory
13 powers and responsibilities, then, upon request and payment
14 of fees in conformance with the requirements of subsection 22
15 of Section 100-400 55a of "the Department of State Police Law
16 (20 ILCS 2605/100-400) Civil Administrative Code of
17 Illinois", the Department of State Police is authorized to
18 furnish, pursuant to positive identification, such
19 information contained in State files as is necessary to
20 fulfill the request.
21 (Source: P.A. 86-610.)
22 Section 5-150. The Department of Public Health Act is
23 amended by changing Section 2 as follows:
24 (20 ILCS 2305/2) (from Ch. 111 1/2, par. 22)
25 Sec. 2. Powers.
26 (a) The State Department of Public Health has general
27 supervision of the interests of the health and lives of the
28 people of the State. It has supreme authority in matters of
29 quarantine, and may declare and enforce quarantine when none
30 exists, and may modify or relax quarantine when it has been
31 established. The Department may adopt, promulgate, repeal
32 and amend rules and regulations and make such sanitary
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1 investigations and inspections as it may from time to time
2 deem necessary for the preservation and improvement of the
3 public health, consistent with law regulating the following:
4 (1) Transportation of the remains of deceased
5 persons.
6 (2) Sanitary practices relating to drinking water
7 made accessible to the public for human consumption or
8 for lavatory or culinary purposes.
9 (3) Sanitary practices relating to rest room
10 facilities made accessible to the public or to persons
11 handling food served to the public.
12 (4) Sanitary practices relating to disposal of
13 human wastes in or from all buildings and places where
14 people live, work or assemble.
15 The provisions of the Illinois Administrative Procedure
16 Act are hereby expressly adopted and shall apply to all
17 administrative rules and procedures of the Department of
18 Public Health under this Act, except that Section 5-35 of the
19 Illinois Administrative Procedure Act relating to procedures
20 for rule-making does not apply to the adoption of any rule
21 required by federal law in connection with which the
22 Department is precluded by law from exercising any
23 discretion.
24 All local boards of health, health authorities and
25 officers, police officers, sheriffs and all other officers
26 and employees of the state or any locality shall enforce the
27 rules and regulations so adopted.
28 The Department of Public Health shall conduct a public
29 information campaign to inform Hispanic women of the high
30 incidence of breast cancer and the importance of mammograms
31 and where to obtain a mammogram. This requirement may be
32 satisfied by translation into Spanish and distribution of the
33 breast cancer summaries required by Section 90-345 55.49 of
34 the Department of Public Health Powers and Duties Law (20
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1 ILCS 2310/90-345) Civil Administrative Code of Illinois. The
2 information provided by the Department of Public Health shall
3 include (i) a statement that mammography is the most accurate
4 method for making an early detection of breast cancer,
5 however, no diagnostic tool is 100% effective and (ii)
6 instructions for performing breast self-examination and a
7 statement that it is important to perform a breast
8 self-examination monthly.
9 The Department of Public Health shall investigate the
10 causes of dangerously contagious or infectious diseases,
11 especially when existing in epidemic form, and take means to
12 restrict and suppress the same, and whenever such disease
13 becomes, or threatens to become epidemic, in any locality and
14 the local board of health or local authorities neglect or
15 refuse to enforce efficient measures for its restriction or
16 suppression or to act with sufficient promptness or
17 efficiency, or whenever the local board of health or local
18 authorities neglect or refuse to promptly enforce efficient
19 measures for the restriction or suppression of dangerously
20 contagious or infectious diseases, the Department of Public
21 Health may enforce such measures as it deems necessary to
22 protect the public health, and all necessary expenses so
23 incurred shall be paid by the locality for which services are
24 rendered.
25 (b) Subject to the provisions of subsection (c), the
26 Department may order a person to be quarantined or isolated
27 or a place to be closed and made off limits to the public to
28 prevent the probable spread of a dangerously contagious or
29 infectious disease, including non-compliant tuberculosis
30 patients, until such time as the condition can be corrected
31 or the danger to the public health eliminated or reduced in
32 such a manner that no substantial danger to the public's
33 health any longer exists.
34 (c) No person may be ordered to be quarantined or
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1 isolated and no place may be ordered to be closed and made
2 off limits to the public except with the consent of the
3 person or owner of the place or upon the order of a court of
4 competent jurisdiction. To obtain a court order, the
5 Department, by clear and convincing evidence, must prove that
6 the public's health and welfare are significantly endangered
7 by a person with a dangerously contagious or infectious
8 disease including non-compliant tuberculosis patients or by a
9 place where there is a significant amount of activity likely
10 to spread a dangerously contagious or infectious disease.
11 The Department must also prove that all other reasonable
12 means of correcting the problem have been exhausted and no
13 less restrictive alternative exists.
14 (d) This Section shall be considered supplemental to the
15 existing authority and powers of the Department and shall not
16 be construed to restrain or restrict the Department in
17 protecting the public health under any other provisions of
18 the law.
19 (e) Any person who knowingly or maliciously disseminates
20 any false information or report concerning the existence of
21 any dangerously contagious or infectious disease in
22 connection with the Department's power of quarantine,
23 isolation and closure or refuses to comply with a quarantine,
24 isolation or closure order is guilty of a Class A
25 misdemeanor.
26 (f) The Department of Public Health may establish and
27 maintain a chemical and bacteriologic laboratory for the
28 examination of water and wastes, and for the diagnosis of
29 diphtheria, typhoid fever, tuberculosis, malarial fever and
30 such other diseases as it deems necessary for the protection
31 of the public health.
32 As used in this Act, "locality" means any governmental
33 agency which exercises power pertaining to public health in
34 an area less than the State.
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1 The terms "sanitary investigations and inspections" and
2 "sanitary practices" as used in this Act shall not include or
3 apply to "Public Water Supplies" or "Sewage Works" as defined
4 in the Environmental Protection Act.
5 (Source: P.A. 88-45; 89-187, eff. 7-19-95; 89-381, eff.
6 8-18-95; 89-626, eff. 8-9-96.)
7 Section 5-155. The Disabled Persons Rehabilitation Act is
8 amended by changing Section 12a as follows:
9 (20 ILCS 2405/12a) (from Ch. 23, par. 3443a)
10 (Text of Section taking effect July 1, 1997)
11 Sec. 12a. Centers for independent living.
12 (a) Purpose. Recognizing that persons with severe
13 disabilities deserve a high quality of life within their
14 communities regardless of their disabilities, the Department,
15 working with the Statewide Independent Living Council, shall
16 develop a State plan for submission on an annual basis to the
17 Commissioner. The Department shall adopt rules for
18 implementing the State plan in accordance with the federal
19 Act, including rules adopted under the federal Act governing
20 the award of grants.
21 (b) Definitions. As used in this Section, unless the
22 context clearly requires otherwise:
23 "Federal Act" means the federal 1973 Rehabilitation Act.
24 "Center for independent living" means a consumer
25 controlled, community based, cross-disability,
26 non-residential, private non-profit agency that is designated
27 and operated within a local community by individuals with
28 disabilities and provides an array of independent living
29 services.
30 "Consumer controlled" means that the center for
31 independent living vests power and authority in individuals
32 with disabilities and that at least 51% of the directors of
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1 the center are persons with one or more disabilities as
2 defined by this Act.
3 "Commissioner" means the Commissioner of the
4 Rehabilitation Services Administration in the United States
5 Department of Health and Human Services.
6 "Council" means the Statewide Independent Living Council
7 appointed under subsection (d).
8 "Individual with a disability" means any individual who
9 has a physical or mental impairment that substantially limits
10 a major life activity, has a record of such an impairment, or
11 is regarded as having such an impairment.
12 "Individual with a severe disability" means an individual
13 with a severe physical or mental impairment, whose ability to
14 function independently in the family or community or whose
15 ability to obtain, maintain, or advance in employment is
16 substantially limited and for whom the delivery of
17 independent living services will improve the ability to
18 function, continue functioning, or move toward functioning
19 independently in the family or community or to continue in
20 employment.
21 "State plan" means the materials submitted by the
22 Department to the Commissioner on an annual basis that
23 contain the State's proposal for:
24 (1) The provision of statewide independent living
25 services.
26 (2) The development and support of a statewide
27 network of centers for independent living.
28 (3) Working relationships between (i) programs
29 providing independent living services and independent
30 living centers and (ii) the vocational rehabilitation
31 program administered by the Department under the federal
32 Act and other programs providing services for individuals
33 with disabilities.
34 (c) Authority. The Department shall be designated the
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1 State unit under Title VII of the federal Act and shall have
2 the following responsibilities:
3 (1) To receive, account for, and disburse funds
4 received by the State under the federal Act based on the
5 State plan.
6 (2) To provide administrative support services to
7 centers for independent living programs.
8 (3) To keep records, and take such actions with
9 respect to those records, as the Commissioner finds to be
10 necessary with respect to the programs.
11 (4) To submit additional information or provide
12 assurances the Commissioner may require with respect to
13 the programs.
14 The Secretary and the Chairperson of the Council are
15 responsible for jointly developing and signing the State plan
16 required by Section 704 of the federal Act. The State plan
17 shall conform to the requirements of Section 704 of the
18 federal Act.
19 (d) Statewide Independent Living Council.
20 The Governor shall appoint a Statewide Independent Living
21 Council, comprised of 18 members, which shall be established
22 as an entity separate and distinct from the Department. The
23 composition of the Council shall include the following:
24 (1) At least one director of a center for
25 independent living chosen by the directors of centers for
26 independent living within the State.
27 (2) Two representatives of the Department and a
28 representative each from the Department on Aging, the
29 State Board of Education, and the Department of Children
30 and Family Services, all as non-voting members who shall
31 not be counted in the 18 members appointed by the
32 Governor.
33 In addition, the Council may include the following:
34 (A) One or more representatives of centers for
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1 independent living.
2 (B) One or more parents or guardians of individuals
3 with disabilities.
4 (C) One or more advocates for individuals with
5 disabilities.
6 (D) One or more representatives of private
7 business.
8 (E) One or more representatives of organizations
9 that provide services for individuals with disabilities.
10 (F) Other appropriate individuals.
11 After soliciting recommendations from organizations
12 representing a broad range of individuals with disabilities
13 and organizations interested in individuals with
14 disabilities, the Governor shall appoint members of the
15 Council for terms beginning July 1, 1993. The Council shall
16 be composed of members (i) who provide statewide
17 representation; (ii) who represent a broad range of
18 individuals with disabilities; (iii) who are knowledgeable
19 about centers for independent living and independent living
20 services; and (iv) a majority of whom are persons who are
21 individuals with disabilities and are not employed by any
22 State agency or center for independent living. The terms of
23 all members of the Independent Living Advisory Council who
24 were appointed for terms beginning before July 1, 1993, shall
25 expire on July 1, 1993.
26 The council shall elect a chairperson from among its
27 membership.
28 Each member of the Council shall serve for terms of 3
29 years, except that (i) a member appointed to fill a vacancy
30 occurring before the expiration of the term for which the
31 predecessor was appointed shall be appointed for the
32 remainder of that term and (ii) terms of the members
33 initially appointed after the effective date of this
34 amendatory Act of 1993 shall be as follows: 6 of the
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1 initial members shall be appointed for terms of one year, 6
2 shall be appointed for terms of 2 years, and 6 shall be
3 appointed for terms of 3 years. No member of the council may
4 serve more than 2 consecutive full terms.
5 Any vacancy occurring in the membership of the Council
6 shall be filled in the same manner as the original
7 appointment. The vacancy shall not affect the power of the
8 remaining members to execute the powers and duties of the
9 Council. The Council shall have the duties enumerated in
10 subsections (c), (d), and (e) of Section 705 of the federal
11 Act.
12 Members shall be reimbursed for their actual expenses
13 incurred in the performance of their duties, including
14 expenses for travel, child care, and personal assistance
15 services, and a member who is not employed or who must
16 forfeit wages from other employment shall be paid reasonable
17 compensation for each day the member is engaged in performing
18 the duties of the Council. The reimbursement or compensation
19 shall be paid from moneys made available to the Department
20 under Part B of Title VII of the federal Act.
21 In addition to the powers and duties granted to advisory
22 boards by Section 5-505 8 of the Departments of State
23 Government Law (20 ILCS 5/5-505) Civil Administrative Code of
24 Illinois, the Council shall have the authority to appoint
25 jointly with the Secretary a peer review committee to
26 consider and make recommendations for grants to eligible
27 centers for independent living.
28 (e) Grants to centers for independent living. Each
29 center for independent living that receives assistance from
30 the Department under this Section shall comply with the
31 standards and provide and comply with the assurances that are
32 set forth in the State plan and consistent with Section 725
33 of the federal Act. Each center for independent living
34 receiving financial assistance from the Department shall
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1 provide satisfactory assurances at the time and in the manner
2 the Secretary requires.
3 Beginning October 1, 1994, the Secretary may award grants
4 to any eligible center for independent living that is
5 receiving funds under Title VII of the federal Act, unless
6 the Secretary makes a finding that the center for independent
7 living fails to comply with the standards and assurances set
8 forth in Section 725 of the federal Act.
9 If there is no center for independent living serving a
10 region of the State or the region is underserved, and the
11 State receives a federal increase in its allotment sufficient
12 to support one or more additional centers for independent
13 living in the State, the Secretary may award a grant under
14 this subsection to one or more eligible agencies, consistent
15 with the provisions of the State plan setting forth the
16 design of the State for establishing a statewide network for
17 centers for independent living.
18 In selecting from among eligible agencies in awarding a
19 grant under this subsection for a new center for independent
20 living, the Secretary and the chairperson of (or other
21 individual designated by) the Council acting on behalf of and
22 at the direction of the Council shall jointly appoint a peer
23 review committee that shall rank applications in accordance
24 with the standards and assurances set forth in Section 725 of
25 the federal Act and criteria jointly established by the
26 Secretary and the chairperson or designated individual. The
27 peer review committee shall consider the ability of the
28 applicant to operate a center for independent living and
29 shall recommend an applicant to receive a grant under this
30 subsection based on the following:
31 (1) Evidence of the need for a center for
32 independent living, consistent with the State plan.
33 (2) Any past performance of the applicant in
34 providing services comparable to independent living
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1 services.
2 (3) The applicant's plan for complying with, or
3 demonstrated success in complying with, the standards and
4 assurances set forth in Section 725 of the federal Act.
5 (4) The quality of key personnel of the applicant
6 and the involvement of individuals with severe
7 disabilities by the applicant.
8 (5) The budgets and cost effectiveness of the
9 applicant.
10 (6) The evaluation plan of the applicant.
11 (7) The ability of the applicant to carry out the
12 plan.
13 The Secretary shall award the grant on the basis of the
14 recommendation of the peer review committee if the actions of
15 the committee are consistent with federal and State law.
16 (f) Evaluation and review. The Secretary shall
17 periodically review each center for independent living that
18 receives funds from the Department under Title VII of the
19 federal Act, or moneys appropriated from the General Revenue
20 Fund, to determine whether the center is in compliance with
21 the standards and assurances set forth in Section 725 of the
22 federal Act. If the Secretary determines that any center
23 receiving those federal or State funds is not in compliance
24 with the standards and assurances set forth in Section 725,
25 the Secretary shall immediately notify the center that it is
26 out of compliance. The Secretary shall terminate all funds
27 to that center 90 days after the date of notification or, in
28 the case of a center that requests an appeal, the date of any
29 final decision, unless the center submits a plan to achieve
30 compliance within 90 days and that plan is approved by the
31 Secretary or 198 on appeal) by the Commissioner.
32 (Source: P.A. 88-10; 89-507, eff. 7-1-97.)
33 Section 5-160. The State Police Act is amended by
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1 changing Sections 1 and 17a as follows:
2 (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
3 Sec. 1. The Department of State Police, hereinafter
4 called the Department, shall maintain divisions in accordance
5 with Section 100-25 55a-1 of the Department of State Police
6 Law (20 ILCS 2605/100-25) Civil Administrative Code of
7 Illinois. The Department, by the Director, shall appoint
8 State policemen, also known as State Police Officers, as
9 provided in this Act.
10 (Source: P.A. 85-1042.)
11 (20 ILCS 2610/17a) (from Ch. 121, par. 307.17a)
12 Sec. 17a. The Department of Central Management Services
13 shall procure and furnish to each State policeman, without
14 cost to him, public liability insurance protecting him
15 against any liability arising out of his employment to the
16 extent of the insurance policy limits not exceeding $100,000
17 or include each such State policeman under a self-insurance
18 plan implemented under Section 25-105 64.1 of the Department
19 of Central Management Services Law (20 ILCS 405/25-105) Civil
20 Administrative Code of Illinois.
21 (Source: P.A. 82-789.)
22 Section 5-165. The Criminal Identification Act is
23 amended by changing Section 3 as follows:
24 (20 ILCS 2630/3) (from Ch. 38, par. 206-3)
25 Sec. 3. (A) The Department shall file or cause to be
26 filed all plates, photographs, outline pictures,
27 measurements, descriptions and information which shall be
28 received by it by virtue of its office and shall make a
29 complete and systematic record and index of the same,
30 providing thereby a method of convenient reference and
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1 comparison. The Department shall furnish, upon application,
2 all information pertaining to the identification of any
3 person or persons, a plate, photograph, outline picture,
4 description, measurements, or any data of which there is a
5 record in its office. Such information shall be furnished to
6 peace officers of the United States, of other states or
7 territories, of the Insular possessions of the United States,
8 of foreign countries duly authorized to receive the same, to
9 all peace officers of the State of Illinois, to investigators
10 of the Illinois Law Enforcement Training Standards Board and,
11 conviction information only, to units of local government,
12 school districts and private organizations, under the
13 provisions of Section 100-10, 100-15, 100-75, 100-100,
14 100-105, 100-110, 100-115, 100-120, 100-130, 100-140,
15 100-190, 100-200, 100-205, 100-210, 100-215, 100-250,
16 100-275, 100-300, 100-305, 100-315, 100-325, 100-335,
17 100-340, 100-350, 100-355, 100-360, 100-365, 100-375,
18 100-390, 100-400, 100-405, 100-420, 100-430, 100-435,
19 100-500, 100-525, or 100-550, of the Department of State
20 Police Law (20 ILCS 2605/100-10, 2605/100-15, 2605/100-75,
21 2605/100-100, 2605/100-105, 2605/100-110, 2605/100-115,
22 2605/100-120, 2605/100-130, 2605/100-140, 2605/100-190,
23 2605/100-200, 2605/100-205, 2605/100-210, 2605/100-215,
24 2605/100-250, 2605/100-275, 2605/100-300, 2605/100-305,
25 2605/100-315, 2605/100-325, 2605/100-335, 2605/100-340,
26 2605/100-350, 2605/100-355, 2605/100-360, 2605/100-365,
27 2605/100-375, 2605/100-390, 2605/100-400, 2605/100-405,
28 2605/100-420, 2605/100-430, 2605/100-435, 2605/100-500,
29 2605/100-525, or 2605/100-550) Section 55a of the Civil
30 Administrative Code of Illinois. Applications shall be in
31 writing and accompanied by a certificate, signed by the peace
32 officer or chief administrative officer or his designee
33 making such application, to the effect that the information
34 applied for is necessary in the interest of and will be used
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1 solely in the due administration of the criminal laws or for
2 the purpose of evaluating the qualifications and character of
3 employees or prospective employees of units of local
4 government and school districts and of employees, prospective
5 employees, volunteers or prospective volunteers of such
6 private organizations.
7 For the purposes of this subsection, "chief
8 administrative officer" is defined as follows:
9 a) The city manager of a city or, if a city does
10 not employ a city manager, the mayor of the city.
11 b) The manager of a village or, if a village does
12 not employ a manager, the president of the village.
13 c) The chairman or president of a county board or,
14 if a county has adopted the county executive form of
15 government, the chief executive officer of the county.
16 d) The president of the school board of a school
17 district.
18 e) The supervisor of a township.
19 f) The official granted general administrative
20 control of a special district, an authority, or
21 organization of government establishment by law which may
22 issue obligations and which either may levy a property
23 tax or may expend funds of the district, authority, or
24 organization independently of any parent unit of
25 government.
26 g) The executive officer granted general
27 administrative control of a private organization defined
28 in subsection 27 of Section 100-335 55a of the Department
29 of State Police Law (20 ILCS 2605/100-335) Civil
30 Administrative Code of Illinois.
31 (B) Upon written application and payment of fees
32 authorized by this subsection, State agencies and units of
33 local government, not including school districts, are
34 authorized to submit fingerprints of employees, prospective
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1 employees and license applicants to the Department for the
2 purpose of obtaining conviction information maintained by the
3 Department and the Federal Bureau of Investigation about such
4 persons. The Department shall submit such fingerprints to
5 the Federal Bureau of Investigation on behalf of such
6 agencies and units of local government. The Department shall
7 charge an application fee, based on actual costs, for the
8 dissemination of conviction information pursuant to this
9 subsection. The Department is empowered to establish this
10 fee and shall prescribe the form and manner for requesting
11 and furnishing conviction information pursuant to this
12 subsection.
13 (C) Upon payment of fees authorized by this subsection,
14 the Department shall furnish to the commanding officer of a
15 military installation in Illinois having an arms storage
16 facility, upon written request of such commanding officer or
17 his designee, and in the form and manner prescribed by the
18 Department, all criminal history record information
19 pertaining to any individual seeking access to such a storage
20 facility, where such information is sought pursuant to a
21 federally-mandated security or criminal history check.
22 The Department shall establish and charge a fee, not to
23 exceed actual costs, for providing information pursuant to
24 this subsection.
25 (Source: P.A. 88-461; 88-586, eff. 8-12-94.)
26 Section 5-170. The Capital Development Board Act is
27 amended by changing Section 9.08a as follows:
28 (20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
29 Sec. 9.08a. The Capital Development Board is authorized,
30 with the consent in writing of the Director of Central
31 Management Services and of the Governor, to acquire by
32 condemnation in the manner provided for the exercise of the
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1 power of eminent domain under Article VII of the Code of
2 Civil Procedure, all lands, buildings and grounds for which
3 an appropriation may be made by the General Assembly, other
4 than those acquired by those agencies specified under Section
5 5-675 51 of the Departments of State Government Law (20 ILCS
6 5/5-675) Civil Administrative Code of Illinois, as amended.
7 (Source: P.A. 85-846.)
8 Section 5-175. The Commissioner of Banks and Trust
9 Companies Act is amended by changing Section 5 as follows:
10 (20 ILCS 3205/5) (from Ch. 17, par. 455)
11 Sec. 5. Powers. In addition to all the other powers and
12 duties provided by law, the Commissioner shall have the
13 following powers:
14 (a) To exercise the rights, powers and duties formerly
15 vested by law in the Director of Financial Institutions under
16 the Illinois Banking Act.
17 (b) To exercise the rights, powers and duties formerly
18 vested by law in the Department of Financial Institutions
19 under "An act to provide for and regulate the administration
20 of trusts by trust companies", approved June 15, 1887, as
21 amended.
22 (c) To exercise the rights, powers and duties formerly
23 vested by law in the Director of Financial Institutions under
24 "An act authorizing foreign corporations, including banks and
25 national banking associations domiciled in other states, to
26 act in a fiduciary capacity in this state upon certain
27 conditions herein set forth", approved July 13, 1953, as
28 amended.
29 (d) Whenever the Commissioner is authorized or required
30 by law to consider or to make findings regarding the
31 character of incorporators, directors, management personnel,
32 or other relevant individuals under the Illinois Banking Act
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1 or the Corporate Fiduciary Act or at other times as the
2 Commissioner deems necessary for the purpose of carrying out
3 the Commissioner's statutory powers and responsibilities, the
4 Commissioner shall consider criminal history record
5 information, including nonconviction information, pursuant to
6 the Criminal Identification Act. The Commissioner shall, in
7 the form and manner required by the Department of State
8 Police and the Federal Bureau of Investigation, cause to be
9 conducted a criminal history record investigation to obtain
10 information currently contained in the files of the
11 Department of State Police or the Federal Bureau of
12 Investigation. The Department of State Police shall provide,
13 on the Commissioner's request, information concerning
14 criminal charges and their disposition currently on file with
15 respect to a relevant individual. Information obtained as a
16 result of an investigation under this Section shall be used
17 in determining eligibility to be an incorporator, director,
18 management personnel, or other relevant individual in
19 relation to a financial institution supervised by the
20 Commissioner. Upon request and payment of fees in
21 conformance with the requirements of paragraph (22) of
22 subsection (A) of Section 100-400 55a of the Department of
23 State Police Law (20 ILCS 2605/100-400) Civil Administrative
24 Code of Illinois, the Department of State Police is
25 authorized to furnish, pursuant to positive identification,
26 such information contained in State files as is necessary to
27 fulfill the request.
28 (Source: P.A. 88-546; 89-508, eff. 7-3-96.)
29 Section 5-180. The Historic Preservation Agency Act is
30 amended by changing Sections 5.1 and 12 as follows:
31 (20 ILCS 3405/5.1) (from Ch. 127, par. 2705.1)
32 Sec. 5.1. The powers, duties and authority granted to
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1 the Department of Conservation pursuant to the provisions of
2 Section 63a21.2 of the Civil Administrative Code of Illinois
3 (renumbered; now Section 40-315 of the Department of Natural
4 Resources (Conservation) Law, 20 ILCS 805/40-315) to offer a
5 cash incentive to a qualified bidder for the development,
6 construction and supervision of a concession complex at
7 Lincoln's New Salem State Park are is transferred to the
8 Historic Preservation Agency.
9 (Source: P.A. 84-1348.)
10 (20 ILCS 3405/12) (from Ch. 127, par. 2712)
11 Sec. 12. The Agency shall exercise all rights, powers
12 and duties vested in the Department of Conservation by
13 Section 63a34 of "the Civil Administrative Code of Illinois
14 (renumbered; now Section 40-220 of the Department of Natural
15 Resources (Conservation) Law, 20 ILCS 805/40-220)", approved
16 March 7, 1917, as amended.
17 (Source: P.A. 84-25.)
18 Section 5-185. The State Finance Act is amended by
19 changing Sections 6p-1, 6p-2, 6z-38, 8.16a, 8.25, 8.33, 13.4,
20 14, 14b, and 36 as follows:
21 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
22 Sec. 6p-1. The Statistical Services Revolving Fund shall
23 be initially financed by a transfer of funds from the General
24 Revenue Fund. Thereafter, all fees and other monies received
25 by the Department of Central Management Services in payment
26 for statistical services rendered pursuant to Section 25-20
27 35.7 of the Department of Central Management Services Law (20
28 ILCS 405/25-20) Civil Administrative Code of Illinois, shall
29 be paid into the Statistical Services Revolving Fund. The
30 money in this fund shall be used by the Department of Central
31 Management Services as reimbursement for expenditures
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1 incurred in rendering statistical services.
2 (Source: P.A. 82-789.)
3 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
4 Sec. 6p-2. The Communications Revolving Fund shall be
5 initially financed by a transfer of funds from the General
6 Revenue Fund. Thereafter, all fees and other monies received
7 by the Department of Central Management Services in payment
8 for telecommunications services rendered pursuant to Section
9 25-270 67.18 of the Department of Central Management Services
10 Law (20 ILCS 405/25-270) Civil Administrative Code of
11 Illinois or sale of surplus State communications equipment
12 shall be paid into the Communications Revolving Fund. The
13 money in this fund shall be used by the Department of Central
14 Management Services as reimbursement for expenditures
15 incurred in relation to telecommunications services.
16 (Source: P.A. 84-961.)
17 (30 ILCS 105/6z-38)
18 Sec. 6z-38. General Professions Dedicated Fund. The
19 General Professions Dedicated Fund is created in the State
20 treasury. Moneys in the Fund shall be invested and earnings
21 on the investments shall be retained in the Fund. Moneys in
22 the Fund shall be appropriated to the Department of
23 Professional Regulation for the ordinary and contingent
24 expenses of the Department. Moneys in the Fund may be
25 transferred to the Professions Indirect Cost Fund as
26 authorized by Section 80-300 61e of the Department of
27 Professional Regulation Law (20 ILCS 2105/80-300) Civil
28 Administrative Code of Illinois.
29 (Source: P.A. 88-683, eff. 1-24-95; 89-204, eff. 1-1-96.)
30 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
31 Sec. 8.16a. Appropriations for the procurement,
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1 installation, retention, maintenance and operation of
2 electronic data processing and information devices used by
3 state agencies subject to Section 25-20 35.7 of the
4 Department of Central Management Services Law (20 ILCS
5 405/25-20) Civil Administrative Code of Illinois, the
6 purchase of necessary supplies and equipment and accessories
7 thereto, and all other expenses incident to the operation and
8 maintenance of those electronic data processing and
9 information devices are payable from the Statistical Services
10 Revolving Fund. However, no contract shall be entered into or
11 obligation incurred for any expenditure from the Statistical
12 Services Revolving Fund until after the purpose and amount
13 has been approved in writing by the Director of Central
14 Management Services. Until there are sufficient funds in the
15 Statistical Services Revolving Fund to carry out the purposes
16 of this amendatory Act of 1965, however, the State agencies
17 subject to that Section 25-20 35.7 of the Civil
18 Administrative Code of Illinois, shall, on written approval
19 of the Director of Central Management Services, pay the cost
20 of operating and maintaining electronic data processing
21 systems from current appropriations as classified and
22 standardized in "An Act in relation to State finance",
23 approved June 10, 1919, as amended.
24 (Source: P.A. 82-789.)
25 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
26 Sec. 8.25. Build Illinois Fund; uses.
27 (A) All moneys in the Build Illinois Fund shall be
28 transferred, appropriated, and used only for the purposes
29 authorized by and subject to the limitations and conditions
30 prescribed by this Section. There are established the
31 following accounts in the Build Illinois Fund: the McCormick
32 Place Account, the Build Illinois Bond Account, the Build
33 Illinois Purposes Account, the Park and Conservation Fund
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1 Account, and the Tourism Advertising and Promotion Account.
2 Amounts deposited into the Build Illinois Fund consisting of
3 1.55% before July 1, 1986, and 1.75% on and after July 1,
4 1986, of moneys received by the Department of Revenue under
5 Section 9 of the Use Tax Act, Section 9 of the Service Use
6 Tax Act, Section 9 of the Service Occupation Tax Act, and
7 Section 3 of the Retailers' Occupation Tax Act, and all
8 amounts deposited therein under Section 28 of the Illinois
9 Horse Racing Act of 1975, Section 4.05 of the Chicago World's
10 Fair - 1992 Authority Act, and Sections 3 and 6 of the Hotel
11 Operators' Occupation Tax Act, shall be credited initially to
12 the McCormick Place Account and all other amounts deposited
13 into the Build Illinois Fund shall be credited initially to
14 the Build Illinois Bond Account. Of the amounts initially so
15 credited to the McCormick Place Account in each month, the
16 amount that is to be transferred in that month to the
17 Metropolitan Fair and Exposition Authority Improvement Bond
18 Fund, as provided below, shall remain credited to the
19 McCormick Place Account, and all amounts initially so
20 credited in that month in excess thereof shall next be
21 credited to the Build Illinois Bond Account. Of the amounts
22 credited to the Build Illinois Bond Account in each month,
23 the amount that is to be transferred in that month to the
24 Build Illinois Bond Retirement and Interest Fund, as provided
25 below, shall remain credited to the Build Illinois Bond
26 Account, and all amounts so credited in each month in excess
27 thereof shall next be credited monthly to the other accounts
28 in the following order of priority: first, to the Build
29 Illinois Purposes Account, (a) 1/12, or in the case of fiscal
30 year 1986, 1/9, of the fiscal year amounts authorized to be
31 transferred to the Build Illinois Purposes Fund as provided
32 below plus (b) any cumulative deficiency in those transfers
33 for prior months; second, 1/12 of $10,000,000, plus any
34 cumulative deficiency in those transfers for prior months, to
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1 the Park and Conservation Fund Account; third, to the Tourism
2 Advertising and Promotion Account, an amount equal to (a) the
3 greater of 1/12 of $10,000,000 or 1/12 of the amount of the
4 fiscal year appropriation to the Department of Commerce and
5 Community Affairs, plus (b) any cumulative deficiency in
6 those transfers for prior months, to advertise and promote
7 tourism throughout Illinois under subsection (2) of Section
8 4a of the Illinois Promotion Act; and fourth, to the General
9 Revenue Fund in the State Treasury all amounts that remain in
10 the Build Illinois Fund on the last day of each month and are
11 not credited to any account in that Fund.
12 Transfers from the McCormick Place Account in the Build
13 Illinois Fund shall be made as follows:
14 Beginning with fiscal year 1985 and continuing for each
15 fiscal year thereafter, the Metropolitan Pier and Exposition
16 Authority shall annually certify to the State Comptroller and
17 State Treasurer the amount necessary and required during the
18 fiscal year with respect to which the certification is made
19 to pay the debt service requirements (including amounts to be
20 paid with respect to arrangements to provide additional
21 security or liquidity) on all outstanding bonds and notes,
22 including refunding bonds (herein collectively referred to as
23 bonds) of issues in the aggregate amount (excluding the
24 amount of any refunding bonds issued by that Authority after
25 January 1, 1986) of not more than $312,500,000 issued after
26 July 1, 1984, by that Authority for the purposes specified in
27 Sections 10.1 and 13.1 of the Metropolitan Pier and
28 Exposition Authority Act. In each month of the fiscal year
29 in which there are bonds outstanding with respect to which
30 the annual certification is made, the Comptroller shall order
31 transferred and the Treasurer shall transfer from the
32 McCormick Place Account in the Build Illinois Fund to the
33 Metropolitan Fair and Exposition Authority Improvement Bond
34 Fund an amount equal to 150% of the certified amount for that
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1 fiscal year divided by the number of months during that
2 fiscal year in which bonds of the Authority are outstanding,
3 plus any cumulative deficiency in those transfers for prior
4 months; provided, that the maximum amount that may be so
5 transferred in fiscal year 1985 shall not exceed $15,000,000
6 or a lesser sum as is actually necessary and required to pay
7 the debt service requirements for that fiscal year after
8 giving effect to net operating revenues of that Authority
9 available for that purpose as certified by that Authority,
10 and provided further that the maximum amount that may be so
11 transferred in fiscal year 1986 shall not exceed $30,000,000
12 and in each fiscal year thereafter shall not exceed
13 $33,500,000 in any fiscal year or a lesser sum as is actually
14 necessary and required to pay the debt service requirements
15 for that fiscal year after giving effect to net operating
16 revenues of that Authority available for that purpose as
17 certified by that Authority.
18 When an amount equal to 100% of the aggregate amount of
19 principal and interest in each fiscal year with respect to
20 bonds issued after July 1, 1984, that by their terms are
21 payable from the Metropolitan Fair and Exposition Authority
22 Improvement Bond Fund, including under sinking fund
23 requirements, has been so paid and deficiencies in reserves
24 established from bond proceeds shall have been remedied, and
25 at the time that those amounts have been transferred to the
26 Authority as provided in Section 13.1 of the Metropolitan
27 Pier and Exposition Authority Act, the remaining moneys, if
28 any, deposited and to be deposited during each fiscal year to
29 the Metropolitan Fair and Exposition Authority Improvement
30 Bond Fund shall be transferred to the Metropolitan Fair and
31 Exposition Authority Completion Note Subordinate Fund.
32 Transfers from the Build Illinois Bond Account in the
33 Build Illinois Fund shall be made as follows:
34 Beginning with fiscal year 1986 and continuing for each
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1 fiscal year thereafter so long as limited obligation bonds of
2 the State issued under the Build Illinois Bond Act remain
3 outstanding, the Comptroller shall order transferred and the
4 Treasurer shall transfer in each month, commencing in
5 October, 1985, on the last day of that month, from the Build
6 Illinois Bond Account to the Build Illinois Bond Retirement
7 and Interest Fund in the State Treasury the amount required
8 to be so transferred in that month under Section 13 of the
9 Build Illinois Bond Act.
10 Transfers from the remaining accounts in the Build
11 Illinois Fund shall be made in the following amounts and in
12 the following order of priority:
13 Beginning with fiscal year 1986 and continuing each
14 fiscal year thereafter, as soon as practicable after the
15 first day of each month, commencing in October, 1985, the
16 Comptroller shall order transferred and the Treasurer shall
17 transfer from the Build Illinois Purposes Account in the
18 Build Illinois Fund to the Build Illinois Purposes Fund
19 1/12th (or in the case of fiscal year 1986 1/9) of the
20 amounts specified below for the following fiscal years:
21 Fiscal Year Amount
22 1986 $35,000,000
23 1987 $45,000,000
24 1988 $50,000,000
25 1989 $55,000,000
26 1990 $55,000,000
27 1991 $50,000,000
28 1992 $16,200,000
29 1993 $16,200,000,
30 plus any cumulative deficiency in those transfers for prior
31 months.
32 As soon as may be practicable after the first day of each
33 month beginning after July 1, 1984, the Comptroller shall
34 order transferred and the Treasurer shall transfer from the
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1 Park and Conservation Fund Account in the Build Illinois Fund
2 to the Park and Conservation Fund 1/12 of $10,000,000, plus
3 any cumulative deficiency in those transfers for prior
4 months, for conservation and park purposes as enumerated in
5 Section 40-420 63a36 of the Department of Natural Resources
6 (Conservation) Law (20 ILCS 805/40-420) Civil Administrative
7 Code of Illinois, and to pay the debt service requirements on
8 all outstanding bonds of an issue in the aggregate amount of
9 not more than $40,000,000 issued after January 1, 1985, by
10 the State of Illinois for the purposes specified in Section
11 3(c) of the Capital Development Bond Act of 1972, or for the
12 same purposes as specified in any other State general
13 obligation bond Act enacted after November 1, 1984. Transfers
14 from the Park and Conservation Fund to the Capital
15 Development Bond Retirement and Interest Fund to pay those
16 debt service requirements shall be made in accordance with
17 Section 8.25b of this Act.
18 As soon as may be practicable after the first day of each
19 month, the Comptroller shall order transferred and the
20 Treasurer shall transfer from the Tourism Advertising and
21 Promotion Account to the General Revenue Fund in fiscal year
22 1993 and thereafter an amount equal to (a) the greater of
23 1/12 of $10,000,000 or 1/12 of the amount of the fiscal year
24 appropriation to the Department of Commerce and Community
25 Affairs, plus (b) any cumulative deficiency in those
26 transfers for prior months, to advertise and promote tourism
27 throughout Illinois under subsection (2) of Section 4a of the
28 Illinois Promotion Act.
29 All funds remaining in the Build Illinois Fund on the
30 last day of any month and not credited to any account in that
31 Fund shall be transferred by the State Treasurer to the
32 General Revenue Fund.
33 (B) For the purpose of this Section, "cumulative
34 deficiency" shall include all deficiencies in those transfers
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1 that have occurred since July 1, 1984, as specified in
2 subsection (A) of this Section.
3 (C) In addition to any other permitted use of moneys in
4 the Fund, and notwithstanding any restriction on the use of
5 the Fund, moneys in the Park and Conservation Fund may be
6 transferred to the General Revenue Fund as authorized by
7 Public Act 87-14. The General Assembly finds that an excess
8 of moneys existed in the Fund on July 30, 1991, and the
9 Governor's order of July 30, 1991, requesting the Comptroller
10 and Treasurer to transfer an amount from the Fund to the
11 General Revenue Fund is hereby validated.
12 In addition to any other permitted use of moneys in the
13 Fund, and notwithstanding any restriction on the use of the
14 Fund, moneys in the Park and Conservation Fund may be
15 transferred to the General Revenue Fund as authorized by this
16 amendatory Act of 1992. The General Assembly finds that an
17 excess of moneys exists in the Fund. On February 1, 1992,
18 the Comptroller shall order transferred and the Treasurer
19 shall transfer $7,000,000 (or such lesser amount as may be on
20 deposit in the Fund and unexpended and unobligated on that
21 date) from the Fund to the General Revenue Fund.
22 (D) In addition to any other permitted use of moneys in
23 the Fund, and notwithstanding any restriction on the use of
24 the Fund, moneys in the Local Tourism Fund may be transferred
25 to the General Revenue Fund as authorized by this amendatory
26 Act of 1992. The General Assembly finds that an excess of
27 moneys exists in the Fund. On February 1, 1992, the
28 Comptroller shall order transferred and the Treasurer shall
29 transfer $500,000 (or such lesser amount as may be on deposit
30 in the Fund and unexpended and unobligated on that date) from
31 the Fund to the General Revenue Fund.
32 (Source: P.A. 87-14; 87-838; 87-860; 87-873; 87-895; 88-465.)
33 (30 ILCS 105/8.33) (from Ch. 127, par. 144.33)
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1 Sec. 8.33. All expenses incident to the leasing or use
2 of the State facilities listed in Section 25-315 67.24 of the
3 Department of Central Management Services Law (20 ILCS
4 405/25-315) Civil Administrative Code of Illinois for lease
5 or use terms not exceeding 30 days in length shall be payable
6 from the Special Events Revolving Fund.
7 Expenses incident to the lease or use of the State
8 facilities listed in Section 25-315 67.24 of the Department
9 of Central Management Services Law (20 ILCS 405/25-315) Civil
10 Administrative Code of Illinois shall include expenditures
11 for additional commodities, equipment, furniture,
12 improvements, personal services or other expenses required by
13 the Department of Central Management Services to make such
14 facilities available to the public and State employees.
15 (Source: P.A. 87-435.)
16 (30 ILCS 105/13.4) (from Ch. 127, par. 149.4)
17 Sec. 13.4. All appropriations recommended to the General
18 Assembly by the Governor in the State Budget submitted
19 pursuant to Section 200-5 38 of "the State Budget Law (15
20 ILCS 20/200-5) Civil Administrative Code of Illinois" shall
21 be incorporated into and prepared as one or more
22 appropriation bills which shall either be introduced in the
23 General Assembly or submitted to the legislative leaders of
24 both the Senate and the House of Representatives not later
25 than 2 session days after the submission of the Governor's
26 budget recommendations immediately preceding the start of the
27 fiscal year for which the Budget is recommended.
28 (Source: P.A. 81-518.)
29 (30 ILCS 105/14) (from Ch. 127, par. 150)
30 Sec. 14. The item "personal services", when used in an
31 appropriation Act, means the reward or recompense made for
32 personal services rendered for the State by an officer or
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1 employee of the State or of an instrumentality thereof, or
2 for the purpose of Section 14a of this Act, or any amount
3 required or authorized to be deducted from the salary of any
4 such person under the provisions of Section 30c of this Act,
5 or any retirement or tax law, or both, or deductions from the
6 salary of any such person under the Social Security Enabling
7 Act or deductions from the salary of such person pursuant to
8 the Voluntary Payroll Deductions Act of 1983.
9 If no home is furnished to a person who is a full-time
10 chaplain employed by the State or a former full-time chaplain
11 retired from State employment, 20% of the salary or pension
12 paid to that person for his personal services to the State as
13 chaplain are considered to be a rental allowance paid to him
14 to rent or otherwise provide a home. This amendatory Act of
15 1973 applies to State salary amounts received after December
16 31, 1973.
17 When any appropriation payable from trust funds or
18 federal funds includes an item for personal services but does
19 not include a separate item for State contribution for
20 employee group insurance, the State contribution for employee
21 group insurance in relation to employees paid under that
22 personal services line item shall also be payable under that
23 personal services line item.
24 When any appropriation payable from trust funds or
25 federal funds includes an item for personal services but does
26 not include a separate item for employee retirement
27 contributions paid by the employer, the State contribution
28 for employee retirement contributions paid by the employer in
29 relation to employees paid under that personal services line
30 item shall also be payable under that personal services line
31 item.
32 The item "personal services", when used in an
33 appropriation Act, shall also mean and include a payment to a
34 State retirement system by a State agency to discharge a debt
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1 arising from the over-refund to an employee of retirement
2 contributions. The payment to a State retirement system
3 authorized by this paragraph shall not be construed to
4 release the employee from his or her obligation to return to
5 the State the amount of the over-refund.
6 The item "personal services", when used in an
7 appropriation Act, also includes a payment to reimburse the
8 Department of Central Management Services for temporary total
9 disability benefit payments in accordance with subdivision 9
10 (i)(2) of Section 25-105 64.1 of the Department of Central
11 Management Services Law (20 ILCS 405/25-105) Civil
12 Administrative Code of Illinois.
13 Beginning July 1, 1993, the item "personal services" and
14 related line items, when used in an appropriation Act or this
15 Act, shall also mean and include back wage claims of State
16 officers and employees to the extent those claims have not
17 been satisfied from the back wage appropriation to the
18 Department of Central Management Services in the preceding
19 fiscal year, as provided in Section 14b of this Act and
20 subdivision (13) of Section 25-105 64.1(m) of the Department
21 of Central Management Services Law (20 ILCS 405/25-105) Civil
22 Administrative Code of Illinois.
23 (Source: P.A. 87-14; 87-895; 87-955; 87-1234; 88-45.)
24 (30 ILCS 105/14b) (from Ch. 127, par. 150b)
25 Sec. 14b. Back wage claims. This Section applies
26 beginning July 1, 1993.
27 (a) The Director of the Department of Central Management
28 Services is authorized to pay any portion of a back wage
29 claim of a State employee of the Office of the Governor or of
30 a State department listed in Section 5-15 3 of the
31 Departments of State Government Law (20 ILCS 5/5-15) Civil
32 Administrative Code of Illinois, that has not been satisfied
33 from the Department's preceding fiscal year back wage claim
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1 appropriation, from the lapsed personal services line item
2 and related line item appropriations of the Office of the
3 Governor or the appropriate State department, payable from
4 the General Revenue Fund. If any portion of the back wage
5 claim still remains unsatisfied, the Director of the
6 Department of Central Management Services is authorized to
7 pay the unsatisfied portion from the lapsed personal services
8 line item and related line item appropriations of the
9 Department of Central Management Services, payable from the
10 General Revenue Fund. The Director of the Department of
11 Central Management Services is authorized to issue the
12 necessary vouchers for payments under this subsection.
13 (b) The officer responsible for approving and certifying
14 payroll vouchers of all State officers and of all State
15 offices, agencies, boards or commissions not covered in
16 subsection (a) is authorized to pay any portion of a back
17 wage claim of a State officer or employee, that has not been
18 satisfied from the Department of Central Management Services'
19 preceding fiscal year back wage claim appropriation, from the
20 lapsed personal services line item and related line item
21 appropriations of the employing State office or agency,
22 payable from the General Revenue Fund. If any portion of the
23 back wage claim still remains unsatisfied, the Director of
24 the Department of Central Management Services is authorized
25 to pay the unsatisfied portion from the lapsed personal
26 services line item and related line item appropriations of
27 the Department of Central Management Services, payable from
28 the General Revenue Fund. The certifying officer, or the
29 Director of the Department of Central Management Services in
30 the case of payment from lapsed Department appropriations, is
31 authorized to issue the necessary vouchers for payments under
32 this subsection.
33 (c) The Director of the Department of Central Management
34 Services may promulgate rules governing all back wage claim
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1 matters.
2 (Source: P.A. 87-1234.)
3 (30 ILCS 105/36) (from Ch. 127, par. 167.04)
4 Sec. 36. Contracts entered into by the Department of
5 Central Management Services pursuant to Section 25-295 67.30
6 of the Department of Central Management Services Law (20 ILCS
7 405/25-295) Civil Administrative Code of Illinois may provide
8 for payment to the vendor to be determined, wholly or
9 partially, on demonstrated savings in energy consumption.
10 Payments for such projects shall be paid by the agency or
11 agencies that benefit from the project. Funds which
12 otherwise would have been used to pay for utilities may be
13 used to pay the costs associated with the energy savings
14 project contract.
15 (Source: P.A. 86-1287.)
16 Section 5-190. The Gifts and Grants to Government Act is
17 amended by changing Section 1 as follows:
18 (30 ILCS 110/1) (from Ch. 127, par. 168-81)
19 Sec. 1. The Governor, Lieutenant Governor, Attorney
20 General, Secretary of State, Comptroller and Treasurer may
21 accept monetary gifts or grants from any nongovernmental
22 source, upon such terms and conditions as may be imposed, and
23 may expend, subject to appropriation, such gifts or grants
24 for any purpose necessary or desirable in the exercise of the
25 powers or the performance of the duties of their offices.
26 Until January 9, 1995, while the office of Lieutenant
27 Governor is vacant, the powers and duties of the Lieutenant
28 Governor under this Act shall be carried out as provided in
29 Section 67.35 of the Civil Administrative Code of Illinois
30 (renumbered; see, now, 20 ILCS 405/25-500).
31 (Source: P.A. 88-553.)
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1 Section 5-195. The Uncollected State Claims Act is
2 amended by changing Section 2 as follows:
3 (30 ILCS 205/2) (from Ch. 15, par. 102)
4 Sec. 2. (a) When any State agency is unable to collect
5 any claim or account receivable of $1,000 or more due the
6 agency after having pursued the procedure prescribed by law
7 or applicable rules and regulations for the collection
8 thereof or, if no procedure is so prescribed, then after
9 having undertaken all reasonable and appropriate procedures
10 available to the agency to effectuate collection, the State
11 agency shall request the Attorney General to certify the
12 claim or account receivable to be uncollectible.
13 (b) Each request to the Attorney General asking that a
14 claim or account receivable of $1,000 or more be declared
15 uncollectible shall be in a format prescribed by the Attorney
16 General and shall include at a minimum the following
17 information: debtor's name, debtor's social security number
18 or comparable identifying number, debtor's last known
19 address, nature of the debt, efforts made to collect the debt
20 and the time period covered by those efforts, the age of the
21 debt, the age of the debtor and the specific reason the State
22 agency believes the debt to be uncollectible. Nothing in
23 this provision should be interpreted as a limitation on the
24 authority of the Attorney General to require additional
25 information that he may find to be necessary to evaluate
26 requests sent him pursuant to this provision.
27 (c) Claims or accounts receivable of less than $1,000
28 may be certified as uncollectible by the agency when the
29 agency determines that further collection efforts are not in
30 the best economic interest of the State. Such determination
31 shall be made in accordance with rules of the Comptroller.
32 (d) If any item of information required by this
33 provision or any item of additional information required by
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1 the Attorney General is not available, the State agency shall
2 specifically so state in its request to the Attorney General
3 asking that the debt be declared uncollectible.
4 (e) A State agency participating in a federal student
5 loan program may remove student loans from its records by
6 assigning or referring such student loans to the federal
7 government for collection pursuant to the procedures
8 prescribed by federal laws and regulations.
9 (f) Claims and receivables due from another State agency
10 may be written off if the agency has pursued all reasonable
11 means of collection and if the amount (1) is payable from an
12 appropriation which has lapsed; (2) may not properly be
13 charged against a current appropriation; and (3) was not
14 originally payable from federal funds, a trust fund or
15 locally held funds. Each agency which writes off claims or
16 receivables pursuant to this subparagraph shall submit a
17 listing of all such write-offs to the Comptroller within 60
18 days of taking such action.
19 (g) Debts certified as uncollectible may be reopened for
20 collection by an agency upon the approval of the Attorney
21 General.
22 (h) Agencies shall submit a list of debts certified as
23 uncollectible to the Comptroller in the form and manner
24 specified by the Comptroller. The Comptroller shall take
25 reasonable steps to accept information on agency computer
26 tapes.
27 (i) After compliance with all provisions of this
28 Section, an agency may delete from its records debts
29 certified as uncollectible as follows:
30 (1) When the debt is less than $1,000, immediately upon
31 certification by the agency;
32 (2) For debts of $1,000 or more that are less than 5
33 years old, when the agency determines pursuant to rules and
34 regulations promulgated by the Comptroller that such deletion
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1 is in the best economic interest of the State;
2 (3) For debts of $1,000 or more when, the debt is more
3 than 5 years old.
4 (j) The Attorney General shall report to the General
5 Assembly by February 1 of each year the following:
6 (1) the total number and dollar amount of debts referred
7 to him for collection in the preceding calendar year;
8 (2) the total amount actually collected;
9 (3) the number of cases by agency.
10 (k) Each State agency shall report in its annual report
11 the total amount and the number of claims due and payable to
12 the State. Each agency shall also describe in its annual
13 report the method used in collecting debts, whether by a
14 private collection service or by the Attorney General.
15 (1) The provisions of Section 95-250 39c of the
16 Department of Revenue Law (20 ILCS 2505/95-250) Civil
17 Administrative Code of Illinois take precedence over the
18 provisions of this Section.
19 (Source: P.A. 84-1308; 84-1344.)
20 Section 5-200. The State Officers and Employees Money
21 Disposition Act is amdnded by changing Section 2 as follows:
22 (30 ILCS 230/2) (from Ch. 127, par. 171)
23 Sec. 2. (a) Every officer, board, commission,
24 commissioner, department, institution, arm or agency brought
25 within the provisions of this Act by Section 1 hereof shall
26 keep in proper books a detailed itemized account of all
27 moneys received for or on behalf of the State, showing the
28 date of receipt, the payor, and purpose and amount, and the
29 date and manner of disbursement as hereinafter provided, and,
30 unless a different time of payment is expressly provided by
31 law or by rules or regulations promulgated under subsection
32 (b) of this Section, shall pay into the State treasury the
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1 gross amount of money so received on the day of actual
2 physical receipt with respect to any single item of receipt
3 exceeding $10,000, within 24 hours of actual physical receipt
4 with respect to an accumulation of receipts of $10,000 or
5 more, or within 48 hours of actual physical receipt with
6 respect to an accumulation of receipts exceeding $500 but
7 less than $10,000, disregarding holidays, Saturdays and
8 Sundays, after the receipt of same, without any deduction on
9 account of salaries, fees, costs, charges, expenses or claims
10 of any description whatever; provided that the provisions of
11 Section 95-475 39b32 of the Department of Revenue Law (20
12 ILCS 2505/95-475) Civil Administrative Code of Illinois,
13 approved March 7, 1917, as amended, and the provisions of any
14 specific taxing statute authorizing a claim for credit
15 procedure instead of the actual making of refunds, and the
16 provisions of Section 505 of "The Illinois Controlled
17 Substances Act", approved August 16, 1971, as amended,
18 authorizing the Director of State Police to dispose of
19 forfeited property, which includes the sale and disposition
20 of the proceeds of the sale of forfeited property, and the
21 Department of Central Management Services to be reimbursed
22 for costs incurred with the sales of forfeited vehicles,
23 boats or aircraft and to pay to bona fide or innocent
24 purchasers, conditional sales vendors or mortgagees of such
25 vehicles, boats or aircraft their interest in such vehicles,
26 boats or aircraft, and the provisions of Section 6b-2 of An
27 Act in relation to State finance, approved June 10, 1919, as
28 amended, establishing procedures for handling cash receipts
29 from the sale of pari-mutuel wagering tickets, shall not be
30 deemed to be in conflict with the requirements of this
31 Section; provided, further that any fees received by the
32 State Registrar of Vital Records pursuant to the Vital
33 Records Act which are insufficient in amount may be returned
34 by the Registrar as provided in that Act; provided, further
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1 that any fees received by the Department of Public Health
2 under the Food Handling Regulation Enforcement Act that are
3 submitted for renewal of an expired food service sanitation
4 manager certificate may be returned by the Director as
5 provided in that Act; provided, further that if the amount of
6 money received does not exceed $500, such money may be
7 retained and need not be paid into the State treasury until
8 the total amount of money so received exceeds $500, or until
9 the next succeeding 1st or 15th day of each month (or until
10 the next business day if these days fall on Sunday or a
11 holiday), whichever is earlier, at which earlier time such
12 money shall be paid into the State treasury, except that if a
13 local bank or savings and loan association account has been
14 authorized by law, any balances shall be paid into the State
15 treasury on Monday of each week if more than $500 is to be
16 deposited in any fund. Single items of receipt exceeding
17 $10,000 received after 2 p.m. on a working day may be deemed
18 to have been received on the next working day for purposes of
19 fulfilling the requirement that the item be deposited on the
20 day of actual physical receipt. No money belonging to or
21 left for the use of the State shall be expended or applied
22 except in consequence of an appropriation made by law and
23 upon the warrant of the State Comptroller. However, payments
24 made by the Comptroller to persons receiving benefit payments
25 under the State pension systems and to individuals receiving
26 assistance under Article III of "The Illinois Public Aid
27 Code" by direct deposit need not be made upon the warrant of
28 the Comptroller, but if not made upon a warrant, shall be
29 made in accordance with Section 9.02 of the "State
30 Comptroller Act". All moneys so paid into the State treasury
31 shall, unless required by some statute to be held in the
32 State treasury in a separate or special fund, be covered into
33 the general revenue fund into the State treasury. Moneys
34 received in the form of checks, drafts or similar instruments
-485- LRB9000008DJcc
1 shall be properly endorsed, if necessary, and delivered to
2 the State Treasurer for collection. The State Treasurer shall
3 remit such collected funds to the depositing officer, board,
4 commission, commissioner, department, institution, arm or
5 agency by Treasurers Draft. Said draft shall be remitted to
6 the Comptroller to be ordered into the appropriate fund.
7 (b) Different time periods for the payment of public
8 funds into the State treasury or to the State Treasurer, in
9 excess of the periods established in subsection (a) of this
10 Section, but not in excess of 30 days after receipt of such
11 funds, may be established and revised from time to time by
12 rules or regulations promulgated jointly by the State
13 Treasurer and the State Comptroller in accordance with "The
14 Illinois Administrative Procedure Act", approved September
15 22, 1975, as amended. The different time periods established
16 by rule or regulation under this subsection may vary
17 according to the nature and amounts of the funds received,
18 the locations at which the funds are received, whether
19 compliance with the deposit requirements specified in
20 subsection (a) of this Section would be cost effective, and
21 such other circumstances and conditions as the promulgating
22 authorities consider to be appropriate. The Treasurer and the
23 Comptroller shall review all such different time periods
24 established pursuant to this subsection every 2 years from
25 the establishment thereof and upon such review, unless it is
26 determined that it is economically unfeasible for the agency
27 to comply with the provisions of subsection (a), repeal such
28 different time period.
29 (Source: P.A. 89-641, eff. 8-9-96.)
30 Section 5-205. The General Obligation Bond Act is amended
31 by changing Section 4 as follows:
32 (30 ILCS 330/4) (from Ch. 127, par. 654)
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1 Sec. 4. Transportation. The amount of $2,336,500,000 is
2 authorized for use by the Department of Transportation for
3 the specific purpose of promoting and assuring rapid,
4 efficient, and safe highway, air and mass transportation for
5 the inhabitants of the State by providing monies, including
6 the making of grants and loans, for the acquisition,
7 construction, reconstruction, extension and improvement of
8 the following transportation facilities and equipment, and
9 for the acquisition of real property and interests in real
10 property required or expected to be required in connection
11 therewith as follows:
12 (a) $1,411,000,000 for State highways, arterial
13 highways, freeways, roads, bridges, structures separating
14 highways and railroads and roads, and bridges on roads
15 maintained by counties, municipalities, townships or road
16 districts for the following specific purposes:
17 (1) $1,310,000,000 for use statewide,
18 (2) $3,641,000 for use outside the Chicago
19 urbanized area,
20 (3) $7,543,000 for use within the Chicago urbanized
21 area,
22 (4) $13,060,600 for use within the City of Chicago,
23 (5) $57,894,500 for use within the counties of
24 Cook, DuPage, Kane, Lake, McHenry and Will, and
25 (6) $18,860,900 for use outside the counties of
26 Cook, DuPage, Kane, Lake, McHenry and Will.
27 (b) $735,500,000 for mass transit facilities, as defined
28 in Section 105-305 49.19 of the Department of Transportation
29 Law (20 ILCS 2705/105-305) Civil Administrative Code of
30 Illinois, including rapid transit, rail, bus and other
31 equipment used in connection therewith by the State or any
32 unit of local government, special transportation district,
33 municipal corporation or other corporation or public
34 authority authorized to provide and promote public
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1 transportation within the State or two or more of the
2 foregoing jointly, for the following specific purposes:
3 (1) $641,500,000 statewide,
4 (2) $82,000,000 for use within the counties of
5 Cook, DuPage, Kane, Lake, McHenry and Will,
6 (3) $12,000,000 for use outside the counties of
7 Cook, DuPage, Kane, Lake, McHenry and Will.
8 (c) $190,000,000 for airport or aviation facilities and
9 any equipment used in connection therewith, including
10 engineering and land acquisition costs, by the State or any
11 unit of local government, special transportation district,
12 municipal corporation or other corporation or public
13 authority authorized to provide public transportation within
14 the State, or two or more of the foregoing acting jointly.
15 (Source: P.A. 88-552; 89-235, eff. 8-4-95.)
16 Section 5-210. The Illinois Purchasing Act is amended by
17 changing Section 5.1 as follows:
18 (30 ILCS 505/5.1) (from Ch. 127, par. 132.5-1)
19 Sec. 5.1. Multiyear Contracts for Tangible Personal
20 Property.
21 (a) State agencies may enter into multiyear contracts
22 for the lease, lease purchase, or purchase of tangible
23 personal property only as provided in this Section.
24 (b) Every multiyear contract entered into pursuant to
25 this Section shall:
26 (1) recite that the contract is subject to
27 termination and cancellation without any penalty,
28 accelerated payment, or other recoupment mechanism, in
29 any fiscal year for which the General Assembly fails to
30 make an adequate appropriation to cover the agency's
31 procurement obligations;
32 (2) be in accordance with the rules and regulations
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1 required by Section 5;
2 (3) be limited to a term of not more than 3 years
3 except as otherwise provided in subsection (c).
4 (c) The following types of tangible personal property
5 may be the subject of a multiyear contract in excess of 3
6 years, but not longer than the generally accepted useful life
7 of the property:
8 (1) Telecommunications, duplicating, electronic
9 data processing, scientific, research and medical
10 equipment, for terms not longer than 7 years; except that
11 utilities equipment and fuels may be the subject of a
12 multiyear contract for terms not longer than 10 years.
13 (2) Large trucks, heavy road equipment or
14 construction equipment, aircraft and major farm
15 equipment, for terms not longer than 7 years.
16 (d) However, any contract for tangible personal property
17 for use by agencies responsible to the Governor shall be
18 entered into or authorized by the Director of Central
19 Management Services, pursuant to Sections 25-10 35.3 and
20 25-20 35.7 of the Department of Central Management Services
21 Law (20 ILCS 405/25-10 and 405/25-20) Civil Administrative
22 Code of Illinois.
23 The Director of Central Management Services may authorize
24 a multiyear lease, lease purchase or purchase of any tangible
25 personal property for periods of up to 5 years as an
26 exception to the purchase periods established in this
27 Section, on a case by case basis, by filing a purchase
28 exception affidavit with the Auditor General stating the
29 basic facts requiring the exception; stating why the
30 exception is necessary; and presenting a financial analysis
31 and justification supporting the exception. The Auditor
32 General shall quarterly report all purchase exception
33 affidavits received by the Auditor General to the Legislative
34 Audit Commission and the Governor.
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1 (Source: P.A. 87-1113; 88-494.)
2 Section 5-215. The Downstate Public Transportation Act is
3 amended by changing Section 2-7 as follows:
4 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
5 Sec. 2-7. Quarterly reports; annual audit.
6 (a) Any Metro-East Transit District participant shall,
7 no later than 30 days following the end of each month of any
8 fiscal year, file with the Department on forms provided by
9 the Department for that purpose, a report of the actual
10 operating deficit experienced during that quarter. The
11 Department shall, upon receipt of the quarterly report, and
12 upon determining that such operating deficits were incurred
13 in conformity with the program of proposed expenditures
14 approved by the Department pursuant to Section 2-11, pay to
15 any Metro-East Transit District participant such portion of
16 such operating deficit as funds have been transferred to the
17 Metro-East Transit Public Transportation Fund and allocated
18 to that Metro-East Transit District participant.
19 (b) Each participant other than any Metro-East Transit
20 District participant shall, 30 days before the end of each
21 quarter, file with the Department on forms provided by the
22 Department for such purposes a report of the projected
23 eligible operating expenses to be incurred in the next
24 quarter and 30 days before the third and fourth quarters of
25 any fiscal year a statement of actual eligible operating
26 expenses incurred in the preceding quarters. Within 45 days
27 of receipt by the Department of such quarterly report, the
28 Comptroller shall order paid and the Treasurer shall pay from
29 the Downstate Public Transportation Fund to each participant
30 an amount equal to one-third of such participant's eligible
31 operating expenses; provided, however, that in Fiscal Year
32 1997, the amount paid to each participant from the Downstate
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1 Public Transportation Fund shall be an amount equal to 47% of
2 such participant's eligible operating expenses and shall be
3 increased to 49% in Fiscal Year 1998, 51% in Fiscal Year
4 1999, 53% in Fiscal Year 2000, and 55% in Fiscal Year 2001
5 and thereafter; however, in any year that a participant
6 receives funding under subsection (i) paragraph (9) of
7 Section 105-305 49.19 of the Department of Transportation Law
8 (20 ILCS 2705/105-305) Civil Administrative Code of Illinois,
9 that participant shall be eligible only for assistance equal
10 to the following percentage of its eligible operating
11 expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998,
12 46% in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in
13 Fiscal Year 2001 and thereafter. Any such payment for the
14 third and fourth quarters of any fiscal year shall be
15 adjusted to reflect actual eligible operating expenses for
16 preceding quarters of such fiscal year. However, no
17 participant shall receive an amount less than that which was
18 received in the immediate prior year, provided in the event
19 of a shortfall in the fund those participants receiving less
20 than their full allocation pursuant to Section 6 of this
21 Article shall be the first participants to receive an amount
22 not less than that received in the immediate prior year.
23 (c) No later than 180 days following the last day of the
24 Fiscal Year each participant shall provide the Department
25 with an audit prepared by a Certified Public Accountant
26 covering that Fiscal Year. Any discrepancy between the
27 grants paid and one-third of the eligible operating expenses
28 or in the case of the Bi-State Metropolitan Development
29 District the approved program amount shall be reconciled by
30 appropriate payment or credit. Beginning in Fiscal Year 1985,
31 for those participants other than the Bi-State Metropolitan
32 Development District, any discrepancy between the grants paid
33 and the percentage of the eligible operating expenses
34 provided for by paragraph (b) of this Section shall be
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1 reconciled by appropriate payment or credit.
2 (Source: P.A. 89-598, eff. 8-1-96.)
3 Section 5-220. The Illinois Income Tax Act is amended by
4 changing Section 901 as follows:
5 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
6 Sec. 901. Collection Authority.
7 (a) In general.
8 The Department shall collect the taxes imposed by this
9 Act. The Department shall collect certified past due child
10 support amounts under Section 95-650 39b52 of the Department
11 of Revenue Law (20 ILCS 2505/95-650) Civil Administrative
12 Code of Illinois. Except as provided in subsections (c) and
13 (e) of this Section, money collected pursuant to subsections
14 (a) and (b) of Section 201 of this Act shall be paid into the
15 General Revenue Fund in the State treasury; money collected
16 pursuant to subsections (c) and (d) of Section 201 of this
17 Act shall be paid into the Personal Property Tax Replacement
18 Fund, a special fund in the State Treasury; and money
19 collected under Section 95-650 39b52 of the Department of
20 Revenue Law (20 ILCS 2505/95-650) Civil Administrative Code
21 of Illinois shall be paid into the Child Support Enforcement
22 Trust Fund, a special fund outside the State Treasury.
23 (b) Local Governmental Distributive Fund.
24 Beginning August 1, 1969, and continuing through June 30,
25 1994, the Treasurer shall transfer each month from the
26 General Revenue Fund to a special fund in the State treasury,
27 to be known as the "Local Government Distributive Fund", an
28 amount equal to 1/12 of the net revenue realized from the tax
29 imposed by subsections (a) and (b) of Section 201 of this Act
30 during the preceding month. Beginning July 1, 1994, and
31 continuing through June 30, 1995, the Treasurer shall
32 transfer each month from the General Revenue Fund to the
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1 Local Government Distributive Fund an amount equal to 1/11 of
2 the net revenue realized from the tax imposed by subsections
3 (a) and (b) of Section 201 of this Act during the preceding
4 month. Beginning July 1, 1995, the Treasurer shall transfer
5 each month from the General Revenue Fund to the Local
6 Government Distributive Fund an amount equal to 1/10 of the
7 net revenue realized from the tax imposed by subsections (a)
8 and (b) of Section 201 of the Illinois Income Tax Act during
9 the preceding month. Net revenue realized for a month shall
10 be defined as the revenue from the tax imposed by subsections
11 (a) and (b) of Section 201 of this Act which is deposited in
12 the General Revenue Fund, the Educational Assistance Fund and
13 the Income Tax Surcharge Local Government Distributive Fund
14 during the month minus the amount paid out of the General
15 Revenue Fund in State warrants during that same month as
16 refunds to taxpayers for overpayment of liability under the
17 tax imposed by subsections (a) and (b) of Section 201 of this
18 Act.
19 (c) Deposits Into Income Tax Refund Fund.
20 (1) Beginning on January 1, 1989 and thereafter,
21 the Department shall deposit a percentage of the amounts
22 collected pursuant to subsections (a) and (b)(1), (2),
23 and (3), of Section 201 of this Act into a fund in the
24 State treasury known as the Income Tax Refund Fund. The
25 Department shall deposit 6% of such amounts during the
26 period beginning January 1, 1989 and ending on June 30,
27 1989. Beginning with State fiscal year 1990 and for each
28 fiscal year thereafter, the percentage deposited into the
29 Income Tax Refund Fund during a fiscal year shall be the
30 Annual Percentage. The Annual Percentage shall be
31 calculated as a fraction, the numerator of which shall be
32 the amount of refunds approved for payment by the
33 Department during the preceding fiscal year as a result
34 of overpayment of tax liability under subsections (a) and
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1 (b)(1), (2), and (3) of Section 201 of this Act plus the
2 amount of such refunds remaining approved but unpaid at
3 the end of the preceding fiscal year minus any surplus
4 which remains on deposit in the Income Tax Refund Fund at
5 the end of the preceding year, the denominator of which
6 shall be the amounts which will be collected pursuant to
7 subsections (a) and (b)(1), (2), and (3) of Section 201
8 of this Act during the preceding fiscal year. The
9 Director of Revenue shall certify the Annual Percentage
10 to the Comptroller on the last business day of the fiscal
11 year immediately preceding the fiscal year for which is
12 it to be effective.
13 (2) Beginning on January 1, 1989 and thereafter,
14 the Department shall deposit a percentage of the amounts
15 collected pursuant to subsections (a) and (b)(6), (7),
16 and (8), (c) and (d) of Section 201 of this Act into a
17 fund in the State treasury known as the Income Tax Refund
18 Fund. The Department shall deposit 18% of such amounts
19 during the period beginning January 1, 1989 and ending on
20 June 30, 1989. Beginning with State fiscal year 1990 and
21 for each fiscal year thereafter, the percentage deposited
22 into the Income Tax Refund Fund during a fiscal year
23 shall be the Annual Percentage. The Annual Percentage
24 shall be calculated as a fraction, the numerator of which
25 shall be the amount of refunds approved for payment by
26 the Department during the preceding fiscal year as a
27 result of overpayment of tax liability under subsections
28 (a) and (b)(6), (7), and (8), (c) and (d) of Section 201
29 of this Act plus the amount of such refunds remaining
30 approved but unpaid at the end of the preceding fiscal
31 year, the denominator of which shall be the amounts which
32 will be collected pursuant to subsections (a) and (b)(6),
33 (7), and (8), (c) and (d) of Section 201 of this Act
34 during the preceding fiscal year. The Director of
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1 Revenue shall certify the Annual Percentage to the
2 Comptroller on the last business day of the fiscal year
3 immediately preceding the fiscal year for which it is to
4 be effective.
5 (d) Expenditures from Income Tax Refund Fund.
6 (1) Beginning January 1, 1989, money in the Income
7 Tax Refund Fund shall be expended exclusively for the
8 purpose of paying refunds resulting from overpayment of
9 tax liability under Section 201 of this Act and for
10 making transfers pursuant to this subsection (d).
11 (2) The Director shall order payment of refunds
12 resulting from overpayment of tax liability under Section
13 201 of this Act from the Income Tax Refund Fund only to
14 the extent that amounts collected pursuant to Section 201
15 of this Act and transfers pursuant to this subsection (d)
16 have been deposited and retained in the Fund.
17 (3) On the last business day of each fiscal year,
18 the Director shall order transferred and the State
19 Treasurer and State Comptroller shall transfer from the
20 Income Tax Refund Fund to the Personal Property Tax
21 Replacement Fund an amount, certified by the Director to
22 the Comptroller, equal to the excess of the amount
23 collected pursuant to subsections (c) and (d) of Section
24 201 of this Act deposited into the Income Tax Refund Fund
25 during the fiscal year over the amount of refunds
26 resulting from overpayment of tax liability under
27 subsections (c) and (d) of Section 201 of this Act paid
28 from the Income Tax Refund Fund during the fiscal year.
29 (4) On the last business day of each fiscal year,
30 the Director shall order transferred and the State
31 Treasurer and State Comptroller shall transfer from the
32 Personal Property Tax Replacement Fund to the Income Tax
33 Refund Fund an amount, certified by the Director to the
34 Comptroller, equal to the excess of the amount of refunds
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1 resulting from overpayment of tax liability under
2 subsections (c) and (d) of Section 201 of this Act paid
3 from the Income Tax Refund Fund during the fiscal year
4 over the amount collected pursuant to subsections (c) and
5 (d) of Section 201 of this Act deposited into the Income
6 Tax Refund Fund during the fiscal year.
7 (5) This Act shall constitute an irrevocable and
8 continuing appropriation from the Income Tax Refund Fund
9 for the purpose of paying refunds upon the order of the
10 Director in accordance with the provisions of this
11 Section.
12 (e) Deposits into the Education Assistance Fund and the
13 Income Tax Surcharge Local Government Distributive Fund.
14 On July 1, 1991, and thereafter, of the amounts collected
15 pursuant to subsections (a) and (b) of Section 201 of this
16 Act, minus deposits into the Income Tax Refund Fund, the
17 Department shall deposit 7.3% into the Education Assistance
18 Fund in the State Treasury. Beginning July 1, 1991, and
19 continuing through January 31, 1993, of the amounts collected
20 pursuant to subsections (a) and (b) of Section 201 of the
21 Illinois Income Tax Act, minus deposits into the Income Tax
22 Refund Fund, the Department shall deposit 3.0% into the
23 Income Tax Surcharge Local Government Distributive Fund in
24 the State Treasury. Beginning February 1, 1993 and
25 continuing through June 30, 1993, of the amounts collected
26 pursuant to subsections (a) and (b) of Section 201 of the
27 Illinois Income Tax Act, minus deposits into the Income Tax
28 Refund Fund, the Department shall deposit 4.4% into the
29 Income Tax Surcharge Local Government Distributive Fund in
30 the State Treasury. Beginning July 1, 1993, and continuing
31 through June 30, 1994, of the amounts collected under
32 subsections (a) and (b) of Section 201 of this Act, minus
33 deposits into the Income Tax Refund Fund, the Department
34 shall deposit 1.475% into the Income Tax Surcharge Local
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1 Government Distributive Fund in the State Treasury.
2 (Source: P.A. 88-89; 89-6, eff. 12-31-95.)
3 Section 5-225. The Hotel Operators' Occupation Tax Act
4 is amended by changing Section 6 as follows:
5 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
6 Sec. 6. Except as provided hereinafter in this Section,
7 on or before the last day of each calendar month, every
8 person engaged in the business of renting, leasing or letting
9 rooms in a hotel in this State during the preceding calendar
10 month shall file a return with the Department, stating:
11 1. The name of the operator;
12 2. His residence address and the address of his
13 principal place of business and the address of the
14 principal place of business (if that is a different
15 address) from which he engages in the business of
16 renting, leasing or letting rooms in a hotel in this
17 State;
18 3. Total amount of rental receipts received by him
19 during the preceding calendar month from renting, leasing
20 or letting rooms during such preceding calendar month;
21 4. Total amount of rental receipts received by him
22 during the preceding calendar month from renting, leasing
23 or letting rooms to permanent residents during such
24 preceding calendar month;
25 5. Total amount of other exclusions from gross
26 rental receipts allowed by this Act;
27 6. Gross rental receipts which were received by him
28 during the preceding calendar month and upon the basis of
29 which the tax is imposed;
30 7. The amount of tax due;
31 8. Such other reasonable information as the
32 Department may require.
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1 If the operator's average monthly tax liability to the
2 Department does not exceed $200, the Department may authorize
3 his returns to be filed on a quarter annual basis, with the
4 return for January, February and March of a given year being
5 due by April 30 of such year; with the return for April, May
6 and June of a given year being due by July 31 of such year;
7 with the return for July, August and September of a given
8 year being due by October 31 of such year, and with the
9 return for October, November and December of a given year
10 being due by January 31 of the following year.
11 If the operator's average monthly tax liability to the
12 Department does not exceed $50, the Department may authorize
13 his returns to be filed on an annual basis, with the return
14 for a given year being due by January 31 of the following
15 year.
16 Such quarter annual and annual returns, as to form and
17 substance, shall be subject to the same requirements as
18 monthly returns.
19 Notwithstanding any other provision in this Act
20 concerning the time within which an operator may file his
21 return, in the case of any operator who ceases to engage in a
22 kind of business which makes him responsible for filing
23 returns under this Act, such operator shall file a final
24 return under this Act with the Department not more than 1
25 month after discontinuing such business.
26 Where the same person has more than 1 business registered
27 with the Department under separate registrations under this
28 Act, such person shall not file each return that is due as a
29 single return covering all such registered businesses, but
30 shall file separate returns for each such registered
31 business.
32 In his return, the operator shall determine the value of
33 any consideration other than money received by him in
34 connection with the renting, leasing or letting of rooms in
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1 the course of his business and he shall include such value in
2 his return. Such determination shall be subject to review
3 and revision by the Department in the manner hereinafter
4 provided for the correction of returns.
5 Where the operator is a corporation, the return filed on
6 behalf of such corporation shall be signed by the president,
7 vice-president, secretary or treasurer or by the properly
8 accredited agent of such corporation.
9 The person filing the return herein provided for shall,
10 at the time of filing such return, pay to the Department the
11 amount of tax herein imposed. The operator filing the return
12 under this Section shall, at the time of filing such return,
13 pay to the Department the amount of tax imposed by this Act
14 less a discount of 2.1% or $25 per calendar year, whichever
15 is greater, which is allowed to reimburse the operator for
16 the expenses incurred in keeping records, preparing and
17 filing returns, remitting the tax and supplying data to the
18 Department on request.
19 There shall be deposited in the Build Illinois Fund in
20 the State Treasury for each State fiscal year 40% of the
21 amount of total net proceeds from the tax imposed by
22 subsection (a) of Section 3. Of the remaining 60%, $5,000,000
23 shall be deposited in the Illinois Sports Facilities Fund and
24 credited to the Subsidy Account each fiscal year by making
25 monthly deposits in the amount of 1/8 of $5,000,000 plus
26 cumulative deficiencies in such deposits for prior months,
27 and an additional $8,000,000 shall be deposited in the
28 Illinois Sports Facilities Fund and credited to the Advance
29 Account each fiscal year by making monthly deposits in the
30 amount of 1/8 of $8,000,000 plus any cumulative deficiencies
31 in such deposits for prior months. (The deposits of the
32 additional $8,000,000 during each fiscal year shall be
33 treated as advances of funds to the Illinois Sports
34 Facilities Authority for its corporate purposes to the extent
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1 paid to the Authority or its trustee and shall be repaid into
2 the General Revenue Fund in the State Treasury by the State
3 Treasurer on behalf of the Authority solely from collections
4 of the tax imposed by the Authority pursuant to Section 19 of
5 the Illinois Sports Facilities Act, as amended.)
6 Of the remaining 60% of the amount of total net proceeds
7 from the tax imposed by subsection (a) of Section 3 after all
8 required deposits in the Illinois Sports Facilities Fund, the
9 amount appropriated, not to exceed $8,000,000 each fiscal
10 year, shall be deposited in the Local Tourism Fund by making
11 monthly deposits in the amount of 1/12 of $8,000,000 or 1/12
12 of the amount appropriated for purposes authorized by Section
13 35-705 46.6a of the Department of Commerce and Community
14 Affairs Law (20 ILCS 605/35-705) Civil Administrative Code of
15 Illinois in the Local Tourism Fund.
16 After making all these deposits, all other proceeds of
17 the tax imposed under subsection (a) of Section 3 shall be
18 deposited in the General Revenue Fund in the State Treasury.
19 All moneys received by the Department from the additional tax
20 imposed under subsection (b) of Section 3 shall be deposited
21 into the Build Illinois Fund in the State Treasury.
22 The Department may, upon separate written notice to a
23 taxpayer, require the taxpayer to prepare and file with the
24 Department on a form prescribed by the Department within not
25 less than 60 days after receipt of the notice an annual
26 information return for the tax year specified in the notice.
27 Such annual return to the Department shall include a
28 statement of gross receipts as shown by the operator's last
29 State income tax return. If the total receipts of the
30 business as reported in the State income tax return do not
31 agree with the gross receipts reported to the Department for
32 the same period, the operator shall attach to his annual
33 information return a schedule showing a reconciliation of the
34 2 amounts and the reasons for the difference. The operator's
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1 annual information return to the Department shall also
2 disclose pay roll information of the operator's business
3 during the year covered by such return and any additional
4 reasonable information which the Department deems would be
5 helpful in determining the accuracy of the monthly, quarterly
6 or annual tax returns by such operator as hereinbefore
7 provided for in this Section.
8 If the annual information return required by this Section
9 is not filed when and as required the taxpayer shall be
10 liable for a penalty in an amount determined in accordance
11 with Section 3-4 of the Uniform Penalty and Interest Act
12 until such return is filed as required, the penalty to be
13 assessed and collected in the same manner as any other
14 penalty provided for in this Act.
15 The chief executive officer, proprietor, owner or highest
16 ranking manager shall sign the annual return to certify the
17 accuracy of the information contained therein. Any person
18 who willfully signs the annual return containing false or
19 inaccurate information shall be guilty of perjury and
20 punished accordingly. The annual return form prescribed by
21 the Department shall include a warning that the person
22 signing the return may be liable for perjury.
23 The foregoing portion of this Section concerning the
24 filing of an annual information return shall not apply to an
25 operator who is not required to file an income tax return
26 with the United States Government.
27 (Source: P.A. 87-205; 88-194; 88-465; 88-670, eff. 12-2-94.)
28 Section 5-230. The Interstate Mining Compact Act is
29 amended by changing Section 2 as follows:
30 (45 ILCS 50/2) (from Ch. 96 1/2, par. 4712)
31 Sec. 2. The State mining board established by Section
32 5-155 5.04 of "the Departments of State Government Law (20
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1 ILCS 5/5-155) Civil Administrative Code of Illinois",
2 approved March 7, 1917, as amended, is designated the
3 advisory body referred to in Article V (a) of the Interstate
4 Mining Compact. No member of the Board shall receive any
5 compensation on account of duties established by this Act,
6 but any such member shall be entitled to reimbursement for
7 expenses actually incurred by him in connection with his
8 service as the Governor's alternate on the Interstate Mining
9 Commission.
10 (Source: P.A. 79-231.)
11 Section 5-235. The Industrial Building Revenue Bond Act
12 is amended by changing Section 2 as follows:
13 (50 ILCS 445/2) (from Ch. 85, par. 872)
14 Sec. 2. Definitions. In this Act, unless a different
15 meaning clearly appears from the context:
16 (a) "Authority" means any county, county public building
17 commission in a county bordered by the Mississippi River and
18 having a population greater than 260,000, municipality, or
19 airport authority or port district in this State. "Authority"
20 also means a river conservancy district wholly contained
21 within 2 counties, in which district there are at least 3
22 municipalities each having a population of 5,000 or more
23 within the district.
24 (b) "Industrial project" means any (1) capital project,
25 comprising of one or more buildings and other structures,
26 improvements, machinery and equipment, whether or not on the
27 same site or sites now existing or hereafter acquired,
28 suitable for use by any manufacturing, industrial, research,
29 transportation or commercial enterprise, including but not
30 limited to, use as a factory, mill, processing plant,
31 assembly plant, packaging plant, fabricating plant, office
32 building, industrial distribution center, warehouse, repair,
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1 overhaul or service facility, freight terminal, research
2 facility, test facility, railroad facility, commercial
3 facility, and including also the sites thereof and other
4 rights in land therefor whether improved or unimproved, site
5 preparation and landscaping, and all appurtenances and
6 facilities incidental thereto such as utilities, access
7 roads, railroad sidings, truck docking and similar
8 facilities, parking facilities, dockage, wharfage, railroad
9 roadbed, track, trestle, depot, terminal, switching and
10 signaling equipment or related equipment, and other
11 improvements necessary or convenient thereto; (2) any land,
12 buildings, machinery or equipment comprising an addition to
13 or renovation, rehabilitation or improvement of any existing
14 capital project; (3) construction, remodeling or conversion
15 of a structure to be leased to the Illinois Department of
16 Corrections for the purposes of its serving as a correctional
17 institution or facility pursuant to paragraph (c) of Section
18 3-2-2 of the Unified Code of Corrections; or (4)
19 construction, remodeling or conversion of a structure to be
20 leased to the Department of Central Management Services for
21 the purpose of serving as a State facility pursuant to
22 Section 25-320 67.25 of the Department of Central Management
23 Services Law (20 ILCS 405/25-320) Civil Administrative Code
24 of Illinois.
25 (Source: P.A. 87-244.)
26 Section 5-240. The Illinois Municipal Code is amended by
27 changing Sections 10-2.1-6.2, 11-4-4, and 11-74-2 as follows:
28 (65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
29 Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
30 Commissioners is authorized or required by law to consider
31 some aspect of criminal history record information for the
32 purpose of carrying out its statutory powers and
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1 responsibilities, then, upon request and payment of fees in
2 conformance with the requirements of subsection 22 of Section
3 100-400 55a of "the Department of State Police Law (20 ILCS
4 2605/100-400) Civil Administrative Code of Illinois", the
5 Department of State Police is authorized to furnish, pursuant
6 to positive identification, such information contained in
7 State files as is necessary to fulfill the request.
8 (Source: P.A. 86-610.)
9 (65 ILCS 5/11-4-4) (from Ch. 24, par. 11-4-4)
10 Sec. 11-4-4.
11 The board of inspectors shall serve without fee or
12 compensation. It shall be their duty to assure that the house
13 of correction is operated in accordance with the minimum
14 standards established by the Department of Corrections
15 pursuant to Section 3-15-2 of the Unified Code of Corrections
16 Section 55a of "The Civil Administrative Code of Illinois",
17 approved March 7, 1917, as now or hereafter amended. There
18 shall be a meeting of the entire board, at the house of
19 correction, once every 3 months. At such meeting the board
20 shall fully examine into the management in every department,
21 hear and determine all complaints or questions not within the
22 province of the superintendent to determine, and make such
23 further rules and regulations for the good government of the
24 house of correction as to them shall seem proper and
25 necessary. One of the appointed inspectors shall visit the
26 house of correction at least once in each month. All rules,
27 regulations or other orders of the board shall be recorded in
28 a book to be kept for that purpose, which shall be deemed a
29 public record, and, with the other books and records of the
30 house of correction, shall be at all times subject to the
31 examination of any member or committee of the corporate
32 authorities, the comptroller, treasurer, corporation counsel
33 or attorney of any such city.
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1 (Source: P.A. 77-869.)
2 (65 ILCS 5/11-74-2) (from Ch. 24, par. 11-74-2)
3 Sec. 11-74-2. Whenever used in this Division 74, unless a
4 different meaning clearly appears from the context:
5 (1) "Industrial project" means any (a) capital project,
6 including one or more buildings and other structures,
7 improvements, machinery and equipment whether or not on the
8 same site or sites now existing or hereafter acquired,
9 suitable for use by any manufacturing, industrial, research,
10 transportation or commercial enterprise, including but not
11 limited to, use as a factory, mill, processing plant,
12 assembly plant, packaging plant, fabricating plant, office
13 building, industrial distribution center, warehouse, repair,
14 overhaul or service facility, freight terminal, research
15 facility, test facility, railroad facility, commercial
16 facility, and including also the sites thereof and other
17 rights in land therefor whether improved or unimproved, site
18 preparation and landscaping, and all appurtenances and
19 facilities incidental thereto such as utilities, access
20 roads, railroad sidings, truck docking and similar
21 facilities, parking facilities, dockage, wharfage, and other
22 improvements necessary or convenient thereto; or (b) any
23 land, buildings, machinery or equipment comprising an
24 addition to, or renovation, rehabilitation or improvement of
25 any existing capital project; (c) construction, remodeling or
26 conversion of a structure to be leased to the Illinois
27 Department of Corrections for the purposes of its serving as
28 a correctional institution or facility prusuant to paragraph
29 (c) of Section 3-2-2 of the Unified Code of Corrections; or
30 (d) construction, remodeling or conversion of a structure to
31 be leased to the Department of Central Management Services
32 for the purpose of serving as a State facility pursuant to
33 Section 25-320 67.25 of the Department of Central Management
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1 Services Law (20 ILCS 405/25-320) Civil Administrative Code
2 of Illinois.
3 (2) "Municipality" includes any city, village or
4 incorporated town in this State.
5 (Source: P.A. 84-946.)
6 Section 5-245. The Illinois Medical District Act is
7 amended by changing Sections 4 and 5b as follows:
8 (70 ILCS 915/4) (from Ch. 111 1/2, par. 5005)
9 Sec. 4. The Commission may, in its corporate capacity,
10 construct or cause or permit to be constructed in such
11 District, hospitals, sanitariums, clinics, laboratories, or
12 any other institution, building or structure or other
13 ancillary or related facilities which the Commission may,
14 from time to time, determine are established and operated for
15 the carrying out of any aspect of the Commission's purpose as
16 set forth in this Act, or are established and operated for
17 the study, diagnosis, and treatment of human ailments and
18 injuries, whether physical or mental, or to promote medical,
19 surgical, and scientific research and knowledge, or for any
20 uses the Commission shall determine will support and nurture
21 facilities, and uses permitted by this Act, or for such
22 nursing, extended care, or other facilities as the Commission
23 shall find useful in the study of, research in, or treatment
24 of illnesses or infirmities peculiar to aged people, after a
25 public hearing to be held by any Commissioner or other person
26 authorized by the Commission to conduct the same, which
27 Commissioner or other person shall have the power to
28 administer oaths and affirmations and take the testimony of
29 witnesses and receive such documentary evidence as shall be
30 pertinent, the record of which hearing he shall certify to
31 the Commission, which record shall become part of the records
32 of the Commission, notice of the time, place, and purpose of
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1 such hearings to be given by a single publication notice in a
2 secular newspaper of general circulation in the city of
3 Chicago at least ten days prior to the date of such hearing,
4 or for such institutions as shall engage in the training,
5 education, or rehabilitation of persons who by reason of
6 illness or physical infirmity are wholly or partially
7 deprived of their powers of vision or hearing or of the use
8 of such other part or parts of their bodies as prevent them
9 from pursuing normal activities of life, or office buildings
10 for physicians or dealers in medical accessories, or
11 dormitories, homes or residences for the medical profession,
12 including interns, nurses, students or other officers or
13 employees of the institutions within the District, or for the
14 use of relatives of patients in the hospitals or other
15 institutions within the District, or for the rehabilitation
16 or establishment of residential structures within a currently
17 effective historic district properly designated under a
18 federal statute or a State or local statute that has been
19 certified by the Secretary of the Interior to the Secretary
20 of the Treasury as containing criteria which will
21 substantially achieve the purpose of preserving and
22 rehabilitating buildings of historic significance to the
23 district, or in the area of such District located west of
24 South Damen Avenue and north of West Polk Street, commonly
25 known as the Chicago Technology Park or such other areas of
26 the District as the Commission shall designate, for research,
27 development and resultant production, in any of the fields of
28 medicine, chemistry, pharmaceuticals, physics and genetically
29 engineered products, for biotechnology, information
30 technology, medical technology, or environmental technology,
31 or for the research and development of engineering or for
32 computer technology related to any of the purposes for which
33 the Commission may construct structures and improvements
34 within the District. All such structures and improvements
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1 shall be erected and constructed in accordance with Section
2 49 of the Civil Administrative Code of Illinois, and the
3 Illinois Purchasing Act, to the same extent as if the
4 Commission were a Code Department. The Commission shall
5 administer and exercise ultimate authority with respect to
6 the development and operation of the Chicago Technology Park,
7 and any extensions or expansion thereof. In addition, the
8 Commission may create a development area within the area of
9 the District located south of Roosevelt Road, called the
10 District Development Area in this Act. Within the District
11 Development Area the Commission may cause to be acquired or
12 constructed commercial and other types of development, public
13 and private, if the Commission determines that the commercial
14 developments are ancillary to and necessary for the support
15 of facilities within the District and any other purposes of
16 the District, after a public hearing held by a commissioner
17 or the person authorized by the Commission to conduct the
18 hearing. The Commissioner or other authorized persons shall
19 have the power to administer oaths and affirmations, take the
20 testimony of witnesses, receive pertinent evidence, and
21 certify the record of the hearing to the Commission. The
22 record of the hearing shall become part of the Commissions
23 records. Notice of the time, place, and purpose of the
24 hearing shall be given by a single publication notice in a
25 secular newspaper of general circulation in the City of
26 Chicago at least 10 days before the date of the hearing. In
27 addition to the powers set forth above, the Commission may
28 sell, lease, develop, operate, and manage for any person,
29 firm, partnership, or corporation, either public or private,
30 all or any part of the land, buildings, facilities,
31 equipment, or other property included in the District
32 Development Area and any medical research and high technology
33 park or the designated commercial development area upon the
34 terms and conditions the Commission may deem advisable, and
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1 may enter into any contract or agreement with any person,
2 firm, partnership, or corporation, either public or private,
3 or any combination of the foregoing, as may be necessary or
4 suitable for the creation, marketing, development,
5 construction, reconstruction, rehabilitation, financing,
6 operation and maintenance, and management of the District
7 Development Area and any technology park or designated
8 commercial development area; and may sell or lease to any
9 person, firm, partnership, or corporation, either public or
10 private, any part or all of the land, building, facilities,
11 equipment, or other property of the park or the designated
12 commercial development area upon the rentals, terms, and
13 conditions as the Commission may deem advisable; and may
14 finance all or part of the cost of the Commission's
15 development and operation of the District Development Area as
16 well as any park or the designated commercial development
17 area, including the creation, marketing, development,
18 purchase, lease, construction, reconstruction,
19 rehabilitation, improvement, remodeling, addition to,
20 extension, and maintenance of all or part of the high
21 technology park or the designated commercial development
22 area, and all equipment and furnishings, by legislative
23 appropriations, government grants, contracts, private gifts,
24 loans, bonds, receipts from the sale or lease of land for the
25 operation of the District and any high technology park or the
26 designated commercial development area, rentals, and similar
27 receipts or other sources of revenue legally available for
28 these purposes. The Commission also may defray the expenses
29 of the operation of the District Development Area and
30 technology park, improvements to the District Development
31 Area and technology park, provision of shared services,
32 common facilities and common area expenses, benefiting owners
33 and occupants of property within the District Development
34 Area and the technology park by general assessment, special
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1 assessment, or the imposition of service or user fees. As to
2 the entities eligible to be members of the advisory District
3 Member Council, such assessments or impositions may be
4 undertaken only with District Member Council consent as
5 provided in Section 8. For a period of 6 years after July 1,
6 1995, the Commission may acquire any real and personal
7 property within the Development Area of the District by
8 immediate vesting of title, commonly referred to as
9 "quick-take", pursuant to Sections 7-103 through 7-112 of the
10 Code of Civil Procedure.
11 (Source: P.A. 89-356, eff. 8-17-95.)
12 (70 ILCS 915/5b) (from Ch. 111 1/2, par. 5008)
13 Sec. 5b. The Department of Central Management Services
14 shall exercise the same powers in regard to the Commission as
15 it exercises for Code Departments under Section 25-15 35.4 of
16 the Department of Central Management Services Law (20 ILCS
17 405/25-15) Civil Administrative Code of Illinois.
18 (Source: P.A. 89-356, eff. 8-17-95.)
19 Section 5-250. The Regional Transportation Authority Act
20 is amended by changing Sections 4.01, 4.09, and 4.11 as
21 follows:
22 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
23 Sec. 4.01. Budget and Program.
24 (a) The Board shall control the finances of the
25 Authority. It shall by ordinance appropriate money to perform
26 the Authority's purposes and provide for payment of debts and
27 expenses of the Authority. Each year the Authority shall
28 prepare and publish a comprehensive annual budget and program
29 document describing the state of the Authority and presenting
30 for the forthcoming fiscal year the Authority's plans for
31 such operations and capital expenditures as the Authority
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1 intends to undertake and the means by which it intends to
2 finance them. The proposed program and budget shall contain a
3 statement of the funds estimated to be on hand at the
4 beginning of the fiscal year, the funds estimated to be
5 received from all sources for such year and the funds
6 estimated to be on hand at the end of such year. After
7 adoption of the Authority's first Five-Year Program, as
8 provided in Section 2.01 of this Act, the proposed program
9 and budget shall specifically identify any respect in which
10 the recommended program deviates from the Authority's then
11 existing Five-Year Program, giving the reasons for such
12 deviation. The fiscal year of the Authority shall begin on
13 January 1st and end on the succeeding December 31st except
14 that the fiscal year that began October 1, 1982, shall end
15 December 31, 1983. By July 1st 1981 and July 1st of each
16 year thereafter the Director of the Illinois Bureau of the
17 Budget shall submit to the Authority an estimate of revenues
18 for the next fiscal year to be collected from the taxes
19 imposed by the Authority and the amounts to be available in
20 the Public Transportation Fund and the Regional
21 Transportation Authority Occupation and Use Tax Replacement
22 Fund. For the fiscal year ending on December 31, 1983, the
23 Board shall report its results from operations and financial
24 condition to the General Assembly and the Governor by January
25 31. For the fiscal year beginning January 1, 1984, and
26 thereafter, the budget and program shall be presented to the
27 General Assembly and the Governor not later than the
28 preceding December 31st. Before the proposed budget and
29 program is adopted, the Authority shall hold at least one
30 public hearing thereon in the metropolitan region. The Board
31 shall hold at least one meeting for consideration of the
32 proposed program and budget with the county board of each of
33 the several counties in the metropolitan region. After
34 conducting such hearings and holding such meetings and after
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1 making such changes in the proposed program and budget as the
2 Board deems appropriate, the Board shall adopt its annual
3 budget ordinance. The ordinance may be adopted only upon the
4 affirmative votes of 9 of its then Directors. The ordinance
5 shall appropriate such sums of money as are deemed necessary
6 to defray all necessary expenses and obligations of the
7 Authority, specifying purposes and the objects or programs
8 for which appropriations are made and the amount appropriated
9 for each object or program. Additional appropriations,
10 transfers between items and other changes in such ordinance
11 may be made from time to time by the Board upon the
12 affirmative votes of 9 of its then Directors.
13 (b) The budget shall show a balance between anticipated
14 revenues from all sources and anticipated expenses including
15 funding of operating deficits or the discharge of
16 encumbrances incurred in prior periods and payment of
17 principal and interest when due, and shall show cash balances
18 sufficient to pay with reasonable promptness all obligations
19 and expenses as incurred.
20 The annual budget and financial plan must show that the
21 level of fares and charges for mass transportation provided
22 by, or under grant or purchase of service contracts of, the
23 Service Boards is sufficient to cause the aggregate of all
24 projected fare revenues from such fares and charges received
25 in each fiscal year to equal at least 50% of the aggregate
26 costs of providing such public transportation in such fiscal
27 year. "Fare revenues" include the proceeds of all fares and
28 charges for services provided, contributions received in
29 connection with public transportation from units of local
30 government other than the Authority and from the State
31 pursuant to subsection (i) (9) of Section 105-305 49.19 of
32 the Department of Transportation Law (20 ILCS 2705/105-305)
33 Civil Administrative Code of Illinois, and all other
34 operating revenues properly included consistent with
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1 generally accepted accounting principles but do not include
2 the proceeds of any borrowings. "Costs" include all items
3 properly included as operating costs consistent with
4 generally accepted accounting principles, including
5 administrative costs, but do not include: depreciation;
6 payment of principal and interest on bonds, notes or other
7 evidences of obligation for borrowed money issued by the
8 Authority; payments with respect to public transportation
9 facilities made pursuant to subsection (b) of Section 2.20 of
10 this Act; any payments with respect to rate protection
11 contracts, credit enhancements or liquidity agreements made
12 under Section 4.14; any other cost to which it is reasonably
13 expected that a cash expenditure will not be made; costs up
14 to $5,000,000 annually for passenger security including
15 grants, contracts, personnel, equipment and administrative
16 expenses, except in the case of the Chicago Transit
17 Authority, in which case the term does not include costs
18 spent annually by that entity for protection against crime as
19 required by Section 27a of the Metropolitan Transit Authority
20 Act; or costs as exempted by the Board for projects pursuant
21 to Section 2.09 of this Act.
22 (c) The actual administrative expenses of the Authority
23 for the fiscal year commencing January 1, 1985 may not exceed
24 $5,000,000. The actual administrative expenses of the
25 Authority for the fiscal year commencing January 1, 1986, and
26 for each fiscal year thereafter shall not exceed the maximum
27 administrative expenses for the previous fiscal year plus 5%.
28 "Administrative expenses" are defined for purposes of this
29 Section as all expenses except: (1) capital expenses and
30 purchases of the Authority on behalf of the Service Boards;
31 (2) payments to Service Boards; and (3) payment of principal
32 and interest on bonds, notes or other evidence of obligation
33 for borrowed money issued by the Authority; (4) costs for
34 passenger security including grants, contracts, personnel,
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1 equipment and administrative expenses; (5) payments with
2 respect to public transportation facilities made pursuant to
3 subsection (b) of Section 2.20 of this Act; and (6) any
4 payments with respect to rate protection contracts, credit
5 enhancements or liquidity agreements made pursuant to Section
6 4.14.
7 (d) After withholding 15% of the proceeds of any tax
8 imposed by the Authority and 15% of money received by the
9 Authority from the Regional Transportation Authority
10 Occupation and Use Tax Replacement Fund, the Board shall
11 allocate the proceeds and money remaining to the Service
12 Boards as follows: (1) an amount equal to 85% of the proceeds
13 of those taxes collected within the City of Chicago and 85%
14 of the money received by the Authority on account of
15 transfers to the Regional Transportation Authority Occupation
16 and Use Tax Replacement Fund from the County and Mass Transit
17 District Fund attributable to retail sales within the City of
18 Chicago shall be allocated to the Chicago Transit Authority;
19 (2) an amount equal to 85% of the proceeds of those taxes
20 collected within Cook County outside the City of Chicago and
21 85% of the money received by the Authority on account of
22 transfers to the Regional Transportation Authority Occupation
23 and Use Tax Replacement Fund from the County and Mass Transit
24 District Fund attributable to retail sales within Cook County
25 outside of the city of Chicago shall be allocated 30% to the
26 Chicago Transit Authority, 55% to the Commuter Rail Board and
27 15% to the Suburban Bus Board; and (3) an amount equal to 85%
28 of the proceeds of the taxes collected within the Counties of
29 DuPage, Kane, Lake, McHenry and Will shall be allocated 70%
30 to the Commuter Rail Board and 30% to the Suburban Bus Board.
31 (e) Moneys received by the Authority on account of
32 transfers to the Regional Transportation Authority Occupation
33 and Use Tax Replacement Fund from the State and Local Sales
34 Tax Reform Fund shall be allocated among the Authority and
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1 the Service Boards as follows: 15% of such moneys shall be
2 retained by the Authority and the remaining 85% shall be
3 transferred to the Service Boards as soon as may be
4 practicable after the Authority receives payment. Moneys
5 which are distributable to the Service Boards pursuant to the
6 preceding sentence shall be allocated among the Service
7 Boards on the basis of each Service Board's distribution
8 ratio. The term "distribution ratio" means, for purposes of
9 this subsection (e) of this Section 4.01, the ratio of the
10 total amount distributed to a Service Board pursuant to
11 subsection (d) of Section 4.01 for the immediately preceding
12 calendar year to the total amount distributed to all of the
13 Service Boards pursuant to subsection (d) of Section 4.01 for
14 the immediately preceding calendar year.
15 To further and accomplish the preparation of the annual
16 budget and program as well as the Five-Year Program provided
17 for in Section 2.01 of this Act and to make such interim
18 management decisions as may be necessary, the Board shall
19 employ staff which shall: (1) evaluate for the Board public
20 transportation programs operated or proposed by
21 transportation agencies in terms of goals, costs and relative
22 priorities; (2) keep the Board informed of the public
23 transportation programs and accomplishments of such
24 transportation agencies; and (3) coordinate the development
25 and implementation of public transportation programs to the
26 end that the monies available to the Authority may be
27 expended in the most economical manner possible with the
28 least possible duplication. Under such regulations as the
29 Board may prescribe, all Service Boards, transportation
30 agencies, comprehensive planning agencies or transportation
31 planning agencies in the metropolitan region shall furnish to
32 the Board such information pertaining to public
33 transportation or relevant for plans therefor as it may from
34 time to time require, upon payment to any such agency or
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1 Service Board of the reasonable additional cost of its so
2 providing such information except as may otherwise be
3 provided by agreement with the Authority, and the Board or
4 any duly authorized employee of the Board shall, for the
5 purpose of securing such information, have access to, and the
6 right to examine, all books, documents, papers or records of
7 any such agency or Service Board pertaining to public
8 transportation or relevant for plans therefor.
9 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 87-764.)
10 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
11 Sec. 4.09. Public Transportation Fund and the Regional
12 Transportation Authority Occupation and Use Tax Replacement
13 Fund.
14 (a) As soon as possible after the first day of each
15 month, beginning November 1, 1983, the Comptroller shall
16 order transferred and the Treasurer shall transfer from the
17 General Revenue Fund to a special fund in the State Treasury,
18 to be known as the "Public Transportation Fund" $9,375,000
19 for each month remaining in State fiscal year 1984. As soon
20 as possible after the first day of each month, beginning July
21 1, 1984, upon certification of the Department of Revenue, the
22 Comptroller shall order transferred and the Treasurer shall
23 transfer from the General Revenue Fund to the Public
24 Transportation Fund an amount equal to 25% of the net
25 revenue, before the deduction of the serviceman and retailer
26 discounts pursuant to Section 9 of the Service Occupation Tax
27 Act and Section 3 of the Retailers' Occupation Tax Act,
28 realized from any tax imposed by the Authority pursuant to
29 Sections 4.03 and 4.03.1 and 25% of the amounts deposited
30 into the Regional Transportation Authority tax fund created
31 by Section 4.03 of this Act, from the County and Mass Transit
32 District Fund as provided in Section 6z-20 of the State
33 Finance Act and 25% of the amounts deposited into the
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1 Regional Transportation Authority Occupation and Use Tax
2 Replacement Fund from the State and Local Sales Tax Reform
3 Fund as provided in Section 6z-17 of the State Finance Act.
4 Net revenue realized for a month shall be the revenue
5 collected by the State pursuant to Sections 4.03 and 4.03.1
6 during the previous month from within the metropolitan
7 region, less the amount paid out during that same month as
8 refunds to taxpayers for overpayment of liability in the
9 metropolitan region under Sections 4.03 and 4.03.1.
10 (b) (1) All moneys deposited in the Public
11 Transportation Fund and the Regional Transportation
12 Authority Occupation and Use Tax Replacement Fund,
13 whether deposited pursuant to this Section or otherwise,
14 are allocated to the Authority. Pursuant to
15 appropriation, the Comptroller, as soon as possible after
16 each monthly transfer provided in this Section and after
17 each deposit into the Public Transportation Fund, shall
18 order the Treasurer to pay to the Authority out of the
19 Public Transportation Fund the amount so transferred or
20 deposited. Such amounts paid to the Authority may be
21 expended by it for its purposes as provided in this Act.
22 Subject to appropriation to the Department of
23 Revenue, the Comptroller, as soon as possible after each
24 deposit into the Regional Transportation Authority
25 Occupation and Use Tax Replacement Fund provided in this
26 Section and Section 6z-17 of the State Finance Act, shall
27 order the Treasurer to pay to the Authority out of the
28 Regional Transportation Authority Occupation and Use Tax
29 Replacement Fund the amount so deposited. Such amounts
30 paid to the Authority may be expended by it for its
31 purposes as provided in this Act.
32 (2) Provided, however, no moneys deposited under
33 subsection (a) of Section 4.09 shall be paid from the
34 Public Transportation Fund to the Authority for any
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1 fiscal year beginning after the effective date of this
2 amendatory Act of 1983 until the Authority has certified
3 to the Governor, the Comptroller, and the Mayor of the
4 City of Chicago that it has adopted for that fiscal year
5 a budget and financial plan meeting the requirements in
6 Section 4.01(b).
7 (c) In recognition of the efforts of the Authority to
8 enhance the mass transportation facilities under its control,
9 the State shall provide financial assistance ("Additional
10 State Assistance") in excess of the amounts transferred to
11 the Authority from the General Revenue Fund under subsection
12 (a) of this Section. Additional State Assistance provided in
13 any State fiscal year shall not exceed the actual debt
14 service payable by the Authority during that State fiscal
15 year on bonds or notes issued to finance Strategic Capital
16 Improvement Projects under Section 4.04 of this Act.
17 Additional State Assistance shall in no event exceed the
18 following specified amounts with respect to the following
19 State fiscal years:
20 1990 $5,000,000;
21 1991 $5,000,000;
22 1992 $10,000,000;
23 1993 $10,000,000;
24 1994 $20,000,000;
25 1995 $30,000,000;
26 1996 $40,000,000;
27 1997 $50,000,000;
28 1998 $55,000,000; and
29 each year thereafter $55,000,000.
30 (d) Beginning with State fiscal year 1990 and continuing
31 for each State fiscal year thereafter, the Authority shall
32 annually certify to the State Comptroller and State Treasurer
33 (1) the amount necessary and required, during the State
34 fiscal year with respect to which the certification is made,
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1 to pay its obligations for debt service on all outstanding
2 bonds or notes for Strategic Capital Improvement Projects
3 issued by the Authority under Section 4.04 of this Act and
4 (2) an estimate of the amount necessary and required to pay
5 its obligations for debt service for any bonds or notes for
6 Strategic Capital Improvement Projects which the Authority
7 anticipates it will issue during that State fiscal year. The
8 certification shall include a specific schedule of debt
9 service payments, including the date and amount of each
10 payment for all outstanding bonds or notes and an estimated
11 schedule of anticipated debt service for all bonds and notes
12 it intends to issue, if any, during that State fiscal year,
13 including the estimated date and estimated amount of each
14 payment. Immediately, upon the issuance of bonds for which
15 an estimated schedule of debt service payments was prepared,
16 the Authority shall file an amended certification to specify
17 the actual schedule of debt service payments, including the
18 date and amount of each payment, for the remainder of the
19 State fiscal year. On the first day of each month of the
20 State fiscal year in which there are bonds outstanding with
21 respect to which the certification is made, the State
22 Comptroller shall order transferred and the State Treasurer
23 shall transfer from the General Revenue Fund to the Public
24 Transportation Fund the Additional State Assistance in an
25 amount equal to the aggregate of (1) one-twelfth of the
26 amount required to pay debt service on bonds and notes issued
27 before the beginning of the State fiscal year and (2) the
28 amount required to pay debt service on bonds and notes issued
29 during the fiscal year, if any, divided by the number of
30 months remaining in the fiscal year after the date of
31 issuance, or some smaller portion as may be necessary, listed
32 in subsection (c) for the relevant State fiscal year, plus
33 any cumulative deficiencies in transfers for prior months,
34 until an amount equal to the certified debt service for that
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1 State fiscal year on outstanding bonds or notes for Strategic
2 Capital Improvement Projects issued by the Authority under
3 Section 4.04 of this Act has been transferred. In no event
4 shall total transfers in any State fiscal year exceed the
5 lesser of the annual amounts specified in subsection (c) or
6 the total certified debt service on outstanding bonds or
7 notes for Strategic Capital Improvement Projects issued by
8 the Authority under Section 4.04 of this Act.
9 (e) Additional State Assistance may not be pledged,
10 either directly or indirectly as general revenues of the
11 Authority, as security for any bonds issued by the Authority.
12 The Authority may not assign its right to receive Additional
13 State Assistance or direct payment of Additional State
14 Assistance to a trustee or any other entity for the payment
15 of debt service on its bonds.
16 (f) The certification required under subsection (d) with
17 respect to outstanding bonds and notes of the Authority shall
18 be filed as early as practicable before the beginning of the
19 State fiscal year to which it relates. The certification
20 shall be revised as may be necessary to accurately state the
21 debt service requirements of the Authority.
22 (g) Within 6 months of the end of the 3 month period
23 ending December 31, 1983, and each fiscal year thereafter,
24 the Authority shall determine whether the aggregate of all
25 system generated revenues for public transportation in the
26 metropolitan region which is provided by, or under grant or
27 purchase of service contracts with, the Service Boards equals
28 50% of the aggregate of all costs of providing such public
29 transportation. "System generated revenues" include all the
30 proceeds of fares and charges for services provided,
31 contributions received in connection with public
32 transportation from units of local government other than the
33 Authority and from the State pursuant to subsection (i) (9)
34 of Section 105-305 49.19 of the Department of Transportation
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1 Law (20 ILCS 2705/105-305) Civil Administrative Code of
2 Illinois, and all other revenues properly included consistent
3 with generally accepted accounting principles but may not
4 include the proceeds from any borrowing. "Costs" include all
5 items properly included as operating costs consistent with
6 generally accepted accounting principles, including
7 administrative costs, but do not include: depreciation;
8 payment of principal and interest on bonds, notes or other
9 evidences of obligations for borrowed money of the Authority;
10 payments with respect to public transportation facilities
11 made pursuant to subsection (b) of Section 2-20; any payments
12 with respect to rate protection contracts, credit
13 enhancements or liquidity agreements made under Section 4.14;
14 any other cost as to which it is reasonably expected that a
15 cash expenditure will not be made; costs up to $5,000,000
16 annually for passenger security including grants, contracts,
17 personnel, equipment and administrative expenses, except in
18 the case of the Chicago Transit Authority, in which case the
19 term does not include costs spent annually by that entity for
20 protection against crime as required by Section 27a of the
21 Metropolitan Transit Authority Act; or costs as exempted by
22 the Board for projects pursuant to Section 2.09 of this Act.
23 If said system generated revenues are less than 50% of said
24 costs, the Board shall remit an amount equal to the amount of
25 the deficit to the State. The Treasurer shall deposit any
26 such payment in the General Revenue Fund.
27 (h) If the Authority makes any payment to the State
28 under paragraph (g), the Authority shall reduce the amount
29 provided to a Service Board from funds transferred under
30 paragraph (a) in proportion to the amount by which that
31 Service Board failed to meet its required system generated
32 revenues recovery ratio. A Service Board which is affected by
33 a reduction in funds under this paragraph shall submit to the
34 Authority concurrently with its next due quarterly report a
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1 revised budget incorporating the reduction in funds. The
2 revised budget must meet the criteria specified in clauses
3 (i) through (vi) of Section 4.11(b)(2). The Board shall
4 review and act on the revised budget as provided in Section
5 4.11(b)(3).
6 (Source: P.A. 86-16; 86-463; 86-928; 86-1028; 86-1481;
7 87-764.)
8 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
9 Sec. 4.11. Budget Review Powers. (a) The provisions of
10 this Section shall only be applicable to financial periods
11 beginning after December 31, 1983. The Transition Board
12 shall adopt a timetable governing the certification of
13 estimates and any submissions required under this Section for
14 fiscal year 1984 which shall control over the provisions of
15 this Act. Based upon estimates which shall be given to the
16 Authority by the Director of the Illinois Bureau of the
17 Budget of the receipts to be received by the Authority from
18 the taxes imposed by the Authority and the authorized
19 estimates of amounts to be available from State and other
20 sources to the Service Boards, and the times at which such
21 receipts and amounts will be available, the Board shall, not
22 later than the next preceding September 15th prior to the
23 beginning of the Authority's next fiscal year, advise each
24 Service Board of the amounts estimated by the Board to be
25 available for such Service Board during such fiscal year and
26 the two following fiscal years and the times at which such
27 amounts will be available. The Board shall, at the same
28 time, also advise each Service Board of its required system
29 generated revenues recovery ratio for the next fiscal year
30 which shall be the percentage of the aggregate costs of
31 providing public transportation by or under jurisdiction of
32 that Service Board which must be recovered from system
33 generated revenues. In determining a Service Board's system
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1 generated revenue recovery ratio, the Board shall consider
2 the historical system generated revenues recovery ratio for
3 the services subject to the jurisdiction of that Service
4 Board. The Board shall not increase a Service Board's system
5 generated revenues recovery ratio for the next fiscal year
6 over such ratio for the current fiscal year
7 disproportionately or prejudicially to increases in such
8 ratios for other Service Boards. The Board may, by
9 ordinance, provide that (i) the cost of research and
10 development projects in the fiscal year beginning January 1,
11 1986 and ending December 31, 1986 conducted pursuant to
12 Section 2.09 of this Act, and (ii) up to $5,000,000 annually
13 of the costs for passenger security, may be exempted from the
14 farebox recovery ratio or the system generated revenues
15 recovery ratio of the Chicago Transit Authority, the Suburban
16 Bus Board, and the Commuter Rail Board, or any of them. For
17 the fiscal year beginning January 1, 1986 and ending December
18 31, 1986, and for the fiscal year beginning January 1, 1987
19 and ending December 31, 1987, the Board shall, by ordinance,
20 provide that: (1) the amount of a grant, pursuant to Section
21 105-310 49.19a of the Department of Transportation Law (20
22 ILCS 2705/105-310) Civil Administrative Code of Illinois,
23 from the Department of Transportation for the cost of
24 services for the mobility limited provided by the Chicago
25 Transit Authority, and (2) the amount of a grant, pursuant to
26 Section 105-310 49.19a of the Department of Transportation
27 Law (20 ILCS 2705/105-310) Civil Administrative Code of
28 Illinois, from the Department of Transportation for the cost
29 of services for the mobility limited by the Suburban Bus
30 Board or the Commuter Rail Board, be exempt from the farebox
31 recovery ratio or the system generated revenues recovery
32 ratio.
33 (b)(1) Not later than the next preceding November 15
34 prior to the commencement of such fiscal year, each Service
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1 Board shall submit to the Authority its proposed budget for
2 such fiscal year and its proposed financial plan for the two
3 following fiscal years. Such budget and financial plan shall
4 not project or assume a receipt of revenues from the
5 Authority in amounts greater than those set forth in the
6 estimates provided by the Authority pursuant to subsection
7 (a) of this Section.
8 (2) The Board shall review the proposed budget and
9 financial plan submitted by each Service Board, and shall
10 adopt a consolidated budget and financial plan. The Board
11 shall approve the budget and plan if:
12 (i) the Board has approved the proposed budget and cash
13 flow plan for such fiscal year of each Service Board,
14 pursuant to the conditions set forth in clauses (ii) through
15 (vii) of this paragraph;
16 (ii) such budget and plan show a balance between (A)
17 anticipated revenues from all sources including operating
18 subsidies and (B) the costs of providing the services
19 specified and of funding any operating deficits or
20 encumbrances incurred in prior periods, including provision
21 for payment when due of principal and interest on outstanding
22 indebtedness;
23 (iii) such budget and plan show cash balances including
24 the proceeds of any anticipated cash flow borrowing
25 sufficient to pay with reasonable promptness all costs and
26 expenses as incurred;
27 (iv) such budget and plan provide for a level of fares
28 or charges and operating or administrative costs for the
29 public transportation provided by or subject to the
30 jurisdiction of such Service Board sufficient to allow the
31 Service Board to meet its required system generated revenue
32 recovery ratio;
33 (v) such budget and plan are based upon and employ
34 assumptions and projections which are reasonable and prudent;
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1 (vi) such budget and plan have been prepared in
2 accordance with sound financial practices as determined by
3 the Board; and
4 (vii) such budget and plan meet such other financial,
5 budgetary, or fiscal requirements that the Board may by rule
6 or regulation establish.
7 (3) In determining whether the budget and financial plan
8 provide a level of fares or charges sufficient to allow a
9 Service Board to meet its required system generated revenue
10 recovery ratio under clause (iv) in subparagraph (2), the
11 Board shall allow a Service Board to carry over cash from
12 farebox revenues to subsequent fiscal years.
13 (4) Unless the Board by an affirmative vote of 9 of the
14 then Directors determines that the budget and financial plan
15 of a Service Board meets the criteria specified in clauses
16 (ii) through (vii) of subparagraph (2) of this paragraph (b),
17 the Board shall not release to that Service Board any funds
18 for the periods covered by such budget and financial plan
19 except for the proceeds of taxes imposed by the Authority
20 under Section 4.03 which are allocated to the Service Board
21 under Section 4.01.
22 (5) If the Board has not found that the budget and
23 financial plan of a Service Board meets the criteria
24 specified in clauses (i) through (vii) of subparagraph (2) of
25 this paragraph (b), the Board shall, five working days after
26 the start of the Service Board's fiscal year adopt a budget
27 and financial plan meeting such criteria for that Service
28 Board.
29 (c)(1) If the Board shall at any time have received a
30 revised estimate, or revises any estimate the Board has made,
31 pursuant to this Section of the receipts to be collected by
32 the Authority which, in the judgment of the Board, requires a
33 change in the estimates on which the budget of any Service
34 Board is based, the Board shall advise the affected Service
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1 Board of such revised estimates, and such Service Board shall
2 within 30 days after receipt of such advice submit a revised
3 budget incorporating such revised estimates. If the revised
4 estimates require, in the judgment of the Board, that the
5 system generated revenues recovery ratio of one or more
6 Service Boards be revised in order to allow the Authority to
7 meet its required ratio, the Board shall advise any such
8 Service Board of its revised ratio and such Service Board
9 shall within 30 days after receipt of such advice submit a
10 revised budget incorporating such revised estimates or ratio.
11 (2) Each Service Board shall, within such period after
12 the end of each fiscal quarter as shall be specified by the
13 Board, report to the Authority its financial condition and
14 results of operations and the financial condition and results
15 of operations of the public transportation services subject
16 to its jurisdiction, as at the end of and for such quarter.
17 If in the judgment of the Board such condition and results
18 are not substantially in accordance with such Service Board's
19 budget for such period, the Board shall so advise such
20 Service Board and such Service Board shall within the period
21 specified by the Board submit a revised budget incorporating
22 such results.
23 (3) If the Board shall determine that a revised budget
24 submitted by a Service Board pursuant to subparagraph (1) or
25 (2) of this paragraph (c) does not meet the criteria
26 specified in clauses (ii) through (vii) of subparagraph (2)
27 of paragraph (b) of this Section, the Board shall not release
28 any monies to that Service Board except the proceeds of taxes
29 imposed by the Authority under Section 4.03 or 4.03.1 which
30 are allocated to the Service Board under Section 4.01. If
31 the Service Board submits a revised financial plan and budget
32 which plan and budget shows that the criteria will be met
33 within a four quarter period, the Board shall continue to
34 release funds to the Service Board. The Board by a 9 vote of
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1 its then Directors may require a Service Board to submit a
2 revised financial plan and budget which shows that the
3 criteria will be met in a time period less than four
4 quarters.
5 (d) All budgets and financial plans, financial
6 statements, audits and other information presented to the
7 Authority pursuant to this Section or which may be required
8 by the Board to permit it to monitor compliance with the
9 provisions of this Section shall be prepared and presented in
10 such manner and frequency and in such detail as shall have
11 been prescribed by the Board, shall be prepared on both an
12 accrual and cash flow basis as specified by the Board, and
13 shall identify and describe the assumptions and projections
14 employed in the preparation thereof to the extent required by
15 the Board. Except when the Board adopts a budget and a
16 financial plan for a Service Board under paragraph (b)(5), a
17 Service Board shall provide for such levels of transportation
18 services and fares or charges therefor as it deems
19 appropriate and necessary in the preparation of a budget and
20 financial plan meeting the criteria set forth in clauses (ii)
21 through (vii) of subparagraph (2) of paragraph (b) of this
22 Section. The Board shall have access to and the right to
23 examine and copy all books, documents, papers, records, or
24 other source data of a Service Board relevant to any
25 information submitted pursuant to this Section.
26 (e) Whenever this Section requires the Board to make
27 determinations with respect to estimates, budgets or
28 financial plans, or rules or regulations with respect thereto
29 such determinations shall be made upon the affirmative vote
30 of at least 9 of the then Directors and shall be incorporated
31 in a written report of the Board and such report shall be
32 submitted within 10 days after such determinations are made
33 to the Governor, the Mayor of Chicago (if such determinations
34 relate to the Chicago Transit Authority), and the Auditor
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1 General of Illinois.
2 (Source: P.A. 84-1246.)
3 Section 5-255. The School Code is amended by changing
4 Section 2-3.62 as follows:
5 (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
6 Sec. 2-3.62. Educational Service Centers.
7 (a) A regional network of educational service centers
8 shall be established by the State Board of Education to
9 coordinate and combine existing services in a manner which is
10 practical and efficient and to provide new services to
11 schools as provided in this Section. Services to be made
12 available by such centers shall include the planning,
13 implementation and evaluation of:
14 (1) education for gifted children through area
15 service centers, experimental projects and institutes as
16 provided in Section 14A-6;
17 (2) computer technology education including the
18 evaluation, use and application of state-of-the-art
19 technology in computer software as provided in Section
20 2-3.43;
21 (3) mathematics, science and reading resources for
22 teachers including continuing education, inservice
23 training and staff development.
24 The centers may provide training, technical assistance,
25 coordination and planning in other program areas such as
26 school improvement, school accountability, career guidance,
27 early childhood education, alcohol/drug education and
28 prevention, family life - sex education, electronic
29 transmission of data from school districts to the State,
30 alternative education and regional special education, and
31 telecommunications systems that provide distance learning.
32 Such telecommunications systems may be obtained through the
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1 Department of Central Management Services pursuant to Section
2 25-270 67.18 of the Department of Central Management Services
3 Law (20 ILCS 405/25-270) Civil Administrative Code of
4 Illinois. The programs and services of educational service
5 centers may be offered to private school teachers and private
6 school students within each service center area provided
7 public schools have already been afforded adequate access to
8 such programs and services.
9 The State Board of Education shall promulgate rules and
10 regulations necessary to implement this Section. The rules
11 shall include detailed standards which delineate the scope
12 and specific content of programs to be provided by each
13 Educational Service Center, as well as the specific planning,
14 implementation and evaluation services to be provided by each
15 Center relative to its programs. The Board shall also
16 provide the standards by which it will evaluate the programs
17 provided by each Center.
18 (b) Centers serving Class 1 county school units shall be
19 governed by an 11-member board, 3 members of which shall be
20 public school teachers nominated by the local bargaining
21 representatives to the appropriate regional superintendent
22 for appointment and no more than 3 members of which shall be
23 from each of the following categories, including but not
24 limited to superintendents, regional superintendents, school
25 board members and a representative of an institution of
26 higher education. The members of the board shall be
27 appointed by the regional superintendents whose school
28 districts are served by the educational service center. The
29 composition of the board will reflect the revisions of this
30 amendatory Act of 1989 as the terms of office of current
31 members expire.
32 (c) The centers shall be of sufficient size and number
33 to assure delivery of services to all local school districts
34 in the State.
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1 (d) From monies appropriated for this program the State
2 Board of Education shall provide grants to qualifying
3 Educational Service Centers applying for such grants in
4 accordance with rules and regulations promulgated by the
5 State Board of Education to implement this Section.
6 (e) The governing authority of each of the 18 regional
7 educational service centers shall appoint a family life - sex
8 education advisory board consisting of 2 parents, 2 teachers,
9 2 school administrators, 2 school board members, 2 health
10 care professionals, one library system representative, and
11 the director of the regional educational service center who
12 shall serve as chairperson of the advisory board so
13 appointed. Members of the family life - sex education
14 advisory boards shall serve without compensation. Each of
15 the advisory boards appointed pursuant to this subsection
16 shall develop a plan for regional teacher-parent family life
17 - sex education training sessions and shall file a written
18 report of such plan with the governing board of their
19 regional educational service center. The directors of each
20 of the regional educational service centers shall thereupon
21 meet, review each of the reports submitted by the advisory
22 boards and combine those reports into a single written report
23 which they shall file with the Citizens Council on School
24 Problems prior to the end of the regular school term of the
25 1987-1988 school year.
26 (f) The 14 educational service centers serving Class I
27 county school units shall be disbanded on the first Monday of
28 August, 1995, and their statutory responsibilities and
29 programs shall be assumed by the regional offices of
30 education, subject to rules and regulations developed by the
31 State Board of Education. The regional superintendents of
32 schools elected by the voters residing in all Class I
33 counties shall serve as the chief administrators for these
34 programs and services. By rule of the State Board of
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1 Education, the 10 educational service regions of lowest
2 population shall provide such services under cooperative
3 agreements with larger regions.
4 (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
5 Section 5-260. The Illinois Distance Learning Foundation
6 Act is amended by changing Section 5 as follows:
7 (105 ILCS 40/5)
8 Sec. 5. Creation of Foundation. The General Assembly
9 authorizes the Lieutenant Governor, in accordance with
10 Section 10 of the State Agency Entity Creation Act, to create
11 the Illinois Distance Learning Foundation. Pursuant to this
12 authority, the Lieutenant Governor shall create the Illinois
13 Distance Learning Foundation as a not-for-profit foundation.
14 The Lieutenant Governor shall file articles of incorporation
15 as required under the General Not For Profit Corporation Act
16 of 1986 to create the Foundation. The Foundation's Board of
17 Directors shall be appointed by the Lieutenant Governor from
18 time to time. The Lieutenant Governor shall serve as
19 Chairman of the Board of Directors of the Foundation. The
20 Director of the Governor's Rural Affairs Council shall serve
21 as the initial Director of the Foundation. No member of the
22 Board of Directors may receive compensation for his or her
23 services to the Foundation.
24 Until January 9, 1995, while the office of Lieutenant
25 Governor is vacant, the powers and duties of the Lieutenant
26 Governor and the Office of the Lieutenant Governor under this
27 Act shall be carried out as provided in Section 67.35 of the
28 Civil Administrative Code of Illinois (renumbered; now
29 Section 25-500 of the Department of Central Management
30 Services Law, 20 ILCS 405/25-500).
31 (Source: P.A. 88-146; 88-553.)
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1 Section 5-265. The University of Illinois Act is amended
2 by changing Section 1a as follows:
3 (110 ILCS 305/1a) (from Ch. 144, par. 22a)
4 Sec. 1a. The Board of Trustees shall comply with the
5 provisions of "An Act concerning the use of Illinois mined
6 coal in certain plants and institutions", filed July 13,
7 1937; provided that in the purchase of any coal or other fuel
8 used in the operation of the University of Illinois, the
9 provisions of Section 5-670 30 of the Departments of State
10 Government Law (20 ILCS 5/5-670) Civil Administrative Code of
11 Illinois shall not apply to limit the price authorized to be
12 paid by the Board of Trustees for any such coal or fuel.
13 (Source: P.A. 86-1189.)
14 Section 5-270. The Family Practice Residency Act is
15 amended by changing Section 10 as follows:
16 (110 ILCS 935/10) (from Ch. 144, par. 1460)
17 Sec. 10. Scholarship recipients who fail to fulfill the
18 obligation described in subsection (d) of Section 3.07 of
19 this Act shall pay to the Department a sum equal to 3 times
20 the amount of the annual scholarship grant for each year the
21 recipient fails to fulfill such obligation. The amounts paid
22 to the Department under this Section shall be deposited into
23 the Community Health Center Care Fund and shall be used by
24 the Department to improve access to primary health care
25 services as authorized by subsection (a) of Section 90-200
26 55.53(a) of the Department of Public Health Powers and Duties
27 Law (20 ILCS 2310/90-200) Civil Administrative Code of
28 Illinois.
29 The Department may transfer to the Illinois Development
30 Finance Authority, into an account outside the State
31 treasury, moneys in the Community Health Center Care Fund as
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1 needed, but not to exceed an amount established, by rule, by
2 the Department to establish a reserve or credit enhancement
3 escrow account to support a financing program or a loan or
4 equipment leasing program to provide moneys to support the
5 purposes of subsection (a) of Section 90-200 55.53(a) of the
6 Department of Public Health Powers and Duties Law (20 ILCS
7 2310/90-200) Civil Administrative Code of Illinois. The
8 disposition of moneys at the conclusion of any financing
9 program under this Section shall be determined by an
10 interagency agreement.
11 (Source: P.A. 87-655; 88-535.)
12 Section 5-275. The Podiatric Scholarship and Residency
13 Act is amended by changing Section 30 as follows:
14 (110 ILCS 978/30)
15 Sec. 30. Penalties for failure to fulfill obligations.
16 Scholarship recipients who fail to fulfill their obligation
17 to practice in designated shortage areas shall pay to the
18 Department a sum equal to 3 times the amount of the annual
19 scholarship grant for each year the recipient fails to
20 fulfill that obligation. The amounts paid to the Department
21 under this Section shall be used by the Department to improve
22 access to primary health care services as authorized by
23 Section 90-200 55.53 of the Department of Public Health
24 Powers and Duties Law (20 ILCS 2310/90-200) Civil
25 Administrative Code of Illinois.
26 (Source: P.A. 87-1195.)
27 Section 5-280. The Illinois Hospital Construction Act is
28 amended by changing Section 2 as follows:
29 (210 ILCS 75/2) (from Ch. 23, par. 1302)
30 Sec. 2. As used in this Act:
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1 "Director" means the Director of the State Department of
2 Public Health.
3 "Department" means the Department of Public Health.
4 "Hospital" means any hospital for in-patient and
5 out-patient medical or surgical care of persons in need
6 thereof.
7 "Public Health Center" means a publicly owned facility
8 utilized by a local health unit for the provision of public
9 health services, including related facilities such as
10 laboratories, clinics, and administrative offices operated in
11 connection with public health centers.
12 "State Plan" means the plan prepared pursuant to Section
13 90-65 55 of the Department of Public Health Powers and Duties
14 Law (20 ILCS 2310/90-65) Civil Administrative Code as
15 heretofore or hereafter amended.
16 "Nonprofit hospital" means any hospital owned and
17 operated by a corporation or association, no part of the net
18 earnings of which inures, or may lawfully inure, to the
19 benefit of any private shareholder or individual.
20 "Construction" means construction of new buildings,
21 expansion, remodeling, and alteration of existing buildings,
22 and initial equipment of any such buildings, including
23 architects' fees, but excluding the cost of off-site
24 improvements and the cost of the acquisition of land.
25 (Source: Laws 1949, p. 373.)
26 Section 5-285. The Illinois Insurance Code is amended by
27 changing Section 401 as follows:
28 (215 ILCS 5/401) (from Ch. 73, par. 1013)
29 Sec. 401. General powers of the director. The Director is
30 charged with the rights, powers and duties appertaining to
31 the enforcement and execution of all the insurance laws of
32 this State. He shall have the power
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1 (a) to make reasonable rules and regulations as may be
2 necessary for making effective such laws;
3 (b) to conduct such investigations as may be necessary
4 to determine whether any person has violated any provision of
5 such insurance laws;
6 (c) to conduct such examinations, investigations and
7 hearings in addition to those specifically provided for, as
8 may be necessary and proper for the efficient administration
9 of the insurance laws of this State; and
10 (d) to institute such actions or other lawful
11 proceedings as he may deem necessary for the enforcement of
12 the Illinois Insurance Code or of any Order or action made or
13 taken by him under this Code. The Attorney General, upon
14 request of the Director, may proceed in the courts of this
15 State to enforce an Order or decision in any court proceeding
16 or in any administrative proceeding before the Director.
17 Whenever the Director is authorized or required by law to
18 consider some aspect of criminal history record information
19 for the purpose of carrying out his statutory powers and
20 responsibilities, then, upon request and payment of fees in
21 conformance with the requirements of subsection 22 of Section
22 100-400 55a of "the Department of State Police Law (20 ILCS
23 2605/100-400) Civil Administrative Code of Illinois", the
24 Department of State Police is authorized to furnish, pursuant
25 to positive identification, such information contained in
26 State files as is necessary to meet the requirements of such
27 authorization or statutes.
28 (Source: P.A. 86-610.)
29 Section 5-290. The Public Utilities Act is amended by
30 changing Section 4-101 as follows:
31 (220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
32 Sec. 4-101. The Commission shall have general supervision
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1 of all public utilities, except as otherwise provided in this
2 Act, shall inquire into the management of the business
3 thereof and shall keep itself informed as to the manner and
4 method in which the business is conducted. It shall examine
5 those public utilities and keep informed as to their general
6 condition, their franchises, capitalization, rates and other
7 charges, and the manner in which their plants, equipment and
8 other property owned, leased, controlled or operated are
9 managed, conducted and operated, not only with respect to the
10 adequacy, security and accommodation afforded by their
11 service but also with respect to their compliance with this
12 Act and any other law, with the orders of the Commission and
13 with the charter and franchise requirements.
14 Whenever the Commission is authorized or required by law
15 to consider some aspect of criminal history record
16 information for the purpose of carrying out its statutory
17 powers and responsibilities, then, upon request and payment
18 of fees in conformance with the requirements of subsection 22
19 of Section 100-400 55a of "the Department of State Police Law
20 (20 ILCS 2605/100-400) Civil Administrative Code of
21 Illinois", the Department of State Police is authorized to
22 furnish, pursuant to positive identification, such
23 information contained in State files as is necessary to
24 fulfill the request.
25 (Source: P.A. 86-610.)
26 Section 5-295. The Clinical Psychologist Licensing Act is
27 amended by changing Section 19 as follows:
28 (225 ILCS 15/19) (from Ch. 111, par. 5369)
29 (Text of Section before amendment by P.A. 89-702)
30 Sec. 19. Stenographer; transcript. The Department, at
31 its expense, shall provide a stenographer to take down the
32 testimony and preserve a record of all proceedings at any
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1 hearing provided for by this Act. The notice of hearing,
2 complaint and all other documents in the nature of pleadings
3 and written motions filed in the proceedings, the transcript
4 of testimony, the report of the Committee and the orders of
5 the Department shall be the record of the proceedings. The
6 Department shall furnish a copy of the transcript of the
7 record to any person requesting the same, upon payment of the
8 fee required under Section 80-115 60f of the Department of
9 Professional Regulation Law (20 ILCS 2105/80-115) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 87-1031.)
12 (Text of Section after amendment by P.A. 89-702)
13 Sec. 19. Record of proceedings; transcript. The
14 Department, at its expense, shall preserve a record of all
15 proceedings at any formal hearing of any case. The notice of
16 hearing, complaint and all other documents in the nature of
17 pleadings and written motions filed in the proceedings, the
18 transcript of testimony, the report of the Board and the
19 orders of the Department shall be the record of the
20 proceedings. The Department shall furnish a transcript of
21 the record to any person upon payment of the fee required
22 under Section 80-115 60f of the Department of Professional
23 Regulation Law (20 ILCS 2105/80-115) Civil Administrative
24 Code of Illinois.
25 (Source: P.A. 89-702, eff. 7-1-97.)
26 Section 5-300. The Illinois Dental Practice Act is
27 amended by changing Section 42 as follows:
28 (225 ILCS 25/42) (from Ch. 111, par. 2342)
29 Sec. 42. Dental Disciplinary Fund. All fees, fines or
30 penalties received by the Department under this Act shall be
31 deposited in the Illinois State Dental Disciplinary Fund, a
32 special fund created hereunder in the State Treasury, and
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1 shall be used only by the Department in the exercise of its
2 powers and performance of its duties under this Act,
3 including but not limited to the provision for evidence in
4 dental investigation. All earnings incurred from investment
5 of moneys in the Illinois State Dental Disciplinary Fund
6 shall be deposited in the Illinois State Dental Disciplinary
7 Fund and shall be used for the same purpose as fees deposited
8 in such Fund.
9 Moneys in the Fund may be transferred to the Professions
10 Indirect Cost Fund as authorized under Section 80-300 61e of
11 the Department of Professional Regulation Law (20 ILCS
12 2105/80-300) Civil Administrative Code of Illinois.
13 (Source: P.A. 89-80, eff. 6-30-95; 89-116, eff. 7-7-95;
14 89-204, eff. 1-1-96; 89-626, eff. 8-9-96.)
15 Section 5-305. The Dietetic and Nutrition Services
16 Practice Act is amended by changing Section 110 as follows:
17 (225 ILCS 30/110) (from Ch. 111, par. 8401-110)
18 Sec. 110. Record of hearing. The Department, at its
19 expense, shall preserve a record of all proceedings at the
20 formal hearing of any case. The notice of hearing,
21 complaint, and other documents in the nature of pleadings and
22 written motions filed in the proceedings, the transcript of
23 testimony, the report of the Board, and orders of the
24 Department shall be in the record of the proceedings. The
25 Department shall furnish a transcript of the record to any
26 person interested in the hearing upon payment of the fee
27 required under Section 80-115 60f of the Department of
28 Professional Regulation Law (20 ILCS 2105/80-115) Civil
29 Administrative Code of Illinois.
30 (Source: P.A. 87-784; 87-1000.)
31 Section 5-310. The Environmental Health Practitioner
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1 Licensing Act is amended by changing Sections 45 and 70 as
2 follows:
3 (225 ILCS 37/45)
4 Sec. 45. Record of Proceedings; transcript. The
5 Department, at its expense, shall provide a stenographer to
6 record all testimony at the hearing of any case where a
7 certificate is revoked or suspended. The notice of hearing,
8 complaint, and all other documents in the nature of pleadings
9 and written motions filed in the proceedings, the transcript
10 of testimony, the report of the Committee, and the order of
11 the Department shall be the record of the proceedings. The
12 Department shall furnish a transcript of the record to any
13 person interested in the hearing upon payment of the fees
14 required under Section 80-115 60f of the Department of
15 Professional Regulation Law (20 ILCS 2105/80-115) Civil
16 Administrative Code of Illinois.
17 (Source: P.A. 89-61, eff. 6-30-95.)
18 (225 ILCS 37/70)
19 Sec. 70. Records of proceeding. The Department, at its
20 expense, shall preserve a record of all proceedings at the
21 formal hearing of any case. The notice of hearing, complaint,
22 and all other documents in the nature of pleadings, written
23 motions filed in the proceedings, transcripts of testimony,
24 reports of the Board and orders of the Department shall be in
25 the record of the proceedings. The Department shall furnish a
26 transcript of the record to any person interested in the
27 hearing upon payment of the fee required under Section 80-115
28 60f of the Department of Professional Regulation Law (20 ILCS
29 2105/80-115) Civil Administrative Code of Illinois.
30 (Source: P.A. 89-61, eff. 6-30-95.)
31 Section 5-315. The Marriage and Family Therapy Licensing
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1 Act is amended by changing Section 100 as follows:
2 (225 ILCS 55/100) (from Ch. 111, par. 8351-100)
3 Sec. 100. Record of proceeding. The Department, at its
4 expense, shall preserve a record of all proceedings at the
5 formal hearing of any case. The notice of hearing, complaint
6 and all other documents in the nature of pleadings and
7 written motions filed in the proceedings, the transcript of
8 testimony, the report of the Board and orders of the
9 Department shall be in the record of the proceedings. The
10 Department shall furnish a transcript of the record to any
11 person interested in the hearing upon payment of the fee
12 required under Section 80-115 60f of the Department of
13 Professional Regulation Law (20 ILCS 2105/80-115) Civil
14 Administrative Code of Illinois.
15 (Source: P.A. 87-783; 87-1237.)
16 Section 5-320. The Medical Practice Act of 1987 is
17 amended by changing Sections 21 and 39 as follows:
18 (225 ILCS 60/21) (from Ch. 111, par. 4400-21)
19 (Text of Section before amendment by P.A. 89-702)
20 Sec. 21. (A) Renewal. The expiration date and renewal
21 period for each license issued under this Act shall be set by
22 rule. The holder of a license may renew such license by
23 paying the required fee. The holder of a license may also
24 renew the license within 90 days after its expiration by
25 complying with the requirements for renewal and payment of an
26 additional fee. A license renewal within 90 days after
27 expiration shall be effective retroactively to the expiration
28 date.
29 The Department shall mail to each licensee under this
30 Act, to their last known place of address, at least 60 days
31 in advance of the expiration date of their license, a notice
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1 of that fact and an application for renewal form. No such
2 license shall be deemed to have lapsed until 90 days after
3 the expiration date and after such notice and application
4 have been mailed by the Department as herein provided.
5 (B) Restoration. Any licensee who has permitted their
6 license to lapse or who has had their license on inactive
7 status may have their license restored by making application
8 to the Department and filing proof acceptable to the
9 Department of their fitness to have their license restored,
10 including evidence certifying to active practice in another
11 jurisdiction satisfactory to the Department and by paying the
12 required restoration fee.
13 If the licensee has not maintained an active practice in
14 another jurisdiction satisfactory to the Department, the
15 Licensing Board shall determine, by an evaluation program
16 established by rule, their fitness to resume active status
17 and may require the licensee to complete a period of
18 evaluated clinical experience and may require successful
19 completion of the practical examination.
20 However, any registrant whose license has expired while
21 they have been engaged (a) in Federal Service on active duty
22 with the Army of the United States, the United States Navy,
23 the Marine Corps, the Air Force, the Coast Guard, the Public
24 Health Service or the State Militia called into the service
25 or training of the United States of America, or (b) in
26 training or education under the supervision of the United
27 States preliminary to induction into the military service,
28 may have their license reinstated or restored without paying
29 any lapsed renewal fees, if within 2 years after honorable
30 termination of such service, training or education, they
31 furnish the Department with satisfactory evidence to the
32 effect that they have been so engaged and that their service,
33 training or education has been so terminated.
34 (C) Inactive Licenses. Any licensee who notifies the
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1 Department, in writing on forms prescribed by the Department,
2 may elect to place their license on an inactive status and
3 shall, subject to rules of the Department, be excused from
4 payment of renewal fees until they notify the Department in
5 writing of their desire to resume active status.
6 Any licensee requesting restoration from inactive status
7 shall be required to pay the current renewal fee and shall be
8 required to restore their license, as provided in subsection
9 (B).
10 Any licensee whose license is in an inactive status shall
11 not practice in the State of Illinois.
12 (D) Disposition of monies collected. All monies
13 collected under this Act by the Department shall be deposited
14 in the Illinois State Medical Disciplinary Fund in the State
15 Treasury, and used only for the following purposes: (a) by
16 the Illinois State Medical Disciplinary Board in the exercise
17 of its powers and performance of its duties, as such use is
18 made by the Department with full consideration of all
19 recommendations of the Medical Disciplinary Board, (b) for
20 costs directly related to persons licensed under this Act,
21 and (c) for direct and allocable indirect costs related to
22 the public purposes of the Department of Professional
23 Regulation.
24 Moneys in the Fund may be transferred to the Professions
25 Indirect Cost Fund as authorized under Section 80-300 61e of
26 the Department of Professional Regulation Law (20 ILCS
27 2105/80-300) Civil Administrative Code of Illinois.
28 In addition to any other permitted use of moneys in the
29 Fund, and notwithstanding any restriction on the use of the
30 Fund, moneys in the Illinois State Medical Disciplinary Fund
31 may be transferred to the General Revenue Fund as authorized
32 by this amendatory Act of 1992. The General Assembly finds
33 that an excess of moneys exists in the Fund. On February 1,
34 1992, the Comptroller shall order transferred and the
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1 Treasurer shall transfer $2,250,000 (or such lesser amount as
2 may be on deposit in the Fund and unexpended and unobligated
3 on that date) from the Fund to the General Revenue Fund.
4 All earnings received from investment of monies in the
5 Illinois State Medical Disciplinary Fund shall be deposited
6 in the Illinois State Medical Disciplinary Fund and shall be
7 used for the same purposes as fees deposited in such fund.
8 (E) Fees. The following fees are nonrefundable.
9 (1) Applicants for any examination shall be
10 required to pay, either to the Department or to the
11 designated testing service, a fee covering the cost of
12 determining the applicant's eligibility and providing the
13 examination. Failure to appear for the examination on the
14 scheduled date, at the time and place specified, after
15 the applicant's application for examination has been
16 received and acknowledged by the Department or the
17 designated testing service, shall result in the
18 forfeiture of the examination fee.
19 (2) The fee for a license under Section 9 of this
20 Act is $300.
21 (3) The fee for a license under Section 19 of this
22 Act is $300.
23 (4) The fee for the renewal of a license for a
24 resident of Illinois shall be calculated at the rate of
25 $100 per year, except for licensees who were issued a
26 license within 12 months of the expiration date of the
27 license, the fee for the renewal shall be $100. The fee
28 for the renewal of a license for a nonresident shall be
29 calculated at the rate of $200 per year, except for
30 licensees who were issued a license within 12 months of
31 the expiration date of the license, the fee for the
32 renewal shall be $200.
33 (5) The fee for the restoration of a license other
34 than from inactive status, is $100 plus payment of all
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1 lapsed renewal fees.
2 (6) The fee for a 3-year temporary license under
3 Section 17 is $100.
4 (7) The fee for the issuance of a duplicate
5 license, for the issuance of a replacement license for a
6 license which has been lost or destroyed or for the
7 issuance of a license with a change of name or address
8 other than during the renewal period is $20. No fee is
9 required for name and address changes on Department
10 records when no duplicate license is issued.
11 (8) The fee to be paid for a license record for any
12 purpose is $20.
13 (9) The fee to be paid to have the scoring of an
14 examination, administered by the Department, reviewed and
15 verified, is $20 plus any fees charged by the applicable
16 testing service.
17 (10) The fee to be paid by a registrant for a wall
18 certificate showing their license shall be the actual
19 cost of producing such certificate.
20 (11) The fee for a roster of persons registered as
21 physicians in this State shall be the actual cost of
22 producing such a roster.
23 (12) A chiropractic college and a preceptor doctor
24 participating in a preceptor program under Section 11.1
25 of this Act shall each pay an annual registration fee of
26 $50.
27 (F) Any person who delivers a check or other payment to
28 the Department that is returned to the Department unpaid by
29 the financial institution upon which it is drawn shall pay to
30 the Department, in addition to the amount already owed to the
31 Department, a fine of $50. If the check or other payment was
32 for a renewal or issuance fee and that person practices
33 without paying the renewal fee or issuance fee and the fine
34 due, an additional fine of $100 shall be imposed. The fines
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1 imposed by this Section are in addition to any other
2 discipline provided under this Act for unlicensed practice or
3 practice on a nonrenewed license. The Department shall notify
4 the person that payment of fees and fines shall be paid to
5 the Department by certified check or money order within 30
6 calendar days of the notification. If, after the expiration
7 of 30 days from the date of the notification, the person has
8 failed to submit the necessary remittance, the Department
9 shall automatically terminate the license or certificate or
10 deny the application, without hearing. If, after termination
11 or denial, the person seeks a license or certificate, he or
12 she shall apply to the Department for restoration or issuance
13 of the license or certificate and pay all fees and fines due
14 to the Department. The Department may establish a fee for the
15 processing of an application for restoration of a license or
16 certificate to pay all expenses of processing this
17 application. The Director may waive the fines due under this
18 Section in individual cases where the Director finds that the
19 fines would be unreasonable or unnecessarily burdensome.
20 (Source: P.A. 88-246; 89-204, eff. 1-1-96.)
21 (Text of Section after amendment by P.A. 89-702)
22 Sec. 21. License renewal; restoration; inactive status;
23 disposition and collection of fees.
24 (A) Renewal. The expiration date and renewal period for
25 each license issued under this Act shall be set by rule. The
26 holder of a license may renew such license by paying the
27 required fee. The holder of a license may also renew the
28 license within 90 days after its expiration by complying with
29 the requirements for renewal and payment of an additional
30 fee. A license renewal within 90 days after expiration shall
31 be effective retroactively to the expiration date.
32 The Department shall mail to each licensee under this
33 Act, to their last known place of address, at least 60 days
34 in advance of the expiration date of their license, a notice
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1 of that fact and an application for renewal form. No such
2 license shall be deemed to have lapsed until 90 days after
3 the expiration date and after such notice and application
4 have been mailed by the Department as herein provided.
5 (B) Restoration. Any licensee who has permitted their
6 license to lapse or who has had their license on inactive
7 status may have their license restored by making application
8 to the Department and filing proof acceptable to the
9 Department of their fitness to have their license restored,
10 including evidence certifying to active practice in another
11 jurisdiction satisfactory to the Department, proof of meeting
12 the continuing education requirements for one renewal period,
13 and by paying the required restoration fee.
14 If the licensee has not maintained an active practice in
15 another jurisdiction satisfactory to the Department, the
16 Licensing Board shall determine, by an evaluation program
17 established by rule, their fitness to resume active status
18 and may require the licensee to complete a period of
19 evaluated clinical experience and may require successful
20 completion of the practical examination.
21 However, any registrant whose license has expired while
22 they have been engaged (a) in Federal Service on active duty
23 with the Army of the United States, the United States Navy,
24 the Marine Corps, the Air Force, the Coast Guard, the Public
25 Health Service or the State Militia called into the service
26 or training of the United States of America, or (b) in
27 training or education under the supervision of the United
28 States preliminary to induction into the military service,
29 may have their license reinstated or restored without paying
30 any lapsed renewal fees, if within 2 years after honorable
31 termination of such service, training or education, they
32 furnish the Department with satisfactory evidence to the
33 effect that they have been so engaged and that their service,
34 training or education has been so terminated.
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1 (C) Inactive licenses. Any licensee who notifies the
2 Department, in writing on forms prescribed by the Department,
3 may elect to place their license on an inactive status and
4 shall, subject to rules of the Department, be excused from
5 payment of renewal fees until they notify the Department in
6 writing of their desire to resume active status.
7 Any licensee requesting restoration from inactive status
8 shall be required to pay the current renewal fee, provide
9 proof of meeting the continuing education requirements for
10 the period of time the license is inactive not to exceed one
11 renewal period, and shall be required to restore their
12 license, as provided in subsection (B).
13 Any licensee whose license is in an inactive status shall
14 not practice in the State of Illinois.
15 (D) Disposition of monies collected. All monies
16 collected under this Act by the Department shall be deposited
17 in the Illinois State Medical Disciplinary Fund in the State
18 Treasury, and used only for the following purposes: (a) by
19 the Medical Disciplinary Board in the exercise of its powers
20 and performance of its duties, as such use is made by the
21 Department with full consideration of all recommendations of
22 the Medical Disciplinary Board, (b) for costs directly
23 related to persons licensed under this Act, and (c) for
24 direct and allocable indirect costs related to the public
25 purposes of the Department of Professional Regulation.
26 Moneys in the Fund may be transferred to the Professions
27 Indirect Cost Fund as authorized under Section 80-300 61e of
28 the Department of Professional Regulation Law (20 ILCS
29 2105/80-300) Civil Administrative Code of Illinois.
30 All earnings received from investment of monies in the
31 Illinois State Medical Disciplinary Fund shall be deposited
32 in the Illinois State Medical Disciplinary Fund and shall be
33 used for the same purposes as fees deposited in such fund.
34 (E) Fees. The following fees are nonrefundable.
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1 (1) Applicants for any examination shall be
2 required to pay, either to the Department or to the
3 designated testing service, a fee covering the cost of
4 determining the applicant's eligibility and providing the
5 examination. Failure to appear for the examination on the
6 scheduled date, at the time and place specified, after
7 the applicant's application for examination has been
8 received and acknowledged by the Department or the
9 designated testing service, shall result in the
10 forfeiture of the examination fee.
11 (2) The fee for a license under Section 9 of this
12 Act is $300.
13 (3) The fee for a license under Section 19 of this
14 Act is $300.
15 (4) The fee for the renewal of a license for a
16 resident of Illinois shall be calculated at the rate of
17 $100 per year, except for licensees who were issued a
18 license within 12 months of the expiration date of the
19 license, the fee for the renewal shall be $100. The fee
20 for the renewal of a license for a nonresident shall be
21 calculated at the rate of $200 per year, except for
22 licensees who were issued a license within 12 months of
23 the expiration date of the license, the fee for the
24 renewal shall be $200.
25 (5) The fee for the restoration of a license other
26 than from inactive status, is $100. In addition payment
27 of all lapsed renewal fees not to exceed $600 is
28 required.
29 (6) The fee for a 3-year temporary license under
30 Section 17 is $100.
31 (7) The fee for the issuance of a duplicate
32 license, for the issuance of a replacement license for a
33 license which has been lost or destroyed or for the
34 issuance of a license with a change of name or address
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1 other than during the renewal period is $20. No fee is
2 required for name and address changes on Department
3 records when no duplicate license is issued.
4 (8) The fee to be paid for a license record for any
5 purpose is $20.
6 (9) The fee to be paid to have the scoring of an
7 examination, administered by the Department, reviewed and
8 verified, is $20 plus any fees charged by the applicable
9 testing service.
10 (10) The fee to be paid by a licensee for a wall
11 certificate showing their license shall be the actual
12 cost of producing such certificate.
13 (11) The fee for a roster of persons licensed as
14 physicians in this State shall be the actual cost of
15 producing such a roster.
16 (F) Any person who delivers a check or other payment to
17 the Department that is returned to the Department unpaid by
18 the financial institution upon which it is drawn shall pay to
19 the Department, in addition to the amount already owed to the
20 Department, a fine of $50. If the check or other payment was
21 for a renewal or issuance fee and that person practices
22 without paying the renewal fee or issuance fee and the fine
23 due, an additional fine of $100 shall be imposed. The fines
24 imposed by this Section are in addition to any other
25 discipline provided under this Act for unlicensed practice or
26 practice on a nonrenewed license. The Department shall notify
27 the person that payment of fees and fines shall be paid to
28 the Department by certified check or money order within 30
29 calendar days of the notification. If, after the expiration
30 of 30 days from the date of the notification, the person has
31 failed to submit the necessary remittance, the Department
32 shall automatically terminate the license or certificate or
33 deny the application, without hearing. If, after termination
34 or denial, the person seeks a license or certificate, he or
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1 she shall apply to the Department for restoration or issuance
2 of the license or certificate and pay all fees and fines due
3 to the Department. The Department may establish a fee for the
4 processing of an application for restoration of a license or
5 certificate to pay all expenses of processing this
6 application. The Director may waive the fines due under this
7 Section in individual cases where the Director finds that the
8 fines would be unreasonable or unnecessarily burdensome.
9 (Source: P.A. 88-246; 89-204, eff. 1-1-96; 89-702, eff.
10 7-1-97.)
11 (225 ILCS 60/39) (from Ch. 111, par. 4400-39)
12 Sec. 39. Stenographer; transcript. The Department, at
13 its expense, shall provide a stenographer to take down the
14 testimony and preserve a record of all proceedings at the
15 hearing of any case wherein a license may be revoked,
16 suspended, placed on probationary status, or other
17 disciplinary action taken with regard thereto. The notice of
18 hearing, complaint and all other documents in the nature of
19 pleadings and written motions filed in the proceedings, the
20 transcript of testimony, the report of the Licensing Board
21 and the orders of the Department constitute the record of the
22 proceedings. The Department shall furnish a transcript of the
23 record to any person interested in such hearing upon payment
24 of the fee required under Section 80-115 60f of the
25 Department of Professional Regulation Law (20 ILCS
26 2105/80-115) Civil Administrative Code of Illinois.
27 (Source: P.A. 87-1031.)
28 Section 5-325. The Naprapathic Practice Act is amended by
29 changing Section 130 as follows:
30 (225 ILCS 63/130)
31 Sec. 130. Formal hearing; preservation of record. The
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1 Department, at its expense, shall preserve a record of all
2 proceedings at the formal hearing of any case. The notice of
3 hearing, complaint, and all other documents in the nature of
4 pleadings and written motions filed in the proceedings, the
5 transcript of testimony, the report of the Committee or
6 hearing officer, and order of the Department shall be the
7 record of the proceeding. The Department shall furnish a
8 transcript of the record to any person interested in the
9 hearing upon payment of the fee required under Section 80-115
10 60f of the Department of Professional Regulation Law (20 ILCS
11 2105/80-115) Civil Administrative Code of Illinois.
12 (Source: P.A. 89-61, eff. 6-30-95.)
13 Section 5-330. The Illinois Nursing Act of 1987 is
14 amended by changing Sections 24 and 33 as follows:
15 (225 ILCS 65/24) (from Ch. 111, par. 3524)
16 Sec. 24. There is hereby created within the State
17 Treasury the Nursing Dedicated and Professional Fund. The
18 monies in the Fund shall be used by and at the direction of
19 the Department for the administration and enforcement of this
20 Act, including but not limited to:
21 (a) Distribution and publication of "The Illinois
22 Nursing Act" and the rules and regulations at the time of
23 renewal to all Registered Professional Nurses and
24 Licensed Practical Nurses licensed by the Department;
25 (b) Employment of secretarial, nursing,
26 administrative, enforcement and research assistance for
27 the administration of this Act. After January 1, 1991,
28 the Director shall employ, in conformity with the
29 Personnel Code, one full-time investigator for every
30 10,000 nurses licensed to practice in the State;
31 (c) Surveying, every license renewal period, the
32 nurse population of Illinois, its employment, earnings,
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1 distribution, education and other professional and
2 demographic characteristics, and for the publication and
3 distribution of the survey; and
4 (d) Conducting of training seminars for licensees
5 under this Act relating to the obligations,
6 responsibilities, enforcement and other provisions of the
7 Act and the regulations thereunder.
8 (e) Disposition of Fees:
9 (i) Until January 1, 1991, 50% of the fees
10 collected pursuant to this Act shall be deposited in
11 the Nursing Dedicated and Professional Fund and 50%
12 shall be deposited in the General Revenue Fund.
13 (ii) On or after January 1, 1991, all of the
14 fees collected pursuant to this Act shall be
15 deposited in the Nursing Dedicated and Professional
16 Fund.
17 For the fiscal year beginning July 1, 1988, the monies
18 deposited in the Nursing Dedicated and Professional Fund
19 shall be appropriated to the Department for expenses of the
20 Department and the Committee in the administration of this
21 Act. All earnings received from investment of monies in the
22 Nursing Dedicated and Professional Fund shall be deposited in
23 the Nursing Dedicated and Professional Fund and shall be used
24 for the same purposes as fees deposited in the Fund.
25 For the fiscal year beginning July 1, 1991 and for each
26 fiscal year thereafter, either 10% of the monies deposited in
27 the Nursing Dedicated and Professional Fund each year, not
28 including interest accumulated on such monies, or any monies
29 deposited in the Fund in each year which are in excess of the
30 amount appropriated in that year to meet ordinary and
31 contingent expenses of the Committee, whichever is less,
32 shall be set aside and appropriated to the Illinois
33 Department of Public Health for nursing scholarships awarded
34 pursuant to the Nursing Education Scholarship Law.
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1 Moneys in the Fund may be transferred to the Professions
2 Indirect Cost Fund as authorized under Section 80-300 61e of
3 the Department of Professional Regulation Law (20 ILCS
4 2105/80-300 Civil Administrative Code of Illinois.
5 In addition to any other permitted use of moneys in the
6 Fund, and notwithstanding any restriction on the use of the
7 Fund, moneys in the Nursing Dedicated and Professional Fund
8 may be transferred to the General Revenue Fund as authorized
9 by this amendatory Act of 1992. The General Assembly finds
10 that an excess of moneys exists in the Fund. On February 1,
11 1992, the Comptroller shall order transferred and the
12 Treasurer shall transfer $200,000 (or such lesser amount as
13 may be on deposit in the Fund and unexpended and unobligated
14 on that date) from the Fund to the General Revenue Fund.
15 (Source: P.A. 89-204, eff. 1-1-96; 89-237, eff. 8-4-95;
16 89-626, eff. 8-9-96.)
17 (225 ILCS 65/33) (from Ch. 111, par. 3533)
18 Sec. 33. Stenographer; transcript. The Department, at
19 its expense, shall provide a stenographer to take down the
20 testimony and preserve a record of all proceedings at the
21 hearing of any case wherein any disciplinary action is taken
22 regarding a license. The notice of hearing, complaint and
23 all other documents in the nature of pleadings and written
24 motions filed in the proceedings, the transcript of
25 testimony, the report of the Committee and the orders of the
26 Department shall be the record of the proceedings. The
27 Department shall furnish a transcript of the record to any
28 person interested in the hearing upon payment of the fee
29 required under Section 80-115 60f of the Department of
30 Professional Regulation Law (20 ILCS 2105/80-115) Civil
31 Administrative Code of Illinois.
32 (Source: P.A. 87-1031.)
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1 Section 5-335. The Nursing Home Administrators Licensing
2 and Disciplinary Act is amended by changing Section 23 as
3 follows:
4 (225 ILCS 70/23) (from Ch. 111, par. 3673)
5 Sec. 23. Stenographer; transcript. The Department, at
6 its expense, shall provide a stenographer to take down the
7 testimony and preserve a record of all proceedings at the
8 hearing of any case wherein a license may be revoked,
9 suspended, placed on probationary status, or other
10 disciplinary action taken with regard thereto. The notice of
11 hearing, complaint and all other documents in the nature of
12 pleadings and written motions filed in the proceedings, the
13 transcript of testimony, the report of the Board and the
14 orders of the Department constitute the record of the
15 proceedings. The Department shall furnish a transcript of the
16 record to any person interested in such hearing upon payment
17 of the fee required under Section 80-115 60f of the
18 Department of Professional Regulation Law (20 ILCS
19 2105/80-115) Civil Administrative Code of Illinois.
20 (Source: P.A. 87-1031.)
21 Section 5-340. The Illinois Optometric Practice Act of
22 1987 is amended by changing Section 20 as follows:
23 (225 ILCS 80/20) (from Ch. 111, par. 3920)
24 (Text of Section before amendment by P.A. 89-702)
25 Sec. 20. All moneys received by the Department pursuant
26 to this Act shall be deposited in the Optometric Licensing
27 and Disciplinary Committee Fund, which is hereby created as a
28 special fund in the State Treasury, and shall be used only
29 for the administration of this Act, including: (a) by the
30 Committee in the exercise of its powers and performance of
31 its duties, as such use is made by the Department with full
-554- LRB9000008DJcc
1 consideration of all recommendations of the Committee; (b)
2 for costs directly related to license renewal of persons
3 licensed under this Act; and (c) for direct and allocable
4 indirect costs related to the public purposes of the
5 Department of Professional Regulation.
6 Moneys in the Fund may be transferred to the Professions
7 Indirect Cost Fund as authorized under Section 80/300 61e of
8 the Department of Professional Regulation Law (20 ILCS
9 2105/80-300) Civil Administrative Code of Illinois.
10 In addition to any other permitted use of moneys in the
11 Fund, and notwithstanding any restriction on the use of the
12 Fund, moneys in the Optometric Licensing and Disciplinary
13 Committee Fund may be transferred to the General Revenue Fund
14 as authorized by this amendatory Act of 1992. The General
15 Assembly finds that an excess of moneys exists in the Fund.
16 On February 1, 1992, the Comptroller shall order transferred
17 and the Treasurer shall transfer $200,000 (or such lesser
18 amount as may be on deposit in the Fund and unexpended and
19 unobligated on that date) from the Fund to the General
20 Revenue Fund.
21 Money in the Optometric Licensing and Disciplinary
22 Committee Fund may be invested and reinvested, with all
23 earnings received from such investment to be deposited in the
24 Optometric Licensing and Disciplinary Committee Fund and used
25 for the same purposes as fees deposited in such fund.
26 Any monies in the Optometric Examining and Disciplinary
27 Committee Fund on the effective date of this Act shall be
28 transferred to the Optometric Licensing and Disciplinary
29 Committee Fund.
30 Any obligations of the Optometric Examining and
31 Disciplinary Committee Fund unpaid on the effective date of
32 this Act shall be paid from the Optometric Licensing and
33 Disciplinary Committee Fund.
34 (Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96;
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1 89-626, eff. 8-9-96.)
2 (Text of Section after amendment by P.A. 89-702)
3 Sec. 20. Fund. All moneys received by the Department
4 pursuant to this Act shall be deposited in the Optometric
5 Licensing and Disciplinary Board Fund, which is hereby
6 created as a special fund in the State Treasury, and shall be
7 used only for the administration of this Act, including: (a)
8 by the Board in the exercise of its powers and performance of
9 its duties, as such use is made by the Department with full
10 consideration of all recommendations of the Board; (b) for
11 costs directly related to license renewal of persons licensed
12 under this Act; and (c) for direct and allocable indirect
13 costs related to the public purposes of the Department of
14 Professional Regulation.
15 Moneys in the Fund may be transferred to the Professions
16 Indirect Cost Fund as authorized under Section 80-300 61e of
17 the Department of Professional Regulation Law (20 ILCS
18 2105/80-300) Civil Administrative Code of Illinois.
19 Money in the Optometric Licensing and Disciplinary Board
20 Fund may be invested and reinvested, with all earnings
21 received from such investment to be deposited in the
22 Optometric Licensing and Disciplinary Board Fund and used for
23 the same purposes as fees deposited in such fund.
24 Any monies in the Optometric Examining and Disciplinary
25 Board Fund on the effective date of this Act shall be
26 transferred to the Optometric Licensing and Disciplinary
27 Board Fund.
28 Any obligations of the Optometric Examining and
29 Disciplinary Board Fund unpaid on the effective date of this
30 Act shall be paid from the Optometric Licensing and
31 Disciplinary Board Fund.
32 (Source: P.A. 89-140, eff. 1-1-96; 89-204, eff. 1-1-96;
33 89-626, eff. 8-9-96; 89-702, eff. 7-1-97.)
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1 Section 5-345. The Pharmacy Practice Act of 1987 is
2 amended by changing Section 27 as follows:
3 (225 ILCS 85/27) (from Ch. 111, par. 4147)
4 Sec. 27. Fees. The following fees are not refundable.
5 (A) Certificate of pharmacy technician.
6 (1) The fee for application for a certificate of
7 registration as a pharmacy technician is $40.
8 (2) The fee for the renewal of a certificate of
9 registration as a pharmacy technician shall be calculated
10 at the rate of $25 per year.
11 (B) License as a pharmacist.
12 (1) The fee for application for a license is $75.
13 (2) In addition, applicants for any examination as
14 a registered pharmacist shall be required to pay, either
15 to the Department or to the designated testing service, a
16 fee covering the cost of determining an applicant's
17 eligibility and providing the examination. Failure to
18 appear for the examination on the scheduled date, at the
19 time and place specified, after the applicant's
20 application for examination has been received and
21 acknowledged by the Department or the designated testing
22 service, shall result in the forfeiture of the
23 examination fee.
24 (3) The fee for a license as a registered
25 pharmacist registered or licensed under the laws of
26 another state or territory of the United States is $200.
27 (4) The fee upon the renewal of a license shall be
28 calculated at the rate of $75 per year.
29 (5) The fee for the restoration of a certificate
30 other than from inactive status is $10 plus all lapsed
31 renewal fees.
32 (6) Applicants for the preliminary diagnostic
33 examination shall be required to pay, either to the
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1 Department or to the designated testing service, a fee
2 covering the cost of determining an applicant's
3 eligibility and providing the examination. Failure to
4 appear for the examination on the scheduled date, at the
5 time and place specified, after the application for
6 examination has been received and acknowledged by the
7 Department or the designated testing service, shall
8 result in the forfeiture of the examination fee.
9 (7) The fee to have the scoring of an examination
10 authorized by the Department reviewed and verified is $20
11 plus any fee charged by the applicable testing service.
12 (C) License as a pharmacy.
13 (1) The fee for application for a license for a
14 pharmacy under this Act is $100.
15 (2) The fee for the renewal of a license for a
16 pharmacy under this Act shall be calculated at the rate
17 of $100 per year.
18 (3) The fee for the change of a
19 pharmacist-in-charge is $25.
20 (D) General Fees.
21 (1) The fee for the issuance of a duplicate
22 license, for the issuance of a replacement license for a
23 license that has been lost or destroyed or for the
24 issuance of a license with a change of name or address
25 other than during the renewal period is $20. No fee is
26 required for name and address changes on Department
27 records when no duplicate certification is issued.
28 (2) The fee for a certification of a registrant's
29 record for any purpose is $20.
30 (3) The fee to have the scoring of an examination
31 administered by the Department reviewed and verified is
32 $20.
33 (4) The fee for a wall certificate showing
34 licensure or registration shall be the actual cost of
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1 producing the certificate.
2 (5) The fee for a roster of persons registered as
3 pharmacists or registered pharmacies in this State shall
4 be the actual cost of producing the roster.
5 (6) The fee for pharmacy licensing, disciplinary or
6 investigative records obtained pursuant to a subpoena is
7 $1 per page.
8 (E) Except as provided in subsection (F), all moneys
9 received by the Department under this Act shall be deposited
10 in the Illinois State Pharmacy Disciplinary Fund hereby
11 created in the State Treasury and shall be used only for the
12 following purposes: (a) by the State Board of Pharmacy in the
13 exercise of its powers and performance of its duties, as such
14 use is made by the Department upon the recommendations of the
15 State Board of Pharmacy, (b) for costs directly related to
16 license renewal of persons licensed under this Act, and (c)
17 for direct and allocable indirect costs related to the public
18 purposes of the Department of Professional Regulation.
19 Moneys in the Fund may be transferred to the Professions
20 Indirect Cost Fund as authorized under Section 80-300 61e of
21 the Department of Professional Regulation Law (20 ILCS
22 2105/80-300) Civil Administrative Code of Illinois.
23 The moneys deposited in the Illinois State Pharmacy
24 Disciplinary Fund shall be invested to earn interest which
25 shall accrue to the Fund. The Department shall present to the
26 Board for its review and comment all appropriation requests
27 from the Illinois State Pharmacy Disciplinary Fund. The
28 Department shall give due consideration to any comments of
29 the Board in making appropriation requests.
30 (F) From the money received for license renewal fees, $5
31 from each pharmacist fee, and $2.50 from each pharmacy
32 technician fee, shall be set aside within the Illinois State
33 Pharmacy Disciplinary Fund for the purpose of supporting a
34 substance abuse program for pharmacists and pharmacy
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1 technicians. The State Board of Pharmacy shall determine how
2 and to whom the money set aside under this subsection is
3 disbursed.
4 (G) In addition to any other permitted use of moneys in
5 the Fund, and notwithstanding any restriction on the use of
6 the Fund, moneys in the Illinois State Pharmacy Disciplinary
7 Fund may be transferred to the General Revenue Fund as
8 authorized by this amendatory Act of 1992. The General
9 Assembly finds that an excess of moneys exists in the Fund.
10 On February 1, 1992, the Comptroller shall order transferred
11 and the Treasurer shall transfer $200,000 (or such lesser
12 amount as may be on deposit in the Fund and unexpended and
13 unobligated on that date) from the Fund to the General
14 Revenue Fund.
15 (Source: P.A. 89-202, eff. 7-21-95; 89-204, eff. 1-1-96;
16 89-626, eff. 8-9-96.)
17 Section 5-350. The Podiatric Medical Practice Act of 1987
18 is amended by changing Section 19 as follows:
19 (225 ILCS 100/19) (from Ch. 111, par. 4819)
20 Sec. 19. Disciplinary fund. All fees and fines received
21 by the Department under this Act shall be deposited in the
22 Illinois State Podiatric Disciplinary Fund, a special fund
23 created hereunder in the State Treasury. Of the moneys
24 deposited into the Illinois State Podiatric Disciplinary
25 Fund, 15% of the money received from the payment of renewal
26 fees shall be used for podiatric scholarships and residency
27 programs under the Podiatric Scholarship and Residency Act
28 and the remainder shall be appropriated to the Department for
29 expenses of the Department and of the Podiatric Medical
30 Licensing Board and for podiatric scholarships and residency
31 programs under the Podiatric Scholarship and Residency Act.
32 Moneys in the Illinois State Podiatric Disciplinary Fund
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1 may be invested and reinvested in investments authorized for
2 the investment of funds of the State Employees' Retirement
3 System of Illinois.
4 All earnings received from such investments shall be
5 deposited in the Illinois State Podiatric Disciplinary Fund
6 and may be used for the same purposes as fees deposited in
7 such fund.
8 Moneys in the Fund may be transferred to the Professions
9 Indirect Cost Fund as authorized under Section 80-300 61e of
10 the Department of Professional Regulation Law (20 ILCS
11 2105/80-300) Civil Administrative Code of Illinois.
12 Upon the completion of any audit of the Department as
13 prescribed by the Illinois State Auditing Act which includes
14 an audit of the Illinois State Podiatric Disciplinary Fund,
15 the Department shall make the audit open to inspection by any
16 interested person.
17 In addition to any other permitted use of moneys in the
18 Fund, and notwithstanding any restriction on the use of the
19 Fund, moneys in the Illinois State Podiatric Disciplinary
20 Fund may be transferred to the General Revenue Fund as
21 authorized by this amendatory Act of 1992. The General
22 Assembly finds that an excess of moneys exists in the Fund.
23 On February 1, 1992, the Comptroller shall order transferred
24 and the Treasurer shall transfer $400,000 (or such lesser
25 amount as may be on deposit in the Fund and unexpended and
26 unobligated on that date) from the Fund to the General
27 Revenue Fund.
28 (Source: P.A. 89-204, eff. 1-1-96.)
29 Section 5-355. The Professional Boxing and Wrestling Act
30 is amended by changing Section 20 as follows:
31 (225 ILCS 105/20) (from Ch. 111, par. 5020)
32 Sec. 20. Stenographer; transcript. The Department, at
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1 its expense, shall provide a stenographer to take down the
2 testimony and preserve a record of all proceedings at the
3 hearing of any case wherein a license or permit is subjected
4 to disciplinary action. The notice of hearing, complaint and
5 all other documents in the nature of pleadings and written
6 motions filed in the proceedings, the transcript of
7 testimony, the report of the board and the orders of the
8 Department shall be the record of the proceedings. The
9 Department shall furnish a transcript of the record to any
10 person interested in the hearing upon payment of the fee
11 required under Section 80-115 60f of the Department of
12 Professional Regulation Law (20 ILCS 2105/80-115) Civil
13 Administrative Code of Illinois.
14 (Source: P.A. 87-1031.)
15 Section 5-360. The Respiratory Care Practice Act is
16 amended by changing Section 110 as follows:
17 (225 ILCS 106/110)
18 Sec. 110. Record of proceedings; transcript. The
19 Department, at its expense, shall preserve the record of all
20 proceedings at a formal hearing of any case. The notice of
21 hearing, complaint, all other documents in the nature of
22 pleadings and written motions filed in the proceedings, the
23 transcript of testimony, the report of the Board and orders
24 of the Department shall be in the record of the proceedings.
25 The Department shall furnish a transcript of the record to
26 any person interested in the hearing upon payment of the fee
27 required under Section 80-115 60f of the Department of
28 Professional Regulation Law (20 ILCS 2105/80-115) Civil
29 Administrative Code of Illinois.
30 (Source: P.A. 89-33, eff. 1-1-96.)
31 Section 5-365. The Professional Counselor and Clinical
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1 Professional Counselor Licensing Act is amended by changing
2 Section 95 as follows:
3 (225 ILCS 107/95)
4 Sec. 95. Record of proceedings; transcript. The
5 Department, at its expense, shall preserve a record of all
6 proceedings at the formal hearing of any case. The notice of
7 hearing, complaint, all other documents in the nature of
8 pleadings, written motions filed in the proceedings, the
9 transcript of testimony, the report of the Board and orders
10 of the Department shall be in the record of such proceeding.
11 The Department shall furnish a transcript of the record to
12 any person interested in the hearing upon payment of the fee
13 required under Section 80-115 60f of the Department of
14 Professional Regulation Law (20 ILCS 2105/80-115) Civil
15 Administrative Code of Illinois.
16 (Source: P.A. 87-1011; 87-1269.)
17 Section 5-370. The Wholesale Drug Distribution Licensing
18 Act is amended by changing Section 35 as follows:
19 (225 ILCS 120/35) (from Ch. 111, par. 8301-35)
20 Sec. 35. Fees; Illinois State Pharmacy Disciplinary Fund.
21 (a) The following fees shall be imposed by the
22 Department and are not refundable.
23 (1) The fee for application for a certificate of
24 registration as a wholesale drug distributor is $200.
25 (2) The fee for the renewal of a certificate of
26 registration as a wholesale drug distributor is $200 per
27 year.
28 (3) The fee for the change of person responsible
29 for drugs is $50.
30 (4) The fee for the issuance of a duplicate license
31 to replace a license that has been lost or destroyed is
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1 $25.
2 (5) The fee for certification of a registrant's
3 record for any purpose is $25.
4 (6) The fee for a roster of licensed wholesale drug
5 distributors shall be the actual cost of producing the
6 roster.
7 (7) The fee for wholesale drug distributor
8 licensing, disciplinary, or investigative records
9 obtained under subpoena is $1 per page.
10 (b) All moneys received by the Department under this Act
11 shall be deposited into the Illinois State Pharmacy
12 Disciplinary Fund in the State Treasury and shall be used
13 only for the following purposes: (i) by the State Board of
14 Pharmacy in the exercise of its powers and performance of its
15 duties, as such use is made by the Department upon the
16 recommendations of the State Board of Pharmacy, (ii) for
17 costs directly related to license renewal of persons licensed
18 under this Act, and (iii) for direct and allocable indirect
19 costs related to the public purposes of the Department of
20 Professional Regulation. Moneys in the Fund may be
21 transferred to the Professions Indirect Cost Fund as
22 authorized by Section 80-300 61e of the Department of
23 Professional Regulation Law (20 ILCS 2105/80-300) Civil
24 Administrative Code of Illinois.
25 The moneys deposited into the Illinois State Pharmacy
26 Disciplinary Fund shall be invested to earn interest which
27 shall accrue to the Fund.
28 The Department shall present to the Board for its review
29 and comment all appropriation requests from the Illinois
30 State Pharmacy Disciplinary Fund. The Department shall give
31 due consideration to any comments of the Board in making
32 appropriation requests.
33 (c) Any person who delivers a check or other payment to
34 the Department that is returned to the Department unpaid by
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1 the financial institution upon which it is drawn shall pay to
2 the Department, in addition to the amount already owed to the
3 Department, a fine of $50. If the check or other payment was
4 for a renewal or issuance fee and that person practices
5 without paying the renewal fee or issuance fee and the fine
6 due, an additional fine of $100 shall be imposed. The fines
7 imposed by this Section are in addition to any other
8 discipline provided under this Act for unlicensed practice or
9 practice on a nonrenewed license. The Department shall
10 notify the person that payment of fees and fines shall be
11 paid to the Department by certified check or money order
12 within 30 calendar days of the notification. If, after the
13 expiration of 30 days from the date of the notification, the
14 person has failed to submit the necessary remittance, the
15 Department shall automatically terminate the license or
16 certificate or deny the application, without hearing. If,
17 after termination or denial, the person seeks a license or
18 certificate, he or she shall apply to the Department for
19 restoration or issuance of the license or certificate and pay
20 all fees and fines due to the Department. The Department may
21 establish a fee for the processing of an application for
22 restoration of a license or certificate to pay all expenses
23 of processing this application. The Director may waive the
24 fines due under this Section in individual cases where the
25 Director finds that the fines would be unreasonable or
26 unnecessarily burdensome.
27 (d) The Department shall maintain a roster of the names
28 and addresses of all registrants and of all persons whose
29 licenses have been suspended or revoked. This roster shall
30 be available upon written request and payment of the required
31 fee.
32 (Source: P.A. 89-204, eff. 1-1-96.)
33 Section 5-375. The Illinois Architecture Practice Act of
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1 1989 is amended by changing Sections 25 and 38 as follows:
2 (225 ILCS 305/25) (from Ch. 111, par. 1325)
3 Sec. 25. Stenographer; transcript. The Department, at
4 its expense, shall preserve a record of all proceedings at
5 the formal hearing of any case involving the refusal to
6 restore, issue or renew a license, or the discipline of a
7 licensee. The notice of hearing, complaint and all other
8 documents in the nature of pleadings and written motions
9 filed in the proceedings, the transcript of testimony, the
10 report of the Board and the orders of the Department shall be
11 the record of the proceedings. The Department shall furnish
12 a transcript of the record to any person interested in the
13 hearing upon payment of the fee required by Section 80-115
14 60f of the Department of Professional Regulation Law (20 ILCS
15 2105/80-115) Civil Administrative Code of Illinois.
16 (Source: P.A. 86-702; 87-1031.)
17 (225 ILCS 305/38) (from Ch. 111, par. 1338)
18 Sec. 38. Fund; appropriations; investments; audits.
19 Moneys deposited in the Design Professionals Administration
20 and Investigation Fund shall be appropriated to the
21 Department exclusively for expenses of the Department and the
22 Board in the administration of this Act, the Illinois
23 Professional Land Surveyor Act of 1989, the Professional
24 Engineering Practice Act of 1989, and the Structural
25 Engineering Licensing Act of 1989. The expenses of the
26 Department under this Act shall be limited to the ordinary
27 and contingent expenses of the Design Professionals Dedicated
28 Employees within the Department as established under Section
29 80-75 62.1 of the Department of Professional Regulation Law
30 (20 ILCS 2105/80-75) Civil Administrative Code of Illinois
31 and other expenses related to the administration and
32 enforcement of this Act.
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1 Moneys from the Fund may also be used for direct and
2 allocable indirect costs related to the public purposes of
3 the Department of Professional Regulation. Moneys in the
4 Fund may be transferred to the Professions Indirect Cost Fund
5 as authorized by Section 80-300 61e of the Department of
6 Professional Regulation Law (20 ILCS 2105/80-300) Civil
7 Administrative Code of Illinois.
8 All fines and penalties under Sections 22 and 36 shall be
9 deposited in the Design Professional Administration and
10 Investigation Fund.
11 Moneys in the Design Professional Administration and
12 Investigation Fund may be invested and reinvested, with all
13 earnings received from the investments to be deposited in the
14 Design Professionals Administration and Investigation Fund
15 and used for the same purposes as fees deposited in the Fund.
16 Upon the completion of any audit of the Department as
17 prescribed by the Illinois State Auditing Act that includes
18 an audit of the Design Professionals Administration and
19 Investigation Fund, the Department shall make the audit open
20 to inspection by any interested person. The copy of the
21 audit report required to be submitted to the Department by
22 this Section is an addition to copies of audit reports
23 required to be submitted to other State officers and agencies
24 by Section 3-14 of the Illinois State Auditing Act.
25 (Source: P.A. 89-204, eff. 1-1-96.)
26 Section 5-380. The Interior Design Profession Title Act
27 is amended by changing Section 30 as follows:
28 (225 ILCS 310/30) (from Ch. 111, par. 8230)
29 Sec. 30. Interior Design Administration and Investigation
30 Fund. All of the fees collected under this Act shall be
31 deposited in the Interior Design Administration and
32 Investigation Fund. The monies deposited in the Interior
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1 Design Administration and Investigation Fund shall be
2 appropriated to the Department for expenses of the Department
3 and the Board in the administration of this Act. Monies in
4 the Interior Design Administration and Investigation Fund may
5 be invested and reinvested, with all earnings received from
6 such investment to be deposited in the Interior Design
7 Administration and Investigation Fund and used for the same
8 purposes as fees deposited in the Fund.
9 Moneys from the Fund may also be used for direct and
10 allocable indirect costs related to the public purposes of
11 the Department of Professional Regulation. Moneys in the
12 Fund may be transferred to the Professions Indirect Cost Fund
13 as authorized by Section 80-300 61e of the Department of
14 Professional Regulation Law (20 ILCS 2105/80-300) Civil
15 Administrative Code of Illinois.
16 Upon the completion of any audit of the Department as
17 prescribed by the Illinois State Auditing Act that includes
18 an audit of the Interior Design Administration and
19 Investigation Fund, the Department shall make the audit open
20 to inspection by any interested person. The copy of the audit
21 report required to be submitted to the Department by this
22 Section is in addition to copies of audit reports required to
23 be submitted to other State officers and agencies by Section
24 3-14 of the Illinois State Auditing Act.
25 (Source: P.A. 89-204, eff. 1-1-96.)
26 Section 5-385. The Illinois Landscape Architecture Act of
27 1989 is amended by changing Sections 15 and 20 as follows:
28 (225 ILCS 315/15) (from Ch. 111, par. 8115)
29 Sec. 15. Disposition of funds. All of the fees
30 collected pursuant to this Act shall be deposited in the
31 Landscape Architects' Administration and Investigation Fund.
32 The monies deposited in the Landscape Architects'
-568- LRB9000008DJcc
1 Administration and Investigation Fund shall be appropriated
2 to the Department for expenses of the Department in the
3 administration of this Act.
4 Moneys from the Fund may also be used for direct and
5 allocable indirect costs related to the public purposes of
6 the Department of Professional Regulation. Moneys in the
7 Fund may be transferred to the Professions Indirect Cost Fund
8 as authorized by Section 80-300 61e of the Department of
9 Professional Regulation Law (20 ILCS 2105/80-300) Civil
10 Administrative Code of Illinois.
11 Money deposited in the Landscape Architects'
12 Administration and Investigation Fund pursuant to this
13 Section may be invested and reinvested, with all earnings
14 received from such investment to be deposited in the
15 Landscape Architects' Administration and Investigation Fund
16 and used for the same purposes as fees deposited in such
17 fund.
18 (Source: P.A. 89-204, eff. 1-1-96.)
19 (225 ILCS 315/20) (from Ch. 111, par. 8120)
20 Sec. 20. Record of proceedings; transcript. The
21 Department, at its expense, shall preserve a record of all
22 proceedings at the formal hearing of any case involving the
23 refusal to restore, issue or renew a license, or the
24 discipline of a licensee. The notice of hearing, complaint
25 and all other documents in the nature of pleadings and
26 written motions filed in the proceedings, the transcript of
27 testimony, the report of the Board and the orders of the
28 Department shall be the record of the proceedings. The
29 Department shall furnish a transcript of the record to any
30 person interested in the hearing upon payment of the fee
31 required under Section 80-115 60f of the Department of
32 Professional Regulation Law (20 ILCS 2105/80-115) Civil
33 Administrative Code of Illinois.
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1 (Source: P.A. 87-1031; 88-363.)
2 Section 5-390. The Professional Engineering Practice Act
3 of 1989 is amended by changing Sections 27 and 44 as
4 follows:
5 (225 ILCS 325/27) (from Ch. 111, par. 5227)
6 Sec. 27. Stenographer; transcript. The Department, at
7 its expense, shall preserve a record of all proceedings at
8 the formal hearing of any case involving the refusal to
9 issue, restore or renew a license or otherwise discipline a
10 registrant. The notice of hearing, complaint and all other
11 documents in the nature of pleadings and written motions
12 filed in the proceedings, the transcript of testimony, the
13 report of the Board and orders of the Department shall be in
14 the record of the proceeding. The Department shall furnish a
15 transcript of the record to any person interested in the
16 hearing upon payment of the fee required under Section 80-115
17 60f of the Department of Professional Regulation Law (20 ILCS
18 2105/80-115) Civil Administrative Code of Illinois.
19 (Source: P.A. 86-667; 87-1031.)
20 (225 ILCS 325/44) (from Ch. 111, par. 5244)
21 Sec. 44. Fund; appropriations; investments; audits.
22 Moneys deposited in the Design Professionals Administration
23 and Investigation Fund shall be appropriated to the
24 Department exclusively for expenses of the Department and the
25 Board in the administration of this Act, the Illinois
26 Professional Land Surveyor Act of 1989, the Illinois
27 Architecture Practice Act, and the Structural Engineering
28 Licensing Act of 1989. The expenses of the Department under
29 this Act shall be limited to the ordinary and contingent
30 expenses of the Design Professionals Dedicated Employees
31 within the Department as established under Section 80-75 62.1
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1 of the Department of Professional Regulation Law (20 ILCS
2 2105/80-75) Civil Administrative Code of Illinois and other
3 expenses related to the administration and enforcement of
4 this Act.
5 Moneys from the Fund may also be used for direct and
6 allocable indirect costs related to the public purposes of
7 the Department of Professional Regulation. Moneys in the
8 Fund may be transferred to the Professions Indirect Cost Fund
9 as authorized by Section 80-300 61e of the Department of
10 Professional Regulation Law (20 ILCS 2105/80-300) Civil
11 Administrative Code of Illinois.
12 Moneys in the Design Professionals Administration and
13 Investigation Fund may be invested and reinvested with all
14 earnings received from the investments to be deposited in the
15 Design Professionals Administration and Investigation Fund
16 and used for the same purposes as fees deposited in the Fund.
17 All fines and penalties under Section 24 and Section 39
18 shall be deposited in the Design Professionals Administration
19 and Investigation Fund.
20 Upon the completion of any audit of the Department as
21 prescribed by the Illinois State Auditing Act that audit
22 includes an audit of the Design Professionals Administration
23 and Investigation Fund, the Department shall make the audit
24 report open to inspection by any interested person. The copy
25 of the audit report required to be submitted to the
26 Department by this Section is in addition to copies of audit
27 reports required to be submitted to other State officers and
28 agencies by Section 3-14 of the Illinois State Auditing Act.
29 (Source: P.A. 89-204, eff. 1-1-96.)
30 Section 5-395. The Illinois Professional Land Surveyor
31 Act of 1989 is amended by changing Sections 30 and 48 as
32 follows:
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1 (225 ILCS 330/30) (from Ch. 111, par. 3280)
2 Sec. 30. Stenographer; transcript. The Department, at
3 its expense, shall provide a stenographer to take down the
4 testimony and preserve a record of all proceedings at the
5 hearing of any case where a license is revoked, suspended, or
6 other disciplinary action is taken. The notice of hearing,
7 complaint and all other documents in the nature of pleadings
8 and written motions filed in the proceedings, the transcript
9 of testimony, the report of the Board and the orders of the
10 Department shall be the record of the proceedings. The
11 Department shall furnish a transcript of the record to any
12 person interested in the hearing upon payment of the fee
13 required under Section 80-115 60f of the Department of
14 Professional Regulation Law (20 ILCS 2105/80-115) Civil
15 Administrative Code of Illinois.
16 (Source: P.A. 86-987; 87-1031.)
17 (225 ILCS 330/48) (from Ch. 111, par. 3298)
18 Sec. 48. Fund, appropriations, investments and audits.
19 The moneys deposited in the Design Professionals
20 Administration and Investigation Fund from fines and fees
21 under this Act shall be appropriated to the Department
22 exclusively for expenses of the Department and the Board in
23 the administration of this Act, the Illinois Architecture
24 Practice Act, the Professional Engineering Practice Act of
25 1989, and the Structural Engineering Licensing Act of 1989.
26 The expenses of the Department under this Act shall be
27 limited to the ordinary and contingent expenses of the Design
28 Professionals Dedicated Employees within the Department as
29 established under Section 80-75 62.1 of the Department of
30 Professional Regulation Law (20 ILCS 2105/80-75) Civil
31 Administrative Code of Illinois and other expenses related to
32 the administration and enforcement of this Act.
33 Moneys from the Fund may also be used for direct and
-572- LRB9000008DJcc
1 allocable indirect costs related to the public purposes of
2 the Department of Professional Regulation. Moneys in the
3 Fund may be transferred to the Professions Indirect Cost Fund
4 as authorized by Section 80-300 61e of the Department of
5 Professional Regulation Law (20 ILCS 2105/80-300) Civil
6 Administrative Code of Illinois.
7 Moneys in the Design Professionals Administration and
8 Investigation Fund may be invested and reinvested with all
9 earnings received from the investments to be deposited in the
10 Design Professionals Administration and Investigation Fund
11 and used for the same purposes as fees deposited in that
12 Fund.
13 Upon the completion of any audit of the Department as
14 prescribed by the Illinois State Auditing Act that includes
15 an audit of the Design Professionals Administration and
16 Investigation Fund, the Department shall make the audit open
17 to inspection by any interested person. The copy of the
18 audit report required to be submitted to the Department by
19 this Section is in addition to copies of audit reports
20 required to be submitted to other State officers and agencies
21 by Section 3-14 of the Illinois State Auditing Act.
22 (Source: P.A. 89-204, eff. 1-1-96.)
23 Section 5-400. The Illinois Roofing Industry Licensing
24 Act is amended by changing Section 9.2 as follows:
25 (225 ILCS 335/9.2) (from Ch. 111, par. 7509.2)
26 Sec. 9.2. The Department, at its expense, shall preserve
27 a record of all proceedings at the formal hearing of any
28 case. The notice of hearing, complaint and all other
29 documents in the nature of pleadings and written motions
30 filed in the proceedings, the transcript of testimony, the
31 report of the hearing officer and order of the Department
32 shall be the record of such proceeding. The Department shall
-573- LRB9000008DJcc
1 furnish a transcript of the record to any person interested
2 in the hearing upon payment of the fee required under Section
3 80-115 60f of the Department of Professional Regulation Law
4 (20 ILCS 2105/80-115) Civil Administrative Code of Illinois.
5 (Source: P.A. 89-387, eff. 1-1-96.)
6 Section 5-405. The Structural Engineering Licensing Act
7 of 1989 is amended by changing Sections 23 and 36 as follows:
8 (225 ILCS 340/23) (from Ch. 111, par. 6623)
9 Sec. 23. Record; transcript. The Department, at its
10 expense, shall preserve a record of all proceedings at the
11 formal hearing of any case involving the refusal to issue,
12 restore or renew a license or the discipline of a licensee.
13 The notice of hearing, complaint and all other documents in
14 the nature of pleadings and written motions filed in the
15 proceedings, the transcript of testimony, the report of the
16 Board and the orders of the Department shall be the record of
17 the proceedings. The Department shall furnish a transcript of
18 the record to any person interested in the hearing upon
19 payment of the fee required under Section 80-115 60f of the
20 Department of Professional Regulation Law (20 ILCS
21 2105/80-115) Civil Administrative Code of Illinois.
22 (Source: P.A. 86-711; 87-1031.)
23 (225 ILCS 340/36) (from Ch. 111, par. 6636)
24 Sec. 36. Fund; appropriations; investments; audits.
25 Moneys collected under this Act and deposited in the Design
26 Professionals Administration and Investigation Fund shall be
27 appropriated to the Department exclusively for expenses of
28 the Department and the Board in the administration of this
29 Act, the Illinois Professional Land Surveyor Act of 1989, the
30 Professional Engineering Practice Act of 1989, and the
31 Illinois Architecture Practice Act. The expenses of the
-574- LRB9000008DJcc
1 Department under this Act shall be limited to the ordinary
2 and contingent expenses of the Design Professionals Dedicated
3 Employees within the Department as established under Section
4 80-75 62.1 of the Department of Professional Regulation Law
5 (20 ILCS 2105/80-75) Civil Administrative Code of Illinois
6 and other expenses related to the administration and
7 enforcement of this Act.
8 Moneys from the Fund may also be used for direct and
9 allocable indirect costs related to the public purposes of
10 the Department of Professional Regulation. Moneys in the
11 Fund may be transferred to the Professions Indirect Cost Fund
12 as authorized by Section 80-300 61e of the Department of
13 Professional Regulation Law (20 ILCS 2105/80-300) Civil
14 Administrative Code of Illinois.
15 Moneys in the Design Professionals Administration and
16 Investigation Fund may be invested and reinvested, with all
17 earnings received from the investments to be deposited in the
18 Design Professionals Administration and Investigation Fund
19 and used for the same purposes as fees deposited in the Fund.
20 All fines and penalties under Sections 20 and 34 shall be
21 deposited in the Design Professionals Administration and
22 Investigation Fund.
23 Upon the completion of any audit of the Department, as
24 prescribed by the Illinois State Auditing Act, that includes
25 an audit of the Design Professionals Administration and
26 Investigation Fund, the Department shall make the audit open
27 to inspection by any interested person. The copy of the
28 audit report required to be submitted to the Department by
29 this Section is in addition to copies of audit reports
30 required to be submitted to other State officers and agencies
31 by Section 3-14 of the Illinois State Auditing Act.
32 (Source: P.A. 89-204, eff. 1-1-96.)
33 Section 5-410. The Collection Agency Act is amended by
-575- LRB9000008DJcc
1 changing Section 17 as follows:
2 (225 ILCS 425/17)
3 Sec. 17. Record of hearing. The Department, at its
4 expense, shall preserve a record of all proceedings at the
5 formal hearing of any case. The notice of hearing,
6 complaint, and other documents in the nature of pleadings and
7 written motions filed in the proceedings, the transcript of
8 testimony, the report of the Board, and orders of the
9 Department shall be in the record of the proceedings. The
10 Department shall furnish a transcript of the record to any
11 person interested in the hearing upon payment of the fee
12 required under Section 80-115 60f of the Department of
13 Professional Regulation Law (20 ILCS 2105/80-115) Civil
14 Administrative Code of Illinois.
15 (Source: P.A. 89-387, eff. 1-1-96.)
16 Section 5-415. The Detection of Deception Examiners Act
17 is amended by changing Section 18 as follows:
18 (225 ILCS 430/18) (from Ch. 111, par. 2419)
19 Sec. 18. Stenographer; transcript; Committee report. The
20 Department, at its expense, shall provide a stenographer to
21 take down the testimony and preserve a record of all
22 proceedings at the hearing of any case involving the refusal
23 to issue or the suspension or revocation of a license. The
24 notice of hearing, complaint and all other documents in the
25 nature of pleadings and written motions filed in the
26 proceedings, the transcript of testimony, the report of the
27 Committee and orders of the Department shall be the records
28 of the proceedings. The Department shall furnish a transcript
29 of the record to any person or persons interested in the
30 hearing upon the payment of the fee required under Section
31 80-115 60f of the Department of Professional Regulation Law
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1 (20 ILCS 2105/80-115) Civil Administrative Code of Illinois.
2 In any case involving the refusal to issue or the
3 suspension or revocation of a license, a copy of the
4 Committee's report shall be served upon the respondent by the
5 Department, either personally or by registered or certified
6 mail as provided in this Act for the service of the notice of
7 hearing. Within 20 days after service, the respondent may
8 present to the Department a motion in writing for a
9 rehearing, which shall specify the particular grounds for
10 rehearing. If no motion for rehearing is filed, then upon the
11 expiration of the time specified for filing a motion, or if a
12 motion for rehearing is denied, then upon denial the Director
13 may enter an order in accordance with recommendations of the
14 Committee. If the respondent shall order and pay for a
15 transcript of the record within the time for filing a motion
16 for rehearing, the 20 day period within which a motion may be
17 filed shall commence upon the delivery of the transcript to
18 the respondent.
19 (Source: P.A. 87-1031.)
20 Section 5-420. The Illinois Public Accounting Act is
21 amended by changing Section 32 as follows:
22 (225 ILCS 450/32) (from Ch. 111, par. 5537)
23 Sec. 32. All moneys received by the Department under
24 this Act shall be deposited into the Registered Certified
25 Public Accountants' Administration and Disciplinary Fund,
26 which is hereby created as a special fund in the State
27 Treasury. The funds in the account shall be used by the
28 Department, as appropriated, exclusively for expenses of the
29 Department and the Public Accountants' Registration Committee
30 in the administration of this Act.
31 Moneys in the Registered Certified Public Accountants'
32 Administration and Disciplinary Fund may be invested and
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1 reinvested, with all earnings received from the investments
2 to be deposited into the Registered Certified Public
3 Accountants' Administration and Disciplinary Fund.
4 Moneys from the Fund may also be used for direct and
5 allocable indirect costs related to the public purposes of
6 the Department of Professional Regulation. Moneys in the
7 Fund may be transferred to the Professions Indirect Cost Fund
8 as authorized by Section 80-300 61e of the Department of
9 Professional Regulation Law (20 ILCS 2105/80-300) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 89-204, eff. 1-1-96.)
12 Section 5-430. The Illinois Feeder Swine Dealer Licensing
13 Act is amended by changing Section 16 as follows:
14 (225 ILCS 620/16) (from Ch. 111, par. 216)
15 Sec. 16. Each licensee hereunder, except persons licensed
16 under the Livestock Auction Market Law as now or hereafter
17 amended, shall file with the Department a bond in the amount
18 of $5,000, with the licensee as principal and a surety
19 company authorized to do business in Illinois as surety,
20 conditioned on the performance by such licensee of all duties
21 required by law of a feeder swine dealer. Such bond shall
22 provide that it may not be cancelled without 30 days written
23 notice of termination to the Department prior to the
24 effective date of such termination.
25 Instead of filing a bond, a licensee may deliver to the
26 Department a trust fund agreement showing he has deposited
27 with a bank or trust company either $5,000 in cash or
28 securities endorsed in blank by the owner thereof and having
29 a fair market value of at least $5,000. The form of the
30 trust fund agreement shall be prescribed by the Department.
31 The trust fund agreement shall be subject to the same
32 conditions as would the bond described in this Section. A
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1 licensee desiring to terminate a trust fund agreement shall
2 submit to the Director a written request to do so. The trust
3 fund agreement shall terminate within 30 days after the
4 Director's receipt of the request unless the Director
5 notifies the licensee of his objection to the termination.
6 The Director shall object to the termination of the trust
7 fund agreement where the possibility exists that an
8 obligation covered by the agreement might go unsatisfied.
9 The Director of Agriculture as trustee of the bond or the
10 trust fund described in this Section shall have the
11 authorities granted him in Section 15-410 40.23 of the
12 Department of Agriculture Law (20 ILCS 205/15-410) Civil
13 Administrative Code of Illinois and the rules adopted
14 pursuant thereto.
15 (Source: P.A. 83-760.)
16 Section 5-435. The Illinois Livestock Dealer Licensing
17 Act is amended by changing Section 2 as follows:
18 (225 ILCS 645/2) (from Ch. 111, par. 402)
19 Sec. 2. Necessity of license. No person shall engage in
20 the business of a livestock dealer in this State without a
21 license therefor issued by the Department.
22 A "commission firm" may be exempt from this Act if: it is
23 registered under the "Slaughter Livestock Buyers Act" as a
24 "slaughter livestock broker"; it requires all purchasers of
25 livestock to pay for such livestock before the close of the
26 next business day; it is a commission firm on a public
27 stockyard (St. Louis National Stockyards and Peoria Union
28 Stockyards); it buys or sells slaughter livestock on
29 commission basis only; it does business only on a named
30 public stockyard; and it has a bond on file with the United
31 States Department of Agriculture, Packers and Stockyards,
32 Agricultural Marketing Service, or any successor agency, in
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1 an amount and conditioned upon such terms as meets the
2 conditions of Sections 201.30 and 201.31 of regulations
3 issued under the "Packers and Stockyards Act, 1921", as
4 amended. A duplicate original of such bond filed with the
5 Department will meet the bond requirements of this Act, and
6 such bond shall be the State bond. The Director shall be
7 named as trustee in such bond and the Department shall be
8 named to receive a 30-day notice of cancellation. The
9 Director as trustee of the bond shall have the authorities
10 granted him in Section 15-410 40.23 of the Department of
11 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
12 Code and the rules adopted pursuant thereto.
13 (Source: P.A. 89-154, eff. 7-19-95.)
14 Section 5-440. The Slaughter Livestock Buyers Act is
15 amended by changing Section 4.1 as follows:
16 (225 ILCS 655/4.1) (from Ch. 111, par. 505)
17 Sec. 4.1. The Director shall be named as trustee on any
18 bond required of any person subject to the Packers and
19 Stockyards Act of 1921, as amended in 1976, if the home
20 office or headquarters of that person is located within this
21 State. The Director shall have the authorities granted him
22 in Section 15-410 40.23 of "the Department of Agriculture Law
23 (20 ILCS 205/15-410) Civil Administrative Code of Illinois"
24 and the rules adopted pursuant thereto.
25 (Source: P.A. 81-195.)
26 Section 5-445. The Professional Geologist Licensing Act
27 is amended by changing Section 95 as follows:
28 (225 ILCS 745/95)
29 Sec. 95. Record of proceedings; transcript. The
30 Department, at its expense, shall preserve a record of all
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1 proceedings at the formal hearing of any case. The notice of
2 hearing, complaint, all other documents in the nature of
3 pleadings, written motions filed in the proceedings, the
4 transcripts of testimony, the report of the Board, and orders
5 of the Department shall be in the record of the proceeding.
6 The Department shall furnish a transcript of such record to
7 any person interested in such hearing upon payment of the fee
8 required under Section 80-115 60f of the Department of
9 Professional Regulation Law (20 ILCS 2105/80-115) Civil
10 Administrative Code of Illinois.
11 (Source: P.A. 89-366, eff. 7-1-96.)
12 Section 5-450. The Illinois Horse Racing Act of 1975 is
13 amended by changing Sections 9, 28, and 31 as follows:
14 (230 ILCS 5/9) (from Ch. 8, par. 37-9)
15 Sec. 9. The Board shall have all powers necessary and
16 proper to fully and effectively execute the provisions of
17 this Act, including, but not limited to, the following:
18 (a) The Board is vested with jurisdiction and
19 supervision over all race meetings in this State, over all
20 licensees doing business in this State, over all occupation
21 licensees, and over all persons on the facilities of any
22 licensee. Such jurisdiction shall include the power to issue
23 licenses to the Illinois Department of Agriculture
24 authorizing the pari-mutuel system of wagering on harness and
25 Quarter Horse races held (1) at the Illinois State Fair in
26 Sangamon County, and (2) at the DuQuoin State Fair in Perry
27 County. The jurisdiction of the Board shall also include the
28 power to issue licenses to county fairs which are eligible to
29 receive funds pursuant to the Agricultural Fair Act, as now
30 or hereafter amended, or their agents, authorizing the
31 pari-mutuel system of wagering on horse races conducted at
32 the county fairs receiving such licenses. Such licenses
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1 shall be governed by subsection (n) of this Section.
2 Upon application, the Board shall issue a license to the
3 Illinois Department of Agriculture to conduct harness and
4 Quarter Horse races at the Illinois State Fair and at the
5 DuQuoin State Fairgrounds during the scheduled dates of each
6 fair. The Board shall not require and the Department of
7 Agriculture shall be exempt from the requirements of Sections
8 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e),
9 (e-5), (e-10), (f), (g), and (h) of Section 20, and Sections
10 21, 24 and 25. The Board and the Department of Agriculture
11 may extend any or all of these exemptions to any contractor
12 or agent engaged by the Department of Agriculture to conduct
13 its race meetings when the Board determines that this would
14 best serve the public interest and the interest of horse
15 racing.
16 Notwithstanding any provision of law to the contrary, it
17 shall be lawful for any licensee to operate pari-mutuel
18 wagering or contract with the Department of Agriculture to
19 operate pari-mutuel wagering at the DuQuoin State Fairgrounds
20 or for the Department to enter into contracts with a
21 licensee, employ its owners, employees or agents and employ
22 such other occupation licensees as the Department deems
23 necessary in connection with race meetings and wagerings.
24 (b) The Board is vested with the full power to
25 promulgate reasonable rules and regulations for the purpose
26 of administering the provisions of this Act and to prescribe
27 reasonable rules, regulations and conditions under which all
28 horse race meetings or wagering in the State shall be
29 conducted. Such reasonable rules and regulations are to
30 provide for the prevention of practices detrimental to the
31 public interest and to promote the best interests of horse
32 racing and to impose penalties for violations thereof.
33 (c) The Board, and any person or persons to whom it
34 delegates this power, is vested with the power to enter the
-582- LRB9000008DJcc
1 facilities and other places of business of any licensee to
2 determine whether there has been compliance with the
3 provisions of this Act and its rules and regulations.
4 (d) The Board, and any person or persons to whom it
5 delegates this power, is vested with the authority to
6 investigate alleged violations of the provisions of this Act,
7 its reasonable rules and regulations, orders and final
8 decisions; the Board shall take appropriate disciplinary
9 action against any licensee or occupation licensee for
10 violation thereof or institute appropriate legal action for
11 the enforcement thereof.
12 (e) The Board, and any person or persons to whom it
13 delegates this power, may eject or exclude from any race
14 meeting or the facilities of any licensee, or any part
15 thereof, any occupation licensee or any other individual
16 whose conduct or reputation is such that his presence on
17 those facilities may, in the opinion of the Board, call into
18 question the honesty and integrity of horse racing or
19 wagering or interfere with the orderly conduct of horse
20 racing or wagering; provided, however, that no person shall
21 be excluded or ejected from the facilities of any licensee
22 solely on the grounds of race, color, creed, national origin,
23 ancestry, or sex. The power to eject or exclude an
24 occupation licensee or other individual may be exercised for
25 just cause by the licensee or the Board, subject to
26 subsequent hearing by the Board as to the propriety of said
27 exclusion.
28 (f) The Board is vested with the power to acquire,
29 establish, maintain and operate (or provide by contract to
30 maintain and operate) testing laboratories and related
31 facilities, for the purpose of conducting saliva, blood,
32 urine and other tests on the horses run or to be run in any
33 horse race meeting and to purchase all equipment and supplies
34 deemed necessary or desirable in connection with any such
-583- LRB9000008DJcc
1 testing laboratories and related facilities and all such
2 tests.
3 (g) The Board may require that the records, including
4 financial or other statements of any licensee or any person
5 affiliated with the licensee who is involved directly or
6 indirectly in the activities of any licensee as regulated
7 under this Act to the extent that those financial or other
8 statements relate to such activities be kept in such manner
9 as prescribed by the Board, and that Board employees shall
10 have access to those records during reasonable business
11 hours. Within 120 days of the end of its fiscal year, each
12 licensee shall transmit to the Board an audit of the
13 financial transactions and condition of the licensee's total
14 operations. All audits shall be conducted by certified
15 public accountants. Each certified public accountant must be
16 registered in the State of Illinois under the Illinois Public
17 Accounting Act. The compensation for each certified public
18 accountant shall be paid directly by the licensee to the
19 certified public accountant. A licensee shall also submit
20 any other financial or related information the Board deems
21 necessary to effectively administer this Act and all rules,
22 regulations, and final decisions promulgated under this Act.
23 (h) The Board shall name and appoint in the manner
24 provided by the rules and regulations of the Board: an
25 Executive Director; a State director of mutuels; State
26 veterinarians and representatives to take saliva, blood,
27 urine and other tests on horses; licensing personnel; revenue
28 inspectors; and State seasonal employees (excluding admission
29 ticket sellers and mutuel clerks). All of those named and
30 appointed as provided in this subsection shall serve during
31 the pleasure of the Board; their compensation shall be
32 determined by the Board and be paid in the same manner as
33 other employees of the Board under this Act.
34 (i) The Board shall require that there shall be 3
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1 stewards at each horse race meeting, at least 2 of whom shall
2 be named and appointed by the Board. Stewards appointed or
3 approved by the Board, while performing duties required by
4 this Act or by the Board, shall be entitled to the same
5 rights and immunities as granted to Board members and Board
6 employees in Section 10 of this Act.
7 (j) The Board may discharge any Board employee who fails
8 or refuses for any reason to comply with the rules and
9 regulations of the Board, or who, in the opinion of the
10 Board, is guilty of fraud, dishonesty or who is proven to be
11 incompetent. The Board shall have no right or power to
12 determine who shall be officers, directors or employees of
13 any licensee, or their salaries except the Board may, by
14 rule, require that all or any officials or employees in
15 charge of or whose duties relate to the actual running of
16 races be approved by the Board.
17 (k) The Board is vested with the power to appoint
18 delegates to execute any of the powers granted to it under
19 this Section for the purpose of administering this Act and
20 any rules or regulations promulgated in accordance with this
21 Act.
22 (l) The Board is vested with the power to impose civil
23 penalties of up to $5,000 against an individual and up to
24 $10,000 against a licensee for each violation of any
25 provision of this Act, any rules adopted by the Board, any
26 order of the Board or any other action which, in the Board's
27 discretion, is a detriment or impediment to horse racing or
28 wagering.
29 (m) The Board is vested with the power to prescribe a
30 form to be used by licensees as an application for employment
31 for employees of each licensee.
32 (n) The Board shall have the power to issue a license to
33 any county fair, or its agent, authorizing the conduct of the
34 pari-mutuel system of wagering. The Board is vested with the
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1 full power to promulgate reasonable rules, regulations and
2 conditions under which all horse race meetings licensed
3 pursuant to this subsection shall be held and conducted,
4 including rules, regulations and conditions for the conduct
5 of the pari-mutuel system of wagering. The rules,
6 regulations and conditions shall provide for the prevention
7 of practices detrimental to the public interest and for the
8 best interests of horse racing, and shall prescribe penalties
9 for violations thereof. Any authority granted the Board
10 under this Act shall extend to its jurisdiction and
11 supervision over county fairs, or their agents, licensed
12 pursuant to this subsection. However, the Board may waive
13 any provision of this Act or its rules or regulations which
14 would otherwise apply to such county fairs or their agents.
15 (o) Whenever the Board is authorized or required by law
16 to consider some aspect of criminal history record
17 information for the purpose of carrying out its statutory
18 powers and responsibilities, then, upon request and payment
19 of fees in conformance with the requirements of subsection 22
20 of Section 100-400 55a of the Department of State Police Law
21 (20 ILCS 2605/100-400) Civil Administrative Code of Illinois,
22 the Department of State Police is authorized to furnish,
23 pursuant to positive identification, such information
24 contained in State files as is necessary to fulfill the
25 request.
26 (p) To insure the convenience, comfort, and wagering
27 accessibility of race track patrons, to provide for the
28 maximization of State revenue, and to generate increases in
29 purse allotments to the horsemen, the Board shall require any
30 licensee to staff the pari-mutuel department with adequate
31 personnel.
32 (Source: P.A. 88-82; 88-495; 88-670, eff. 12-2-94; 89-16,
33 eff. 5-30-95.)
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1 (230 ILCS 5/28) (from Ch. 8, par. 37-28)
2 Sec. 28. Except as provided in subsection (g) of Section
3 27 of this Act, moneys collected shall be distributed
4 according to the provisions of this Section 28.
5 (a) Thirty per cent of the total of all monies received
6 by the State as privilege taxes shall be paid into the
7 Metropolitan Fair and Exposition Authority Reconstruction
8 Fund in the State treasury until such Fund contains
9 sufficient money to pay in full, both principal and interest,
10 all of the outstanding bonds issued pursuant to the Fair and
11 Exposition Authority Reconstruction Act, approved July 31,
12 1967, as amended, and thereafter shall be paid into the
13 Metropolitan Exposition Auditorium and Office Building Fund
14 in the State Treasury.
15 (b) Four and one-half per cent of the total of all
16 monies received by the State as privilege taxes shall be paid
17 into the State treasury into a special Fund to be known as
18 the "Metropolitan Exposition, Auditorium, and Office Building
19 Fund".
20 (c) Fifty per cent of the total of all monies received
21 by the State as privilege taxes under the provisions of this
22 Act shall be paid into the "Agricultural Premium Fund".
23 (d) Seven per cent of the total of all monies received
24 by the State as privilege taxes shall be paid into the Fair
25 and Exposition Fund in the State treasury; provided, however,
26 that when all bonds issued prior to July 1, 1984 by the
27 Metropolitan Fair and Exposition Authority shall have been
28 paid or payment shall have been provided for upon a refunding
29 of those bonds, thereafter 1/12 of $1,665,662 of such monies
30 shall be paid each month into the Build Illinois Fund, and
31 the remainder into the Fair and Exposition Fund. All excess
32 monies shall be allocated to the Department of Agriculture
33 for distribution to county fairs for premiums and
34 rehabilitation as set forth in the Agricultural Fair Act.
-587- LRB9000008DJcc
1 (e) The monies provided for in Section 30 shall be paid
2 into the Illinois Thoroughbred Breeders Fund.
3 (f) The monies provided for in Section 31 shall be paid
4 into the Illinois Standardbred Breeders Fund.
5 (g) That part representing 1/2 of the total breakage in
6 Thoroughbred, Harness, Appaloosa, Arabian, and Quarter Horse
7 racing in the State shall be paid into the "Illinois Race
8 Track Improvement Fund" as established in Section 32.
9 (h) All other monies received by the Board under this
10 Act shall be paid into the General Revenue Fund of the State.
11 (i) The salaries of the Board members, secretary,
12 stewards, directors of mutuels, veterinarians,
13 representatives, accountants, clerks, stenographers,
14 inspectors and other employees of the Board, and all expenses
15 of the Board incident to the administration of this Act,
16 including, but not limited to, all expenses and salaries
17 incident to the taking of saliva and urine samples in
18 accordance with the rules and regulations of the Board shall
19 be paid out of the Agricultural Premium Fund.
20 (j) The Agricultural Premium Fund shall also be used:
21 (1) for the expenses of operating the Illinois
22 State Fair and the DuQuoin State Fair, including the
23 payment of prize money or premiums;
24 (2) for the distribution to county fairs,
25 vocational agriculture section fairs, agricultural
26 societies, and agricultural extension clubs in accordance
27 with the "Agricultural Fair Act", as amended;
28 (3) for payment of prize monies and premiums
29 awarded and for expenses incurred in connection with the
30 International Livestock Exposition and the Mid-Continent
31 Livestock Exposition held in Illinois, which premiums,
32 and awards must be approved, and paid by the Illinois
33 Department of Agriculture;
34 (4) for personal service of county agricultural
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1 advisors and county home advisors;
2 (5) for distribution to agricultural home economic
3 extension councils in accordance with "An Act in relation
4 to additional support and finance for the Agricultural
5 and Home Economic Extension Councils in the several
6 counties in this State and making an appropriation
7 therefor", approved July 24, 1967, as amended;
8 (6) for research on equine disease, including a
9 development center therefor;
10 (7) for training scholarships for study on equine
11 diseases to students at the University of Illinois
12 College of Veterinary Medicine;
13 (8) for the rehabilitation, repair and maintenance
14 of the Illinois and DuQuoin State Fair Grounds and the
15 structures and facilities thereon and the construction of
16 permanent improvements on such Fair Grounds, including
17 such structures, facilities and property located on such
18 State Fair Grounds which are under the custody and
19 control of the Department of Agriculture;
20 (9) for the expenses of the Department of
21 Agriculture under Section 5-530 6.01a of "the Departments
22 of State Government Law (20 ILCS 5/5-530) Civil
23 Administrative Code of Illinois", as amended;
24 (10) for the expenses of the Department of Commerce
25 and Community Affairs under Sections 35-620, 35-625, and
26 35-630 of the Department of Commerce and Community
27 Affairs Law (20 ILCS 605/35-620, 605/35-625, and
28 605/35-630) 6.18a, 46.24, 46.25 and 46.26 of "the Civil
29 Administrative Code of Illinois", as amended;
30 (11) for remodeling, expanding, and reconstructing
31 facilities destroyed by fire of any Fair and Exposition
32 Authority in counties with a population of 1,000,000 or
33 more inhabitants;
34 (12) for the purpose of assisting in the care and
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1 general rehabilitation of disabled veterans of any war
2 and their surviving spouses and orphans;
3 (13) for expenses of the Department of State Police
4 for duties performed under this Act;
5 (14) for the Department of Agriculture for soil
6 surveys and soil and water conservation purposes;
7 (15) for the Department of Agriculture for grants
8 to the City of Chicago for conducting the Chicagofest.
9 (k) To the extent that monies paid by the Board to the
10 Agricultural Premium Fund are in the opinion of the Governor
11 in excess of the amount necessary for the purposes herein
12 stated, the Governor shall notify the Comptroller and the
13 State Treasurer of such fact, who, upon receipt of such
14 notification, shall transfer such excess monies from the
15 Agricultural Premium Fund to the General Revenue Fund.
16 (Source: P.A. 89-16, eff. 5-30-95.)
17 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
18 Sec. 31. (a) The General Assembly declares that it is
19 the policy of this State to encourage the breeding of
20 standardbred horses in this State and the ownership of such
21 horses by residents of this State in order to provide for:
22 sufficient numbers of high quality standardbred horses to
23 participate in harness racing meetings in this State, and to
24 establish and preserve the agricultural and commercial
25 benefits of such breeding and racing industries to the State
26 of Illinois. It is the intent of the General Assembly to
27 further this policy by the provisions of this Section of this
28 Act.
29 (b) Each organization licensee conducting a harness
30 racing meeting pursuant to this Act shall provide for at
31 least two races each race program limited to Illinois
32 conceived and foaled horses. A minimum of 6 races shall be
33 conducted each week limited to Illinois conceived and foaled
-590- LRB9000008DJcc
1 horses. No horses shall be permitted to start in such races
2 unless duly registered under the rules of the Department of
3 Agriculture.
4 (c) Conditions of races under subsection (b) shall be
5 commensurate with past performance, quality and class of
6 Illinois conceived and foaled horses available. If, however,
7 sufficient competition cannot be had among horses of that
8 class on any day, the races may, with consent of the Board,
9 be eliminated for that day and substitute races provided.
10 (d) There is hereby created a special fund of the State
11 Treasury to be known as the Illinois Standardbred Breeders
12 Fund.
13 During the calendar year 1981, and each year thereafter,
14 except as provided in subsection (g) of Section 27 of this
15 Act, eight and one-half per cent of all the monies received
16 by the State as privilege taxes on harness racing meetings
17 shall be paid into the Illinois Standardbred Breeders Fund.
18 (e) The Illinois Standardbred Breeders Fund shall be
19 administered by the Department of Agriculture with the
20 assistance and advice of the Advisory Board created in
21 subsection (f) of this Section.
22 (f) The Illinois Standardbred Breeders Fund Advisory
23 Board is hereby created. The Advisory Board shall consist of
24 the Director of the Department of Agriculture, who shall
25 serve as Chairman; the Superintendent of the Illinois State
26 Fair; a member of the Illinois Racing Board, designated by
27 it; a representative of the Illinois Standardbred Owners and
28 Breeders Association, recommended by it; a representative of
29 the Illinois Association of Agricultural Fairs, recommended
30 by it, such representative to be from a fair at which
31 Illinois conceived and foaled racing is conducted; a
32 representative of the organization licensees conducting
33 harness racing meetings, recommended by them and a
34 representative of the Illinois Harness Horsemen's
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1 Association, recommended by it. Advisory Board members shall
2 serve for 2 years commencing January 1, of each odd numbered
3 year. If representatives of the Illinois Standardbred Owners
4 and Breeders Associations, the Illinois Association of
5 Agricultural Fairs, the Illinois Harness Horsemen's
6 Association, and the organization licensees conducting
7 harness racing meetings have not been recommended by January
8 1, of each odd numbered year, the Director of the Department
9 of Agriculture shall make an appointment for the organization
10 failing to so recommend a member of the Advisory Board.
11 Advisory Board members shall receive no compensation for
12 their services as members but shall be reimbursed for all
13 actual and necessary expenses and disbursements incurred in
14 the execution of their official duties.
15 (g) No monies shall be expended from the Illinois
16 Standardbred Breeders Fund except as appropriated by the
17 General Assembly. Monies appropriated from the Illinois
18 Standardbred Breeders Fund shall be expended by the
19 Department of Agriculture, with the assistance and advice of
20 the Illinois Standardbred Breeders Fund Advisory Board for
21 the following purposes only:
22 1. To provide purses for races limited to Illinois
23 conceived and foaled horses at the State Fair.
24 2. To provide purses for races limited to Illinois
25 conceived and foaled horses at county fairs.
26 3. To provide purse supplements for races limited
27 to Illinois conceived and foaled horses conducted by
28 associations conducting harness racing meetings.
29 4. No less than 75% of all monies in the Illinois
30 Standardbred Breeders Fund shall be expended for purses
31 in 1, 2 and 3 as shown above.
32 5. In the discretion of the Department of
33 Agriculture to provide awards to harness breeders of
34 Illinois conceived and foaled horses which win races
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1 conducted by organization licensees conducting harness
2 racing meetings. A breeder is the owner of a mare at the
3 time of conception. No more than 10% of all monies
4 appropriated from the Illinois Standardbred Breeders Fund
5 shall be expended for such harness breeders awards. No
6 more than 25% of the amount expended for harness breeders
7 awards shall be expended for expenses incurred in the
8 administration of such harness breeders awards.
9 6. To pay for the improvement of racing facilities
10 located at the State Fair and County fairs;
11 7. To pay the expenses incurred in the
12 administration of the Illinois Standardbred Breeders
13 Fund;
14 8. To promote the sport of harness racing.
15 (h) Whenever the Governor finds that the amount in the
16 Illinois Standardbred Breeders Fund is more than the total of
17 the outstanding appropriations from such fund, the Governor
18 shall notify the State Comptroller and the State Treasurer of
19 such fact. The Comptroller and the State Treasurer, upon
20 receipt of such notification, shall transfer such excess
21 amount from the Illinois Standardbred Breeders Fund to the
22 General Revenue Fund.
23 (i) A sum equal to 12 1/2% of the first prize money of
24 every purse won by an Illinois conceived and foaled horse
25 shall be paid by the organization licensee conducting the
26 horse race meeting to the breeder of such winning horse from
27 the organization licensee's share of the money wagered. Such
28 payment shall not reduce any award to the owner of the horse
29 or reduce the taxes payable under this Act. Such payment
30 shall be delivered by the organization licensee at the end of
31 each race meeting.
32 (j) The Department of Agriculture shall, by rule, with
33 the assistance and advice of the Illinois Standardbred
34 Breeders Fund Advisory Board:
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1 1. Qualify stallions for Illinois Standardbred Breeders
2 Fund breeding; such stallion shall be owned by a resident of
3 the State of Illinois or by an Illinois corporation all of
4 whose shareholders, directors, officers and incorporators are
5 residents of the State of Illinois. Such stallion shall
6 stand for service at and within the State of Illinois at the
7 time of a foal's conception, and such stallion must not stand
8 for service at any place, nor may semen from such stallion be
9 transported, outside the State of Illinois during that
10 calendar year in which the foal is conceived and that the
11 owner of the stallion was for the 12 months prior, a resident
12 of Illinois. The articles of agreement of any partnership,
13 joint venture, limited partnership, syndicate, association or
14 corporation and any bylaws and stock certificates must
15 contain a restriction that provides that the ownership or
16 transfer of interest by any one of the persons a party to the
17 agreement can only be made to a person who qualifies as an
18 Illinois resident.
19 2. Provide for the registration of Illinois conceived
20 and foaled horses and no such horse shall compete in the
21 races limited to Illinois conceived and foaled horses unless
22 registered with the Department of Agriculture. The
23 Department of Agriculture may prescribe such forms as may be
24 necessary to determine the eligibility of such horses. No
25 person shall knowingly prepare or cause preparation of an
26 application for registration of such foals containing false
27 information. A mare (dam) must be in the state at least 30
28 days prior to foaling or remain in the State at least 30 days
29 at the time of foaling. Beginning with the 1996 breeding
30 season and for foals of 1997 and thereafter, a foal conceived
31 by transported fresh semen may be eligible for Illinois
32 conceived and foaled registration provided all breeding and
33 foaling requirements are met. The stallion must be qualified
34 for Illinois Standardbred Breeders Fund breeding at the time
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1 of conception and the mare must be inseminated within the
2 State of Illinois. The foal must be dropped in Illinois and
3 properly registered with the Department of Agriculture in
4 accordance with this Act.
5 3. Provide that at least a 5 day racing program shall be
6 conducted at the State Fair each year, which program shall
7 include at least the following races limited to Illinois
8 conceived and foaled horses: (a) a two year old Trot and
9 Pace, and Filly Division of each; (b) a three year old Trot
10 and Pace, and Filly Division of each; (c) an aged Trot and
11 Pace, and Mare Division of each.
12 4. Provide for the payment of nominating, sustaining and
13 starting fees for races promoting the sport of harness racing
14 and for the races to be conducted at the State Fair as
15 provided in subsection (j) 3 of this Section provided that
16 the nominating, sustaining and starting payment required from
17 an entrant shall not exceed 2% of the purse of such race.
18 All nominating, sustaining and starting payments shall be
19 held for the benefit of entrants and shall be paid out as
20 part of the respective purses for such races. Nominating,
21 sustaining and starting fees shall be held in trust accounts
22 for the purposes as set forth in this Act and in accordance
23 with Section 15-15 40.7 of "the Department of Agriculture Law
24 (20 ILCS 205/15-15) Civil Administrative Code of Illinois".
25 5. Provide for the registration with the Department of
26 Agriculture of Colt Associations or county fairs desiring to
27 sponsor races at county fairs.
28 (k) The Department of Agriculture, with the advice and
29 assistance of the Illinois Standardbred Breeders Fund
30 Advisory Board, may allocate monies for purse supplements for
31 such races. In determining whether to allocate money and the
32 amount, the Department of Agriculture shall consider factors,
33 including but not limited to, the amount of money
34 appropriated for the Illinois Standardbred Breeders Fund
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1 program, the number of races that may occur, and an
2 organizational licensee's purse structure. The
3 organizational licensee shall notify the Department of
4 Agriculture of the conditions and minimum purses for races
5 limited to Illinois conceived and foaled horses to be
6 conducted by each organizational licensee conducting a
7 harness racing meeting for which purse supplements have been
8 negotiated.
9 (l) All races held at county fairs and the State Fair
10 which receive funds from the Illinois Standardbred Breeders
11 Fund shall be conducted in accordance with the rules of the
12 United States Trotting Association unless otherwise modified
13 by the Department of Agriculture.
14 (m) At all standardbred race meetings held or conducted
15 under authority of a license granted by the Board, and at all
16 standardbred races held at county fairs which are approved by
17 the Department of Agriculture or at the Illinois or DuQuoin
18 State Fairs, no one shall jog, train, warm up or drive a
19 standardbred horse unless he or she is wearing a protective
20 safety helmet, with the chin strap fastened and in place,
21 which meets the standards and requirements as set forth in
22 the 1984 Standard for Protective Headgear for Use in Harness
23 Racing and Other Equestrian Sports published by the Snell
24 Memorial Foundation, or any standards and requirements for
25 headgear the Illinois Racing Board may approve. Any other
26 standards and requirements so approved by the Board shall
27 equal or exceed those published by the Snell Memorial
28 Foundation. Any equestrian helmet bearing the Snell label
29 shall be deemed to have met those standards and requirements.
30 (Source: P.A. 89-16, eff. 5-30-95.)
31 Section 5-455. The Riverboat Gambling Act is amended by
32 changing Sections 5 and 22 as follows:
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1 (230 ILCS 10/5) (from Ch. 120, par. 2405)
2 Sec. 5. Gaming Board.
3 (a) (1) There is hereby established within the
4 Department of Revenue an Illinois Gaming Board which shall
5 have the powers and duties specified in this Act, and all
6 other powers necessary and proper to fully and effectively
7 execute this Act for the purpose of administering,
8 regulating, and enforcing the system of riverboat gambling
9 established by this Act. Its jurisdiction shall extend under
10 this Act to every person, association, corporation,
11 partnership and trust involved in riverboat gambling
12 operations in the State of Illinois.
13 (2) The Board shall consist of 5 members to be appointed
14 by the Governor with the advice and consent of the Senate,
15 one of whom shall be designated by the Governor to be
16 chairman. Each member shall have a reasonable knowledge of
17 the practice, procedure and principles of gambling
18 operations. Each member shall either be a resident of
19 Illinois or shall certify that he will become a resident of
20 Illinois before taking office. At least one member shall be
21 experienced in law enforcement and criminal investigation, at
22 least one member shall be a certified public accountant
23 experienced in accounting and auditing, and at least one
24 member shall be a lawyer licensed to practice law in
25 Illinois.
26 (3) The terms of office of the Board members shall be 3
27 years, except that the terms of office of the initial Board
28 members appointed pursuant to this Act will commence from the
29 effective date of this Act and run as follows: one for a
30 term ending July 1, 1991, 2 for a term ending July 1, 1992,
31 and 2 for a term ending July 1, 1993. Upon the expiration of
32 the foregoing terms, the successors of such members shall
33 serve a term for 3 years and until their successors are
34 appointed and qualified for like terms. Vacancies in the
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1 Board shall be filled for the unexpired term in like manner
2 as original appointments. Each member of the Board shall be
3 eligible for reappointment at the discretion of the Governor
4 with the advice and consent of the Senate.
5 (4) Each member of the Board shall receive $300 for each
6 day the Board meets and for each day the member conducts any
7 hearing pursuant to this Act. Each member of the Board shall
8 also be reimbursed for all actual and necessary expenses and
9 disbursements incurred in the execution of official duties.
10 (5) No person shall be appointed a member of the Board
11 or continue to be a member of the Board who is, or whose
12 spouse, child or parent is, a member of the board of
13 directors of, or a person financially interested in, any
14 gambling operation subject to the jurisdiction of this Board,
15 or any race track, race meeting, racing association or the
16 operations thereof subject to the jurisdiction of the
17 Illinois Racing Board. No Board member shall hold any other
18 public office for which he shall receive compensation other
19 than necessary travel or other incidental expenses. No
20 person shall be a member of the Board who is not of good
21 moral character or who has been convicted of, or is under
22 indictment for, a felony under the laws of Illinois or any
23 other state, or the United States.
24 (6) Any member of the Board may be removed by the
25 Governor for neglect of duty, misfeasance, malfeasance, or
26 nonfeasance in office.
27 (7) Before entering upon the discharge of the duties of
28 his office, each member of the Board shall take an oath that
29 he will faithfully execute the duties of his office according
30 to the laws of the State and the rules and regulations
31 adopted therewith and shall give bond to the State of
32 Illinois, approved by the Governor, in the sum of $25,000.
33 Every such bond, when duly executed and approved, shall be
34 recorded in the office of the Secretary of State. Whenever
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1 the Governor determines that the bond of any member of the
2 Board has become or is likely to become invalid or
3 insufficient, he shall require such member forthwith to renew
4 his bond, which is to be approved by the Governor. Any
5 member of the Board who fails to take oath and give bond
6 within 30 days from the date of his appointment, or who fails
7 to renew his bond within 30 days after it is demanded by the
8 Governor, shall be guilty of neglect of duty and may be
9 removed by the Governor. The cost of any bond given by any
10 member of the Board under this Section shall be taken to be a
11 part of the necessary expenses of the Board.
12 (8) Upon the request of the Board, the Department shall
13 employ such personnel as may be necessary to carry out the
14 functions of the Board. No person shall be employed to serve
15 the Board who is, or whose spouse, parent or child is, an
16 official of, or has a financial interest in or financial
17 relation with, any operator engaged in gambling operations
18 within this State or any organization engaged in conducting
19 horse racing within this State. Any employee violating these
20 prohibitions shall be subject to termination of employment.
21 (9) An Administrator shall perform any and all duties
22 that the Board shall assign him. The salary of the
23 Administrator shall be determined by the Board and approved
24 by the Director of the Department and, in addition, he shall
25 be reimbursed for all actual and necessary expenses incurred
26 by him in discharge of his official duties. The
27 Administrator shall keep records of all proceedings of the
28 Board and shall preserve all records, books, documents and
29 other papers belonging to the Board or entrusted to its care.
30 The Administrator shall devote his full time to the duties of
31 the office and shall not hold any other office or employment.
32 (b) The Board shall have general responsibility for the
33 implementation of this Act. Its duties include, without
34 limitation, the following:
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1 (1) To decide promptly and in reasonable order all
2 license applications. Any party aggrieved by an action of
3 the Board denying, suspending, revoking, restricting or
4 refusing to renew a license may request a hearing before
5 the Board. A request for a hearing must be made to the
6 Board in writing within 5 days after service of notice of
7 the action of the Board. Notice of the action of the
8 Board shall be served either by personal delivery or by
9 certified mail, postage prepaid, to the aggrieved party.
10 Notice served by certified mail shall be deemed complete
11 on the business day following the date of such mailing.
12 The Board shall conduct all requested hearings promptly
13 and in reasonable order;
14 (2) To conduct all hearings pertaining to civil
15 violations of this Act or rules and regulations
16 promulgated hereunder;
17 (3) To promulgate such rules and regulations as in
18 its judgment may be necessary to protect or enhance the
19 credibility and integrity of gambling operations
20 authorized by this Act and the regulatory process
21 hereunder;
22 (4) To provide for the establishment and collection
23 of all license and registration fees and taxes imposed by
24 this Act and the rules and regulations issued pursuant
25 hereto. All such fees and taxes shall be deposited into
26 the State Gaming Fund;
27 (5) To provide for the levy and collection of
28 penalties and fines for the violation of provisions of
29 this Act and the rules and regulations promulgated
30 hereunder. All such fines and penalties shall be
31 deposited into the Education Assistance Fund, created by
32 Public Act 86-0018, of the State of Illinois;
33 (6) To be present through its inspectors and agents
34 any time gambling operations are conducted on any
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1 riverboat for the purpose of certifying the revenue
2 thereof, receiving complaints from the public, and
3 conducting such other investigations into the conduct of
4 the gambling games and the maintenance of the equipment
5 as from time to time the Board may deem necessary and
6 proper;
7 (7) To review and rule upon any complaint by a
8 licensee regarding any investigative procedures of the
9 State which are unnecessarily disruptive of gambling
10 operations. The need to inspect and investigate shall be
11 presumed at all times. The disruption of a licensee's
12 operations shall be proved by clear and convincing
13 evidence, and establish that: (A) the procedures had no
14 reasonable law enforcement purposes, and (B) the
15 procedures were so disruptive as to unreasonably inhibit
16 gambling operations;
17 (8) To hold at least one meeting each quarter of
18 the fiscal year. In addition, special meetings may be
19 called by the Chairman or any 2 Board members upon 72
20 hours written notice to each member. All Board meetings
21 shall be subject to the Open Meetings Act. Three members
22 of the Board shall constitute a quorum, and 3 votes shall
23 be required for any final determination by the Board.
24 The Board shall keep a complete and accurate record of
25 all its meetings. A majority of the members of the Board
26 shall constitute a quorum for the transaction of any
27 business, for the performance of any duty, or for the
28 exercise of any power which this Act requires the Board
29 members to transact, perform or exercise en banc, except
30 that, upon order of the Board, one of the Board members
31 or an administrative law judge designated by the Board
32 may conduct any hearing provided for under this Act or by
33 Board rule and may recommend findings and decisions to
34 the Board. The Board member or administrative law judge
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1 conducting such hearing shall have all powers and rights
2 granted to the Board in this Act. The record made at the
3 time of the hearing shall be reviewed by the Board, or a
4 majority thereof, and the findings and decision of the
5 majority of the Board shall constitute the order of the
6 Board in such case;
7 (9) To maintain records which are separate and
8 distinct from the records of any other State board or
9 commission. Such records shall be available for public
10 inspection and shall accurately reflect all Board
11 proceedings;
12 (10) To file a written annual report with the
13 Governor on or before March 1 each year and such
14 additional reports as the Governor may request. The
15 annual report shall include a statement of receipts and
16 disbursements by the Board, actions taken by the Board,
17 and any additional information and recommendations which
18 the Board may deem valuable or which the Governor may
19 request;
20 (11) To review the patterns of wagering and wins
21 and losses by persons on riverboat gambling operations
22 under this Act, and make recommendation to the Governor
23 and the General Assembly, by January 31, 1992, as to
24 whether limits on wagering losses should be imposed; and
25 (12) To assume responsibility for the
26 administration and enforcement of the Bingo License and
27 Tax Act, the Charitable Games Act, and the Pull Tabs and
28 Jar Games Act if such responsibility is delegated to it
29 by the Director of Revenue.
30 (c) The Board shall have jurisdiction over and shall
31 supervise all gambling operations governed by this Act. The
32 Board shall have all powers necessary and proper to fully and
33 effectively execute the provisions of this Act, including,
34 but not limited to, the following:
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1 (1) To investigate applicants and determine the
2 eligibility of applicants for licenses and to select
3 among competing applicants the applicants which best
4 serve the interests of the citizens of Illinois.
5 (2) To have jurisdiction and supervision over all
6 riverboat gambling operations in this State and all
7 persons on riverboats where gambling operations are
8 conducted.
9 (3) To promulgate rules and regulations for the
10 purpose of administering the provisions of this Act and
11 to prescribe rules, regulations and conditions under
12 which all riverboat gambling in the State shall be
13 conducted. Such rules and regulations are to provide for
14 the prevention of practices detrimental to the public
15 interest and for the best interests of riverboat
16 gambling, including rules and regulations regarding the
17 inspection of such riverboats and the review of any
18 permits or licenses necessary to operate a riverboat
19 under any laws or regulations applicable to riverboats,
20 and to impose penalties for violations thereof.
21 (4) To enter the office, riverboats, facilities, or
22 other places of business of a licensee, where evidence of
23 the compliance or noncompliance with the provisions of
24 this Act is likely to be found.
25 (5) To investigate alleged violations of this Act
26 or the rules of the Board and to take appropriate
27 disciplinary action against a licensee or a holder of an
28 occupational license for a violation, or institute
29 appropriate legal action for enforcement, or both.
30 (6) To adopt standards for the licensing of all
31 persons under this Act, as well as for electronic or
32 mechanical gambling games, and to establish fees for such
33 licenses.
34 (7) To adopt appropriate standards for all
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1 riverboats and facilities.
2 (8) To require that the records, including
3 financial or other statements of any licensee under this
4 Act, shall be kept in such manner as prescribed by the
5 Board and that any such licensee involved in the
6 ownership or management of gambling operations submit to
7 the Board an annual balance sheet and profit and loss
8 statement, list of the stockholders or other persons
9 having a 1% or greater beneficial interest in the
10 gambling activities of each licensee, and any other
11 information the Board deems necessary in order to
12 effectively administer this Act and all rules,
13 regulations, orders and final decisions promulgated under
14 this Act.
15 (9) To conduct hearings, issue subpoenas for the
16 attendance of witnesses and subpoenas duces tecum for the
17 production of books, records and other pertinent
18 documents in accordance with the Illinois Administrative
19 Procedure Act, and to administer oaths and affirmations
20 to the witnesses, when, in the judgment of the Board, it
21 is necessary to administer or enforce this Act or the
22 Board rules.
23 (10) To prescribe a form to be used by any licensee
24 involved in the ownership or management of gambling
25 operations as an application for employment for their
26 employees.
27 (11) To revoke or suspend licenses, as the Board
28 may see fit and in compliance with applicable laws of the
29 State regarding administrative procedures, and to review
30 applications for the renewal of licenses. The Board may
31 suspend an owners license, without notice or hearing upon
32 a determination that the safety or health of patrons or
33 employees is jeopardized by continuing a riverboat's
34 operation. The suspension may remain in effect until the
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1 Board determines that the cause for suspension has been
2 abated. The Board may revoke the owners license upon a
3 determination that the owner has not made satisfactory
4 progress toward abating the hazard.
5 (12) To eject or exclude or authorize the ejection
6 or exclusion of, any person from riverboat gambling
7 facilities where such person is in violation of this Act,
8 rules and regulations thereunder, or final orders of the
9 Board, or where such person's conduct or reputation is
10 such that his presence within the riverboat gambling
11 facilities may, in the opinion of the Board, call into
12 question the honesty and integrity of the gambling
13 operations or interfere with orderly conduct thereof;
14 provided that the propriety of such ejection or exclusion
15 is subject to subsequent hearing by the Board.
16 (13) To require all licensees of gambling
17 operations to utilize a cashless wagering system whereby
18 all players' money is converted to tokens, electronic
19 cards, or chips which shall be used only for wagering in
20 the gambling establishment.
21 (14) To authorize the routes of a riverboat and the
22 stops which a riverboat may make.
23 (15) To suspend, revoke or restrict licenses, to
24 require the removal of a licensee or an employee of a
25 licensee for a violation of this Act or a Board rule or
26 for engaging in a fraudulent practice, and to impose
27 civil penalties of up to $5,000 against individuals and
28 up to $10,000 or an amount equal to the daily gross
29 receipts, whichever is larger, against licensees for each
30 violation of any provision of the Act, any rules adopted
31 by the Board, any order of the Board or any other action
32 which, in the Board's discretion, is a detriment or
33 impediment to riverboat gambling operations.
34 (16) To hire employees to gather information,
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1 conduct investigations and carry out any other tasks
2 contemplated under this Act.
3 (17) To establish minimum levels of insurance to be
4 maintained by licensees.
5 (18) To authorize a licensee to sell or serve
6 alcoholic liquors, wine or beer as defined in the Liquor
7 Control Act of 1934 on board a riverboat and to have
8 exclusive authority to establish the hours for sale and
9 consumption of alcoholic liquor on board a riverboat,
10 notwithstanding any provision of the Liquor Control Act
11 of 1934 or any local ordinance. The establishment of the
12 hours for sale and consumption of alcoholic liquor on
13 board a riverboat is an exclusive power and function of
14 the State. A home rule unit may not establish the hours
15 for sale and consumption of alcoholic liquor on board a
16 riverboat. This amendatory Act of 1991 is a denial and
17 limitation of home rule powers and functions under
18 subsection (h) of Section 6 of Article VII of the
19 Illinois Constitution.
20 (19) After consultation with the U.S. Army Corps of
21 Engineers, to establish binding emergency orders upon the
22 concurrence of a majority of the members of the Board
23 regarding the navigability of rivers in the event of
24 extreme weather conditions, acts of God or other extreme
25 circumstances.
26 (20) To delegate the execution of any of its powers
27 under this Act for the purpose of administering and
28 enforcing this Act and its rules and regulations
29 hereunder.
30 (21) To take any other action as may be reasonable
31 or appropriate to enforce this Act and rules and
32 regulations hereunder.
33 (d) The Board may seek and shall receive the cooperation
34 of the Department of State Police in conducting background
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1 investigations of applicants and in fulfilling its
2 responsibilities under this Section. Costs incurred by the
3 Department of State Police as a result of such cooperation
4 shall be paid by the Board in conformance with the
5 requirements of subsection 22 of Section 100-400 55a of the
6 Department of State Police Law (20 ILCS 2605/100-400) Civil
7 Administrative Code of Illinois.
8 (Source: P.A. 86-1029; 86-1389; 87-826.)
9 (230 ILCS 10/22) (from Ch. 120, par. 2422)
10 Sec. 22. Criminal history record information. Whenever
11 the Board is authorized or required by law to consider some
12 aspect of criminal history record information for the purpose
13 of carrying out its statutory powers and responsibilities,
14 the Board shall, in the form and manner required by the
15 Department of State Police and the Federal Bureau of
16 Investigation, cause to be conducted a criminal history
17 record investigation to obtain any information currently or
18 thereafter contained in the files of the Department of State
19 Police or the Federal Bureau of Investigation. The
20 Department of State Police shall provide, on the Board's
21 request, information concerning any criminal charges, and
22 their disposition, currently or thereafter filed against an
23 applicant for or holder of an occupational license.
24 Information obtained as a result of an investigation under
25 this Section shall be used in determining eligibility for an
26 occupational license under Section 9. Upon request and
27 payment of fees in conformance with the requirements of
28 subsection 22 of Section 100-400 55a of the Department of
29 State Police Law (20 ILCS 2605/100-400) Civil Administrative
30 Code of Illinois, the Department of State Police is
31 authorized to furnish, pursuant to positive identification,
32 such information contained in State files as is necessary to
33 fulfill the request.
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1 (Source: P.A. 88-368.)
2 Section 5-460. The Liquor Control Act of 1934 is amended
3 by changing Sections 6-15 and 10-1 as follows:
4 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
5 Sec. 6-15. No alcoholic liquors shall be sold or
6 delivered in any building belonging to or under the control
7 of the State or any political subdivision thereof except as
8 provided in this Act. The corporate authorities of any city,
9 village, incorporated town or township may provide by
10 ordinance, however, that alcoholic liquor may be sold or
11 delivered in any specifically designated building belonging
12 to or under the control of the municipality or township, or
13 in any building located on land under the control of the
14 municipality; provided that such township complies with all
15 applicable local ordinances in any incorporated area of the
16 township. Alcoholic liquors may be delivered to and sold at
17 any airport belonging to or under the control of a
18 municipality of more than 25,000 inhabitants, or in any
19 building owned by a park district organized under the Park
20 District Code, subject to the approval of the governing board
21 of the district, or in any building or on any golf course
22 owned by a forest preserve district organized under the
23 Downstate Forest Preserve District Act, subject to the
24 approval of the governing board of the district, or in
25 Bicentennial Park, or on the premises of the City of Mendota
26 Lake Park located adjacent to Route 51 in Mendota, Illinois,
27 or on the premises of Camden Park in Milan, Illinois, or in
28 the community center owned by the City of Loves Park that is
29 located at 1000 River Park Drive in Loves Park, Illinois, or,
30 in connection with the operation of an established food
31 serving facility during times when food is dispensed for
32 consumption on the premises, and at the following aquarium
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1 and museums located in public parks: Art Institute of
2 Chicago, Chicago Academy of Sciences, Chicago Historical
3 Society, Field Museum of Natural History, Museum of Science
4 and Industry, DuSable Museum of African American History,
5 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
6 Museum of Arts and Sciences in Peoria, or in connection with
7 the operation of the facilities of the Chicago Zoological
8 Society or the Chicago Horticultural Society on land owned by
9 the Forest Preserve District of Cook County, or in any
10 building located on land owned by the Chicago Park District
11 if approved by the Park District Commissioners, or on any
12 land used for a golf course or for recreational purposes and
13 owned by the Illinois International Port District if approved
14 by the District's governing board, or at any airport, golf
15 course, faculty center, or facility in which conference and
16 convention type activities take place belonging to or under
17 control of any State university or public community college
18 district, provided that with respect to a facility for
19 conference and convention type activities alcoholic liquors
20 shall be limited to the use of the convention or conference
21 participants or participants in cultural, political or
22 educational activities held in such facilities, and provided
23 further that the faculty or staff of the State university or
24 a public community college district, or members of an
25 organization of students, alumni, faculty or staff of the
26 State university or a public community college district are
27 active participants in the conference or convention, or by a
28 catering establishment which has rented facilities from a
29 board of trustees of a public community college district, or,
30 if approved by the District board, on land owned by the
31 Metropolitan Sanitary District of Greater Chicago and leased
32 to others for a term of at least 20 years. Nothing in this
33 Section precludes the sale or delivery of alcoholic liquor in
34 the form of original packaged goods in premises located at
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1 500 S. Racine in Chicago belonging to the University of
2 Illinois and used primarily as a grocery store by a
3 commercial tenant during the term of a lease that predates
4 the University's acquisition of the premises; but the
5 University shall have no power or authority to renew,
6 transfer, or extend the lease with terms allowing the sale of
7 alcoholic liquor; and the sale of alcoholic liquor shall be
8 subject to all local laws and regulations. After the
9 acquisition by Winnebago County of the property located at
10 404 Elm Street in Rockford, a commercial tenant who sold
11 alcoholic liquor at retail on a portion of the property under
12 a valid license at the time of the acquisition may continue
13 to do so for so long as the tenant and the County may agree
14 under existing or future leases, subject to all local laws
15 and regulations regarding the sale of alcoholic liquor. Each
16 facility shall provide dram shop liability in maximum
17 insurance coverage limits so as to save harmless the State,
18 municipality, State university, airport, golf course, faculty
19 center, facility in which conference and convention type
20 activities take place, park district, Forest Preserve
21 District, public community college district, aquarium,
22 museum, or sanitary district from all financial loss, damage
23 or harm. Alcoholic liquors may be sold at retail in buildings
24 of golf courses owned by municipalities in connection with
25 the operation of an established food serving facility during
26 times when food is dispensed for consumption upon the
27 premises. Alcoholic liquors may be delivered to and sold at
28 retail in any building owned by a fire protection district
29 organized under the Fire Protection District Act, provided
30 that such delivery and sale is approved by the board of
31 trustees of the district, and provided further that such
32 delivery and sale is limited to fundraising events and to a
33 maximum of 6 events per year.
34 Alcoholic liquor may be delivered to and sold at retail
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1 in the Dorchester Senior Business Center owned by the Village
2 of Dolton if the alcoholic liquor is sold or dispensed only
3 in connection with organized functions for which the planned
4 attendance is 20 or more persons, and if the person or
5 facility selling or dispensing the alcoholic liquor has
6 provided dram shop liability insurance in maximum limits so
7 as to hold harmless the Village of Dolton and the State from
8 all financial loss, damage and harm.
9 Alcoholic liquors may be delivered to and sold at retail
10 in any building used as an Illinois State Armory provided:
11 (i) the Adjutant General's written consent to the
12 issuance of a license to sell alcoholic liquor in such
13 building is filed with the Commission;
14 (ii) the alcoholic liquor is sold or dispensed only
15 in connection with organized functions held on special
16 occasions;
17 (iii) the organized function is one for which the
18 planned attendance is 25 or more persons; and
19 (iv) the facility selling or dispensing the
20 alcoholic liquors has provided dram shop liability
21 insurance in maximum limits so as to save harmless the
22 facility and the State from all financial loss, damage or
23 harm.
24 Alcoholic liquors may be delivered to and sold at retail
25 in the Chicago Civic Center, provided that:
26 (i) the written consent of the Public Building
27 Commission which administers the Chicago Civic Center is
28 filed with the Commission;
29 (ii) the alcoholic liquor is sold or dispensed only
30 in connection with organized functions held on special
31 occasions;
32 (iii) the organized function is one for which the
33 planned attendance is 25 or more persons;
34 (iv) the facility selling or dispensing the
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1 alcoholic liquors has provided dram shop liability
2 insurance in maximum limits so as to hold harmless the
3 Civic Center, the City of Chicago and the State from all
4 financial loss, damage or harm; and
5 (v) all applicable local ordinances are complied
6 with.
7 Alcoholic liquors may be delivered or sold in any
8 building belonging to or under the control of any city,
9 village or incorporated town where more than 75% of the
10 physical properties of the building is used for commercial or
11 recreational purposes, and the building is located upon a
12 pier extending into or over the waters of a navigable lake or
13 stream or on the shore of a navigable lake or stream.
14 Alcoholic liquor may be sold in buildings under the control
15 of the Department of Natural Resources when written consent
16 to the issuance of a license to sell alcoholic liquor in such
17 buildings is filed with the Commission by the Department of
18 Natural Resources. Notwithstanding any other provision of
19 this Act, alcoholic liquor sold by a United States Army Corps
20 of Engineers or Department of Natural Resources
21 concessionaire who was operating on June 1, 1991 for
22 on-premises consumption only is not subject to the provisions
23 of Articles IV and IX. Beer and wine may be sold on the
24 premises of the Joliet Park District Stadium owned by the
25 Joliet Park District when written consent to the issuance of
26 a license to sell beer and wine in such premises is filed
27 with the local liquor commissioner by the Joliet Park
28 District. Beer and wine may be sold in buildings on the
29 grounds of State veterans' homes when written consent to the
30 issuance of a license to sell beer and wine in such buildings
31 is filed with the Commission by the Department of Veterans'
32 Affairs, and the facility shall provide dram shop liability
33 in maximum insurance coverage limits so as to save the
34 facility harmless from all financial loss, damage or harm.
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1 Such liquors may be delivered to and sold at any property
2 owned or held under lease by a Metropolitan Pier and
3 Exposition Authority or Metropolitan Exposition and
4 Auditorium Authority.
5 Beer and wine may be sold and dispensed at professional
6 sporting events and at professional concerts and other
7 entertainment events conducted on premises owned by the
8 Forest Preserve District of Kane County, subject to the
9 control of the District Commissioners and applicable local
10 law, provided that dram shop liability insurance is provided
11 at maximum coverage limits so as to hold the District
12 harmless from all financial loss, damage and harm.
13 Nothing in this Section shall preclude the sale or
14 delivery of beer and wine at a State or county fair or the
15 sale or delivery of beer or wine at a city fair in any
16 otherwise lawful manner.
17 Alcoholic liquors may be sold at retail in buildings in
18 State parks under the control of the Department of Natural
19 Resources, provided:
20 a. the State park has overnight lodging facilities
21 with some restaurant facilities or, not having overnight
22 lodging facilities, has restaurant facilities which serve
23 complete luncheon and dinner or supper meals,
24 b. consent to the issuance of a license to sell
25 alcoholic liquors in the buildings has been filed with
26 the commission by the Department of Natural Resources,
27 and
28 c. the alcoholic liquors are sold by the State park
29 lodge or restaurant concessionaire only during the hours
30 from 11 o'clock a.m. until 12 o'clock midnight.
31 Notwithstanding any other provision of this Act,
32 alcoholic liquor sold by the State park or restaurant
33 concessionaire is not subject to the provisions of
34 Articles IV and IX.
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1 Alcoholic liquors may be sold at retail in buildings on
2 properties under the control of the Historic Preservation
3 Agency provided:
4 a. the property has overnight lodging facilities
5 with some restaurant facilities or, not having overnight
6 lodging facilities, has restaurant facilities which serve
7 complete luncheon and dinner or supper meals,
8 b. consent to the issuance of a license to sell
9 alcoholic liquors in the buildings has been filed with
10 the commission by the Historic Preservation Agency, and
11 c. the alcoholic liquors are sold by the lodge or
12 restaurant concessionaire only during the hours from 11
13 o'clock a.m. until 12 o'clock midnight.
14 The sale of alcoholic liquors pursuant to this Section
15 does not authorize the establishment and operation of
16 facilities commonly called taverns, saloons, bars, cocktail
17 lounges, and the like except as a part of lodge and
18 restaurant facilities in State parks or golf courses owned by
19 Forest Preserve Districts with a population of less than
20 3,000,000 or municipalities or park districts.
21 Alcoholic liquors may be sold at retail in the
22 Springfield Administration Building of the Department of
23 Transportation and the Illinois State Armory in Springfield;
24 provided, that the controlling government authority may
25 consent to such sales only if
26 a. the request is from a not-for-profit
27 organization;
28 b. such sales would not impede normal operations of
29 the departments involved;
30 c. the not-for-profit organization provides dram
31 shop liability in maximum insurance coverage limits and
32 agrees to defend, save harmless and indemnify the State
33 of Illinois from all financial loss, damage or harm;
34 d. no such sale shall be made during normal working
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1 hours of the State of Illinois; and
2 e. the consent is in writing.
3 Alcoholic liquors may be sold at retail in buildings in
4 recreational areas of river conservancy districts under the
5 control of, or leased from, the river conservancy districts.
6 Such sales are subject to reasonable local regulations as
7 provided in Article IV; however, no such regulations may
8 prohibit or substantially impair the sale of alcoholic
9 liquors on Sundays or Holidays.
10 Alcoholic liquors may be provided in long term care
11 facilities owned or operated by a county under Division 5-21
12 or 5-22 of the Counties Code, when approved by the facility
13 operator and not in conflict with the regulations of the
14 Illinois Department of Public Health, to residents of the
15 facility who have had their consumption of the alcoholic
16 liquors provided approved in writing by a physician licensed
17 to practice medicine in all its branches.
18 Alcoholic liquors may be delivered to and dispensed in
19 State housing assigned to employees of the Department of
20 Corrections. No person shall furnish or allow to be furnished
21 any alcoholic liquors to any prisoner confined in any jail,
22 reformatory, prison or house of correction except upon a
23 physician's prescription for medicinal purposes.
24 Alcoholic liquors may be sold at retail or dispensed at
25 the Willard Ice Building in Springfield, at the State Library
26 in Springfield, and at Illinois State Museum facilities by
27 (1) an agency of the State, whether legislative, judicial or
28 executive, provided that such agency first obtains written
29 permission to sell or dispense alcoholic liquors from the
30 controlling government authority, or by (2) a not-for-profit
31 organization, provided that such organization:
32 a. Obtains written consent from the controlling
33 government authority;
34 b. Sells or dispenses the alcoholic liquors in a
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1 manner that does not impair normal operations of State
2 offices located in the building;
3 c. Sells or dispenses alcoholic liquors only in
4 connection with an official activity in the building;
5 d. Provides, or its catering service provides, dram
6 shop liability insurance in maximum coverage limits and
7 in which the carrier agrees to defend, save harmless and
8 indemnify the State of Illinois from all financial loss,
9 damage or harm arising out of the selling or dispensing
10 of alcoholic liquors.
11 Nothing in this Act shall prevent a not-for-profit
12 organization or agency of the State from employing the
13 services of a catering establishment for the selling or
14 dispensing of alcoholic liquors at authorized functions.
15 The controlling government authority for the Willard Ice
16 Building in Springfield shall be the Director of the
17 Department of Revenue. The controlling government authority
18 for Illinois State Museum facilities shall be the Director of
19 the Illinois State Museum. The controlling government
20 authority for the State Library in Springfield shall be the
21 Secretary of State.
22 Alcoholic liquors may be delivered to and sold at retail
23 or dispensed at any facility, property or building under the
24 jurisdiction of the Historic Preservation Agency where the
25 delivery, sale or dispensing is by (1) an agency of the
26 State, whether legislative, judicial or executive, provided
27 that such agency first obtains written permission to sell or
28 dispense alcoholic liquors from a controlling government
29 authority, or by (2) a not-for-profit organization provided
30 that such organization:
31 a. Obtains written consent from the controlling
32 government authority;
33 b. Sells or dispenses the alcoholic liquors in a
34 manner that does not impair normal workings of State
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1 offices or operations located at the facility, property
2 or building;
3 c. Sells or dispenses alcoholic liquors only in
4 connection with an official activity of the
5 not-for-profit organization in the facility, property or
6 building;
7 d. Provides, or its catering service provides, dram
8 shop liability insurance in maximum coverage limits and
9 in which the carrier agrees to defend, save harmless and
10 indemnify the State of Illinois from all financial loss,
11 damage or harm arising out of the selling or dispensing
12 of alcoholic liquors.
13 The controlling government authority for the Historic
14 Preservation Agency shall be the Director of the Historic
15 Preservation Agency.
16 Alcoholic liquors may be sold at retail or dispensed at
17 the James R. Thompson Center in Chicago and 222 South College
18 Street in Springfield, Illinois by (1) a commercial tenant or
19 subtenant conducting business on the premises under a lease
20 made pursuant to Section 25-315 67.24 of the Department of
21 Central Management Services Law (20 ILCS 405/25-315) Civil
22 Administrative Code of Illinois, provided that such tenant or
23 subtenant who sells or dispenses alcoholic liquors shall
24 procure and maintain dram shop liability insurance in maximum
25 coverage limits and in which the carrier agrees to defend,
26 indemnify and save harmless the State of Illinois from all
27 financial loss, damage or harm arising out of the sale or
28 dispensing of alcoholic liquors, or by (2) an agency of the
29 State, whether legislative, judicial or executive, provided
30 that such agency first obtains written permission to sell or
31 dispense alcoholic liquors from the Director of Central
32 Management Services, or by (3) a not-for-profit organization,
33 provided that such organization:
34 a. Obtains written consent from the Department of
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1 Central Management Services;
2 b. Sells or dispenses the alcoholic liquors in a
3 manner that does not impair normal operations of State
4 offices located in the building;
5 c. Sells or dispenses alcoholic liquors only in
6 connection with an official activity in the building;
7 d. Provides, or its catering service provides, dram
8 shop liability insurance in maximum coverage limits and
9 in which the carrier agrees to defend, save harmless and
10 indemnify the State of Illinois from all financial loss,
11 damage or harm arising out of the selling or dispensing
12 of alcoholic liquors.
13 Nothing in this Act shall prevent a not-for-profit
14 organization or agency of the State from employing the
15 services of a catering establishment for the selling or
16 dispensing of alcoholic liquors at functions authorized by
17 the Director of Central Management Services.
18 Alcoholic liquors may be sold or delivered at any
19 facility owned by the Illinois Sports Facilities Authority
20 provided that dram shop liability insurance has been made
21 available in a form, with such coverage and in such amounts
22 as the Authority reasonably determines is necessary.
23 Alcoholic liquors may be sold at retail or dispensed at
24 the Rockford State Office Building by (1) an agency of the
25 State, whether legislative, judicial or executive, provided
26 that such agency first obtains written permission to sell or
27 dispense alcoholic liquors from the Department of Central
28 Management Services, or by (2) a not-for-profit organization,
29 provided that such organization:
30 a. Obtains written consent from the Department of
31 Central Management Services;
32 b. Sells or dispenses the alcoholic liquors in a
33 manner that does not impair normal operations of State
34 offices located in the building;
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1 c. Sells or dispenses alcoholic liquors only in
2 connection with an official activity in the building;
3 d. Provides, or its catering service provides, dram
4 shop liability insurance in maximum coverage limits and
5 in which the carrier agrees to defend, save harmless and
6 indemnify the State of Illinois from all financial loss,
7 damage or harm arising out of the selling or dispensing
8 of alcoholic liquors.
9 Nothing in this Act shall prevent a not-for-profit
10 organization or agency of the State from employing the
11 services of a catering establishment for the selling or
12 dispensing of alcoholic liquors at functions authorized by
13 the Department of Central Management Services.
14 Alcoholic liquors may be sold or delivered in a building
15 that is owned by McLean County, situated on land owned by the
16 county in the City of Bloomington, and used by the McLean
17 County Historical Society if the sale or delivery is approved
18 by an ordinance adopted by the county board, and the
19 municipality in which the building is located may not
20 prohibit that sale or delivery, notwithstanding any other
21 provision of this Section. The regulation of the sale and
22 delivery of alcoholic liquor in a building that is owned by
23 McLean County, situated on land owned by the county, and used
24 by the McLean County Historical Society as provided in this
25 paragraph is an exclusive power and function of the State and
26 is a denial and limitation under Article VII, Section 6,
27 subsection (h) of the Illinois Constitution of the power of a
28 home rule municipality to regulate that sale and delivery.
29 Alcoholic liquors may be sold or delivered in any
30 building situated on land held in trust for any school
31 district organized under Article 34 of the School Code, if
32 the building is not used for school purposes and if the sale
33 or delivery is approved by the board of education.
34 Alcoholic liquors may be sold or delivered in buildings
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1 owned by the Community Building Complex Committee of Boone
2 County, Illinois if the person or facility selling or
3 dispensing the alcoholic liquor has provided dram shop
4 liability insurance with coverage and in amounts that the
5 Committee reasonably determines are necessary.
6 Alcoholic liquors may be sold or delivered in the
7 building located at 1200 Centerville Avenue in Belleville,
8 Illinois and occupied by either the Belleville Area Special
9 Education District or the Belleville Area Special Services
10 Cooperative.
11 (Source: P.A. 88-652, eff. 9-16-94; 89-34, eff. 6-23-95;
12 89-262, eff. 8-10-95; 89-376, eff. 8-18-95; 89-445, eff.
13 2-7-96; 89-502, eff. 6-28-96; 89-544, eff. 7-19-96; 89-626,
14 eff. 8-9-96; revised 8-19-96.)
15 (235 ILCS 5/10-1) (from Ch. 43, par. 183)
16 Sec. 10-1. (a) Whereas a substantial threat to the sound
17 and careful control, regulation and taxation of the
18 manufacture, sale and distribution of alcoholic liquors
19 exists by virtue of individuals who manufacture, import,
20 distribute or sell alcoholic liquors within the State without
21 having first obtained a valid license to do so, and whereas
22 such threat is especially serious along the borders of this
23 State, and whereas such threat requires immediate correction
24 by this Act, by active investigation and prosecution by law
25 enforcement officials and prosecutors, and by prompt and
26 strict enforcement through the courts of this State to punish
27 violators and to deter such conduct in the future; any person
28 who manufactures, imports for distribution or use, or
29 distributes or sells alcoholic liquor at any place within the
30 State without having first obtained a valid license to do so
31 under the provisions of this Act shall be guilty of a
32 business offense and fined not more than $1,000 for the first
33 such offense and shall be guilty of a Class 4 felony for each
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1 subsequent offense.
2 (b) Any retailer, licensed in this State, who knowingly
3 causes to furnish, give, sell, or otherwise being within the
4 State, any alcoholic liquor destined to be used, distributed,
5 consumed or sold in another state, unless such alcoholic
6 liquor was received in this State by a duly licensed
7 distributor, or importing distributors shall have his license
8 suspended for 7 days for the first offense and for the second
9 offense, shall have his license revoked by the Commission.
10 (c) Any person who shall make any false statement or
11 otherwise violates any of the provisions of this Act in
12 obtaining any license hereunder, or who having obtained a
13 license hereunder shall violate any of the provisions of this
14 Act with respect to the manufacture, possession, distribution
15 or sale of alcoholic liquor, or with respect to the
16 maintenance of the licensed premises, or shall violate any
17 other provision of this Act, shall for a first offense be
18 guilty of a petty offense and fined not more than $500, and
19 for a second or subsequent offense shall be guilty of a Class
20 B misdemeanor.
21 (d) Each day any person engages in business as a
22 manufacturer, foreign importer, importing distributor,
23 distributor or retailer in violation of the provisions of
24 this Act shall constitute a separate offense.
25 (e) Any person, under the age of 21 years who, for the
26 purpose of buying, accepting or receiving alcoholic liquor
27 from a licensee, represents that he is 21 years of age or
28 over shall be guilty of a Class A misdemeanor.
29 (f) In addition to the penalties herein provided, any
30 person licensed as a wine-maker in either class who
31 manufactures more wine than authorized by his license shall
32 be guilty of a business offense and shall be fined $1 for
33 each gallon so manufactured.
34 (g) A person shall be exempt from prosecution for a
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1 violation of this Act if he is a peace officer in the
2 enforcement of the criminal laws and such activity is
3 approved in writing by one of the following:
4 (1) In all counties, the respective State's Attorney;
5 (2) The Director of State Police under Section 100-10,
6 100-15, 100-75, 100-100, 100-105, 100-110, 100-115, 100-120,
7 100-130, 100-140, 100-190, 100-200, 100-205, 100-210,
8 100-215, 100-250, 100-275, 100-300, 100-305, 100-315,
9 100-325, 100-335, 100-340, 100-350, 100-355, 100-360,
10 100-365, 100-375, 100-390, 100-400, 100-405, 100-420,
11 100-430, 100-435, 100-500, 100-525, or 100-550 of the
12 Department of State Police Law (20 ILCS 2605/100-10,
13 2605/100-15, 2605/100-75, 2605/100-100, 2605/100-105,
14 2605/100-110, 2605/100-115, 2605/100-120, 2605/100-130,
15 2605/100-140, 2605/100-190, 2605/100-200, 2605/100-205,
16 2605/100-210, 2605/100-215, 2605/100-250, 2605/100-275,
17 2605/100-300, 2605/100-305, 2605/100-315, 2605/100-325,
18 2605/100-335, 2605/100-340, 2605/100-350, 2605/100-355,
19 2605/100-360, 2605/100-365, 2605/100-375, 2605/100-390,
20 2605/100-400, 2605/100-405, 2605/100-420, 2605/100-430,
21 2605/100-435, 2605/100-500, 2605/100-525, or 2605/100-550)
22 Section 55a of The Civil Administrative Code of Illinois; or
23 (3) In cities over 1,000,000, the Superintendent of
24 Police.
25 (Source: P.A. 86-445.)
26 Section 5-465. The Personal Property Storage Act is
27 amended by changing Section 6 as follows:
28 (240 ILCS 10/6) (from Ch. 111 2/3, par. 124)
29 Sec. 6. Bond or legal liability insurance policy. Prior
30 to the issuance of a license, the personal property
31 warehouseman shall file with the Department a surety bond, or
32 legal liability insurance policy on a form prescribed by the
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1 Department, signed by the warehouseman as principal and by a
2 responsible company authorized to execute surety bonds within
3 the State of Illinois. The bond shall contain provisions for
4 faithful performance by the applicant of his duties as a
5 warehouseman in accordance with this Act, the rules and
6 regulations thereof, and the "Uniform Commercial Code", as
7 now or hereafter amended. Such bond shall also contain
8 provisions for the payment of any loss or damage sustained by
9 any depositor of property stored.
10 The amount of such bond is determined upon the following
11 basis:
12 For less than 20,000 net square feet of floor space or
13 for less than 50,000 net cubic feet of volume devoted to the
14 storage of personal property, $5,000;
15 For 20,000 and less than 50,000 net square feet of floor
16 space or for 50,000 and less than 100,000 net cubic feet of
17 volume devoted to the storage of personal property, $10,000;
18 For 50,000 and less than 100,000 net square feet of floor
19 space or for 100,000 and less than 200,000 net cubic feet of
20 volume devoted to the storage of personal property, $15,000;
21 For 100,000 and less than 200,000 net square feet of
22 floor space or for 200,000 and less than 300,000 net cubic
23 feet of volume devoted to the storage of personal property,
24 $20,000;
25 For 200,000 and less than 300,000 net square feet of
26 floor space or for 300,000 and less than 400,000 net cubic
27 feet of volume devoted to the storage of personal property,
28 $25,000; and
29 For 300,000 or more net square feet of floor space or for
30 400,000 or more net cubic feet of volume devoted to the
31 storage of personal property, $25,000 plus an additional
32 $5,000 for each additional 100,000 net square feet, or net
33 cubic feet of volume, or fraction thereof.
34 Such bond is to be made payable to the People of the
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1 State of Illinois, for the use and benefit of all persons
2 aggrieved by the failure of the operator to comply with this
3 Act, and shall not be cancelled during the period for which
4 any license is issued, except upon at least 90 days' notice,
5 in writing, to the Department.
6 If bond other than a surety bond is filed, it must be
7 secured by real estate having a value of not less than double
8 the amount of such bond over and above all exemptions and
9 liens thereon. Such bond shall be recorded and be a lien on
10 the real estate for the amount thereof, and the recording
11 fees paid by the applicant or operator.
12 Any operator may, in lieu of a bond, file with the
13 Department a certified copy of a legal liability insurance
14 policy or a certificate of deposit. The principal amount of
15 the legal liability insurance policy and the certificate of
16 deposit shall be the same as that required for a surety bond
17 under this Act. Any certificate of deposit filed with the
18 Department, in lieu of a surety bond, shall be payable to the
19 Director of the Department as Trustee and the interest
20 thereon shall be made payable to the purchaser thereof.
21 The legal liability insurance policy shall contain a loss
22 payable endorsement making such policy payable to the People
23 of the State of Illinois, with the Director of the Department
24 as Trustee. The legal liability insurance policy shall not
25 be cancelled during the period for which any license is
26 issued, except upon at least 90 days' notice in writing to
27 the Department. When in the discretion of the Department, the
28 legal liability insurance policy or the assets of a
29 warehouseman appear to be insufficient, when compared to his
30 storage obligations or to meet the bond requirements of the
31 United States, or any agency or corporation controlled by the
32 United States when they have a contract for storage with the
33 warehouseman, or for any other reason it may appear necessary
34 to the Department, the Department may require such additional
-624- LRB9000008DJcc
1 bond or legal liability insurance policy as may be reasonable
2 in the circumstances.
3 The Director of Agriculture as trustee of the bond or
4 policy shall have the authorities granted him in Section
5 15-410 40.23 of the Department of Agriculture Law (20 ILCS
6 205/15-410) Civil Administrative Code of Illinois and the
7 rules and regulations adopted pursuant thereto.
8 Failure to keep such bond or insurance policy in effect
9 is cause for the revocation of any license.
10 (Source: P.A. 83-1065.)
11 Section 5-470. The Grain Code is amended by changing
12 Sections 1-10, 1-15, and 20-25 as follows:
13 (240 ILCS 40/1-10)
14 Sec. 1-10. Definitions. As used in this Act:
15 "Board" means the governing body of the Illinois Grain
16 Insurance Corporation.
17 "Certificate" means a document, other than the license,
18 issued by the Department that certifies that a grain dealer's
19 license has been issued and is in effect.
20 "Claimant" means:
21 (a) a person, including, without limitation, a lender:
22 (1) who possesses warehouse receipts issued from an
23 Illinois location covering grain owned or stored by a
24 failed warehouseman; or
25 (2) who has other written evidence of a storage
26 obligation of a failed warehouseman issued from an
27 Illinois location in favor of the holder, including, but
28 not limited to, scale tickets, settlement sheets, and
29 ledger cards; or
30 (3) who has loaned money to a warehouseman and was
31 to receive a warehouse receipt issued from an Illinois
32 location as security for that loan, who surrendered
-625- LRB9000008DJcc
1 warehouse receipts as part of a grain sale at an Illinois
2 location, or who delivered grain out of storage with the
3 warehouseman as part of a grain sale at an Illinois
4 location; and
5 (i) the grain dealer or warehouseman failed
6 within 21 days after the loan of money, the
7 surrender of warehouse receipts, or the delivery of
8 grain, as the case may be, and no warehouse receipt
9 was issued or payment in full was not made on the
10 grain sale, as the case may be; or
11 (ii) written notice was given by the person to
12 the Department within 21 days after the loan of
13 money, the surrender of warehouse receipts, or the
14 delivery of grain, as the case may be, stating that
15 no warehouse receipt was issued or payment in full
16 made on the grain sale, as the case may be; or
17 (b) a producer not included in item (a)(3) in the
18 definition of "Claimant" who possesses evidence of the sale
19 at an Illinois location of grain delivered to a failed grain
20 dealer and who was not paid in full.
21 "Class I warehouseman" means a warehouseman who is
22 authorized to issue negotiable and non-negotiable warehouse
23 receipts.
24 "Class II warehouseman" means a warehouseman who is
25 authorized to issue only non-negotiable warehouse receipts.
26 "Code" means the Grain Code.
27 "Collateral" means:
28 (a) irrevocable letters of credit;
29 (b) certificates of deposit;
30 (c) cash or a cash equivalent; or
31 (d) any other property acceptable to the Department to
32 the extent there exists equity in that property. For the
33 purposes of this item (d), "equity" is the amount by which
34 the fair market value of the property exceeds the amount owed
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1 to a creditor who has a valid, prior, perfected security
2 interest in or other lien on the property.
3 "Corporation" means the Illinois Grain Insurance
4 Corporation.
5 "Daily position record" means a grain inventory
6 accountability record maintained on a daily basis that
7 includes an accurate reflection of changes in grain
8 inventory, storage obligations, company-owned inventory by
9 commodity, and other information that is required by the
10 Department.
11 "Daily grain transaction report" means a record of the
12 daily transactions of a grain dealer showing the amount of
13 all grain received and shipped during each day and the amount
14 on hand at the end of each day.
15 "Date of delivery of grain" means:
16 (a) the date grain is delivered to a grain dealer for
17 the purpose of sale;
18 (b) the date grain is delivered to a warehouseman for
19 the purpose of storage; or
20 (c) in reference to grain in storage with a
21 warehouseman, the date a warehouse receipt representing
22 stored grain is delivered to the issuer of the warehouse
23 receipt for the purpose of selling the stored grain or, if no
24 warehouse receipt was issued:
25 (1) the date the purchase price for stored grain is
26 established; or
27 (2) if sold by price later contract, the date of
28 the price later contract.
29 "Department" means the Illinois Department of
30 Agriculture.
31 "Depositor" means a person who has evidence of a storage
32 obligation from a warehouseman.
33 "Director", unless otherwise provided, means the Illinois
34 Director of Agriculture, or the Director's designee.
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1 "Emergency storage" means space measured in bushels and
2 used for a period of time not to exceed 3 months for storage
3 of grain as a consequence of an emergency situation.
4 "Equity assets" means:
5 (a) The equity in any property of the licensee or failed
6 licensee, other than grain assets. For purposes of this item
7 (a):
8 (1) "equity" is the amount by which the fair market
9 value of the property exceeds the amount owed to a
10 creditor who has a valid security interest in or other
11 lien on the property that was perfected before the date
12 of failure of the licensee;
13 (2) a creditor is not deemed to have a valid
14 security interest or other lien on property if (i) the
15 property can be directly traced as being from the sale of
16 grain by the licensee or failed licensee; (ii) the
17 security interest was taken as additional collateral on
18 account of an antecedent debt owed to the creditor; and
19 (iii) the security interest or other lien was perfected
20 (A) on or within 90 days before the date of failure of
21 the licensee or (B) when the creditor is a related
22 person, within one year of the date of failure of the
23 licensee.
24 "Failure" means, in reference to a licensee:
25 (a) a formal declaration of insolvency;
26 (b) a revocation of a license;
27 (c) a failure to apply for license renewal, leaving
28 indebtedness to claimants;
29 (d) a denial of license renewal, leaving indebtedness to
30 claimants; or
31 (e) a voluntary surrender of a license, leaving
32 indebtedness to claimants.
33 "Federal warehouseman" means a warehouseman licensed by
34 the United States government under the United States
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1 Warehouse Act (7 U.S.C. 241 et seq.).
2 "Fund" means the Illinois Grain Insurance Fund.
3 "Grain" means corn, soybeans, wheat, oats, rye, barley,
4 grain sorghum, canola, buckwheat, flaxseed, edible soybeans,
5 and other like agricultural commodities designated by rule.
6 "Grain assets" means:
7 (a) all grain owned and all grain stored by a licensee
8 or failed licensee, wherever located;
9 (b) redeposited grain of a licensee or failed licensee;
10 (c) identifiable proceeds including, but not limited to,
11 insurance proceeds received by or due to a licensee or failed
12 licensee resulting from the sale, exchange, destruction,
13 loss, theft, or other disposition of grain by the licensee or
14 failed licensee; or
15 (d) assets in hedging or speculative margin accounts
16 held by commodity or security exchanges on behalf of a
17 licensee or failed licensee and any moneys due or to become
18 due to a licensee or failed licensee, less any secured
19 financing directly associated with those assets or moneys,
20 from any transactions on those exchanges.
21 For purposes of this Act, storage charges, drying
22 charges, price later contract service charges, and other
23 grain service charges received by or due to a licensee or
24 failed licensee shall not be deemed to be grain assets, nor
25 shall such charges be deemed to be proceeds from the sale or
26 other disposition of grain by a licensee or a failed
27 licensee, or to have been directly or indirectly traceable
28 from, to have resulted from, or to have been derived in whole
29 or in part from, or otherwise related to, the sale or other
30 disposition of grain by the licensee or failed licensee.
31 "Grain dealer" means a person who is licensed by the
32 Department to engage in the business of buying grain from
33 producers.
34 "Grain Indemnity Trust Account" means a trust account
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1 established by the Director under Section 15-410 40.23 of the
2 Department of Agriculture Law (20 ILCS 205/15-410) Civil
3 Administrative Code of Illinois that is used for the receipt
4 and disbursement of moneys paid from the Fund and proceeds
5 from the liquidation of and collection upon grain assets,
6 equity assets, collateral, or guarantees of or relating to
7 failed licensees. The Grain Indemnity Trust Account shall be
8 used to pay valid claims, authorized refunds from the Fund,
9 and expenses incurred in preserving, liquidating, and
10 collecting upon grain assets, equity assets, collateral, and
11 guarantees relating to failed licensees.
12 "Guarantor" means a person who assumes all or part of the
13 obligations of a licensee to claimants.
14 "Guarantee" means a document executed by a guarantor by
15 which the guarantor assumes all or part of the obligations of
16 a licensee to claimants.
17 "Incidental grain dealer" means a grain dealer who
18 purchases grain only in connection with a feed milling
19 operation and whose total purchases of grain from producers
20 during the grain dealer's fiscal year do not exceed $100,000.
21 "Licensed storage capacity" means the maximum grain
22 storage capacity measured in bushels approved by the
23 applicable licensing agency for use by a warehouseman.
24 "Licensee" means a grain dealer or warehouseman who is
25 licensed by the Department and a federal warehouseman that is
26 a participant in the Fund, under subsection (c) of Section
27 30-10.
28 "Official grain standards" means the official grade
29 designations as adopted by the United States Department of
30 Agriculture under the United States Grain Standards Act and
31 regulations adopted under that Act (7 U.S.C. 71 et seq. and 7
32 CFR 810.201 et seq.).
33 "Permanent storage capacity" means the capacity of
34 permanent structures available for storage of grain on a
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1 regular and continuous basis and measured in bushels.
2 "Person" means any individual or entity, including, but
3 not limited to, a sole proprietorship, a partnership, a
4 corporation, a cooperative, an association, a limited
5 liability company, an estate, or a trust.
6 "Price later contract" means a written contract for the
7 sale of grain whereby any part of the purchase price may be
8 established by the seller after delivery of the grain to a
9 grain dealer according to a pricing formula contained in the
10 contract. Title to the grain passes to the grain dealer at
11 the time of delivery. The precise form and the general terms
12 and conditions of the contract shall be established by rule.
13 "Producer" means the owner, tenant, or operator of land
14 who has an interest in and receives all or part of the
15 proceeds from the sale of the grain produced on the land.
16 "Producer protection holding corporation" means a holding
17 corporation to receive, hold title to, and liquidate assets
18 of or relating to a failed licensee, including assets in
19 reference to collateral or guarantees relating to a failed
20 licensee.
21 "Related persons" means affiliates of a licensee, key
22 persons of a licensee, owners of a licensee, and persons who
23 have control over a licensee. For the purposes of this
24 definition:
25 (a) "Affiliate" means a person who has direct or
26 indirect control of a licensee, is controlled by a
27 licensee, or is under common control with a licensee.
28 (b) "Key person" means an officer, a director, a
29 trustee, a partner, a proprietor, a manager, a managing
30 agent, or the spouse of a licensee. An officer or a
31 director of an entity organized or operating as a
32 cooperative, however, shall not be considered to be a
33 "key person".
34 (c) "Owner" means the holder of: over 10% of the
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1 total combined voting power of a corporation or over 10%
2 of the total value of shares of all classes of stock of a
3 corporation; over a 10% interest in a partnership; over
4 10% of the value of a trust computed actuarially; or over
5 10% of the legal or beneficial interest in any other
6 business, association, endeavor, or entity that is a
7 licensee. For purposes of computing these percentages, a
8 holder is deemed to own stock or other interests in a
9 business entity whether the ownership is direct or
10 indirect.
11 (d) "Control" means the power to exercise authority
12 over or direct the management or policies of a business
13 entity.
14 (e) "Indirect" means an interest in a business held
15 by the holder not through the holder's actual holdings in
16 the business, but through the holder's holdings in other
17 businesses.
18 (f) Notwithstanding any other provision of this
19 Act, the term "related person" does not include a lender,
20 secured party, or other lien holder solely by reason of
21 the existence of the loan, security interest, or lien, or
22 solely by reason of the lender, secured party, or other
23 lien holder having or exercising any right or remedy
24 provided by law or by agreement with a licensee or a
25 failed licensee.
26 "Successor agreement" means an agreement by which a
27 licensee succeeds to the grain obligations of a former
28 licensee.
29 "Temporary storage space" means space measured in bushels
30 and used for 6 months or less for storage of grain on a
31 temporary basis due to a need for additional storage in
32 excess of permanent storage capacity.
33 "Trust account" means the Grain Indemnity Trust Account.
34 "Valid claim" means a claim, submitted by a claimant,
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1 whose amount and category have been determined by the
2 Department, to the extent that determination is not subject
3 to further administrative review or appeal.
4 "Warehouse" means a building, structure, or enclosure in
5 which grain is stored for the public for compensation,
6 whether grain of different owners is commingled or whether
7 identity of different lots of grain is preserved.
8 "Warehouse receipt" means a receipt for the storage of
9 grain issued by a warehouseman.
10 "Warehouseman" means a person who is licensed:
11 (a) by the Department to engage in the business of
12 storing grain for compensation; or
13 (b) under the United States Warehouse Act who
14 participates in the Fund under subsection (c) of Section
15 30-10.
16 (Source: P.A. 89-287, eff. 1-1-96.)
17 (240 ILCS 40/1-15)
18 Sec. 1-15. Powers and duties of Director. The Director
19 has all powers necessary and proper to fully and effectively
20 execute the provisions of this Code and has the general duty
21 to implement this Code. The Director's powers and duties
22 include, but are not limited to, the following:
23 (1) The Director may, upon application, issue or refuse
24 to issue licenses under this Code, and the Director may
25 extend, renew, reinstate, suspend, revoke, or accept
26 voluntary surrender of licenses under this Code.
27 (2) The Director shall examine and inspect each licensee
28 at least once each calendar year. The Director may inspect
29 the premises used by a licensee at any time. The books,
30 accounts, records, and papers of a licensee are at all times
31 during business hours subject to inspection by the Director.
32 Each licensee may also be required to make reports of its
33 activities, obligations, and transactions that are deemed
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1 necessary by the Director to determine whether the interests
2 of producers and the holders of warehouse receipts are
3 adequately protected and safeguarded. The Director may take
4 action or issue orders that in the opinion of the Director
5 are necessary to prevent fraud upon or discrimination against
6 producers or depositors by a licensee.
7 (3) The Director may, upon his or her initiative or upon
8 the written verified complaint of any person setting forth
9 facts that if proved would constitute grounds for a refusal
10 to issue or renew a license or for a suspension or revocation
11 of a license, investigate the actions of any person applying
12 for, holding, or claiming to hold a license or any related
13 party of that person.
14 (4) The Director (but not the Director's designee) may
15 issue subpoenas and bring before the Department any person
16 and take testimony either at an administrative hearing or by
17 deposition with witness fees and mileage fees and in the same
18 manner as prescribed in the Code of Civil Procedure. The
19 Director or the Director's designee may administer oaths to
20 witnesses at any proceeding that the Department is authorized
21 by law to conduct. The Director (but not the Director's
22 designee) may issue subpoenas duces tecum to command the
23 production of records relating to a licensee, guarantor,
24 related business, related person, or related party. Subpoenas
25 are subject to the rules of the Department.
26 (5) Notwithstanding other judicial remedies, the
27 Director may file a complaint and apply for a temporary
28 restraining order or preliminary or permanent injunction
29 restraining or enjoining any person from violating or
30 continuing to violate this Code or its rules.
31 (6) The Director shall act as Trustee for the Trust
32 Account, act as Trustee over all collateral, guarantees,
33 grain assets, and equity assets held by the Department for
34 the benefit of claimants, and exercise certain powers and
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1 perform related duties under Section 20-5 of this Code and
2 Section 15-410 40.23 of the Department of Agriculture Law (20
3 ILCS 205/15-410) Civil Administrative Code of Illinois,
4 except that the provisions of the Trust and Trustees Act do
5 not apply to the Trust Account or any other trust created
6 under this Code.
7 (7) The Director shall personally serve as president of
8 the Corporation.
9 (8) The Director shall collect and deposit all monetary
10 penalties and assessments authorized under this Code into the
11 Fund.
12 (9) The Director may initiate any action necessary to
13 pay refunds from the Fund.
14 (10) The Director shall maintain a holding corporation
15 to receive, hold title to, and liquidate assets of or
16 relating to a failed licensee, including assets in reference
17 to collateral or guarantees, and deposit the proceeds into
18 the Fund.
19 (11) The Director may initiate, participate in, or
20 withdraw from any proceedings to liquidate and collect upon
21 grain assets, equity assets, collateral, and guarantees
22 relating to a failed licensee, including, but not limited to,
23 all powers needed to carry out the provisions of Section
24 20-15.
25 (12) The Director, as Trustee or otherwise, may take any
26 action that may be reasonable or appropriate to enforce this
27 Code and its rules.
28 (Source: P.A. 89-287, eff. 1-1-96.)
29 (240 ILCS 40/20-25)
30 Sec. 20-25. Refusal of licensee to allow liquidation.
31 (a) If, after a failure, the failed licensee does not
32 transfer control of the grain assets to the Trustee, the
33 Director may, in conjunction with the authority granted in
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1 this Code and in Section 15-410 40.23 of the Department of
2 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
3 Code of Illinois, file a complaint and apply to a court of
4 competent jurisdiction for a temporary restraining order, a
5 preliminary injunction, or a permanent injunction to be
6 entered without bond to carry out the provisions of this
7 Code.
8 (b) If a party seeks relief from a court of competent
9 jurisdiction that would enjoin, restrain, stay, or otherwise
10 resist either (1) an administrative order of the Department
11 that suspends, revokes, or denies renewal of a license under
12 this Code or (2) an action brought by the Department relating
13 to liquidation of a licensee, the court shall require the
14 party requesting the relief to provide a bond as provided for
15 in the Code of Civil Procedure. The bond shall be in an
16 amount adequate to assure that all producers and depositors
17 will be paid while the licensee is operating following
18 suspension, revocation, or denial of renewal of a license
19 under the judicial relief for grain sold to or stored with
20 the licensee. The bond shall be in a minimum amount
21 sufficient to satisfy all existing grain obligations of the
22 licensee for grain purchased, sold, or stored. In setting
23 the amount of the bond, the court shall consider increasing
24 the amount of the bond based upon a consideration of other
25 factors, including, but not limited to, the total dollar
26 amount of grain purchased annually by the licensee and the
27 value of the storage obligations of the licensee.
28 (Source: P.A. 89-287, eff. 1-1-96; 89-626, eff. 8-9-96.)
29 Section 5-475. The Illinois Public Aid Code is amended by
30 changing Section 11-9 as follows:
31 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
32 (Text of Section before amendment by P.A. 89-507)
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1 Sec. 11-9. Protection of records - Exceptions. For the
2 protection of applicants and recipients, the Illinois
3 Department, the county departments and local governmental
4 units and their respective officers and employees are
5 prohibited, except as hereinafter provided, from disclosing
6 the contents of any records, files, papers and
7 communications, except for purposes directly connected with
8 the administration of public aid under this Code.
9 In any judicial proceeding, except a proceeding directly
10 concerned with the administration of programs provided for in
11 this Code, such records, files, papers and communications,
12 and their contents shall be deemed privileged communications
13 and shall be disclosed only upon the order of the court,
14 where the court finds such to be necessary in the interest of
15 justice.
16 The Illinois Department shall establish and enforce
17 reasonable rules and regulations governing the custody, use
18 and preservation of the records, papers, files, and
19 communications of the Illinois Department, the county
20 departments and local governmental units receiving State or
21 Federal funds or aid. The governing body of other local
22 governmental units shall in like manner establish and enforce
23 rules and regulations governing the same matters.
24 The contents of case files pertaining to recipients under
25 Articles VI and VII shall be made available without subpoena
26 or formal notice to the officers of any court, to all law
27 enforcing agencies, and to such other persons or agencies as
28 from time to time may be authorized by any court. In
29 particular, the contents of those case files shall be made
30 available upon request to a law enforcement agency for the
31 purpose of determining the current address of a recipient
32 with respect to whom an arrest warrant is outstanding.
33 Information shall also be disclosed to the Illinois State
34 Scholarship Commission pursuant to an investigation or audit
-637- LRB9000008DJcc
1 by the Illinois State Scholarship Commission of a delinquent
2 student loan or monetary award.
3 This Section does not prevent the Illinois Department and
4 local governmental units from reporting to appropriate law
5 enforcement officials the desertion or abandonment by a
6 parent of a child, as a result of which financial aid has
7 been necessitated under Articles IV, V, VI, or VII, or
8 reporting to appropriate law enforcement officials instances
9 in which a mother under age 18 has a child out of wedlock and
10 is an applicant for or recipient of aid under any Article of
11 this Code. The Illinois Department may provide by rule for
12 the county departments and local governmental units to
13 initiate proceedings under the Juvenile Court Act of 1987 to
14 have children declared to be neglected when they deem such
15 action necessary to protect the children from immoral
16 influences present in their home or surroundings.
17 This Section does not preclude the full exercise of the
18 powers of the Board of Public Aid Commissioners to inspect
19 records and documents, as provided for all advisory boards
20 pursuant to Section 5-505 8 of the Departments of State
21 Government Law (20 ILCS 5/5-505) "The Civil Administrative
22 Code of Illinois", approved March 7, 1917, as amended.
23 This Section does not preclude exchanges of information
24 between the Illinois Department of Public Aid and the
25 Illinois Department of Revenue for the purpose of verifying
26 sources and amounts of income and for other purposes directly
27 connected with the administration of this Code and of the
28 Illinois Income Tax Act.
29 The provisions of this Section and of Section 11-11 as
30 they apply to applicants and recipients of public aid under
31 Articles III, IV and V shall be operative only to the extent
32 that they do not conflict with any Federal law or regulation
33 governing Federal grants to this State for such programs.
34 The Illinois Department shall enter into an inter-agency
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1 agreement with the Department of Children and Family Services
2 to establish a procedure by which employees of the Department
3 of Children and Family Services may have immediate access to
4 records, files, papers, and communications (except medical,
5 alcohol or drug assessment or treatment, mental health, or
6 any other medical records) of the Illinois Department, county
7 departments, and local governmental units receiving State or
8 federal funds or aid, if the Department of Children and
9 Family Services determines the information is necessary to
10 perform its duties under the Abused and Neglected Child
11 Reporting Act, the Child Care Act of 1969, and the Children
12 and Family Services Act.
13 (Source: P.A. 88-614, eff. 9-7-94; 89-583, eff. 1-1-97;
14 revised 9-9-96.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 11-9. Protection of records - Exceptions. For the
17 protection of applicants and recipients, the Illinois
18 Department, the county departments and local governmental
19 units and their respective officers and employees are
20 prohibited, except as hereinafter provided, from disclosing
21 the contents of any records, files, papers and
22 communications, except for purposes directly connected with
23 the administration of public aid under this Code.
24 In any judicial proceeding, except a proceeding directly
25 concerned with the administration of programs provided for in
26 this Code, such records, files, papers and communications,
27 and their contents shall be deemed privileged communications
28 and shall be disclosed only upon the order of the court,
29 where the court finds such to be necessary in the interest of
30 justice.
31 The Illinois Department shall establish and enforce
32 reasonable rules and regulations governing the custody, use
33 and preservation of the records, papers, files, and
34 communications of the Illinois Department, the county
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1 departments and local governmental units receiving State or
2 Federal funds or aid. The governing body of other local
3 governmental units shall in like manner establish and enforce
4 rules and regulations governing the same matters.
5 The contents of case files pertaining to recipients under
6 Articles VI and VII shall be made available without subpoena
7 or formal notice to the officers of any court, to all law
8 enforcing agencies, and to such other persons or agencies as
9 from time to time may be authorized by any court. In
10 particular, the contents of those case files shall be made
11 available upon request to a law enforcement agency for the
12 purpose of determining the current address of a recipient
13 with respect to whom an arrest warrant is outstanding.
14 Information shall also be disclosed to the Illinois State
15 Scholarship Commission pursuant to an investigation or audit
16 by the Illinois State Scholarship Commission of a delinquent
17 student loan or monetary award.
18 This Section does not prevent the Illinois Department and
19 local governmental units from reporting to appropriate law
20 enforcement officials the desertion or abandonment by a
21 parent of a child, as a result of which financial aid has
22 been necessitated under Articles IV, V, VI, or VII, or
23 reporting to appropriate law enforcement officials instances
24 in which a mother under age 18 has a child out of wedlock and
25 is an applicant for or recipient of aid under any Article of
26 this Code. The Illinois Department may provide by rule for
27 the county departments and local governmental units to
28 initiate proceedings under the Juvenile Court Act of 1987 to
29 have children declared to be neglected when they deem such
30 action necessary to protect the children from immoral
31 influences present in their home or surroundings.
32 This Section does not preclude the full exercise of the
33 powers of the Board of Public Aid Commissioners to inspect
34 records and documents, as provided for all advisory boards
-640- LRB9000008DJcc
1 pursuant to Section 5-505 8 of the Departments of State
2 Government Law (20 ILCS 5-505) "The Civil Administrative Code
3 of Illinois", approved March 7, 1917, as amended.
4 This Section does not preclude exchanges of information
5 among the Illinois Department of Public Aid, the Department
6 of Human Services (as successor to the Department of Public
7 Aid), and the Illinois Department of Revenue for the purpose
8 of verifying sources and amounts of income and for other
9 purposes directly connected with the administration of this
10 Code and of the Illinois Income Tax Act.
11 The provisions of this Section and of Section 11-11 as
12 they apply to applicants and recipients of public aid under
13 Articles III, IV and V shall be operative only to the extent
14 that they do not conflict with any Federal law or regulation
15 governing Federal grants to this State for such programs.
16 The Illinois Department of Public Aid and the Department
17 of Human Services (as successor to the Illinois Department of
18 Public Aid) shall enter into an inter-agency agreement with
19 the Department of Children and Family Services to establish a
20 procedure by which employees of the Department of Children
21 and Family Services may have immediate access to records,
22 files, papers, and communications (except medical, alcohol or
23 drug assessment or treatment, mental health, or any other
24 medical records) of the Illinois Department, county
25 departments, and local governmental units receiving State or
26 federal funds or aid, if the Department of Children and
27 Family Services determines the information is necessary to
28 perform its duties under the Abused and Neglected Child
29 Reporting Act, the Child Care Act of 1969, and the Children
30 and Family Services Act.
31 (Source: P.A. 88-614, eff. 9-7-94; 89-507, eff. 7-1-97;
32 89-583, eff. 1-1-97; revised 9-9-96.)
33 Section 5-480. The Abused and Neglected Child Reporting
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1 Act is amended by changing Section 7.4 as follows:
2 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
3 Sec. 7.4. (a) The Department shall be capable of
4 receiving reports of suspected child abuse or neglect 24
5 hours a day, 7 days a week. Whenever the Department receives
6 a report alleging that a child is a truant as defined in
7 Section 26-2a of The School Code, as now or hereafter
8 amended, the Department shall notify the superintendent of
9 the school district in which the child resides and the
10 appropriate superintendent of the educational service region.
11 The notification to the appropriate officials by the
12 Department shall not be considered an allegation of abuse or
13 neglect under this Act.
14 (b) (1) The following procedures shall be followed
15 in the investigation of all reports of suspected abuse or
16 neglect of a child, except as provided in subsection (c)
17 of this Section.
18 (2) If it appears that the immediate safety or
19 well-being of a child is endangered, that the family may
20 flee or the child disappear, or that the facts otherwise
21 so warrant, the Child Protective Service Unit shall
22 commence an investigation immediately, regardless of the
23 time of day or night. In all other cases, investigation
24 shall be commenced within 24 hours of receipt of the
25 report. Upon receipt of a report, the Child Protective
26 Service Unit shall make an initial investigation and an
27 initial determination whether the report is a good faith
28 indication of alleged child abuse or neglect.
29 (3) If the Unit determines the report is a good
30 faith indication of alleged child abuse or neglect, then
31 a formal investigation shall commence and, pursuant to
32 Section 7.12 of this Act, may or may not result in an
33 indicated report. The formal investigation shall
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1 include: direct contact with the subject or subjects of
2 the report as soon as possible after the report is
3 received; an evaluation of the environment of the child
4 named in the report and any other children in the same
5 environment; a determination of the risk to such children
6 if they continue to remain in the existing environments,
7 as well as a determination of the nature, extent and
8 cause of any condition enumerated in such report; the
9 name, age and condition of other children in the
10 environment; and an evaluation as to whether there would
11 be an immediate and urgent necessity to remove the child
12 from the environment if appropriate family preservation
13 services were provided. After seeing to the safety of
14 the child or children, the Department shall forthwith
15 notify the subjects of the report in writing, of the
16 existence of the report and their rights existing under
17 this Act in regard to amendment or expungement. To
18 fulfill the requirements of this Section, the Child
19 Protective Service Unit shall have the capability of
20 providing or arranging for comprehensive emergency
21 services to children and families at all times of the day
22 or night.
23 (4) If (i) at the conclusion of the Unit's initial
24 investigation of a report, the Unit determines the report
25 to be a good faith indication of alleged child abuse or
26 neglect that warrants a formal investigation by the Unit,
27 the Department, any law enforcement agency or any other
28 responsible agency and (ii) the person who is alleged to
29 have caused the abuse or neglect is employed or otherwise
30 engaged in an activity resulting in frequent contact with
31 children and the alleged abuse or neglect are in the
32 course of such employment or activity, then the
33 Department shall, except in investigations where the
34 Director determines that such notification would be
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1 detrimental to the Department's investigation, inform the
2 appropriate supervisor or administrator of that
3 employment or activity that the Unit has commenced a
4 formal investigation pursuant to this Act, which may or
5 may not result in an indicated report. The Department
6 shall also notify the person being investigated, unless
7 the Director determines that such notification would be
8 detrimental to the Department's investigation.
9 (c) In an investigation of a report of suspected abuse
10 or neglect of a child by a school employee at a school or on
11 school grounds, the Department shall make reasonable efforts
12 to follow the following procedures:
13 (1) Investigations involving teachers shall not, to
14 the extent possible, be conducted when the teacher is
15 scheduled to conduct classes. Investigations involving
16 other school employees shall be conducted so as to
17 minimize disruption of the school day. The school
18 employee accused of child abuse or neglect may have his
19 superior, his association or union representative and his
20 attorney present at any interview or meeting at which the
21 teacher or administrator is present. The accused school
22 employee shall be informed by a representative of the
23 Department, at any interview or meeting, of the accused
24 school employee's due process rights and of the steps in
25 the investigation process. The information shall include,
26 but need not necessarily be limited to the right, subject
27 to the approval of the Department, of the school employee
28 to confront the accuser, if the accuser is 14 years of
29 age or older, or the right to review the specific
30 allegations which gave rise to the investigation, and the
31 right to review all materials and evidence that have been
32 submitted to the Department in support of the allegation.
33 These due process rights shall also include the right of
34 the school employee to present countervailing evidence
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1 regarding the accusations.
2 (2) If a report of neglect or abuse of a child by a
3 teacher or administrator does not involve allegations of
4 sexual abuse or extreme physical abuse, the Child
5 Protective Service Unit shall make reasonable efforts to
6 conduct the initial investigation in coordination with
7 the employee's supervisor.
8 If the Unit determines that the report is a good
9 faith indication of potential child abuse or neglect, it
10 shall then commence a formal investigation under
11 paragraph (3) of subsection (b) of this Section.
12 (3) If a report of neglect or abuse of a child by a
13 teacher or administrator involves an allegation of sexual
14 abuse or extreme physical abuse, the Child Protective
15 Unit shall commence an investigation under paragraph (2)
16 of subsection (b) of this Section.
17 (d) If the Department has contact with an employer in
18 the course of its investigation, the Department shall notify
19 the employer, in writing, when a report is unfounded so that
20 any record of the investigation can be expunged from the
21 employee's personnel records. The Department shall also
22 notify the employee, in writing, that notification has been
23 sent to the employer informing the employer that the
24 Department's investigation has resulted in an unfounded
25 report.
26 (e) Upon request by the Department, the Department of
27 State Police and law enforcement agencies are authorized to
28 provide criminal history record information as defined in
29 the Illinois Uniform Conviction Information Act and
30 information maintained in the adjudicatory and dispositional
31 record system as defined in subdivision (A)19 of Section
32 100-355 55a of the Department of State Police Law (20 ILCS
33 2605/100-355) Civil Administrative Code of Illinois to
34 properly designated employees of the Department of Children
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1 and Family Services if the Department determines the
2 information is necessary to perform its duties under the
3 Abused and Neglected Child Reporting Act, the Child Care Act
4 of 1969, and the Children and Family Services Act. The
5 request shall be in the form and manner required by the
6 Department of State Police. Any information obtained by the
7 Department of Children and Family Services under this Section
8 is confidential and may not be transmitted outside the
9 Department of Children and Family Services other than to a
10 court of competent jurisdiction or unless otherwise
11 authorized by law. Any employee of the Department of Children
12 and Family Services who transmits confidential information in
13 violation of this Section or causes the information to be
14 transmitted in violation of this Section is guilty of a Class
15 A misdemeanor unless the transmittal of the information is
16 authorized by this Section or otherwise authorized by law.
17 (Source: P.A. 87-400; 88-614, eff. 9-7-94.)
18 Section 5-490. The Mental Health Hispanic Interpreter Act
19 is amended by changing Section 1 as follows:
20 (405 ILCS 75/1) (from Ch. 91 1/2, par. 1751)
21 Sec. 1. Every State-operated mental health and
22 developmental disability facility where at least 1% of total
23 annual admissions for inpatient or outpatient care consists
24 of recipients of Hispanic descent shall provide a qualified
25 interpreter when such recipient lacks proficiency in the
26 English language to such an extent that communication with
27 facility staff for purposes of receiving care or treatment is
28 prevented. An interpreter shall be provided at any time such
29 a recipient is admitted to a State-operated facility or seeks
30 or receives care or treatment at such a facility. The
31 administrator of each State-operated facility may utilize
32 existing facility staff in complying with the requirements of
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1 this Act. For purposes of this Act, "State-operated
2 facility" means a facility operated by a Department of State
3 government created under Section 5-15 3 of the Departments of
4 State Government Law (20 ILCS 5/5-15) Civil Administrative
5 Code of Illinois, or by a public university of this State.
6 (Source: P.A. 88-380.)
7 Section 5-495. The Illinois Rural/Downstate Health Act is
8 amended by changing Section 4 as follows:
9 (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
10 Sec. 4. The Center shall have the authority:
11 (a) To assist rural communities and communities in
12 designated shortage areas by providing technical assistance
13 to community leaders in defining their specific health care
14 needs and identifying strategies to address those needs.
15 (b) To link rural communities and communities in
16 designated shortage areas with other units in the Department
17 or other State agencies which can assist in the solution of a
18 health care access problem.
19 (c) To maintain and disseminate information on
20 innovative health care strategies, either directly or
21 indirectly.
22 (d) To administer State or federal grant programs
23 relating to rural health or medically underserved areas
24 established by State or federal law for which funding has
25 been made available.
26 (e) To promote the development of primary care services
27 in rural areas and designated shortage areas. Subject to
28 available appropriations, the Department may annually award
29 grants of up to $300,000 each to enable the health services
30 in those areas to offer multi-service comprehensive
31 ambulatory care, thereby improving access to primary care
32 services. Grants may cover operational and facility
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1 construction and renovation expenses, including but not
2 limited to the cost of personnel, medical supplies and
3 equipment, patient transportation, and health provider
4 recruitment. The Department shall prescribe by rule standards
5 and procedures for the provision of local matching funds in
6 relation to each grant application. Grants provided under
7 this paragraph (e) shall be in addition to support and
8 assistance provided under subsection (a) of Section 90-200
9 55.53(a) of the Department of Public Health Powers and Duties
10 Law (20 ILCS 2310/90-200) Civil Administrative Code of
11 Illinois. Eligible applicants shall include, but not be
12 limited to, community-based organizations, hospitals, local
13 health departments, and Community Health Centers as defined
14 in Section 4.1 of the Illinois Rural Health Act.
15 (f) To annually provide grants from available
16 appropriations to hospitals located in medically underserved
17 areas or health manpower shortage areas as defined by the
18 United States Department of Health and Human Services, whose
19 governing boards include significant representation of
20 consumers of hospital services residing in the area served by
21 the hospital, and which agree not to discriminate in any way
22 against any consumer of hospital services based upon the
23 consumer's source of payment for those services. Grants that
24 may be awarded under this paragraph (f) shall be limited to
25 $500,000 and shall not exceed 50% of the total project need
26 indicated in each application. Expenses covered by the grants
27 may include but are not limited to facility renovation,
28 equipment acquisition and maintenance, recruitment of health
29 personnel, diversification of services, and joint venture
30 arrangements.
31 (g) To establish a recruitment center which shall
32 actively recruit physicians and other health care
33 practitioners to participate in the program, maintain
34 contacts with participating practitioners, actively promote
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1 health care professional practice in designated shortage
2 areas, assist in matching the skills of participating medical
3 students with the needs of community health centers in
4 designated shortage areas, and assist participating medical
5 students in locating in designated shortage areas.
6 (h) To assist communities in designated shortage areas
7 find alternative services or temporary health care providers
8 when existing health care providers are called into active
9 duty with the armed forces of the United States.
10 (i) To develop, in cooperation with the Illinois
11 Development Finance Authority, financing programs whose goals
12 and purposes shall be to provide moneys to carry out the
13 purpose of this Act, including, but not limited to, revenue
14 bond programs, revolving loan programs, equipment leasing
15 programs, and working cash programs. The Department may
16 transfer to the Illinois Development Finance Authority, into
17 an account outside of the State treasury, moneys in special
18 funds of the Department for the purposes of establishing
19 those programs. The disposition of any moneys so transferred
20 shall be determined by an interagency agreement.
21 (Source: P.A. 87-633; 88-535.)
22 Section 5-500. The Illinois Nuclear Safety Preparedness
23 Act is amended by changing Section 8 as follows:
24 (420 ILCS 5/8) (from Ch. 111 1/2, par. 4308)
25 Sec. 8. (a) The Illinois Nuclear Safety Preparedness
26 Program shall consist of an assessment of the potential
27 nuclear accidents, their radiological consequences, and the
28 necessary protective actions required to mitigate the effects
29 of such accidents. It shall include, but not necessarily be
30 limited to:
31 (1) Development of a remote effluent monitoring system
32 capable of reliably detecting and quantifying accidental
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1 radioactive releases from nuclear power plants to the
2 environment;
3 (2) Development of an environmental monitoring program
4 for nuclear facilities other than nuclear power plants;
5 (3) Development of procedures for radiological
6 assessment and radiation exposure control for areas
7 surrounding each nuclear facility in Illinois;
8 (4) Radiological training of state and local emergency
9 response personnel in accordance with the Department's
10 responsibilities under the program;
11 (5) Participation in the development of accident
12 scenarios and in the exercising of fixed facility nuclear
13 emergency response plans;
14 (6) Development of mitigative emergency planning
15 standards including, but not limited to, standards pertaining
16 to evacuations, re-entry into evacuated areas, contaminated
17 foodstuffs and contaminated water supplies;
18 (7) Provision of specialized response equipment
19 necessary to accomplish this task;
20 (8) Implementation of the Boiler and Pressure Vessel
21 Safety program at nuclear steam-generating facilities as
22 mandated by subsection C of Section 75-35 71 of the
23 Department of Nuclear Safety Law (20 ILCS 2005/75-35) Civil
24 Administrative Code of Illinois;
25 (9) Development and implementation of a plan for
26 inspecting and escorting all shipments of spent nuclear fuel
27 and high-level radioactive waste in Illinois; and
28 (10) Implementation of the program under the Illinois
29 Nuclear Facility Safety Act.
30 (b) The Department may incorporate data collected by the
31 operator of a nuclear facility into the Department's remote
32 monitoring system.
33 (c) The owners of each nuclear power reactor in Illinois
34 shall provide the Department all system status signals which
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1 initiate Emergency Action Level Declarations, actuate
2 accident mitigation and provide mitigation verification as
3 directed by the Department. The Department shall designate
4 by rule those system status signals that must be provided.
5 Signals providing indication of operating power level shall
6 also be provided. The owners of the nuclear power reactors
7 shall, at their expense, ensure that valid signals will be
8 provided continuously 24 hours a day.
9 All such signals shall be provided in a manner and at a
10 frequency specified by the Department for incorporation into
11 and augmentation of the remote effluent monitoring system
12 specified in subsection (a) (1) of this Section. Provision
13 shall be made for assuring that such system status and power
14 level signals shall be available to the Department during
15 reactor operation as well as throughout accidents and
16 subsequent recovery operations.
17 For nuclear reactors with operating licenses issued by
18 the Nuclear Regulatory Commission prior to the effective date
19 of this amendatory Act, such system status and power level
20 signals shall be provided to the Department by March 1, 1985.
21 For reactors without such a license on the effective date of
22 this amendatory Act, such signals shall be provided to the
23 Department prior to commencing initial fuel load for such
24 reactor. Nuclear reactors receiving their operating license
25 after the effective date of this amendatory Act, but before
26 July 1, 1985, shall provide such system status and power
27 level signals to the Department by September 1, 1985.
28 (Source: P.A. 86-901.)
29 Section 5-505. The Fireworks Regulation Act of Illinois
30 is amended by changing Section 21 as follows:
31 (425 ILCS 30/21) (from Ch. 127 1/2, par. 121)
32 Sec. 21. The manner of conducting hearings provided for
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1 in section 20 of this Act shall conform, as nearly as may be,
2 to the provisions governing hearings set forth in Sections
3 80-100, 80-105, 80-110, 80-115, 80-120, and 80-125 60-c to
4 60-h, inclusive, of "the Department of Professional
5 Regulation Law (20 ILCS 2105/80-100, 2105/80-105,
6 2105/80-110, 2105/80-115, 2105/80-120, and 2105/80-125) Civil
7 Administrative Code of Illinois," approved March 7, 1917, as
8 amended.
9 (Source: Laws 1949, p. 715.)
10 Section 5-510. The Firearm Owners Identification Card Act
11 is amended by changing Section 15a as follows:
12 (430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
13 Sec. 15a. When this amendatory Act enacted by the
14 Seventy-Sixth General Assembly takes effect the records of
15 the Department of Public Safety relating to the
16 administration of the Act amended shall be transferred to the
17 Department of State Police. All Firearm Owner's
18 Identification Cards issued by the Department of Public
19 Safety shall be valid for the period for which they were
20 issued unless revoked or seized in the manner provided in the
21 Act amended. The Department of State Police as the successor
22 to the Department of Public Safety shall have the rights,
23 powers and duties provided in, and be subject to the
24 provisions of Sections 5-95, 5-700, and 5-705 32, 33 and 34
25 of "the Departments of State Government Law (20 ILCS 5/5-95,
26 5/5-700, and 5/5-705) Civil Administrative Code of Illinois".
27 (Source: P.A. 84-25.)
28 Section 5-515. The Illinois Fertilizer Act of 1961 is
29 amended by changing Section 6a as follows:
30 (505 ILCS 80/6a) (from Ch. 5, par. 55.6a)
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1 Sec. 6a. The Department is hereby authorized to
2 establish a program and expend appropriations for a
3 fertilizer research and education program dealing with the
4 relationship of fertilizer use to soil management, soil
5 fertility, plant nutrition problems, and for research on
6 environmental concerns which may be related to fertilizer
7 usage; for the dissemination of the results of such research;
8 and for other designated activities including educational
9 programs to promote the correct and effective usage of
10 fertilizer materials.
11 To assist in the development and administration of the
12 fertilizer research and education program, the Director is
13 authorized to establish a Fertilizer Research and Education
14 Council consisting of 9 persons. This council shall be
15 comprised of 3 persons representing the fertilizer industry,
16 3 persons representing crop production, and 2 persons
17 representing the public at large. In the appointment of
18 persons to the council, the Director shall consult with
19 representative persons and recognized organizations in the
20 respective fields concerning such appointments. The Director
21 or his representative from the Department shall act as
22 chairman of the council. The Director shall call meetings
23 thereof from time to time or when requested by 3 or more
24 appointed members of the council.
25 The responsibilities of the Fertilizer Research and
26 Education Council are to:
27 (a) solicit research and education projects consistent
28 with the scope of the established fertilizer research and
29 education program;
30 (b) review and arrange for peer review of all research
31 proposals for scientific merit and methods, and review or
32 arrange for the review of all proposals for their merit,
33 objective, methods and procedures;
34 (c) evaluate the proposed budget for the projects and
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1 make recommendations as necessary; and
2 (d) monitor the progress of projects and report at least
3 once each 6 months on each project's accomplishments to the
4 Director and Board of Agricultural Advisors.
5 The Fertilizer Research and Education Council shall at
6 least annually recommend projects to be approved and funded
7 including recommendations on continuation or cancellation of
8 authorized and ongoing projects to the Board of Agricultural
9 Advisors, which is created in Section 5-525 6.01 of the
10 Departments of State Government Law (20 ILCS 5/5-525) Civil
11 Administrative Code of Illinois. The Board of Agricultural
12 Advisors shall review the proposed projects and
13 recommendations of the Fertilizer Research and Education
14 Council and recommend to the Director what projects shall be
15 approved and their priority. In the case of authorized and
16 ongoing projects, the Board of Agricultural Advisors shall
17 recommend to the Director the continuation or cancellation of
18 such projects.
19 When the Director, the Board of Agricultural Advisors,
20 and the Fertilizer Research and Education Council approve a
21 project and subject to available appropriations, the Director
22 shall grant funds to the person originating the proposal.
23 (Source: P.A. 86-232.)
24 Section 5-520. The Illinois Highway Code is amended by
25 changing Section 4-101.15 as follows:
26 (605 ILCS 5/4-101.15) (from Ch. 121, par. 4-101.15)
27 Sec. 4-101.15. The Department of Central Management
28 Services shall procure for or in behalf of each State highway
29 employee, without cost to him, public liability insurance
30 protecting him against any liability arising out of his
31 employment to the extent of the insurance policy limits not
32 exceeding $100,000 or include each such employee under a
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1 self-insurance plan implemented under Section 25-105 64.1 of
2 the Department of Central Management Services Law (20 ILCS
3 405/25-105) Civil Administrative Code of Illinois.
4 (Source: P.A. 82-789.)
5 Section 5-525. The Illinois and Michigan Canal
6 Development Act is amended by changing Section 9 as follows:
7 (615 ILCS 45/9) (from Ch. 19, par. 37.19)
8 Sec. 9. The Department of Natural Resources, upon proper
9 application made thereto, is authorized, subject to the
10 approval of the Governor, to sell, transfer, or convey Canal
11 lands to any department or agency of the United States
12 Government or transfer jurisdiction and control over such
13 lands, pursuant to the provisions of Section 105-550 49.12 of
14 the Department of Transportation Law (20 ILCS 2705/105-550)
15 "Civil Administrative Code of Illinois" as amended, to any
16 department or agency of the State of Illinois or convey to
17 any political subdivision thereof, or any quasi public board
18 or agency having present or immediate future need for said
19 Canal land for public recreation, parks, historic sites, or
20 other projects of public nature upon such terms as may be
21 mutually agreed upon by the parties in interest if such sale,
22 transfer or conveyance is in accordance with the master plan
23 for the development and management of the Canal. Said
24 transfer, sale, or conveyance shall contain such conditions
25 and stipulations as the Department may deem necessary to
26 preserve the best interest of the State of Illinois.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 Section 5-530. The Illinois Vehicle Code is amended by
29 changing Sections 2-119 and 10-101 as follows:
30 (625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
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1 Sec. 2-119. Disposition of fees and taxes.
2 (a) All moneys received from Salvage Certificates shall
3 be deposited in the Common School Fund in the State Treasury.
4 (b) Beginning January 1, 1990 and concluding December
5 31, 1994, of the money collected for each certificate of
6 title, duplicate certificate of title and corrected
7 certificate of title, $0.50 shall be deposited into the Used
8 Tire Management Fund. Beginning January 1, 1990 and
9 concluding December 31, 1994, of the money collected for each
10 certificate of title, duplicate certificate of title and
11 corrected certificate of title, $1.50 shall be deposited in
12 the Park and Conservation Fund. Beginning January 1, 1995,
13 of the money collected for each certificate of title,
14 duplicate certificate of title and corrected certificate of
15 title, $2 shall be deposited in the Park and Conservation
16 Fund. The moneys deposited in the Park and Conservation Fund
17 pursuant to this Section shall be used for the acquisition
18 and development of bike paths as provided for in Section
19 40-420 63a36 of the Department of Natural Resources
20 (Conservation) Law (20 ILCS 805/40-420) Civil Administrative
21 Code of Illinois. Except as otherwise provided in this Code,
22 all remaining moneys collected for certificates of title, and
23 all moneys collected for filing of security interests, shall
24 be placed in the General Revenue Fund in the State Treasury.
25 (c) All moneys collected for that portion of a driver's
26 license fee designated for driver education under Section
27 6-118 shall be placed in the Driver Education Fund in the
28 State Treasury.
29 (d) Prior to December 28, 1989, of the monies collected
30 as a registration fee for each motorcycle, motor driven cycle
31 and motorized pedalcycle, $4 of each annual registration fee
32 for such vehicle and $2 of each semiannual registration fee
33 for such vehicle is deposited in the Cycle Rider Safety
34 Training Fund. Beginning on December 28, 1989 and until
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1 January 1, 1992, of the monies collected as a registration
2 fee for each motorcycle, motor driven cycle and motorized
3 pedalcycle, $6 of each annual registration fee for such
4 vehicle and $3 of each semiannual registration fee for such
5 vehicle shall be deposited in the Cycle Rider Safety Training
6 Fund.
7 Beginning January 1, 1992 and until January 1, 1994, of
8 the monies collected as a registration fee for each
9 motorcycle, motor driven cycle and motorized pedalcycle, $7
10 of each annual registration fee for such vehicle and $3.50 of
11 each semiannual registration fee for such vehicle is
12 deposited in the Cycle Rider Safety Training Fund.
13 Beginning January 1, 1994, of the monies collected as a
14 registration fee for each motorcycle, motor driven cycle and
15 motorized pedalcycle, $8 of each annual registration fee for
16 such vehicle and $4 of each semiannual registration fee for
17 such vehicle is deposited in the Cycle Rider Safety Training
18 Fund.
19 (e) Of the monies received by the Secretary of State as
20 registration fees or taxes or as payment of any other fee, as
21 provided in this Act, except fees received by the Secretary
22 under paragraph (7) of subsection (b) of Section 5-101 and
23 Section 5-109 of this Code, 37% shall be deposited into the
24 State Construction Fund.
25 (f) Of the total money collected for a CDL instruction
26 permit or original or renewal issuance of a commercial
27 driver's license (CDL) pursuant to the Uniform Commercial
28 Driver's License Act (UCDLA), $6 of the total fee for an
29 original or renewal CDL, and $6 of the total CDL instruction
30 permit fee when such permit is issued to any person holding a
31 valid Illinois driver's license, shall be paid into the
32 CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
33 Information System/American Association of Motor Vehicle
34 Administrators network Trust Fund) and shall be used for the
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1 purposes provided in Section 6z-23 of the State Finance Act.
2 (g) All remaining moneys received by the Secretary of
3 State as registration fees or taxes or as payment of any
4 other fee, as provided in this Act, except fees received by
5 the Secretary under paragraph (7) of subsection (b) of
6 Section 5-101 and Section 5-109 of this Code, shall be
7 deposited in the Road Fund in the State Treasury. Moneys in
8 the Road Fund shall be used for the purposes provided in
9 Section 8.3 of the State Finance Act.
10 (h) (Blank).
11 (i) (Blank).
12 (j) (Blank).
13 (k) There is created in the State Treasury a special
14 fund to be known as the Secretary of State Special License
15 Plate Fund. Money deposited into the Fund shall, subject to
16 appropriation, be used by the Office of the Secretary of
17 State (i) to help defray plate manufacturing and plate
18 processing costs for the issuance and, when applicable,
19 renewal of any new or existing special registration plates
20 authorized under this Code and (ii) for grants made by the
21 Secretary of State to benefit Illinois Veterans Home
22 libraries.
23 On or before October 1, 1995, the Secretary of State
24 shall direct the State Comptroller and State Treasurer to
25 transfer any unexpended balance in the Special Environmental
26 License Plate Fund, the Special Korean War Veteran License
27 Plate Fund, and the Retired Congressional License Plate Fund
28 to the Secretary of State Special License Plate Fund.
29 (l) The Motor Vehicle Review Board Fund is created as a
30 special fund in the State Treasury. Moneys deposited into
31 the Fund under paragraph (7) of subsection (b) of Section
32 5-101 and Section 5-109 shall, subject to appropriation, be
33 used by the Office of the Secretary of State to administer
34 the Motor Vehicle Review Board, including without limitation
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1 payment of compensation and all necessary expenses incurred
2 in administering the Motor Vehicle Review Board under the
3 Motor Vehicle Franchise Act.
4 (m) Effective July 1, 1996, there is created in the
5 State Treasury a special fund to be known as the Family
6 Responsibility Fund. Moneys deposited into the Fund shall,
7 subject to appropriation, be used by the Office of the
8 Secretary of State for the purpose of enforcing the Family
9 Financial Responsibility Law.
10 (n) (k) The Illinois Fire Fighters' Memorial Fund is
11 created as a special fund in the State Treasury. Moneys
12 deposited into the Fund shall, subject to appropriation, be
13 used by the Office of the State Fire Marshal for construction
14 of the Illinois Fire Fighters' Memorial to be located at the
15 State Capitol grounds in Springfield, Illinois. Upon the
16 completion of the Memorial, the Office of the State Fire
17 Marshal shall certify to the State Treasurer that
18 construction of the Memorial has been completed.
19 (Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
20 eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
21 89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
22 8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
23 (625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
24 Sec. 10-101. Insurance. (a) Any public entity or
25 corporation may insure against the liability imposed by law
26 and may insure persons who are legally entitled to recover
27 damages from owners and operators of uninsured motor vehicles
28 and hit-and-run motor vehicles because of bodily injury,
29 sickness or disease including death incurred while using a
30 motor vehicle of such public entity or corporation with any
31 insurance carrier duly authorized to transact business in
32 this State and the premium for such insurance shall be a
33 proper charge against the general fund or any applicable
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1 special fund of such entity or corporation.
2 (b) Every employee of the State, who operates for
3 purposes of State business a vehicle not owned, leased or
4 controlled by the State shall procure insurance in the limit
5 of the amounts of liability not less than the amounts
6 required in Section 7-203 of this Act. The State may provide
7 such insurance for the benefit of, and without cost to, such
8 employees and may include such coverage in a plan of
9 self-insurance under Section 25-105 35.9 of "the Department
10 of Central Management Services Law (20 ILCS 405/25-105) Civil
11 Administrative Code of Illinois". The State may also obtain
12 uninsured or hit-and-run vehicle coverage, as defined in
13 Section 143a of the "Illinois Insurance Code". Any public
14 liability insurance furnished by the State under this
15 Section shall be under the policy or policies contracted for
16 or under a self-insurance plan implemented by the Department
17 of Central Management Services pursuant to Section 25-105
18 64.1 of "the Department of Central Management Services Law
19 (20 ILCS 405/25-105) Civil Administrative Code of Illinois",
20 the costs for procuring such insurance to be charged,
21 collected and received as provided in that Section 25-105
22 64.1.
23 (Source: P.A. 82-789.)
24 Section 5-535. The Criminal Code of 1961 is amended by
25 changing Section 32-2 as follows:
26 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
27 Sec. 32-2. Perjury. (a) A person commits perjury when,
28 under oath or affirmation, in a proceeding or in any other
29 matter where by law such oath or affirmation is required, he
30 makes a false statement, material to the issue or point in
31 question, which he does not believe to be true.
32 (b) Proof of Falsity.
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1 An indictment or information for perjury alleging that
2 the offender, under oath, has made contradictory statements,
3 material to the issue or point in question, in the same or in
4 different proceedings, where such oath or affirmation is
5 required, need not specify which statement is false. At the
6 trial, the prosecution need not establish which statement is
7 false.
8 (c) Admission of Falsity.
9 Where the contradictory statements are made in the same
10 continuous trial, an admission by the offender in that same
11 continuous trial of the falsity of a contradictory statement
12 shall bar prosecution therefor under any provisions of this
13 Code.
14 (d) A person shall be exempt from prosecution under
15 subsection (a) of this Section if he is a peace officer who
16 uses a false or fictitious name in the enforcement of the
17 criminal laws, and such use is approved in writing as
18 provided in Section 10-1 of "The Liquor Control Act of 1934",
19 as amended, Section 5 of "An Act in relation to the use of an
20 assumed name in the conduct or transaction of business in
21 this State", approved July 17, 1941, as amended, or Section
22 100-200 55a of the Department of State Police Law (20 ILCS
23 2605/100-200) Civil Administrative Code of Illinois, as
24 amended. However, this exemption shall not apply to testimony
25 in judicial proceedings where the identity of the peace
26 officer is material to the issue, and he is ordered by the
27 court to disclose his identity.
28 (e) Sentence.
29 Perjury is a Class 3 felony.
30 (Source: P.A. 84-1308.)
31 Section 5-540. The Illinois Controlled Substances Act is
32 amended by changing Section 305 as follows:
-661- LRB9000008DJcc
1 (720 ILCS 570/305) (from Ch. 56 1/2, par. 1305)
2 Sec. 305. (a) Before denying, refusing renewal of,
3 suspending or revoking a registration, the Department of
4 Professional Regulation shall serve upon the applicant or
5 registrant, by registered mail at the address in the
6 application or registration or by any other means authorized
7 under the Civil Practice Law or Rules of the Illinois Supreme
8 Court for the service of summons or subpoenas, a notice of
9 hearing to determine why registration should not be denied,
10 refused renewal, suspended or revoked. The notice shall
11 contain a statement of the basis therefor and shall call upon
12 the applicant or registrant to appear before the Department
13 of Professional Regulation at a reasonable time and place.
14 These proceedings shall be conducted in accordance with
15 Sections 80-5, 80-15, 80-100, 80-105, 80-110, 80-115, 80-120,
16 80-125, 80-175, and 80-325 60, 60a, 60b, 60c, 60d, 60e, 60f,
17 60g, and 60h of the Department of Professional Regulation Law
18 (20 ILCS 2105/80-5, 2105/80-15, 2105/80-100, 2105/80-105,
19 2105/80-110, 2105/80-115, 2105/80-120, 2105/80-125,
20 2105/80-175, and 2105/80-325) Civil Administrative Code of
21 Illinois, without regard to any criminal prosecution or other
22 proceeding. Except as authorized in subsection (c),
23 proceedings to refuse renewal or suspend or revoke
24 registration shall not abate the existing registration, which
25 shall remain in effect until the Department of Professional
26 Regulation has held the hearing called for in the notice and
27 found, with input from the appropriate licensure or
28 disciplinary board, that the registration shall no longer
29 remain in effect.
30 (b) The Director may appoint an attorney duly licensed
31 to practice law in the State of Illinois to serve as the
32 hearing officer in any action to deny, refuse to renew,
33 suspend, or revoke, or take any other disciplinary action
34 with regard to a registration. The hearing officer shall
-662- LRB9000008DJcc
1 have full authority to conduct the hearing. The hearing
2 officer shall report his or her findings and recommendations
3 to the appropriate licensure or disciplinary board within 30
4 days after receiving the record. The Disciplinary Board
5 shall have 60 days from receipt of the report to review the
6 report of the hearing officer and present its findings of
7 fact, conclusions of law, and recommendations to the
8 Director.
9 (c) If the Department of Professional Regulation finds
10 that there is an imminent danger to the public health or
11 safety by the continued manufacture, distribution or
12 dispensing of controlled substances by the registrant, the
13 Department of Professional Regulation may, upon the issuance
14 of a written ruling stating the reasons for such finding and
15 without notice or hearing, suspend such registrant. The
16 suspension shall continue in effect for not more than 14 days
17 during which time the registrant shall be given a hearing on
18 the issues involved in the suspension. If after the hearing,
19 and after input from the appropriate licensure or
20 disciplinary board, the Department of Professional Regulation
21 finds that the public health or safety requires the
22 suspension to remain in effect it shall so remain until the
23 ruling is terminated by its own terms or subsequent ruling or
24 is dissolved by a circuit court upon determination that the
25 suspension was wholly without basis in fact and law.
26 (d) If, after a hearing as provided in subsection (a),
27 the Department of Professional Regulation finds that a
28 registration should be refused renewal, suspended or revoked,
29 a written ruling to that effect shall be entered. The
30 Department of Professional Regulation's ruling shall remain
31 in effect until the ruling is terminated by its own terms or
32 subsequent ruling or is dissolved by a circuit court upon a
33 determination that the refusal to renew suspension or
34 revocation was wholly without basis in fact and law.
-663- LRB9000008DJcc
1 (Source: P.A. 88-142.)
2 Section 5-545. The Unified Code of Corrections is amended
3 by changing eections 3-2-2, 3-5-3, and 3-11-1 as follows:
4 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
5 (Text of Section before amendment by P.A. 89-507)
6 Sec. 3-2-2. Powers and Duties of the Department.
7 (1) In addition to the powers, duties and
8 responsibilities which are otherwise provided by law, the
9 Department shall have the following powers:
10 (a) To accept persons committed to it by the courts of
11 this State for care, custody, treatment and rehabilitation.
12 (b) To develop and maintain reception and evaluation
13 units for purposes of analyzing the custody and
14 rehabilitation needs of persons committed to it and to assign
15 such persons to institutions and programs under its control
16 or transfer them to other appropriate agencies. In
17 consultation with the Department of Alcoholism and Substance
18 Abuse, the Department of Corrections shall develop a master
19 plan for the screening and evaluation of persons committed to
20 its custody who have alcohol or drug abuse problems, and for
21 making appropriate treatment available to such persons; the
22 Department shall report to the General Assembly on such plan
23 not later than April 1, 1987. The maintenance and
24 implementation of such plan shall be contingent upon the
25 availability of funds.
26 (b-5) To develop, in consultation with the Department of
27 State Police, a program for tracking and evaluating each
28 inmate from commitment through release for recording his or
29 her gang affiliations, activities, or ranks.
30 (c) To maintain and administer all State correctional
31 institutions and facilities under its control and to
32 establish new ones as needed. Pursuant to its power to
-664- LRB9000008DJcc
1 establish new institutions and facilities, the Department
2 may, with the written approval of the Governor, authorize the
3 Department of Central Management Services to enter into an
4 agreement of the type described in subsection (d) of Section
5 25-300 67.02 of the Department of Central Management Services
6 Law (20 ILCS 405/25-300) Civil Administrative Code of
7 Illinois. The Department shall designate those institutions
8 which shall constitute the State Penitentiary System.
9 Pursuant to its power to establish new institutions and
10 facilities, the Department may authorize the Department of
11 Central Management Services to accept bids from counties and
12 municipalities for the construction, remodeling or conversion
13 of a structure to be leased to the Department of Corrections
14 for the purposes of its serving as a correctional institution
15 or facility. Such construction, remodeling or conversion may
16 be financed with revenue bonds issued pursuant to the
17 Industrial Building Revenue Bond Act by the municipality or
18 county. The lease specified in a bid shall be for a term of
19 not less than the time needed to retire any revenue bonds
20 used to finance the project, but not to exceed 40 years. The
21 lease may grant to the State the option to purchase the
22 structure outright.
23 Upon receipt of the bids, the Department may certify one
24 or more of the bids and shall submit any such bids to the
25 General Assembly for approval. Upon approval of a bid by a
26 constitutional majority of both houses of the General
27 Assembly, pursuant to joint resolution, the Department of
28 Central Management Services may enter into an agreement with
29 the county or municipality pursuant to such bid.
30 (c-5) To build and maintain regional juvenile detention
31 centers and to charge a per diem to the counties as
32 established by the Department to defray the costs of housing
33 each minor in a center. In this subsection (c-5), "juvenile
34 detention center" means a facility to house minors during
-665- LRB9000008DJcc
1 pendency of trial who have been transferred from proceedings
2 under the Juvenile Court Act of 1987 to prosecutions under
3 the criminal laws of this State in accordance with Section
4 5-4 of the Juvenile Court Act of 1987, whether the transfer
5 was by operation of law or permissive under that Section.
6 The Department shall designate the counties to be served by
7 each regional juvenile detention center.
8 (d) To develop and maintain programs of control,
9 rehabilitation and employment of committed persons within its
10 institutions.
11 (e) To establish a system of supervision and guidance of
12 committed persons in the community.
13 (f) To establish in cooperation with the Department of
14 Transportation to supply a sufficient number of prisoners for
15 use by the Department of Transportation to clean up the trash
16 and garbage along State, county, township, or municipal
17 highways as designated by the Department of Transportation.
18 The Department of Corrections, at the request of the
19 Department of Transportation, shall furnish such prisoners at
20 least annually for a period to be agreed upon between the
21 Director of Corrections and the Director of Transportation.
22 The prisoners used on this program shall be selected by the
23 Director of Corrections on whatever basis he deems proper in
24 consideration of their term, behavior and earned eligibility
25 to participate in such program - where they will be outside
26 of the prison facility but still in the custody of the
27 Department of Corrections. Prisoners convicted of first
28 degree murder, or a Class X felony, or armed violence, or
29 aggravated kidnapping, or criminal sexual assault,
30 aggravated criminal sexual abuse or a subsequent conviction
31 for criminal sexual abuse, or forcible detention, or arson,
32 or a prisoner adjudged a Habitual Criminal shall not be
33 eligible for selection to participate in such program. The
34 prisoners shall remain as prisoners in the custody of the
-666- LRB9000008DJcc
1 Department of Corrections and such Department shall furnish
2 whatever security is necessary. The Department of
3 Transportation shall furnish trucks and equipment for the
4 highway cleanup program and personnel to supervise and direct
5 the program. Neither the Department of Corrections nor the
6 Department of Transportation shall replace any regular
7 employee with a prisoner.
8 (g) To maintain records of persons committed to it and
9 to establish programs of research, statistics and planning.
10 (h) To investigate the grievances of any person
11 committed to the Department, to inquire into any alleged
12 misconduct by employees or committed persons, and to
13 investigate the assets of committed persons to implement
14 Section 3-7-6 of this Code; and for these purposes it may
15 issue subpoenas and compel the attendance of witnesses and
16 the production of writings and papers, and may examine under
17 oath any witnesses who may appear before it; to also
18 investigate alleged violations of a parolee's or releasee's
19 conditions of parole or release; and for this purpose it may
20 issue subpoenas and compel the attendance of witnesses and
21 the production of documents only if there is reason to
22 believe that such procedures would provide evidence that such
23 violations have occurred.
24 If any person fails to obey a subpoena issued under this
25 subsection, the Director may apply to any circuit court to
26 secure compliance with the subpoena. The failure to comply
27 with the order of the court issued in response thereto shall
28 be punishable as contempt of court.
29 (i) To appoint and remove the chief administrative
30 officers, and administer programs of training and development
31 of personnel of the Department. Personnel assigned by the
32 Department to be responsible for the custody and control of
33 committed persons or to investigate the alleged misconduct of
34 committed persons or employees or alleged violations of a
-667- LRB9000008DJcc
1 parolee's or releasee's conditions of parole shall be
2 conservators of the peace for those purposes, and shall have
3 the full power of peace officers outside of the facilities of
4 the Department in the protection, arrest, retaking and
5 reconfining of committed persons or where the exercise of
6 such power is necessary to the investigation of such
7 misconduct or violations.
8 (j) To cooperate with other departments and agencies and
9 with local communities for the development of standards and
10 programs for better correctional services in this State.
11 (k) To administer all moneys and properties of the
12 Department.
13 (l) To report annually to the Governor on the committed
14 persons, institutions and programs of the Department.
15 (l-5) In a confidential annual report to the Governor,
16 the Department shall identify all inmate gangs by specifying
17 each current gang's name, population and allied gangs. The
18 Department shall further specify the number of top leaders
19 identified by the Department for each gang during the past
20 year, and the measures taken by the Department to segregate
21 each leader from his or her gang and allied gangs. The
22 Department shall further report the current status of leaders
23 identified and segregated in previous years. All leaders
24 described in the report shall be identified by inmate number
25 or other designation to enable tracking, auditing, and
26 verification without revealing the names of the leaders.
27 Because this report contains law enforcement intelligence
28 information collected by the Department, the report is
29 confidential and not subject to public disclosure.
30 (m) To make all rules and regulations and exercise all
31 powers and duties vested by law in the Department.
32 (n) To establish rules and regulations for administering
33 a system of good conduct credits, established in accordance
34 with Section 3-6-3, subject to review by the Prisoner Review
-668- LRB9000008DJcc
1 Board.
2 (o) To administer the distribution of funds from the
3 State Treasury to reimburse counties where State penal
4 institutions are located for the payment of assistant state's
5 attorneys' salaries under Section 4-2001 of the Counties
6 Code.
7 (p) To exchange information with the Illinois Department
8 of Public Aid for the purpose of verifying living
9 arrangements and for other purposes directly connected with
10 the administration of this Code and the Illinois Public Aid
11 Code.
12 (q) To establish a diversion program.
13 The program shall provide a structured environment for
14 selected technical parole or mandatory supervised release
15 violators and committed persons who have violated the rules
16 governing their conduct while in work release. This program
17 shall not apply to those persons who have committed a new
18 offense while serving on parole or mandatory supervised
19 release or while committed to work release.
20 Elements of the program shall include, but shall not be
21 limited to, the following:
22 (1) The staff of a diversion facility shall provide
23 supervision in accordance with required objectives set by
24 the facility.
25 (2) Participants shall be required to maintain
26 employment.
27 (3) Each participant shall pay for room and board
28 at the facility on a sliding-scale basis according to the
29 participant's income.
30 (4) Each participant shall:
31 (A) provide restitution to victims in
32 accordance with any court order;
33 (B) provide financial support to his
34 dependents; and
-669- LRB9000008DJcc
1 (C) make appropriate payments toward any other
2 court-ordered obligations.
3 (5) Each participant shall complete community
4 service in addition to employment.
5 (6) Participants shall take part in such
6 counseling, educational and other programs as the
7 Department may deem appropriate.
8 (7) Participants shall submit to drug and alcohol
9 screening.
10 (8) The Department shall promulgate rules governing
11 the administration of the program.
12 (r) To enter into intergovernmental cooperation
13 agreements under which persons in the custody of the
14 Department may participate in a county impact incarceration
15 program established under Section 3-6038 or 3-15003.5 of the
16 Counties Code.
17 (r-5) To enter into intergovernmental cooperation
18 agreements under which minors adjudicated delinquent and
19 committed to the Department of Corrections, Juvenile
20 Division, may participate in a county juvenile impact
21 incarceration program established under Section 3-6039 of the
22 Counties Code.
23 (r-10) To systematically and routinely identify with
24 respect to each streetgang active within the correctional
25 system: (1) each active gang; (2) every existing inter-gang
26 affiliation or alliance; and (3) the current leaders in each
27 gang. The Department shall promptly segregate leaders from
28 inmates who belong to their gangs and allied gangs.
29 "Segregate" means no physical contact and, to the extent
30 possible under the conditions and space available at the
31 correctional facility, prohibition of visual and sound
32 communication. For the purposes of this paragraph (r-10),
33 "leaders" means persons who:
34 (i) are members of a criminal streetgang;
-670- LRB9000008DJcc
1 (ii) with respect to other individuals within the
2 streetgang, occupy a position of organizer, supervisor,
3 or other position of management or leadership; and
4 (iii) are actively and personally engaged in
5 directing, ordering, authorizing, or requesting
6 commission of criminal acts by others, which are
7 punishable as a felony, in furtherance of streetgang
8 related activity both within and outside of the
9 Department of Corrections.
10 "Streetgang", "gang", and "streetgang related" have the
11 meanings ascribed to them in Section 10 of the Illinois
12 Streetgang Terrorism Omnibus Prevention Act.
13 (s) To operate a super-maximum security institution, in
14 order to manage and supervise inmates who are disruptive or
15 dangerous and provide for the safety and security of the
16 staff and the other inmates.
17 (t) To monitor any unprivileged conversation or any
18 unprivileged communication, whether in person or by mail,
19 telephone, or other means, between an inmate who, before
20 commitment to the Department, was a member of an organized
21 gang and any other person without the need to show cause or
22 satisfy any other requirement of law before beginning the
23 monitoring, except as constitutionally required. The
24 monitoring may be by video, voice, or other method of
25 recording or by any other means. As used in this subdivision
26 (1)(t), "organized gang" has the meaning ascribed to it in
27 Section 10 of the Illinois Streetgang Terrorism Omnibus
28 Prevention Act.
29 As used in this subdivision (1)(t), "unprivileged
30 conversation" or "unprivileged communication" means a
31 conversation or communication that is not protected by any
32 privilege recognized by law or by decision, rule, or order of
33 the Illinois Supreme Court.
34 (u) To do all other acts necessary to carry out the
-671- LRB9000008DJcc
1 provisions of this Chapter.
2 (2) The Department of Corrections shall by January 1,
3 1998, consider building and operating a correctional facility
4 within 100 miles of a county of over 2,000,000 inhabitants,
5 especially a facility designed to house juvenile participants
6 in the impact incarceration program.
7 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
8 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
9 89-390, eff. 8-20-95; 89-626, eff. 8-9-96; 89-688, eff.
10 6-1-97; 89-689, eff. 12-31-96.)
11 (Text of Section after amendment by P.A. 89-507)
12 Sec. 3-2-2. Powers and Duties of the Department.
13 (1) In addition to the powers, duties and
14 responsibilities which are otherwise provided by law, the
15 Department shall have the following powers:
16 (a) To accept persons committed to it by the courts of
17 this State for care, custody, treatment and rehabilitation.
18 (b) To develop and maintain reception and evaluation
19 units for purposes of analyzing the custody and
20 rehabilitation needs of persons committed to it and to assign
21 such persons to institutions and programs under its control
22 or transfer them to other appropriate agencies. In
23 consultation with the Department of Alcoholism and Substance
24 Abuse (now the Department of Human Services), the Department
25 of Corrections shall develop a master plan for the screening
26 and evaluation of persons committed to its custody who have
27 alcohol or drug abuse problems, and for making appropriate
28 treatment available to such persons; the Department shall
29 report to the General Assembly on such plan not later than
30 April 1, 1987. The maintenance and implementation of such
31 plan shall be contingent upon the availability of funds.
32 (b-5) To develop, in consultation with the Department of
33 State Police, a program for tracking and evaluating each
34 inmate from commitment through release for recording his or
-672- LRB9000008DJcc
1 her gang affiliations, activities, or ranks.
2 (c) To maintain and administer all State correctional
3 institutions and facilities under its control and to
4 establish new ones as needed. Pursuant to its power to
5 establish new institutions and facilities, the Department
6 may, with the written approval of the Governor, authorize the
7 Department of Central Management Services to enter into an
8 agreement of the type described in subsection (d) of Section
9 25-300 67.02 of the Department of Central Management Services
10 Law (20 ILCS 405/25-300) Civil Administrative Code of
11 Illinois. The Department shall designate those institutions
12 which shall constitute the State Penitentiary System.
13 Pursuant to its power to establish new institutions and
14 facilities, the Department may authorize the Department of
15 Central Management Services to accept bids from counties and
16 municipalities for the construction, remodeling or conversion
17 of a structure to be leased to the Department of Corrections
18 for the purposes of its serving as a correctional institution
19 or facility. Such construction, remodeling or conversion may
20 be financed with revenue bonds issued pursuant to the
21 Industrial Building Revenue Bond Act by the municipality or
22 county. The lease specified in a bid shall be for a term of
23 not less than the time needed to retire any revenue bonds
24 used to finance the project, but not to exceed 40 years. The
25 lease may grant to the State the option to purchase the
26 structure outright.
27 Upon receipt of the bids, the Department may certify one
28 or more of the bids and shall submit any such bids to the
29 General Assembly for approval. Upon approval of a bid by a
30 constitutional majority of both houses of the General
31 Assembly, pursuant to joint resolution, the Department of
32 Central Management Services may enter into an agreement with
33 the county or municipality pursuant to such bid.
34 (c-5) To build and maintain regional juvenile detention
-673- LRB9000008DJcc
1 centers and to charge a per diem to the counties as
2 established by the Department to defray the costs of housing
3 each minor in a center. In this subsection (c-5), "juvenile
4 detention center" means a facility to house minors during
5 pendency of trial who have been transferred from proceedings
6 under the Juvenile Court Act of 1987 to prosecutions under
7 the criminal laws of this State in accordance with Section
8 5-4 of the Juvenile Court Act of 1987, whether the transfer
9 was by operation of law or permissive under that Section.
10 The Department shall designate the counties to be served by
11 each regional juvenile detention center.
12 (d) To develop and maintain programs of control,
13 rehabilitation and employment of committed persons within its
14 institutions.
15 (e) To establish a system of supervision and guidance of
16 committed persons in the community.
17 (f) To establish in cooperation with the Department of
18 Transportation to supply a sufficient number of prisoners for
19 use by the Department of Transportation to clean up the trash
20 and garbage along State, county, township, or municipal
21 highways as designated by the Department of Transportation.
22 The Department of Corrections, at the request of the
23 Department of Transportation, shall furnish such prisoners at
24 least annually for a period to be agreed upon between the
25 Director of Corrections and the Director of Transportation.
26 The prisoners used on this program shall be selected by the
27 Director of Corrections on whatever basis he deems proper in
28 consideration of their term, behavior and earned eligibility
29 to participate in such program - where they will be outside
30 of the prison facility but still in the custody of the
31 Department of Corrections. Prisoners convicted of first
32 degree murder, or a Class X felony, or armed violence, or
33 aggravated kidnapping, or criminal sexual assault,
34 aggravated criminal sexual abuse or a subsequent conviction
-674- LRB9000008DJcc
1 for criminal sexual abuse, or forcible detention, or arson,
2 or a prisoner adjudged a Habitual Criminal shall not be
3 eligible for selection to participate in such program. The
4 prisoners shall remain as prisoners in the custody of the
5 Department of Corrections and such Department shall furnish
6 whatever security is necessary. The Department of
7 Transportation shall furnish trucks and equipment for the
8 highway cleanup program and personnel to supervise and direct
9 the program. Neither the Department of Corrections nor the
10 Department of Transportation shall replace any regular
11 employee with a prisoner.
12 (g) To maintain records of persons committed to it and
13 to establish programs of research, statistics and planning.
14 (h) To investigate the grievances of any person
15 committed to the Department, to inquire into any alleged
16 misconduct by employees or committed persons, and to
17 investigate the assets of committed persons to implement
18 Section 3-7-6 of this Code; and for these purposes it may
19 issue subpoenas and compel the attendance of witnesses and
20 the production of writings and papers, and may examine under
21 oath any witnesses who may appear before it; to also
22 investigate alleged violations of a parolee's or releasee's
23 conditions of parole or release; and for this purpose it may
24 issue subpoenas and compel the attendance of witnesses and
25 the production of documents only if there is reason to
26 believe that such procedures would provide evidence that such
27 violations have occurred.
28 If any person fails to obey a subpoena issued under this
29 subsection, the Director may apply to any circuit court to
30 secure compliance with the subpoena. The failure to comply
31 with the order of the court issued in response thereto shall
32 be punishable as contempt of court.
33 (i) To appoint and remove the chief administrative
34 officers, and administer programs of training and development
-675- LRB9000008DJcc
1 of personnel of the Department. Personnel assigned by the
2 Department to be responsible for the custody and control of
3 committed persons or to investigate the alleged misconduct of
4 committed persons or employees or alleged violations of a
5 parolee's or releasee's conditions of parole shall be
6 conservators of the peace for those purposes, and shall have
7 the full power of peace officers outside of the facilities of
8 the Department in the protection, arrest, retaking and
9 reconfining of committed persons or where the exercise of
10 such power is necessary to the investigation of such
11 misconduct or violations.
12 (j) To cooperate with other departments and agencies and
13 with local communities for the development of standards and
14 programs for better correctional services in this State.
15 (k) To administer all moneys and properties of the
16 Department.
17 (l) To report annually to the Governor on the committed
18 persons, institutions and programs of the Department.
19 (l-5) In a confidential annual report to the Governor,
20 the Department shall identify all inmate gangs by specifying
21 each current gang's name, population and allied gangs. The
22 Department shall further specify the number of top leaders
23 identified by the Department for each gang during the past
24 year, and the measures taken by the Department to segregate
25 each leader from his or her gang and allied gangs. The
26 Department shall further report the current status of leaders
27 identified and segregated in previous years. All leaders
28 described in the report shall be identified by inmate number
29 or other designation to enable tracking, auditing, and
30 verification without revealing the names of the leaders.
31 Because this report contains law enforcement intelligence
32 information collected by the Department, the report is
33 confidential and not subject to public disclosure.
34 (m) To make all rules and regulations and exercise all
-676- LRB9000008DJcc
1 powers and duties vested by law in the Department.
2 (n) To establish rules and regulations for administering
3 a system of good conduct credits, established in accordance
4 with Section 3-6-3, subject to review by the Prisoner Review
5 Board.
6 (o) To administer the distribution of funds from the
7 State Treasury to reimburse counties where State penal
8 institutions are located for the payment of assistant state's
9 attorneys' salaries under Section 4-2001 of the Counties
10 Code.
11 (p) To exchange information with the Department of Human
12 Services and the Illinois Department of Public Aid for the
13 purpose of verifying living arrangements and for other
14 purposes directly connected with the administration of this
15 Code and the Illinois Public Aid Code.
16 (q) To establish a diversion program.
17 The program shall provide a structured environment for
18 selected technical parole or mandatory supervised release
19 violators and committed persons who have violated the rules
20 governing their conduct while in work release. This program
21 shall not apply to those persons who have committed a new
22 offense while serving on parole or mandatory supervised
23 release or while committed to work release.
24 Elements of the program shall include, but shall not be
25 limited to, the following:
26 (1) The staff of a diversion facility shall provide
27 supervision in accordance with required objectives set by
28 the facility.
29 (2) Participants shall be required to maintain
30 employment.
31 (3) Each participant shall pay for room and board
32 at the facility on a sliding-scale basis according to the
33 participant's income.
34 (4) Each participant shall:
-677- LRB9000008DJcc
1 (A) provide restitution to victims in
2 accordance with any court order;
3 (B) provide financial support to his
4 dependents; and
5 (C) make appropriate payments toward any other
6 court-ordered obligations.
7 (5) Each participant shall complete community
8 service in addition to employment.
9 (6) Participants shall take part in such
10 counseling, educational and other programs as the
11 Department may deem appropriate.
12 (7) Participants shall submit to drug and alcohol
13 screening.
14 (8) The Department shall promulgate rules governing
15 the administration of the program.
16 (r) To enter into intergovernmental cooperation
17 agreements under which persons in the custody of the
18 Department may participate in a county impact incarceration
19 program established under Section 3-6038 or 3-15003.5 of the
20 Counties Code.
21 (r-5) To enter into intergovernmental cooperation
22 agreements under which minors adjudicated delinquent and
23 committed to the Department of Corrections, Juvenile
24 Division, may participate in a county juvenile impact
25 incarceration program established under Section 3-6039 of the
26 Counties Code.
27 (r-10) To systematically and routinely identify with
28 respect to each streetgang active within the correctional
29 system: (1) each active gang; (2) every existing inter-gang
30 affiliation or alliance; and (3) the current leaders in each
31 gang. The Department shall promptly segregate leaders from
32 inmates who belong to their gangs and allied gangs.
33 "Segregate" means no physical contact and, to the extent
34 possible under the conditions and space available at the
-678- LRB9000008DJcc
1 correctional facility, prohibition of visual and sound
2 communication. For the purposes of this paragraph (r-10),
3 "leaders" means persons who:
4 (i) are members of a criminal streetgang;
5 (ii) with respect to other individuals within the
6 streetgang, occupy a position of organizer, supervisor,
7 or other position of management or leadership; and
8 (iii) are actively and personally engaged in
9 directing, ordering, authorizing, or requesting
10 commission of criminal acts by others, which are
11 punishable as a felony, in furtherance of streetgang
12 related activity both within and outside of the
13 Department of Corrections.
14 "Streetgang", "gang", and "streetgang related" have the
15 meanings ascribed to them in Section 10 of the Illinois
16 Streetgang Terrorism Omnibus Prevention Act.
17 (s) To operate a super-maximum security institution, in
18 order to manage and supervise inmates who are disruptive or
19 dangerous and provide for the safety and security of the
20 staff and the other inmates.
21 (t) To monitor any unprivileged conversation or any
22 unprivileged communication, whether in person or by mail,
23 telephone, or other means, between an inmate who, before
24 commitment to the Department, was a member of an organized
25 gang and any other person without the need to show cause or
26 satisfy any other requirement of law before beginning the
27 monitoring, except as constitutionally required. The
28 monitoring may be by video, voice, or other method of
29 recording or by any other means. As used in this subdivision
30 (1)(t), "organized gang" has the meaning ascribed to it in
31 Section 10 of the Illinois Streetgang Terrorism Omnibus
32 Prevention Act.
33 As used in this subdivision (1)(t), "unprivileged
34 conversation" or "unprivileged communication" means a
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1 conversation or communication that is not protected by any
2 privilege recognized by law or by decision, rule, or order of
3 the Illinois Supreme Court.
4 (u) To do all other acts necessary to carry out the
5 provisions of this Chapter.
6 (2) The Department of Corrections shall by January 1,
7 1998, consider building and operating a correctional facility
8 within 100 miles of a county of over 2,000,000 inhabitants,
9 especially a facility designed to house juvenile participants
10 in the impact incarceration program.
11 (Source: P.A. 88-311; 88-469; 88-670, eff. 12-2-94; 89-110,
12 eff. 1-1-96; 89-302, eff. 8-11-95; 89-312, eff. 8-11-95;
13 89-390, eff. 8-20-95; 89-507, eff. 7-1-97; 89-626, eff.
14 8-9-96; 89-688, eff. 6-1-97; 89-689, eff. 12-31-96; revised
15 1-7-97.)
16 (730 ILCS 5/3-5-3) (from Ch. 38, par. 1003-5-3)
17 Sec. 3-5-3. Annual and other Reports. (a) The Director
18 shall make an annual report to the Governor under Section
19 5-650 25 of the Departments of State Government Law (20 ILCS
20 5/5-650) Civil Administrative Code of Illinois, concerning
21 the state and condition of all persons committed to the
22 Department, its institutions, facilities and programs, of all
23 moneys expended and received, and on what accounts expended
24 and received. The report may also include an abstract of all
25 reports made to the Department by individual institutions,
26 facilities or programs during the preceding year.
27 (b) The Director shall make an annual report to the
28 Governor and to the State Legislature on any inadequacies in
29 the institutions, facilities or programs of the Department
30 and also such amendments to the laws of the State which in
31 his judgment are necessary in order to best advance the
32 purposes of this Code.
33 (c) The Director may require such reports from division
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1 administrators, chief administrative officers and other
2 personnel as he deems necessary for the administration of the
3 Department.
4 (d) The Department of Corrections shall, by January 1,
5 1990, January 1, 1991, and every 2 years thereafter, transmit
6 to the Governor and the General Assembly a 5 year long range
7 planning document for adult female offenders under the
8 Department's supervision. The document shall detail how the
9 Department plans to meet the housing, educational/training,
10 Correctional Industries and programming needs of the
11 escalating adult female offender population.
12 (Source: P.A. 86-1001.)
13 (730 ILCS 5/3-11-1) (from Ch. 38, par. 1003-11-1)
14 Sec. 3-11-1. Furloughs. (a) The Department may extend
15 the limits of the place of confinement of a committed person
16 under prescribed conditions, so that he may leave such place
17 on a furlough. Whether or not such person is to be
18 accompanied on furlough shall be determined by the chief
19 administrative officer. The Department may make an
20 appropriate charge for the necessary expenses of accompanying
21 a person on furlough. Such furloughs may be granted for a
22 period of time not to exceed 14 days, for any of the
23 following purposes:
24 (1) to visit a spouse, child (including a stepchild or
25 adopted child), parent (including a stepparent or foster
26 parent), grandparent (including stepgrandparent) or brother
27 or sister who is seriously ill or to attend the funeral of
28 any such person; or
29 (2) to obtain medical, psychiatric or psychological
30 services when adequate services are not otherwise available;
31 or
32 (3) to make contacts for employment; or
33 (4) to secure a residence upon release on parole or
-681- LRB9000008DJcc
1 discharge; or
2 (5) to visit such person's family; or
3 (6) to appear before various educational panels, study
4 groups, educational units, and other groups whose purpose is
5 obtaining an understanding of the results, causes and
6 prevention of crime and criminality, including appearances on
7 television and radio programs.
8 (b) Furloughs may be granted for any period of time
9 under paragraph 13 of Section 100-525 55a of the Department
10 of State Police Law (20 ILCS 2605/100-525) Civil
11 Administrative Code of Illinois.
12 (c) In any case where the person furloughed is not to be
13 accompanied on furlough, the Department of Corrections shall
14 give prior notice of the intended furlough to the State's
15 Attorney of the county from which the offender was sentenced
16 originally, the State's Attorney of the county where the
17 furlough is to occur, and to the Sheriff of the county where
18 the furlough is to occur. Said prior notice is to be in
19 writing except in situations where the reason for the
20 furlough is of such an emergency nature that previous written
21 notice would not be possible. In such cases, oral notice of
22 the furlough shall occur.
23 (Source: P.A. 86-820.)
24 Section 5-550. The Illinois Human Rights Act is amended
25 by changing Section 7-105 as follows:
26 (775 ILCS 5/7-105) (from Ch. 68, par. 7-105)
27 Sec. 7-105. Equal Employment Opportunities; Affirmative
28 Action. In order to establish and effectuate the policies of
29 equal employment opportunity and affirmative action, the
30 Department shall, with respect to state executive
31 departments, boards, commissions and instrumentalities and
32 any party to a public contract:
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1 (A) Policies; Rules; Regulations. Establish equal
2 employment opportunity and affirmative action policies, rules
3 and regulations which specify plans, programs and reporting
4 procedures. Such rules may provide for exemptions or
5 modifications as may be necessary to assure the continuity of
6 federal requirements in State agencies supported in whole or
7 in part by federal funds.
8 (B) Minimum Compliance Criteria. Establish minimum
9 compliance criteria and procedures for evaluating equal
10 employment opportunity and affirmative action programs and
11 plans.
12 (C) Technical Assistance. Provide technical assistance,
13 training, and advice for the establishment and implementation
14 of required programs.
15 (D) Meetings. Hold meetings at least annually with the
16 head of each State agency and when necessary with any party
17 to a public contract to:
18 (1) Review equal employment opportunity plans and
19 progress, performance and problems in meeting equal
20 opportunity goals.
21 (2) Recommend appropriate changes to the plans and
22 procedures and the methods employed to implement the
23 plans.
24 (E) Report. Include within its annual report, filed
25 pursuant to Section 5-650 25 of the Departments of State
26 Government Law (20 ILCS 5/5-650) Civil Administrative Code,
27 the progress, performance, and problems of meeting equal
28 opportunity goals, and the identity of any State agency which
29 fails to comply with the requirements of this Act and the
30 circumstances surrounding such violation.
31 (F) Personnel Operations. Periodically review personnel
32 operations of State agencies to assure their conformity with
33 this Act and the agency's plan.
34 (G) Equal Employment Opportunity Officers. Approve the
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1 appointment of equal employment opportunity officers hired
2 pursuant to subparagraph (4) of paragraph (B) of Section
3 2-105.
4 (H) Enforcement. Require State agencies which fail to
5 meet their affirmative action and equal employment
6 opportunity goals by equal employment opportunity category to
7 establish necessary training programs for preparation and
8 promotion of the category of individuals affected by the
9 failure. An agency required to establish training programs
10 under this subsection shall do so in cooperation with the
11 Department of Central Management Services as provided in
12 Section 25-125 67.31 of the Department of Central Management
13 Services Law (20 ILCS 405/25-125) Civil Administrative Code
14 of Illinois.
15 The Department by rule or regulation shall provide for
16 the implementation of this subsection. Such rules or
17 regulations shall prescribe but not be limited to the
18 following:
19 (1) the circumstances and conditions which
20 constitute an agency's failure to meet its affirmative
21 action and equal employment opportunity goals;
22 (2) the time period for measuring success or
23 failure in reaching affirmative action and equal
24 employment opportunity goals; and
25 (3) that training programs shall be limited to
26 State employees.
27 This subsection shall not be construed to conflict with
28 any contract between the State and any party which is
29 approved and ratified by or on September 11, 1990.
30 (Source: P.A. 86-1411; 86-1475.)
31 Section 5-555. The Assumed Business Name Act is amended
32 by changing Section 5 as follows:
-684- LRB9000008DJcc
1 (805 ILCS 405/5) (from Ch. 96, par. 8)
2 Sec. 5. Any person or persons carrying on, conducting or
3 transacting business as aforesaid, who shall fail to comply
4 with the provisions of this Act, shall be guilty of a Class C
5 misdemeanor, and each day any person or persons conducts
6 business in violation of this Act shall be deemed a separate
7 offense.
8 A person shall be exempt from prosecution for a violation
9 of this Act if he is a peace officer who uses a false or
10 fictitious business name in the enforcement of the criminal
11 laws; provided such use is approved in writing by one of the
12 following:
13 (a) In all counties, the respective State's Attorney;
14 (b) The Director of State Police under Section 100-200
15 55a of the Department of State Police Law (20 ILCS
16 2605/100-200) Civil Administrative Code of Illinois; or
17 (c) In cities over 1,000,000, the Superintendent of
18 Police.
19 (Source: P.A. 84-25.)
20 Section 5-560. The Uniform Commercial Code is amended by
21 changing Section 1-104a as follows:
22 (810 ILCS 5/1-104a) (from Ch. 26, par. 1-104a)
23 Sec. 1-104a. Legislative Intent. If any provision of this
24 Act conflicts with Section 15-410 40.23 of the Department of
25 Agriculture Law (20 ILCS 205/15-410) Civil Administrative
26 Code of Illinois, the provisions of that Section 15-410 40.23
27 of the Civil Administrative Code of Illinois control. If any
28 provision of this Act conflicts with the Grain Code, the
29 provisions of the Grain Code control.
30 (Source: P.A. 89-287, eff. 1-1-96.)
31 Section 5-565. The Employee Arbitration Act is amended by
-685- LRB9000008DJcc
1 changing Section 4 as follows:
2 (820 ILCS 35/4) (from Ch. 10, par. 22)
3 Sec. 4. Upon receipt of the application, and after such
4 notice, the Department shall proceed as before provided. The
5 decision, in the discretion of the Director of Labor, may be
6 published in the annual report to be made to the Governor on
7 or before the first day of December of each year, as required
8 by Section 5-650 25 of "the Departments of State Government
9 Law (20 ILCS 5/5-650) Civil Administrative Code of Illinois",
10 approved March 17, 1917, as amended.
11 (Source: Laws 1951, p. 447.)
12 Section 5-570. The Workers' Compensation Act is amended
13 by changing Section 1 as follows:
14 (820 ILCS 305/1) (from Ch. 48, par. 138.1)
15 Sec. 1. This Act may be cited as the Workers'
16 Compensation Act.
17 (a) The term "employer" as used in this Act means:
18 1. The State and each county, city, town, township,
19 incorporated village, school district, body politic, or
20 municipal corporation therein.
21 2. Every person, firm, public or private corporation,
22 including hospitals, public service, eleemosynary, religious
23 or charitable corporations or associations who has any person
24 in service or under any contract for hire, express or
25 implied, oral or written, and who is engaged in any of the
26 enterprises or businesses enumerated in Section 3 of this
27 Act, or who at or prior to the time of the accident to the
28 employee for which compensation under this Act may be
29 claimed, has in the manner provided in this Act elected to
30 become subject to the provisions of this Act, and who has
31 not, prior to such accident, effected a withdrawal of such
-686- LRB9000008DJcc
1 election in the manner provided in this Act.
2 3. Any one engaging in any business or enterprise
3 referred to in subsections 1 and 2 of Section 3 of this Act
4 who undertakes to do any work enumerated therein, is liable
5 to pay compensation to his own immediate employees in
6 accordance with the provisions of this Act, and in addition
7 thereto if he directly or indirectly engages any contractor
8 whether principal or sub-contractor to do any such work, he
9 is liable to pay compensation to the employees of any such
10 contractor or sub-contractor unless such contractor or
11 sub-contractor has insured, in any company or association
12 authorized under the laws of this State to insure the
13 liability to pay compensation under this Act, or guaranteed
14 his liability to pay such compensation. With respect to any
15 time limitation on the filing of claims provided by this Act,
16 the timely filing of a claim against a contractor or
17 subcontractor, as the case may be, shall be deemed to be a
18 timely filing with respect to all persons upon whom liability
19 is imposed by this paragraph.
20 In the event any such person pays compensation under this
21 subsection he may recover the amount thereof from the
22 contractor or sub-contractor, if any, and in the event the
23 contractor pays compensation under this subsection he may
24 recover the amount thereof from the sub-contractor, if any.
25 This subsection does not apply in any case where the
26 accident occurs elsewhere than on, in or about the immediate
27 premises on which the principal has contracted that the work
28 be done.
29 4. Where an employer operating under and subject to the
30 provisions of this Act loans an employee to another such
31 employer and such loaned employee sustains a compensable
32 accidental injury in the employment of such borrowing
33 employer and where such borrowing employer does not provide
34 or pay the benefits or payments due such injured employee,
-687- LRB9000008DJcc
1 such loaning employer is liable to provide or pay all
2 benefits or payments due such employee under this Act and as
3 to such employee the liability of such loaning and borrowing
4 employers is joint and several, provided that such loaning
5 employer is in the absence of agreement to the contrary
6 entitled to receive from such borrowing employer full
7 reimbursement for all sums paid or incurred pursuant to this
8 paragraph together with reasonable attorneys' fees and
9 expenses in any hearings before the Industrial Commission or
10 in any action to secure such reimbursement. Where any
11 benefit is provided or paid by such loaning employer the
12 employee has the duty of rendering reasonable cooperation in
13 any hearings, trials or proceedings in the case, including
14 such proceedings for reimbursement.
15 Where an employee files an Application for Adjustment of
16 Claim with the Industrial Commission alleging that his claim
17 is covered by the provisions of the preceding paragraph, and
18 joining both the alleged loaning and borrowing employers,
19 they and each of them, upon written demand by the employee
20 and within 7 days after receipt of such demand, shall have
21 the duty of filing with the Industrial Commission a written
22 admission or denial of the allegation that the claim is
23 covered by the provisions of the preceding paragraph and in
24 default of such filing or if any such denial be ultimately
25 determined not to have been bona fide then the provisions of
26 Paragraph K of Section 19 of this Act shall apply.
27 An employer whose business or enterprise or a substantial
28 part thereof consists of hiring, procuring or furnishing
29 employees to or for other employers operating under and
30 subject to the provisions of this Act for the performance of
31 the work of such other employers and who pays such employees
32 their salary or wages notwithstanding that they are doing the
33 work of such other employers shall be deemed a loaning
34 employer within the meaning and provisions of this Section.
-688- LRB9000008DJcc
1 (b) The term "employee" as used in this Act means:
2 1. Every person in the service of the State, including
3 members of the General Assembly, members of the Commerce
4 Commission, members of the Industrial Commission, and all
5 persons in the service of the University of Illinois, county,
6 including deputy sheriffs and assistant state's attorneys,
7 city, town, township, incorporated village or school
8 district, body politic, or municipal corporation therein,
9 whether by election, under appointment or contract of hire,
10 express or implied, oral or written, including all members of
11 the Illinois National Guard while on active duty in the
12 service of the State, and all probation personnel of the
13 Juvenile Court appointed pursuant to Article VI of the
14 Juvenile Court Act of 1987, and including any official of the
15 State, any county, city, town, township, incorporated
16 village, school district, body politic or municipal
17 corporation therein except any duly appointed member of a
18 police department in any city whose population exceeds
19 200,000 according to the last Federal or State census, and
20 except any member of a fire insurance patrol maintained by a
21 board of underwriters in this State. A duly appointed member
22 of a fire department in any city, the population of which
23 exceeds 200,000 according to the last federal or State
24 census, is an employee under this Act only with respect to
25 claims brought under paragraph (c) of Section 8.
26 One employed by a contractor who has contracted with the
27 State, or a county, city, town, township, incorporated
28 village, school district, body politic or municipal
29 corporation therein, through its representatives, is not
30 considered as an employee of the State, county, city, town,
31 township, incorporated village, school district, body politic
32 or municipal corporation which made the contract.
33 2. Every person in the service of another under any
34 contract of hire, express or implied, oral or written,
-689- LRB9000008DJcc
1 including persons whose employment is outside of the State of
2 Illinois where the contract of hire is made within the State
3 of Illinois, persons whose employment results in fatal or
4 non-fatal injuries within the State of Illinois where the
5 contract of hire is made outside of the State of Illinois,
6 and persons whose employment is principally localized within
7 the State of Illinois, regardless of the place of the
8 accident or the place where the contract of hire was made,
9 and including aliens, and minors who, for the purpose of this
10 Act are considered the same and have the same power to
11 contract, receive payments and give quittances therefor, as
12 adult employees.
13 3. Every sole proprietor and every partner of a business
14 may elect to be covered by this Act.
15 An employee or his dependents under this Act who shall
16 have a cause of action by reason of any injury, disablement
17 or death arising out of and in the course of his employment
18 may elect to pursue his remedy in the State where injured or
19 disabled, or in the State where the contract of hire is made,
20 or in the State where the employment is principally
21 localized.
22 However, any employer may elect to provide and pay
23 compensation to any employee other than those engaged in the
24 usual course of the trade, business, profession or occupation
25 of the employer by complying with Sections 2 and 4 of this
26 Act. Employees are not included within the provisions of
27 this Act when excluded by the laws of the United States
28 relating to liability of employers to their employees for
29 personal injuries where such laws are held to be exclusive.
30 The term "employee" does not include persons performing
31 services as real estate broker, broker-salesman, or salesman
32 when such persons are paid by commission only.
33 (c) "Commission" means the Industrial Commission created
34 by Section 5 of "the Civil Administrative Code of Illinois",
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1 approved March 7, 1917, as amended, or the Industrial
2 Commission created by Section 13 of this Act or its
3 predecessor.
4 (Source: P.A. 85-1209.)
5 Section 5-575. The Unemployment Insurance Act is amended
6 by changing Sections 243 and 1511 as follows:
7 (820 ILCS 405/243) (from Ch. 48, par. 353)
8 Sec. 243. "Board of Review" means the Board of Review
9 created by Section 5-125 5 of "the Departments of State
10 Government Law (20 ILCS 5/5-125) Civil Administrative Code of
11 Illinois," approved March 7, 1917, as amended.
12 (Source: Laws 1951, p. 32.)
13 (820 ILCS 405/1511) (from Ch. 48, par. 581)
14 Sec. 1511. Study of experience rating. The Board of
15 Unemployment Compensation and Free Employment Office
16 Advisors, created by subsection (a) of Section 5-540 6.28 of
17 "the Departments of State Government Law (20 ILCS 5/5-540)
18 Civil Administrative Code of Illinois," approved March 7,
19 1917, as amended, hereafter designated as the Employment
20 Security Advisory Board, is hereby authorized and directed to
21 study and examine the present provisions of this Act
22 providing for experience rating, in order to determine
23 whether the rates of contribution will operate to replenish
24 the amount of benefits paid and to determine the effect of
25 experience rating upon labor and industry in this State.
26 The Board shall submit its findings and recommendations
27 based thereon to the General Assembly. The Board may employ
28 such experts and assistants as may be necessary to carry out
29 the provisions of this Section. All expenses incurred in the
30 making of this study, including the preparation and
31 submission of its findings and recommendations, shall be paid
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1 in the same manner as is provided for the payment of costs of
2 administration of this Act.
3 (Source: P.A. 83-1503.)
4 ARTICLE 10. REPEALS
5 (20 ILCS 605/46.20 rep.)
6 Section 10-5. The Civil Administrative Code of Illinois
7 is amended by repealing Section 46.20.
8 ARTICLE 95-5. NO ACCELERATION OR DELAY
9 Section 95. No acceleration or delay. Where this Act
10 makes changes in a statute that is represented in this Act by
11 text that is not yet or no longer in effect (for example, a
12 Section represented by multiple versions), the use of that
13 text does not accelerate or delay the taking effect of (i)
14 the changes made by this Act or (ii) provisions derived from
15 any other Public Act.
16 ARTICLE 99. EFFECTIVE DATE
17 Section 99-5. Effective date. This Act takes effect
18 January 1, 1998.
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1 INDEX
2 Statutes amended in order of appearance
3 SEE INDEX
4 20 ILCS 5/Art. 1 heading new
5 20 ILCS 5/1-1 new
6 was 20 ILCS 5/1 from Ch. 127, par. 1
7 20 ILCS 5/1-5 new
8 20 ILCS 5/Art. 5 heading new
9 20 ILCS 5/5-1 new
10 20 ILCS 5/5-5 new
11 was 20 ILCS 5/2 from Ch. 127, par. 2
12 20 ILCS 5/5-10 new
13 was 20 ILCS 5/2.1
14 20 ILCS 5/5-15 new
15 was 20 ILCS 5/3 from Ch. 127, par. 3
16 20 ILCS 5/5-20 new
17 was 20 ILCS 5/4 from Ch. 127, par. 4
18 20 ILCS 5/5-95 new
19 was 20 ILCS 5/34 from Ch. 127, par. 34
20 20 ILCS 5/5-100 new
21 was 20 ILCS 5/5 from Ch. 127, par. 5
22 20 ILCS 5/5-105 new
23 was 20 ILCS 5/5.14 from Ch. 127, par. 5.14
24 20 ILCS 5/5-110 new
25 was 20 ILCS 5/5.02 from Ch. 127, par. 5.02
26 20 ILCS 5/5-115 new
27 was 20 ILCS 5/5.13e from Ch. 127, par. 5.13e
28 20 ILCS 5/5-120 new
29 was 20 ILCS 5/5.13g from Ch. 127, par. 5.13g
30 20 ILCS 5/5-125 new
31 was 20 ILCS 5/5.13i from Ch. 127, par. 5.13i
32 20 ILCS 5/5-130 new
33 was 20 ILCS 5/5.13b from Ch. 127, par. 5.13b
34 20 ILCS 5/5-135 new
-693- LRB9000008DJcc
1 was 20 ILCS 5/5.13j
2 20 ILCS 5/5-140 new
3 was 20 ILCS 5/5.10 from Ch. 127, par. 5.10
4 20 ILCS 5/5-145 new
5 was 20 ILCS 5/5.03 from Ch. 127, par. 5.03
6 20 ILCS 5/5-150 new
7 was 20 ILCS 5/5.09 from Ch. 127, par. 5.09
8 20 ILCS 5/5-155 new
9 was 20 ILCS 5/5.04 from Ch. 127, par. 5.04
10 20 ILCS 5/5-160 new
11 was 20 ILCS 5/5.13h from Ch. 127, par. 5.13h
12 20 ILCS 5/5-165 new
13 was 20 ILCS 5/5.13c from Ch. 127, par. 5.13c
14 20 ILCS 5/5-170 new
15 was 20 ILCS 5/5.07 from Ch. 127, par. 5.07
16 20 ILCS 5/5-175 new
17 was 20 ILCS 5/5.12 from Ch. 127, par. 5.12
18 20 ILCS 5/5-180 new
19 was 20 ILCS 5/5.11 from Ch. 127, par. 5.11
20 20 ILCS 5/5-185 new
21 was 20 ILCS 5/5.05 from Ch. 127, par. 5.05
22 20 ILCS 5/5-190 new
23 was 20 ILCS 5/5.01a from Ch. 127, par. 5.01a
24 20 ILCS 5/5-200 new
25 was 20 ILCS 5/7.11 from Ch. 127, par. 7.11
26 20 ILCS 5/5-210 new
27 was 20 ILCS 5/7.08 from Ch. 127, par. 7.08
28 20 ILCS 5/5-215 new
29 was 20 ILCS 5/7.06 from Ch. 127, par. 7.06
30 20 ILCS 5/5-220 new
31 was 20 ILCS 5/7.07b
32 20 ILCS 5/5-225 new
33 was 20 ILCS 5/7.04 from Ch. 127, par. 7.04
34 20 ILCS 5/5-230 new
-694- LRB9000008DJcc
1 was 20 ILCS 5/7.09 from Ch. 127, par. 7.09
2 20 ILCS 5/5-235 new
3 was 20 ILCS 5/7.03 from Ch. 127, par. 7.03
4 20 ILCS 5/5-300 new
5 was 20 ILCS 5/9 from Ch. 127, par. 9
6 20 ILCS 5/5-305 new
7 was 20 ILCS 5/9.01 from Ch. 127, par. 9.01
8 20 ILCS 5/5-310 new
9 was 20 ILCS 5/9.21 from Ch. 127, par. 9.21
10 20 ILCS 5/5-315 new
11 was 20 ILCS 5/9.02 from Ch. 127, par. 9.02
12 20 ILCS 5/5-320 new
13 was 20 ILCS 5/9.19 from Ch. 127, par. 9.19
14 20 ILCS 5/5-325 new
15 was 20 ILCS 5/9.16 from Ch. 127, par. 9.16
16 20 ILCS 5/5-330 new
17 was 20 ILCS 5/9.18 from Ch. 127, par. 9.18
18 20 ILCS 5/5-335 new
19 was 20 ILCS 5/9.11a from Ch. 127, par. 9.11a
20 20 ILCS 5/5-340 new
21 was 20 ILCS 5/9.30 from Ch. 127, par. 9.30
22 20 ILCS 5/5-345 new
23 was 20 ILCS 5/9.15 from Ch. 127, par. 9.15
24 20 ILCS 5/5-350 new
25 was 20 ILCS 5/9.24 from Ch. 127, par. 9.24
26 20 ILCS 5/5-355 new
27 was 20 ILCS 5/9.05a
28 20 ILCS 5/5-360 new
29 was 20 ILCS 5/9.10 from Ch. 127, par. 9.10
30 20 ILCS 5/5-365 new
31 was 20 ILCS 5/9.03 from Ch. 127, par. 9.03
32 20 ILCS 5/5-370 new
33 was 20 ILCS 5/9.31 from Ch. 127, par. 9.31
34 20 ILCS 5/5-375 new
-695- LRB9000008DJcc
1 was 20 ILCS 5/9.09 from Ch. 127, par. 9.09
2 20 ILCS 5/5-380 new
3 was 20 ILCS 5/9.04 from Ch. 127, par. 9.04
4 20 ILCS 5/5-385 new
5 was 20 ILCS 5/9.25 from Ch. 127, par. 9.25
6 20 ILCS 5/5-390 new
7 was 20 ILCS 5/9.08 from Ch. 127, par. 9.08
8 20 ILCS 5/5-395 new
9 was 20 ILCS 5/9.17 from Ch. 127, par. 9.17
10 20 ILCS 5/5-400 new
11 was 20 ILCS 5/9.07 from Ch. 127, par. 9.07
12 20 ILCS 5/5-405 new
13 was 20 ILCS 5/9.12 from Ch. 127, par. 9.12
14 20 ILCS 5/5-410 new
15 was 20 ILCS 5/9.11 from Ch. 127, par. 9.11
16 20 ILCS 5/5-415 new
17 was 20 ILCS 5/9.05 from Ch. 127, par. 9.05
18 20 ILCS 5/5-420 new
19 was 20 ILCS 5/9.22 from Ch. 127, par. 9.22
20 20 ILCS 5/5-500 new
21 was 20 ILCS 5/6 from Ch. 127, par. 6
22 20 ILCS 5/5-505 new
23 was 20 ILCS 5/8 from Ch. 127, par. 8
24 20 ILCS 5/5-510 new
25 was 20 ILCS 5/8.1 from Ch. 127, par. 8.1
26 20 ILCS 5/5-515 new
27 was 20 ILCS 5/10 from Ch. 127, par. 10
28 20 ILCS 5/5-520 new
29 was 20 ILCS 5/6.27 from Ch. 127, par. 6.27
30 20 ILCS 5/5-525 new
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1 20 ILCS 5/5-640 new
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1 was 20 ILCS 205/40.7a
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23 was 20 ILCS 205/40.28 from Ch. 127, par. 40.28
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29 was 20 ILCS 205/40.13 from Ch. 127, par. 40.13
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31 was 20 ILCS 205/40.4 from Ch. 127, par. 40.4
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1 was 20 ILCS 205/40.33 from Ch. 127, par. 40.33
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6 20 ILCS 205/15-325 new
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20 20 ILCS 205/15-400 new
21 was 20 ILCS 205/40.20 from Ch. 127, par. 40.20
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23 was 20 ILCS 205/40.22 from Ch. 127, par. 40.22
24 20 ILCS 205/15-410 new
25 was 20 ILCS 205/40.23 from Ch. 127, par. 40.23
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31 was 20 ILCS 205/40.37 from Ch. 127, par. 40.37
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33 was 20 ILCS 205/40.34 from Ch. 127, par. 40.34
34 20 ILCS 310/Art. 20 heading new
-700- LRB9000008DJcc
1 20 ILCS 310/20-1 new
2 20 ILCS 310/20-5 new
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5 20 ILCS 405/25-1 new
6 20 ILCS 405/25-5 new
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8 20 ILCS 405/25-10 new
9 was 20 ILCS 405/35.3 from Ch. 127, par. 35.3
10 20 ILCS 405/25-15 new
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12 20 ILCS 405/25-20 new
13 was 20 ILCS 405/35.7 from Ch. 127, par. 35.7
14 20 ILCS 405/25-25 new
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16 20 ILCS 405/25-30 new
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20 20 ILCS 405/25-105 new
21 was 20 ILCS 405/64.1 from Ch. 127, par. 63b4
22 20 ILCS 405/25-110 new
23 was 20 ILCS 405/64.2 from Ch. 127, par. 63b5
24 20 ILCS 405/25-115 new
25 was 20 ILCS 405/64.3 from Ch. 127, par. 63b6
26 20 ILCS 405/25-120 new
27 was 20 ILCS 405/67.29 from Ch. 127, par. 63b13.29
28 20 ILCS 405/25-125 new
29 was 20 ILCS 405/67.31 from Ch. 127, par. 63b13.31
30 20 ILCS 405/25-130 new
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32 20 ILCS 405/25-190 new
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34 20 ILCS 405/25-200 new
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1 was 20 ILCS 405/67 from Ch. 127, par. 63b13
2 20 ILCS 405/25-205 new
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4 20 ILCS 405/25-210 new
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6 20 ILCS 405/25-215 new
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8 20 ILCS 405/25-220 new
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14 20 ILCS 405/25-235 new
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16 20 ILCS 405/25-240 new
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19 was 20 ILCS 405/35.7b from Ch. 127, par. 35.7b
20 20 ILCS 405/25-250 new
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22 20 ILCS 405/25-255 new
23 was 20 ILCS 405/35.8 from Ch. 127, par. 35.8
24 20 ILCS 405/25-260 new
25 was 20 ILCS 405/35.7c from Ch. 127, par. 35.7c
26 20 ILCS 405/25-265 new
27 was 20 ILCS 405/67.08 from Ch. 127, par. 63b13.8
28 20 ILCS 405/25-270 new
29 was 20 ILCS 405/67.18 from Ch. 127, par. 63b13.18
30 20 ILCS 405/25-275 new
31 was 20 ILCS 405/67.33 from Ch. 127, par. 63b13.33
32 20 ILCS 405/25-280 new
33 was 20 ILCS 405/67.15 from Ch. 127, par. 63b13.15
34 20 ILCS 405/25-285 new
-702- LRB9000008DJcc
1 was 20 ILCS 405/67.16 from Ch. 127, par. 63b13.16
2 20 ILCS 405/25-290 new
3 was 20 ILCS 405/67.32 from Ch. 127, par. 63b13.32
4 20 ILCS 405/25-295 new
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6 20 ILCS 405/25-300 new
7 was 20 ILCS 405/67.02 from Ch. 127, par. 63b13.2
8 20 ILCS 405/25-305 new
9 was 20 ILCS 405/67.06 from Ch. 127, par. 63b13.6
10 20 ILCS 405/25-310 new
11 was 20 ILCS 405/67.07 from Ch. 127, par. 63b13.7
12 20 ILCS 405/25-315 new
13 was 20 ILCS 405/67.24 from Ch. 127, par. 63b13.24
14 20 ILCS 405/25-320 new
15 was 20 ILCS 405/67.25 from Ch. 127, par. 63b13.25
16 20 ILCS 405/25-325 new
17 was 20 ILCS 405/67.26 from Ch. 127, par. 63b13.26
18 20 ILCS 405/25-400 new
19 was 20 ILCS 5/34.1 from Ch. 127, par. 34.1
20 20 ILCS 405/25-500 new
21 was 20 ILCS 405/67.35
22 20 ILCS 510/Art. 30 heading new
23 20 ILCS 510/30-1 new
24 20 ILCS 510/30-5 new
25 20 ILCS 510/30-10 new
26 was 20 ILCS 510/65 from Ch. 127, par. 63b11
27 20 ILCS 510/30-15 new
28 was 20 ILCS 510/65.1 from Ch. 127, par. 63b11.1
29 20 ILCS 510/30-20 new
30 was 20 ILCS 510/65.4 from Ch. 127, par. 63b11.4
31 20 ILCS 510/30-25 new
32 was 20 ILCS 510/65.5 from Ch. 127, par. 63b11.5
33 20 ILCS 510/30-30 new
34 was 20 ILCS 510/65.6 from Ch. 127, par. 63b11.6
-703- LRB9000008DJcc
1 20 ILCS 510/30-35 new
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3 20 ILCS 510/30-95 new
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5 20 ILCS 510/30-100 new
6 was 20 ILCS 510/65.8 from Ch. 127, par. 63b11.8
7 20 ILCS 510/30-200 new
8 was 20 ILCS 510/65.2 from Ch. 127, par. 63b11.2
9 20 ILCS 605/Art. 35 heading new
10 20 ILCS 605/35-1 new
11 20 ILCS 605/35-5 new
12 was 20 ILCS 605/46.1,
13 in part from Ch. 127, par. 46.1
14 20 ILCS 605/35-10 new
15 was 20 ILCS 605/46.1,
16 in part from Ch. 127, par. 46.1
17 20 ILCS 605/35-15 new
18 was 20 ILCS 605/46.22 from Ch. 127, par. 46.22
19 20 ILCS 605/35-20 new
20 was 20 ILCS 605/46.29 from Ch. 127, par. 46.29
21 20 ILCS 605/35-25 new
22 was 20 ILCS 605/46.30a from Ch. 127, par. 46.30a
23 20 ILCS 605/35-30 new
24 was 20 ILCS 605/46.41 from Ch. 127, par. 46.41
25 20 ILCS 605/35-35 new
26 was 20 ILCS 605/46.43 from Ch. 127, par. 46.43
27 20 ILCS 605/35-40 new
28 was 20 ILCS 605/47.2 from Ch. 127, par. 47.2
29 20 ILCS 605/35-50 new
30 was 20 ILCS 605/46.51 from Ch. 127, par. 46.51
31 20 ILCS 605/35-55 new
32 was 20 ILCS 605/46.21 from Ch. 127, par. 46.21
33 20 ILCS 605/35-60 new
34 was 20 ILCS 605/46.50 from Ch. 127, par. 46.50
-704- LRB9000008DJcc
1 20 ILCS 605/35-65 new
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3 20 ILCS 605/35-75 new
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5 20 ILCS 605/35-85 new
6 was 20 ILCS 605/46.11 from Ch. 127, par. 46.11
7 20 ILCS 605/35-95 new
8 was 20 ILCS 605/46.42 from Ch. 127, par. 46.42
9 20 ILCS 605/35-100 new
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11 20 ILCS 605/35-105 new
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13 20 ILCS 605/35-110 new
14 was 20 ILCS 605/46.34 from Ch. 127, par. 46.34
15 20 ILCS 605/35-115 new
16 was 20 ILCS 605/46.36 from Ch. 127, par. 46.36
17 20 ILCS 605/35-200 new
18 was 20 ILCS 605/46.7 from Ch. 127, par. 46.7
19 20 ILCS 605/35-205 new
20 was 20 ILCS 605/46.39 from Ch. 127, par. 46.39
21 20 ILCS 605/35-210 new
22 was 20 ILCS 605/46.9 from Ch. 127, par. 46.9
23 20 ILCS 605/35-300 new
24 was 20 ILCS 605/46.2 from Ch. 127, par. 46.2
25 20 ILCS 605/35-305 new
26 was 20 ILCS 605/46.44 from Ch. 127, par. 46.44
27 20 ILCS 605/35-310 new
28 was 20 ILCS 605/46.3 from Ch. 127, par. 46.3
29 20 ILCS 605/35-315 new
30 was 20 ILCS 605/46.17 from Ch. 127, par. 46.17
31 20 ILCS 605/35-320 new
32 was 20 ILCS 605/46.5 from Ch. 127, par. 46.5
33 20 ILCS 605/35-325 new
34 was 20 ILCS 605/46.19i from Ch. 127, par. 46.19i
-705- LRB9000008DJcc
1 20 ILCS 605/35-330 new
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3 20 ILCS 605/35-335 new
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5 20 ILCS 605/35-340 new
6 was 20 ILCS 605/46.54 from Ch. 127, par. 46.54
7 20 ILCS 605/35-345 new
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9 20 ILCS 605/35-350 new
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11 20 ILCS 605/35-355 new
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13 subsec. (2) from Ch. 127, par. 46.19a
14 20 ILCS 605/35-360 new
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16 subsec. (3) from Ch. 127, par. 46.19a
17 20 ILCS 605/35-365 new
18 was 20 ILCS 605/46.19a,
19 subsec. (4) from Ch. 127, par. 46.19a
20 20 ILCS 605/35-370 new
21 was 20 ILCS 605/46.28 from Ch. 127, par. 46.28
22 20 ILCS 605/35-375 new
23 was 20 ILCS 605/46.58 from Ch. 127, par. 46.58
24 20 ILCS 605/35-380 new
25 was 20 ILCS 605/46.60 from Ch. 127, par. 46.60
26 20 ILCS 605/35-385 new
27 was 20 ILCS 605/46.62 from Ch. 127, par. 46.62
28 20 ILCS 605/35-400 new
29 was 20 ILCS 605/46.19c from Ch. 127, par. 46.19c
30 20 ILCS 605/35-405 new
31 was 20 ILCS 605/46.5a from Ch. 127, par. 46.5a
32 20 ILCS 605/35-410 new
33 was 20 ILCS 605/46.19d from Ch. 127, par. 46.19d
34 20 ILCS 605/35-450 new
-706- LRB9000008DJcc
1 was 20 ILCS 605/46.19g from Ch. 127, par. 46.19g
2 20 ILCS 605/35-490 new
3 was 20 ILCS 605/46.10 from Ch. 127, par. 46.10
4 20 ILCS 605/35-495 new
5 was 20 ILCS 605/46.19 from Ch. 127, par. 46.19
6 20 ILCS 605/35-500 new
7 was 20 ILCS 605/46.13 from Ch. 127, par. 46.13
8 20 ILCS 605/35-505 new
9 was 20 ILCS 605/46.15 from Ch. 127, par. 46.15
10 20 ILCS 605/35-510 new
11 was 20 ILCS 605/46.19h from Ch. 127, par. 46.19h
12 20 ILCS 605/35-515 new
13 was 20 ILCS 605/46.13a from Ch. 127, par. 46.13a
14 20 ILCS 605/35-520 new
15 was 20 ILCS 605/46.63 from Ch. 127, par. 46.63
16 20 ILCS 605/35-525 new
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18 20 ILCS 605/35-600 new
19 was 20 ILCS 605/46.19f from Ch. 127, par. 46.19f
20 20 ILCS 605/35-605 new
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22 20 ILCS 605/35-610 new
23 was 20 ILCS 605/46.14 from Ch. 127, par. 46.14
24 20 ILCS 605/35-615 new
25 was 20 ILCS 605/46.19e from Ch. 127, par. 46.19e
26 20 ILCS 605/35-620 new
27 was 20 ILCS 605/46.24 from Ch. 127, par. 46.24
28 20 ILCS 605/35-625 new
29 was 20 ILCS 605/46.25 from Ch. 127, par. 46.25
30 20 ILCS 605/35-630 new
31 was 20 ILCS 605/46.26 from Ch. 127, par. 46.26
32 20 ILCS 605/35-675 new
33 was 20 ILCS 605/46.66
34 20 ILCS 605/35-700 new
-707- LRB9000008DJcc
1 was 20 ILCS 605/46.6 from Ch. 127, par. 46.6
2 20 ILCS 605/35-705 new
3 was 20 ILCS 605/46.6a from Ch. 127, par. 46.6a
4 20 ILCS 605/35-710 new
5 was 20 ILCS 605/46.6c from Ch. 127, par. 46.6c
6 20 ILCS 605/35-715 new
7 was 20 ILCS 605/46.59 from Ch. 127, par. 46.59
8 20 ILCS 605/35-720 new
9 was 20 ILCS 605/46.16 from Ch. 127, par. 46.16
10 20 ILCS 605/35-800 new
11 was 20 ILCS 605/46.19a,
12 subsec. (1) from Ch. 127, par. 46.19a
13 20 ILCS 605/35-805 new
14 was 20 ILCS 605/46.19a,
15 subsec. (5) from Ch. 127, par. 46.19a
16 20 ILCS 605/35-810 new
17 was 20 ILCS 605/46.19a,
18 subsec. (6) from Ch. 127, par. 46.19a
19 20 ILCS 605/35-815 new
20 was 20 ILCS 605/46.19a,
21 subsec. (7) from Ch. 127, par. 46.19a
22 20 ILCS 605/35-820 new
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24 20 ILCS 605/35-825 new
25 was 20 ILCS 605/46.65 from Ch. 127, par. 46.65
26 20 ILCS 605/35-850 new
27 was 20 ILCS 605/46.32a,
28 subsec. (a) from Ch. 127, par. 46.32a
29 20 ILCS 605/35-855 new
30 was 20 ILCS 605/46.32a,
31 subsec. (b) from Ch. 127, par. 46.32a
32 20 ILCS 605/35-860 new
33 was 20 ILCS 605/46.32a,
34 subsec. (c) from Ch. 127, par. 46.32a
-708- LRB9000008DJcc
1 20 ILCS 605/35-875 new
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3 20 ILCS 605/35-900 new
4 was 20 ILCS 605/46.6b from Ch. 127, par. 46.6b
5 20 ILCS 605/35-905 new
6 was 20 ILCS 605/46.41b from Ch. 127, par. 46.41b
7 20 ILCS 605/35-910 new
8 was 20 ILCS 605/46.56 from Ch. 127, par. 46.56
9 20 ILCS 605/35-915 new
10 was 20 ILCS 605/46.45 from Ch. 127, par. 46.45
11 20 ILCS 605/35-920 new
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13 20 ILCS 605/35-925 new
14 was 20 ILCS 605/46.48 from Ch. 127, par. 46.48
15 20 ILCS 605/35-930 new
16 was 20 ILCS 605/46.27 from Ch. 127, par. 46.27
17 20 ILCS 605/35-935 new
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19 20 ILCS 605/35-940 new
20 was 20 ILCS 605/46.37 from Ch. 127, par. 46.37
21 20 ILCS 605/35-945 new
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23 20 ILCS 605/35-950 new
24 was 20 ILCS 605/46.38a from Ch. 127, par. 46.38a
25 20 ILCS 605/35-990 new
26 was 20 ILCS 605/46.37a from Ch. 127, par. 46.37a
27 20 ILCS 605/35-995 new
28 was 20 ILCS 605/46.40 from Ch. 127, par. 46.40
29 20 ILCS 805/Art. 40 heading new
30 20 ILCS 805/40-1 new
31 20 ILCS 805/40-5 new
32 20 ILCS 805/40-10 new
33 was 20 ILCS 805/63a from Ch. 127, par.
34 63a
-709- LRB9000008DJcc
1 20 ILCS 805/40-15 new
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3 63a37
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5 was 20 ILCS 805/63b2.7 from Ch. 127, par.
6 63b2.7
7 20 ILCS 805/40-25 new
8 was 20 ILCS 805/63b2.8
9 20 ILCS 805/40-30 new
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11 63a38
12 20 ILCS 805/40-35 new
13 was 20 ILCS 805/63a40
14 20 ILCS 805/40-40 new
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16 20 ILCS 805/40-100 new
17 was 20 ILCS 805/63a1 from Ch. 127, par.
18 63a1
19 20 ILCS 805/40-105 new
20 was 20 ILCS 805/63a2 from Ch. 127, par.
21 63a2
22 20 ILCS 805/40-110 new
23 was 20 ILCS 805/63a3 from Ch. 127, par.
24 63a3
25 20 ILCS 805/40-115 new
26 was 20 ILCS 805/63a4 from Ch. 127, par.
27 63a4
28 20 ILCS 805/40-120 new
29 was 20 ILCS 805/63a5 from Ch. 127, par.
30 63a5
31 20 ILCS 805/40-125 new
32 was 20 ILCS 805/63b1 from Ch. 127, par.
33 63b1
34 20 ILCS 805/40-130 new
-710- LRB9000008DJcc
1 was 20 ILCS 805/63a8 from Ch. 127, par.
2 63a8
3 20 ILCS 805/40-200 new
4 was 20 ILCS 805/63a13-1 from Ch. 127, par.
5 63a13-1
6 20 ILCS 805/40-205 new
7 was 20 ILCS 805/63a29 from Ch. 127, par.
8 63a29
9 20 ILCS 805/40-210 new
10 was 20 ILCS 805/63a33 from Ch. 127, par.
11 63a33
12 20 ILCS 805/40-215 new
13 was 20 ILCS 805/63a17 from Ch. 127, par.
14 63a17
15 20 ILCS 805/40-220 new
16 was 20 ILCS 805/63a34 from Ch. 127, par.
17 63a34
18 20 ILCS 805/40-225 new
19 was 20 ILCS 805/63a19 from Ch. 127, par.
20 63a19
21 20 ILCS 805/40-230 new
22 was 20 ILCS 805/63a18 from Ch. 127, par.
23 63a18
24 20 ILCS 805/40-235 new
25 was 20 ILCS 805/63a6 from Ch. 127, par.
26 63a6
27 20 ILCS 805/40-240 new
28 was 20 ILCS 805/63b from Ch. 127, par.
29 63b
30 20 ILCS 805/40-245 new
31 was 20 ILCS 805/63b2.1 from Ch. 127, par.
32 63b2.1
33 20 ILCS 805/40-250 new
34 was 20 ILCS 805/63a20 from Ch. 127, par.
-711- LRB9000008DJcc
1 63a20
2 20 ILCS 805/40-255 new
3 was 20 ILCS 805/63a10 from Ch. 127, par.
4 63a10
5 20 ILCS 805/40-260 new
6 was 20 ILCS 805/63a7 from Ch. 127, par.
7 63a7
8 20 ILCS 805/40-265 new
9 was 20 ILCS 805/63a39
10 20 ILCS 805/40-270 new
11 was 20 ILCS 805/63a26 from Ch. 127, par.
12 63a26
13 20 ILCS 805/40-275 new
14 was 20 ILCS 805/63a27 from Ch. 127, par.
15 63a27
16 20 ILCS 805/40-300 new
17 was 20 ILCS 805/63a21 from Ch. 127, par.
18 63a21
19 20 ILCS 805/40-305 new
20 was 20 ILCS 805/63a23 from Ch. 127, par.
21 63a23
22 20 ILCS 805/40-310 new
23 was 20 ILCS 805/63a24 from Ch. 127, par.
24 63a24
25 20 ILCS 805/40-315 new
26 was 20 ILCS 805/63a21.2 from Ch. 127, par.
27 63a21.2
28 20 ILCS 805/40-320 new
29 was 20 ILCS 805/63a21.3 from Ch. 127, par.
30 63a21.3
31 20 ILCS 805/40-325 new
32 was 20 ILCS 805/63a25 from Ch. 127, par.
33 63a25
34 20 ILCS 805/40-330 new
-712- LRB9000008DJcc
1 was 20 ILCS 805/63a14 from Ch. 127, par.
2 63a14
3 20 ILCS 805/40-335 new
4 was 20 ILCS 805/63a21.1 from Ch. 127, par.
5 63a21.1
6 20 ILCS 805/40-400 new
7 was 20 ILCS 805/63a22 from Ch. 127, par.
8 63a22
9 20 ILCS 805/40-405 new
10 was 20 ILCS 805/63a30 from Ch. 127, par.
11 63a30
12 20 ILCS 805/40-410 new
13 was 20 ILCS 805/63a32 from Ch. 127, par.
14 63a32
15 20 ILCS 805/40-415 new
16 was 20 ILCS 805/63a35 from Ch. 127, par.
17 63a35
18 20 ILCS 805/40-420 new
19 was 20 ILCS 805/63a36 from Ch. 127, par.
20 63a36
21 20 ILCS 805/40-425 new
22 was 20 ILCS 805/63b2.3 from Ch. 127, par.
23 63b2.3
24 20 ILCS 805/40-430 new
25 was 20 ILCS 805/63b2.4 from Ch. 127, par.
26 63b2.4
27 20 ILCS 805/40-435 new
28 was 20 ILCS 805/63b2.5 from Ch. 127, par.
29 63b2.5
30 20 ILCS 805/40-500 new
31 was 20 ILCS 805/63a12 from Ch. 127, par.
32 63a12
33 20 ILCS 805/40-505 new
34 was 20 ILCS 805/63a31 from Ch. 127, par.
-713- LRB9000008DJcc
1 63a31
2 20 ILCS 805/40-510 new
3 was 20 ILCS 805/63a13 from Ch. 127, par. 63a13
4 20 ILCS 805/40-515 new
5 was 20 ILCS 805/63a28 from Ch. 127, par. 63a28
6 20 ILCS 805/40-520 new
7 was 20 ILCS 805/63a11 from Ch. 127, par. 63a11
8 20 ILCS 805/40-525 new
9 was 20 ILCS 805/63a15 from Ch. 127, par. 63a15
10 20 ILCS 805/40-530 new
11 was 20 ILCS 805/63a9 from Ch. 127, par. 63a9
12 20 ILCS 805/40-535 new
13 was 20 ILCS 805/63b2.2 from Ch. 127, par. 63b2.2
14 20 ILCS 805/40-540 new
15 was 20 ILCS 805/63b2.6 from Ch. 127, par. 63b2.6
16 20 ILCS 1005/Art. 45 heading new
17 20 ILCS 1005/45-1 new
18 20 ILCS 1005/45-5 new
19 20 ILCS 1005/45-10 new
20 was 20 ILCS 1005/43a from Ch. 127, par. 43a
21 20 ILCS 1005/45-15 new
22 was 20 ILCS 1005/43a.02 from Ch. 127, par. 43a.02
23 20 ILCS 1005/45-20 new
24 was 20 ILCS 1005/43a.04 from Ch. 127, par. 43a.04
25 20 ILCS 1005/45-25 new
26 was 20 ILCS 1005/43a.05 from Ch. 127, par. 43a.05
27 20 ILCS 1005/45-30 new
28 was 20 ILCS 1005/43a.03 from Ch. 127, par. 43a.03
29 20 ILCS 1005/45-35 new
30 was 20 ILCS 1005/43a.07 from Ch. 127, par. 43a.07
31 20 ILCS 1005/45-40 new
32 was 20 ILCS 1005/43a.08 from Ch. 127, par. 43a.08
33 20 ILCS 1005/45-45 new
34 was 20 ILCS 1005/43a.06 from Ch. 127, par. 43a.06
-714- LRB9000008DJcc
1 20 ILCS 1005/45-50 new
2 was 20 ILCS 1005/43a.11 from Ch. 127, par. 43a.11
3 20 ILCS 1005/45-75 new
4 was 20 ILCS 1005/43a.12 from Ch. 127, par. 43a.12
5 20 ILCS 1005/45-100 new
6 was 20 ILCS 1005/43a.01 from Ch. 127, par. 43a.01
7 20 ILCS 1005/45-105 new
8 was 20 ILCS 1005/43a.09 from Ch. 127, par. 43a.09
9 20 ILCS 1005/45-110 new
10 was 20 ILCS 1005/44a from Ch. 127, par. 44a
11 20 ILCS 1005/45-115 new
12 was 20 ILCS 1005/43a.10 from Ch. 127, par. 43a.10
13 20 ILCS 1005/45-120 new
14 was 20 ILCS 1005/43a.13 from Ch. 127, par. 43a.13
15 20 ILCS 1005/45-150 new
16 was 20 ILCS 5/34.2 from Ch. 127, par. 34.2
17 20 ILCS 1405/Art. 55 heading new
18 20 ILCS 1405/55-1 new
19 20 ILCS 1405/55-5 new
20 was 20 ILCS 1405/56 from Ch. 127, par. 56
21 20 ILCS 1405/55-10 new
22 was 20 ILCS 1405/56.1 from Ch. 127, par. 56.1
23 20 ILCS 1405/55-15 new
24 was 20 ILCS 1405/56.2
25 20 ILCS 1505/Art. 60 heading new
26 20 ILCS 1505/60-1 new
27 20 ILCS 1505/60-5 new
28 20 ILCS 1505/60-10 new
29 was 20 ILCS 1505/43 from Ch. 127, par. 43
30 20 ILCS 1505/60-15 new
31 was 20 ILCS 1505/43.07 from Ch. 127, par. 43.07
32 20 ILCS 1505/60-20 new
33 was 20 ILCS 1505/43.13 from Ch. 127, par. 43.13
34 20 ILCS 1505/60-25 new
-715- LRB9000008DJcc
1 was 20 ILCS 1505/43.09 from Ch. 127, par. 43.09
2 20 ILCS 1505/60-30 new
3 was 20 ILCS 1505/43.08 from Ch. 127, par. 43.08
4 20 ILCS 1505/60-35 new
5 was 20 ILCS 1505/43.10 from Ch. 127, par. 43.10
6 20 ILCS 1505/60-40 new
7 was 20 ILCS 1505/43.12 from Ch. 127, par. 43.12
8 20 ILCS 1505/60-45 new
9 was 20 ILCS 1505/43.15a from Ch. 127, par. 43.15a
10 20 ILCS 1505/60-50 new
11 was 20 ILCS 1505/43.16 from Ch. 127, par. 43.16
12 20 ILCS 1505/60-100 new
13 was 20 ILCS 1505/43.01 from Ch. 127, par. 43.01
14 20 ILCS 1505/60-105 new
15 was 20 ILCS 1505/43.03 from Ch. 127, par. 43.03
16 20 ILCS 1505/60-110 new
17 was 20 ILCS 1505/43.04 from Ch. 127, par. 43.04
18 20 ILCS 1505/60-115 new
19 was 20 ILCS 1505/43.05 from Ch. 127, par. 43.05
20 20 ILCS 1505/60-120 new
21 was 20 ILCS 1505/43.17 from Ch. 127, par. 43.17
22 20 ILCS 1505/60-150 new
23 was 20 ILCS 1505/43.20 from Ch. 127, par. 43.20
24 20 ILCS 1505/60-175 new
25 was 20 ILCS 1505/43.19 from Ch. 127, par. 43.19
26 20 ILCS 1505/60-200 new
27 was 20 ILCS 1505/43.21 from Ch. 127, par. 43.21
28 20 ILCS 1710/Art. 65 heading new
29 20 ILCS 1710/65-1 new
30 20 ILCS 1710/65-5 new
31 20 ILCS 1710/65-10 new
32 was 20 ILCS 1710/53,
33 subsec. (a), in part from Ch. 127, par. 53
34 20 ILCS 1710/65-15 new
-716- LRB9000008DJcc
1 was 20 ILCS 1710/53,
2 subdiv. (a)1 from Ch. 127, par. 53
3 20 ILCS 1710/65-20 new
4 was 20 ILCS 1710/53,
5 subdivs. (a)2 and (a)4 from Ch. 127,
6 par. 53
7 20 ILCS 1710/65-25 new
8 was 20 ILCS 1710/53,
9 subdiv. (a)3 from Ch. 127, par. 53
10 20 ILCS 1710/65-30 new
11 was 20 ILCS 1710/53a from Ch. 127, par. 53a
12 20 ILCS 1710/65-50 new
13 was 20 ILCS 1710/53,
14 subdiv. (a)5 from Ch. 127, par. 53
15 20 ILCS 1710/65-75 new
16 was 20 ILCS 1710/65-53,
17 subsec. (b) from Ch. 127, par. 53
18 20 ILCS 1710/65-100 new
19 was 20 ILCS 1710/53d
20 20 ILCS 1905/Art. 70 heading new
21 20 ILCS 1905/70-1 new
22 20 ILCS 1905/70-5 new
23 20 ILCS 1905/70-10 new
24 was 20 ILCS 1905/45,
25 in part from Ch. 127, par. 45
26 20 ILCS 1905/70-15 new
27 was 20 ILCS 1905/45,
28 par. 1 from Ch. 127, par. 45
29 20 ILCS 1905/70-20 new
30 was 20 ILCS 1905/45,
31 par. 2 from Ch. 127, par. 45
32 20 ILCS 1905/70-25 new
33 was 20 ILCS 1905/45,
34 par. 3 from Ch. 127, par. 45
-717- LRB9000008DJcc
1 20 ILCS 1905/70-30 new
2 was 20 ILCS 1905/45,
3 par. 4 from Ch. 127, par. 45
4 20 ILCS 1905/70-35 new
5 was 20 ILCS 1905/47
6 20 ILCS 1905/70-40 new
7 was 20 ILCS 1905/45,
8 par. 10 from Ch. 127, par. 45
9 20 ILCS 1905/70-45 new
10 was 20 ILCS 1905/45,
11 par. 5 from Ch. 127, par. 45
12 20 ILCS 1905/70-50 new
13 was 20 ILCS 1905/45,
14 pars. 7 and 8 from Ch. 127, par. 45
15 20 ILCS 1905/70-75 new
16 was 20 ILCS 1905/46 from Ch. 127, par. 46
17 20 ILCS 1905/70-90 new
18 was 20 ILCS 1905/45,
19 in part from Ch. 127, par. 45
20 20 ILCS 1905/70-100 new
21 was 20 ILCS 1905/45,
22 par. 9 from Ch. 127, par. 45
23 20 ILCS 1905/70-105 new
24 was 20 ILCS 1905/45.2 from Ch. 127, par. 45.2
25 20 ILCS 1905/70-110 new
26 was 20 ILCS 1905/45.1 from Ch. 127, par. 45.1
27 20 ILCS 1905/70-150 new
28 was 20 ILCS 1905/45,
29 in part from Ch. 127, par. 45
30 20 ILCS 1905/70-200 new
31 was 20 ILCS 1905/45,
32 par. 6 from Ch. 127, par. 45
33 20 ILCS 2005/Art. 75 heading new
34 20 ILCS 2005/75-1 new
-718- LRB9000008DJcc
1 20 ILCS 2005/75-5 new
2 20 ILCS 2005/75-10 new
3 was 20 ILCS 2005/71,
4 subsec. A from Ch. 127, par. 63b17
5 20 ILCS 2005/75-15 new
6 was 20 ILCS 2005/71,
7 subsec. B from Ch. 127, par. 63b17
8 20 ILCS 2005/75-20 new
9 was 20 ILCS 2005/71,
10 subsec. H from Ch. 127, par. 63b17
11 20 ILCS 2005/75-25 new
12 was 20 ILCS 2005/71,
13 subsec. E from Ch. 127, par. 63b17
14 20 ILCS 2005/70-30 new
15 was 20 ILCS 2005/72 from Ch. 127, par. 63b18
16 20 ILCS 2005/75-35 new
17 was 20 ILCS 2005/71,
18 subsec. C from Ch. 127, par. 63b17
19 20 ILCS 2005/75-40 new
20 was 20 ILCS 2005/71,
21 subsec. D from Ch. 127, par. 63b17
22 20 ILCS 2005/75-45 new
23 was 20 ILCS 2005/71,
24 subsec. K from Ch. 127, par. 63b17
25 20 ILCS 2005/75-50 new
26 was 20 ILCS 2005/71,
27 subsec. J from Ch. 127, par. 63b17
28 20 ILCS 2005/75-55 new
29 was 20 ILCS 2005/71,
30 subsec. L from Ch. 127, par. 63b17
31 20 ILCS 2005/75-60 new
32 was 20 ILCS 2005/71,
33 subsec. M from Ch. 127, par. 63b17
34 20 ILCS 2005/75-65 new
-719- LRB9000008DJcc
1 was 20 ILCS 2005/71,
2 subsec. F from Ch. 127, par. 63b17
3 20 ILCS 2005/75-70 new
4 was 20 ILCS 2005/71,
5 subsec. G from Ch. 127, par. 63b17
6 20 ILCS 2005/75-75 new
7 was 20 ILCS 2005/71,
8 subsec. I from Ch. 127, par. 63b17
9 20 ILCS 2005/75-80 new
10 was 20 ILCS 2005/71,
11 subsec. N from Ch. 127, par. 63b17
12 20 ILCS 2005/75-85 new
13 was 20 ILCS 2005/71,
14 subsec. O from Ch. 127, par. 63b17
15 20 ILCS 2105/Art. 80 heading new
16 20 ILCS 2105/80-1 new
17 20 ILCS 2105/80-5 new
18 was 20 ILCS 2105/60b from Ch. 127, par. 60b
19 20 ILCS 2105/80-10 new
20 was 20 ILCS 2105/61d
21 20 ILCS 2105/80-15 new
22 was 20 ILCS 2105/60 from Ch. 127, par. 60
23 20 ILCS 2105/80-25 new
24 was 20 ILCS 2105/60.01 from Ch. 127, par. 60.01
25 20 ILCS 2105/80-40 new
26 was 20 ILCS 2105/61 from Ch. 127, par. 61
27 20 ILCS 2105/80-55 new
28 was 20 ILCS 2105/61c from Ch. 127, new par. 61c
29 20 ILCS 2105/80-75 new
30 was 110 ILCS 355/62.1 from Ch. 127, par. 62.1
31 20 ILCS 2105/80-100 new
32 was 20 ILCS 2105/60c from Ch. 127, par. 60c
33 20 ILCS 2105/80-105 new
34 was 20 ILCS 2105/60d from Ch. 127, par. 60d
-720- LRB9000008DJcc
1 20 ILCS 2105/80-110 new
2 was 20 ILCS 2105/60e from Ch. 127, par. 60e
3 20 ILCS 2105/80-115 new
4 was 20 ILCS 2105/60f from Ch. 127, par. 60f
5 20 ILCS 2105/80-120 new
6 was 20 ILCS 2105/60g from Ch. 127, par. 60g
7 20 ILCS 2105/80-125 new
8 was 20 ILCS 2105/60h from Ch. 127, par. 60h
9 20 ILCS 2105/80-150 new
10 was 20 ILCS 2105/60m from Ch. 127, par. 60m
11 20 ILCS 2105/80-155 new
12 was 20 ILCS 2105/60n from Ch. 127, par. 60n
13 20 ILCS 2105/80-175 new
14 was 20 ILCS 2105/60a,
15 in part from Ch. 127, par. 60a
16 20 ILCS 2105/80-200 new
17 was 20 ILCS 2105/60.1 from Ch. 127, par. 60.1
18 20 ILCS 2105/80-205 new
19 was 20 ILCS 2105/60.3
20 20 ILCS 2105/80-210 new
21 was 20 ILCS 2105/60.2 from Ch. 127, par. 60.2
22 20 ILCS 2105/80-215 new
23 was 20 ILCS 2105/61a from Ch. 127, par. 61a
24 20 ILCS 2105/80-220 new
25 was 20 ILCS 2105/61b from Ch. 127, par. 61b
26 20 ILCS 2105/80-300 new
27 was 20 ILCS 2105/61e
28 20 ILCS 2105/80-325 new
29 was 20 ILCS 2105/60a,
30 in part from Ch. 127, par. 60a
31 20 ILCS 2205/Art. 85 heading new
32 20 ILCS 2205/85-1 new
33 20 ILCS 2205/85-5 new
34 was 20 ILCS 2205/48a from Ch. 127, par. 48a
-721- LRB9000008DJcc
1 20 ILCS 2205/85-10 new
2 was 20 ILCS 2205/48b from Ch. 127, par. 48b
3 20 ILCS 2310/Art. 90 heading new
4 20 ILCS 2310/90-1 new
5 20 ILCS 2310/90-5 new
6 20 ILCS 2310/90-10 new
7 was 20 ILCS 2310/55 from Ch. 127, par. 55
8 20 ILCS 2310/90-15 new
9 was 20 ILCS 2310/55.02 from Ch. 127, par. 55.02
10 20 ILCS 2310/90-20 new
11 was 20 ILCS 2310/55.17 from Ch. 127, par. 55.17
12 20 ILCS 2310/90-25 new
13 was 20 ILCS 2310/55.05 from Ch. 127, par. 55.05
14 20 ILCS 2310/90-30 new
15 was 20 ILCS 2310/55.12 from Ch. 127, par. 55.12
16 20 ILCS 2310/90-35 new
17 was 20 ILCS 2310/55.27 from Ch. 127, par. 55.27
18 20 ILCS 2310/90-40 new
19 was 20 ILCS 2310/55.28 from Ch. 127, par. 55.28
20 20 ILCS 2310/90-45 new
21 was 20 ILCS 2310/55.29 from Ch. 127, par. 55.29
22 20 ILCS 2310/90-50 new
23 was 20 ILCS 2310/55.19 from Ch. 127, par. 55.19
24 20 ILCS 2310/90-55 new
25 was 20 ILCS 2310/55.14 from Ch. 127, par. 55.14
26 20 ILCS 2310/90-60 new
27 was 20 ILCS 2310/55.22 from Ch. 127, par. 55.22
28 20 ILCS 2310/90-65 new
29 was 20 ILCS 2310/55.26 from Ch. 127, par. 55.26
30 20 ILCS 2310/90-75 new
31 was 20 ILCS 2310/55.38 from Ch. 127, par. 55.38
32 20 ILCS 2310/90-90 new
33 was 20 ILCS 2310/55.09 from Ch. 127, par. 55.09
34 20 ILCS 2310/90-100 new
-722- LRB9000008DJcc
1 was 20 ILCS 2310/55.16 from Ch. 127, par. 55.16
2 20 ILCS 2310/90-105 new
3 was 20 ILCS 2310/55.18 from Ch. 127, par. 55.18
4 20 ILCS 2310/90-110 new
5 was 20 ILCS 2310/55.25 from Ch. 127, par. 55.25
6 20 ILCS 2310/90-130 new
7 was 20 ILCS 2310/55.82
8 20 ILCS 2310/90-135 new
9 was 20 ILCS 2310/55.37 from Ch. 127, par. 55.37
10 20 ILCS 2310/90-140 new
11 was 20 ILCS 2310/55.37a from Ch. 127, par. 55.37a
12 20 ILCS 2310/90-155 new
13 was 20 ILCS 2310/55.24 from Ch. 127, par. 55.24
14 20 ILCS 2310/90-170 new
15 was 20 ILCS 2310/55.30 from Ch. 127, par. 55.30
16 20 ILCS 2310/90-185 new
17 was 20 ILCS 2310/55.51 from Ch. 127, par. 55.51
18 20 ILCS 2310/90-195 new
19 was 20 ILCS 2310/55.39 from Ch. 127, par. 55.39
20 20 ILCS 2310/90-200 new
21 was 20 ILCS 2310/55.53 from Ch. 127, par. 55.53
22 20 ILCS 2310/90-205 new
23 was 20 ILCS 2310/55.57 from Ch. 127, par. 55.57
24 20 ILCS 2310/90-210 new
25 was 20 ILCS 2310/55.62a
26 20 ILCS 2310/90-215 new
27 was 20 ILCS 2310/55.62 from Ch. 127, par. 55.62
28 20 ILCS 2310/90-220 new
29 was 20 ILCS 2310/55.73
30 20 ILCS 2310/90-225 new
31 was 20 ILCS 2310/55.58 from Ch. 127, par. 55.58
32 20 ILCS 2310/90-230 new
33 was 20 ILCS 2310/55.67 from Ch. 127, par. 55.67
34 20 ILCS 2310/90-235 new
-723- LRB9000008DJcc
1 was 20 ILCS 2310/55.63 from Ch. 127, par. 55.63
2 20 ILCS 2310/90-250 new
3 was 20 ILCS 2310/55.13 from Ch. 127, par. 55.13
4 20 ILCS 2310/90-255 new
5 was 20 ILCS 2310/55.75
6 20 ILCS 2310/90-275 new
7 was 20 ILCS 2310/55.61 from Ch. 127, par. 55.61
8 20 ILCS 2310/90-300 new
9 was 20 ILCS 2310/55.78
10 20 ILCS 2310/90-305 new
11 was 20 ILCS 2310/55.64 from Ch. 127, par. 55.64
12 20 ILCS 2310/90-310 new
13 was 20 ILCS 2310/55.79
14 20 ILCS 2310/90-315 new
15 was 20 ILCS 2310/55.41 from Ch. 127, par. 55.41
16 20 ILCS 2310/90-320 new
17 was 20 ILCS 2310/55.56 from Ch. 127, par. 55.56
18 20 ILCS 2310/90-325 new
19 was 20 ILCS 2310/55.45 from Ch. 127, par. 55.45
20 20 ILCS 2310/90-330 new
21 was 20 ILCS 2310/55.46 from Ch. 127, par. 55.46
22 20 ILCS 2310/90-335 new
23 was 20 ILCS 2310/55.43 from Ch. 127, par. 55.43
24 20 ILCS 2310/90-340 new
25 was 20 ILCS 2310/55.68 from Ch. 127, par. 55.68
26 20 ILCS 2310/90-345 new
27 was 20 ILCS 2310/55.49 from Ch. 127, par. 55.49
28 20 ILCS 2310/90-350 new
29 was 20 ILCS 2310/55.70
30 20 ILCS 2310/90-355 new
31 was 20 ILCS 2310/55.23 from Ch. 127, par. 55.23
32 20 ILCS 2310/90-360 new
33 was 20 ILCS 2310/55.80
34 20 ILCS 2310/90-365 new
-724- LRB9000008DJcc
1 was 20 ILCS 2310/55.31b from Ch. 127, par. 55.31b
2 20 ILCS 2310/90-370 new
3 was 20 ILCS 2310/55.76
4 20 ILCS 2310/90-375 new
5 was 20 ILCS 2310/55.36 from Ch. 127, par. 55.36
6 20 ILCS 2310/90-380 new
7 was 20 ILCS 2310/55.52 from Ch. 127, par. 55.52
8 20 ILCS 2310/90-385 new
9 was 20 ILCS 2310/55.31a from Ch. 127, par. 55.31a
10 20 ILCS 2310/90-390 new
11 was 20 ILCS 2310/55.65 from Ch. 127, par. 55.65
12 20 ILCS 2310/90-395 new
13 was 20 ILCS 2310/55.72
14 20 ILCS 2310/90-400 new
15 was 20 ILCS 2310/55.83
16 20 ILCS 2310/90-405 new
17 was 20 ILCS 2310/55.55 from Ch. 127, par. 55.55
18 20 ILCS 2310/90-410 new
19 was 20 ILCS 2310/55.42 from Ch. 127, par. 55.42
20 20 ILCS 2310/90-415 new
21 was 20 ILCS 2310/55.81
22 20 ILCS 2310/90-420 new
23 was 20 ILCS 2310/55.74
24 20 ILCS 2310/90-425 new
25 was 20 ILCS 2310/55.66 from Ch. 127, par. 55.66
26 20 ILCS 2310/90-430 new
27 was 20 ILCS 2310/55.69 from Ch. 127, par. 55.69
28 20 ILCS 2310/90-435 new
29 was 20 ILCS 2310/55.44 from Ch. 127, par. 55.44
30 20 ILCS 2310/90-440 new
31 was 20 ILCS 2310/55.54 from Ch. 127, par. 55.54
32 20 ILCS 2310/90-445 new
33 was 20 ILCS 2310/55.71
34 20 ILCS 2310/90-500 new
-725- LRB9000008DJcc
1 was 20 ILCS 2310/55.07 from Ch. 127, par. 55.07
2 20 ILCS 2310/90-505 new
3 was 20 ILCS 2310/55.08 from Ch. 127, par. 55.08
4 20 ILCS 2310/90-510 new
5 was 20 ILCS 2310/55.15 from Ch. 127, par. 55.15
6 20 ILCS 2310/90-530 new
7 was 20 ILCS 2310/55.04 from Ch. 127, par. 55.04
8 20 ILCS 2310/90-535 new
9 was 20 ILCS 2310/55.21 from Ch. 127, par. 55.21
10 20 ILCS 2310/90-540 new
11 was 20 ILCS 2310/55.31 from Ch. 127, par. 55.31
12 20 ILCS 2310/90-545 new
13 was 20 ILCS 2310/55.20 from Ch. 127, par. 55.20
14 20 ILCS 2310/90-550 new
15 was 20 ILCS 2310/55.40 from Ch. 127, par. 55.40
16 20 ILCS 2310/90-555 new
17 was 20 ILCS 2310/55.06 from Ch. 127, par. 55.06
18 20 ILCS 2310/90-575 new
19 was 20 ILCS 2310/55.10 from Ch. 127, par. 55.10
20 20 ILCS 2310/90-580 new
21 was 20 ILCS 2310/55.11 from Ch. 127, par. 55.11
22 20 ILCS 2505/Art. 95 heading new
23 20 ILCS 2505/95-1 new
24 20 ILCS 2505/95-5 new
25 20 ILCS 2505/95-10 new
26 was 20 ILCS 2505/39b from Ch. 127, par. 39b
27 20 ILCS 2505/95-15 new
28 was 20 ILCS 2505/39b1 from Ch. 127, par. 39b1
29 20 ILCS 2505/95-20 new
30 was 20 ILCS 2505/39b2 from Ch. 127, par. 39b2
31 20 ILCS 2505/95-25 new
32 was 20 ILCS 2505/39b3 from Ch. 127, par. 39b3
33 20 ILCS 2505/95-30 new
34 was 20 ILCS 2505/39b4 from Ch. 127, par. 39b4
-726- LRB9000008DJcc
1 20 ILCS 2505/95-35 new
2 was 20 ILCS 2505/39b5 from Ch. 127, par. 39b5
3 20 ILCS 2505/95-40 new
4 was 20 ILCS 2505/39b6 from Ch. 127, par. 39b6
5 20 ILCS 2505/95-45 new
6 was 20 ILCS 2505/39b7 from Ch. 127, par. 39b7
7 20 ILCS 2505/95-50 new
8 was 20 ILCS 2505/39b8 from Ch. 127, par. 39b8
9 20 ILCS 2505/95-55 new
10 was 20 ILCS 2505/39b9 from Ch. 127, par. 39b9
11 20 ILCS 2505/95-60 new
12 was 20 ILCS 2505/39b10 from Ch. 127, par. 39b10
13 20 ILCS 2505/95-65 new
14 was 20 ILCS 2505/39b12 from Ch. 127, par. 39b12
15 20 ILCS 2505/95-70 new
16 was 20 ILCS 2505/39b24 from Ch. 127, par. 39b24
17 20 ILCS 2505/95-75 new
18 was 20 ILCS 2505/39b25 from Ch. 127, par. 39b25
19 20 ILCS 2505/95-80 new
20 was 20 ILCS 2505/39b26 from Ch. 127, par. 39b26
21 20 ILCS 2505/95-85 new
22 was 20 ILCS 2505/39b27 from Ch. 127, par. 39b27
23 20 ILCS 2505/95-90 new
24 was 20 ILCS 2505/39b28 from Ch. 127, par. 39b28
25 20 ILCS 2505/95-95 new
26 was 20 ILCS 2505/39b29 from Ch. 127, par. 39b29
27 20 ILCS 2505/95-100 new
28 was 20 ILCS 2505/39b30 from Ch. 127, par. 39b30
29 20 ILCS 2505/95-105 new
30 was 20 ILCS 2505/39b31 from Ch. 127, par. 39b31
31 20 ILCS 2505/95-175 new
32 was 20 ILCS 2505/39c-2 from Ch. 127, par. 39c-2
33 20 ILCS 2505/95-190 new
34 was 20 ILCS 2505/39c-4 from Ch. 127, par. 39c-4
-727- LRB9000008DJcc
1 20 ILCS 2505/95-200 new
2 was 20 ILCS 2505/39c-1a
3 20 ILCS 2505/95-205 new
4 was 20 ILCS 2505/39c-1b
5 20 ILCS 2505/95-210 new
6 was 20 ILCS 2505/39c-1 from Ch. 127, par. 39c-1
7 20 ILCS 2505/95-215 new
8 was 20 ILCS 2505/39c-3 from Ch. 127, par. 39c-3
9 20 ILCS 2505/95-250 new
10 was 20 ILCS 2505/39c from Ch. 127, par. 39c
11 20 ILCS 2505/95-275 new
12 was 20 ILCS 2505/39e from Ch. 127, par. 39e
13 20 ILCS 2505/95-300 new
14 was 20 ILCS 2505/39b15 from Ch. 127, par. 39b15
15 20 ILCS 2505/95-305 new
16 was 20 ILCS 2505/39b15.1 from Ch. 127, par. 39b15.1
17 20 ILCS 2505/95-310 new
18 was 20 ILCS 2505/39b15.2 from Ch. 127, par. 39b15.2
19 20 ILCS 2505/95-315 new
20 was 20 ILCS 2505/39b16 from Ch. 127, par. 39b16
21 20 ILCS 2505/95-320 new
22 was 20 ILCS 2505/39b17 from Ch. 127, par. 39b17
23 20 ILCS 2505/95-340 new
24 was 20 ILCS 2505/39b35.1 from Ch. 127, par. 39b35.1
25 20 ILCS 2505/95-360 new
26 was 20 ILCS 2505/39b48 from Ch. 127, par. 39b48
27 20 ILCS 2505/95-380 new
28 was 20 ILCS 2505/39b47 from Ch. 127, par. 39b47
29 20 ILCS 2505/95-400 new
30 was 20 ILCS 2505/39b49 from Ch. 127, par. 39b49
31 20 ILCS 2505/95-405 new
32 was 20 ILCS 2505/39c-1c
33 20 ILCS 2505/95-450 new
34 was 20 ILCS 2505/39b18 from Ch. 127, par. 39b18
-728- LRB9000008DJcc
1 20 ILCS 2505/95-475 new
2 was 20 ILCS 2505/39b32 from Ch. 127, par. 39b32
3 20 ILCS 2505/95-500 new
4 was 20 ILCS 2505/39b11 from Ch. 127, par. 39b11
5 20 ILCS 2505/95-505 new
6 was 20 ILCS 2505/39b20 from Ch. 127, par. 39b20
7 20 ILCS 2505/95-510 new
8 was 20 ILCS 2505/39b20.1 from Ch. 127, par. 39b20.1
9 20 ILCS 2505/95-550 new
10 was 20 ILCS 2505/39b51
11 20 ILCS 2505/95-600 new
12 was 20 ILCS 2505/39b21 from Ch. 127, par. 39b21
13 20 ILCS 2505/95-605 new
14 was 20 ILCS 2505/39b22 from Ch. 127, par. 39b22
15 20 ILCS 2505/95-625 new
16 was 20 ILCS 2505/39b35 from Ch. 127, par. 39b35
17 20 ILCS 2505/95-630 new
18 was 20 ILCS 2505/39b36 from Ch. 127, par. 39b36
19 20 ILCS 2505/95-650 new
20 was 20 ILCS 2505/39b52
21 20 ILCS 2505/95-675 new
22 was 20 ILCS 2505/39b50 from Ch. 127, par. 39b50
23 20 ILCS 2505/95-700 new
24 was 20 ILCS 2505/39b13 from Ch. 127, par. 39b13
25 20 ILCS 2505/95-705 new
26 was 20 ILCS 2505/39b14 from Ch. 127, par. 39b14
27 20 ILCS 2505/95-725 new
28 was 20 ILCS 2505/39b46 from Ch. 127, par. 39b46
29 20 ILCS 2505/95-730 new
30 was 20 ILCS 2505/39b23 from Ch. 127, par. 39b23
31 20 ILCS 2505/95-785 new
32 was 20 ILCS 2505/39b34 from Ch. 127, par. 39b34
33 20 ILCS 2505/95-790 new
34 was 20 ILCS 2505/39b33 from Ch. 127, par. 39b33
-729- LRB9000008DJcc
1 20 ILCS 2505/95-795 new
2 was 20 ILCS 2505/39b19 from Ch. 127, par. 39b19
3 20 ILCS 2605/Art. 100 heading new
4 20 ILCS 2605/100-1 new
5 20 ILCS 2605/100-5 new
6 20 ILCS 2605/100-10 new
7 was 20 ILCS 2605/55a,
8 subsec. (A), in part from Ch. 127, par. 55a
9 20 ILCS 2605/100-15 new
10 was 20 ILCS 2605/55a,
11 subdiv. (A)26 from Ch. 127, par. 55a
12 20 ILCS 2605/100-25 new
13 was 20 ILCS 2605/55a-1 from Ch. 127, par. 55a-1
14 20 ILCS 2605/100-30 new
15 was 20 ILCS 2605/55a-2 from Ch. 127, par. 55a-2
16 20 ILCS 2605/100-35 new
17 was 20 ILCS 2605/55a-3 from Ch. 127, par. 55a-3
18 20 ILCS 2605/100-40 new
19 was 20 ILCS 2605/55a-4 from Ch. 127, par. 55a-4
20 20 ILCS 2605/100-45 new
21 was 20 ILCS 2605/55a-5 from Ch. 127, par. 55a-5
22 20 ILCS 2605/100-50 new
23 was 20 ILCS 2605/55a-6 from Ch. 127, par. 55a-6
24 20 ILCS 2605/100-75 new
25 was 20 ILCS 2605/55a,
26 subsec. (C) from Ch. 127, par. 55a
27 20 ILCS 2605/100-100 new
28 was 20 ILCS 2605/55a,
29 subdiv. (A)1 from Ch. 127, par. 55a
30 20 ILCS 2605/100-105 new
31 was 20 ILCS 2605/55a,
32 subdiv. (A)2 from Ch. 127, par. 55a
33 20 ILCS 2605/100-110 new
34 was 20 ILCS 2605/55a,
-730- LRB9000008DJcc
1 subdiv. (A)3 from Ch. 127, par. 55a
2 20 ILCS 2605/100-115 new
3 was 20 ILCS 2605/55a,
4 subdiv. (A)9 from Ch. 127, par. 55a
5 20 ILCS 2605/100-120 new
6 was 20 ILCS 2605/55a,
7 subdiv. (A)10 from Ch. 127, par. 55a
8 20 ILCS 2605/100-130 new
9 was 20 ILCS 2605/55a,
10 subdiv. (A)23 from Ch. 127, par. 55a
11 20 ILCS 2605/100-135 new
12 was 20 ILCS 2605/55c from Ch. 127, par. 55c
13 20 ILCS 2605/100-140 new
14 was 20 ILCS 2605/55a,
15 subdiv. (A)8 from Ch. 127, par. 55a
16 20 ILCS 2605/100-190 new
17 was 20 ILCS 2605/55a,
18 subdiv. (A)11 from Ch. 127, par. 55a
19 20 ILCS 2605/100-200 new
20 was 20 ILCS 2605/55a,
21 subdiv. (A)4 from Ch. 127, par. 55a
22 20 ILCS 2605/100-205 new
23 was 20 ILCS 2605/55a,
24 subdiv. (A)17 from Ch. 127, par. 55a
25 20 ILCS 2605/100-210 new
26 was 20 ILCS 2605/55a,
27 subdiv. (A)29 from Ch. 127, par. 55a
28 20 ILCS 2605/100-215 new
29 was 20 ILCS 2605/55a,
30 subdiv. (A)14 from Ch. 127, par. 55a
31 20 ILCS 2605/100-220 new
32 was 20 ILCS 2605/55a-7 from Ch. 127, par. 55a-7
33 20 ILCS 2605/100-250 new
34 was 20 ILCS 2605/55a,
-731- LRB9000008DJcc
1 subdiv. (A)15 from Ch. 127, par. 55a
2 20 ILCS 2605/100-275 new
3 was 20 ILCS 2605/55a,
4 subdiv. (A)30 from Ch. 127, par. 55a
5 20 ILCS 2605/100-300 new
6 was 20 ILCS 2605/55a,
7 subdiv. (A)5 from Ch. 127, par. 55a
8 20 ILCS 2605/100-305 new
9 was 20 ILCS 2605/55a,
10 subsec. (B) from Ch. 127, par. 55a
11 20 ILCS 2605/100-315 new
12 was 20 ILCS 2605/55a,
13 subdiv. (A)34 from Ch. 127, par. 55a
14 20 ILCS 2605/100-325 new
15 was 20 ILCS 2605/55a,
16 subdiv. (A)25 from Ch. 127, par. 55a
17 20 ILCS 2605/100-335 new
18 was 20 ILCS 2605/55a,
19 subdiv. (A)28 from Ch. 127, par. 55a
20 20 ILCS 2605/100-340 new
21 was 20 ILCS 2605/55a,
22 subdiv. (A)32 from Ch. 127, par. 55a
23 20 ILCS 2605/100-350 new
24 was 20 ILCS 2605/55a,
25 subdiv. (A)18 from Ch. 127, par. 55a
26 20 ILCS 2605/100-355 new
27 was 20 ILCS 2605/55a,
28 subdiv. (A)19 from Ch. 127, par. 55a
29 20 ILCS 2605/100-360 new
30 was 20 ILCS 2605/55a,
31 subdiv. (A)20 from Ch. 127, par. 55a
32 20 ILCS 2605/100-365 new
33 was 20 ILCS 2605/55a,
34 subdiv. (A)21 from Ch. 127, par. 55a
-732- LRB9000008DJcc
1 20 ILCS 2605/100-375 new
2 was 20 ILCS 2605/55a,
3 subdiv. (A)24 from Ch. 127, par. 55a
4 20 ILCS 2605/100-380 new
5 was 20 ILCS 2605/55a-8 from Ch. 127, par. 55a-8
6 20 ILCS 2605/100-390 new
7 was 20 ILCS 2605/55a,
8 subdiv. (A)31 from Ch. 127, par. 55a
9 20 ILCS 2605/100-400 new
10 was 20 ILCS 2605/55a,
11 subdiv. (A)22 from Ch. 127, par. 55a
12 20 ILCS 2605/100-405 new
13 was 20 ILCS 2605/55a,
14 subdiv. (A)33 from Ch. 127, par. 55a
15 20 ILCS 2605/100-420 new
16 was 20 ILCS 2605/55a,
17 subdiv. (A)16 from Ch. 127, par. 55a
18 20 ILCS 2605/100-430 new
19 was 20 ILCS 2605/55a,
20 subdiv. (A)7 from Ch. 127, par. 55a
21 20 ILCS 2605/100-435 new
22 was 20 ILCS 2605/55a,
23 subdiv. (A)27 from Ch. 127, par. 55a
24 20 ILCS 2605/100-500 new
25 was 20 ILCS 2605/55a,
26 subdiv. (A)6 from Ch. 127, par. 55a
27 20 ILCS 2605/100-505 new
28 was 20 ILCS 2605/55b from Ch. 127, par. 55b
29 20 ILCS 2605/100-525 new
30 was 20 ILCS 2605/55a,
31 subdiv. (A)13 from Ch. 127, par. 55a
32 20 ILCS 2605/100-550 new
33 was 20 ILCS 2605/55a,
34 subdiv. (A)12 from Ch. 127, par. 55a
-733- LRB9000008DJcc
1 20 ILCS 2705/Art. 105 heading new
2 20 ILCS 2705/105-1 new
3 20 ILCS 2705/105-5 new
4 20 ILCS 2705/105-10 new
5 was 20 ILCS 2705/49,
6 in part from Ch. 127, par. 49
7 20 ILCS 2705/105-15 new
8 was 20 ILCS 2705/49,
9 in part, and 2705/49.23 from Ch. 127, pars.
10 49 and 49.23
11 20 ILCS 2705/105-90 new
12 was 20 ILCS 2705/49.31 from Ch. 127, par. 49.31
13 20 ILCS 2705/105-100 new
14 was 20 ILCS 2705/49.01a from Ch. 127, par. 49.01a
15 20 ILCS 2705/105-105 new
16 was 20 ILCS 2705/49.06a from Ch. 127, par. 49.06a
17 20 ILCS 2705/105-110 new
18 was 20 ILCS 2705/49.07a from Ch. 127, par. 49.07a
19 20 ILCS 2705/105-115 new
20 was 20 ILCS 2705/49.08a from Ch. 127, par. 49.08a
21 20 ILCS 2705/105-120 new
22 was 20 ILCS 2705/49.11 from Ch. 127, par. 49.11
23 20 ILCS 2705/105-125 new
24 was 20 ILCS 2705/49.22 from Ch. 127, par. 49.22
25 20 ILCS 2705/105-175 new
26 was 20 ILCS 2705/49.24 from Ch. 127, par. 49.24
27 20 ILCS 2705/105-200 new
28 was 20 ILCS 2705/49.16 from Ch. 127, par. 49.16
29 20 ILCS 2705/105-205 new
30 was 20 ILCS 2705/49.21 from Ch. 127, par. 49.21
31 20 ILCS 2705/105-210 new
32 was 20 ILCS 2705/49.15 from Ch. 127, par. 49.15
33 20 ILCS 2705/105-215 new
34 was 20 ILCS 2705/49.27 from Ch. 127, par. 49.27
-734- LRB9000008DJcc
1 20 ILCS 2705/105-225 new
2 was 20 ILCS 2705/49.02a from Ch. 127, par. 49.02a
3 20 ILCS 2705/105-240 new
4 was 20 ILCS 2705/49.17 from Ch. 127, par. 49.17
5 20 ILCS 2705/105-245 new
6 was 20 ILCS 2705/49.20 from Ch. 127, par. 49.20
7 20 ILCS 2705/105-255 new
8 was 20 ILCS 2705/49.14 from Ch. 127, par. 49.14
9 20 ILCS 2705/105-265 new
10 was 20 ILCS 2705/49.33
11 20 ILCS 2705/105-275 new
12 was 20 ILCS 2705/49.25j from Ch. 127, par. 49.25j
13 20 ILCS 2705/105-285 new
14 was 20 ILCS 2705/49.06b from Ch. 127, par. 49.06b
15 20 ILCS 2705/105-300 new
16 was 20 ILCS 2705/49.18 from Ch. 127, par. 49.18
17 20 ILCS 2705/105-305 new
18 was 20 ILCS 2705/49.19 from Ch. 127, par. 49.19
19 20 ILCS 2705/105-310 new
20 was 20 ILCS 2705/49.19a from Ch. 127, par. 49.19a
21 20 ILCS 2705/105-315 new
22 was 20 ILCS 2705/49.19b from Ch. 127, par. 49.19b
23 20 ILCS 2705/105-350 new
24 was 20 ILCS 2705/49.26 from Ch. 127, par. 49.26
25 20 ILCS 2705/105-400 new
26 was 20 ILCS 2705/49.25a from Ch. 127, par. 49.25a
27 20 ILCS 2705/105-405 new
28 was 20 ILCS 2705/49.25b from Ch. 127, par. 49.25b
29 20 ILCS 2705/105-410 new
30 was 20 ILCS 2705/49.25c from Ch. 127, par. 49.25c
31 20 ILCS 2705/105-415 new
32 was 20 ILCS 2705/49.25d from Ch. 127, par. 49.25d
33 20 ILCS 2705/105-420 new
34 was 20 ILCS 2705/49.25e from Ch. 127, par. 49.25e
-735- LRB9000008DJcc
1 20 ILCS 2705/105-425 new
2 was 20 ILCS 2705/49.25f from Ch. 127, par. 49.25f
3 20 ILCS 2705/105-430 new
4 was 20 ILCS 2705/49.25g from Ch. 127, par. 49.25g
5 20 ILCS 2705/105-435 new
6 was 20 ILCS 2705/49.25g-1 from Ch. 127, par. 49.25g-1
7 20 ILCS 2705/105-440 new
8 was 20 ILCS 2705/49.25h from Ch. 127, par. 49.25h
9 20 ILCS 2705/105-445 new
10 was 20 ILCS 2705/49.25i from Ch. 127, par. 49.25i
11 20 ILCS 2705/105-450 new
12 was 20 ILCS 2705/49.25h-1 from Ch. 127, par. 49.25h-1
13 20 ILCS 2705/105-455 new
14 was 20 ILCS 2705/49.32 from Ch. 127, par. 49.32
15 20 ILCS 2705/105-500 new
16 was 20 ILCS 2705/49.29 from Ch. 127, par. 49.29
17 20 ILCS 2705/105-505 new
18 was 20 ILCS 2705/49.30 from Ch. 127, par. 49.30
19 20 ILCS 2705/105-510 new
20 was 20 ILCS 2705/49.15a from Ch. 127, par. 49.15a
21 20 ILCS 2705/105-550 new
22 was 20 ILCS 2705/49.12 from Ch. 127, par. 49.12
23 20 ILCS 2705/105-555 new
24 was 20 ILCS 2705/49.13 from Ch. 127, par. 49.13
25 20 ILCS 2705/105-575 new
26 was 20 ILCS 2705/49.28 from Ch. 127, par. 49.28
27 110 ILCS 355/Art. 150 heading new
28 110 ILCS 355/150-1 new
29 110 ILCS 355/150-5 new
30 was 110 ILCS 355/62 from Ch. 127, par. 62
31 15 ILCS 20/Art. 200 heading new
32 15 ILCS 20/200-1 new
33 15 ILCS 20/200-5 new
34 was 15 ILCS 20/38 from Ch. 127, par. 38
-736- LRB9000008DJcc
1 15 ILCS 20/200-10 new
2 was 15 ILCS 20/38.1 from Ch. 127, par. 38.1
3 15 ILCS 20/200-15 new
4 was 15 ILCS 20/38.2 from Ch. 127, par. 38.2
5 15 ILCS 20/200-20 new
6 was 15 ILCS 20/38.3
7 5 ILCS 620/Art. 205 heading new
8 5 ILCS 620/205-1 new
9 5 ILCS 620/205-5 new
10 was 5 ILCS 620/42 from Ch. 127, par. 42
11 5 ILCS 285/2 from Ch. 127, par. 63b100-2
12 5 ILCS 310/2 from Ch. 127, par. 4302
13 10 ILCS 5/1A-8 from Ch. 46, par. 1A-8
14 15 ILCS 305/13 from Ch. 124, par. 10.3
15 15 ILCS 505/12 from Ch. 130, par. 12
16 20 ILCS 105/5 from Ch. 23, par. 6105
17 20 ILCS 415/8b.1 from Ch. 127, par. 63b108b.1
18 20 ILCS 415/10 from Ch. 127, par. 63b110
19 20 ILCS 505/5 from Ch. 23, par. 5005
20 20 ILCS 1205/6 from Ch. 17, par. 106
21 20 ILCS 2305/2 from Ch. 111 1/2, par. 22
22 20 ILCS 2405/12a from Ch. 23, par. 3443a
23 20 ILCS 2610/1 from Ch. 121, par. 307.1
24 20 ILCS 2610/17a from Ch. 121, par. 307.17a
25 20 ILCS 2630/3 from Ch. 38, par. 206-3
26 20 ILCS 3105/9.08a from Ch. 127, par. 779.08a
27 20 ILCS 3205/5 from Ch. 17, par. 455
28 20 ILCS 3405/5.1 from Ch. 127, par. 2705.1
29 20 ILCS 3405/12 from Ch. 127, par. 2712
30 30 ILCS 105/6p-1 from Ch. 127, par. 142p1
31 30 ILCS 105/6p-2 from Ch. 127, par. 142p2
32 30 ILCS 105/6z-38
33 30 ILCS 105/8.16a from Ch. 127, par. 144.16a
34 30 ILCS 105/8.25 from Ch. 127, par. 144.25
-737- LRB9000008DJcc
1 30 ILCS 105/8.33 from Ch. 127, par. 144.33
2 30 ILCS 105/13.4 from Ch. 127, par. 149.4
3 30 ILCS 105/14 from Ch. 127, par. 150
4 30 ILCS 105/14b from Ch. 127, par. 150b
5 30 ILCS 105/36 from Ch. 127, par. 167.04
6 30 ILCS 110/1 from Ch. 127, par. 168-81
7 30 ILCS 205/2 from Ch. 15, par. 102
8 30 ILCS 230/2 from Ch. 127, par. 171
9 30 ILCS 330/4 from Ch. 127, par. 654
10 30 ILCS 505/5.1 from Ch. 127, par. 132.5-1
11 30 ILCS 740/2-7 from Ch. 111 2/3, par. 667
12 35 ILCS 5/901 from Ch. 120, par. 9-901
13 35 ILCS 145/6 from Ch. 120, par. 481b.36
14 45 ILCS 50/2 from Ch. 96 1/2, par. 4712
15 50 ILCS 445/2 from Ch. 85, par. 872
16 65 ILCS 5/10-2.1-6.2 from Ch. 24, par. 10-2.1-6.2
17 65 ILCS 5/11-4-4 from Ch. 24, par. 11-4-4
18 65 ILCS 5/11-74-2 from Ch. 24, par. 11-74-2
19 70 ILCS 915/4 from Ch. 111 1/2, par. 5005
20 70 ILCS 915/5b from Ch. 111 1/2, par. 5008
21 70 ILCS 3615/4.01 from Ch. 111 2/3, par. 704.01
22 70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09
23 70 ILCS 3615/4.11 from Ch. 111 2/3, par. 704.11
24 105 ILCS 5/2-3.62 from Ch. 122, par. 2-3.62
25 105 ILCS 40/5
26 110 ILCS 305/1a from Ch. 144, par. 22a
27 110 ILCS 935/10 from Ch. 144, par. 1460
28 110 ILCS 978/30
29 210 ILCS 75/2 from Ch. 23, par. 1302
30 215 ILCS 5/401 from Ch. 73, par. 1013
31 220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101
32 225 ILCS 15/19 from Ch. 111, par. 5369
33 225 ILCS 25/42 from Ch. 111, par. 2342
34 225 ILCS 30/110 from Ch. 111, par. 8401-110
-738- LRB9000008DJcc
1 225 ILCS 37/45
2 225 ILCS 37/70
3 225 ILCS 55/100 from Ch. 111, par. 8351-100
4 225 ILCS 60/21 from Ch. 111, par. 4400-21
5 225 ILCS 60/39 from Ch. 111, par. 4400-39
6 225 ILCS 63/130
7 225 ILCS 65/24 from Ch. 111, par. 3524
8 225 ILCS 65/33 from Ch. 111, par. 3533
9 225 ILCS 70/23 from Ch. 111, par. 3673
10 225 ILCS 80/20 from Ch. 111, par. 3920
11 225 ILCS 85/27 from Ch. 111, par. 4147
12 225 ILCS 100/19 from Ch. 111, par. 4819
13 225 ILCS 105/20 from Ch. 111, par. 5020
14 225 ILCS 106/110
15 225 ILCS 107/95
16 225 ILCS 120/35 from Ch. 111, par. 8301-35
17 225 ILCS 305/25 from Ch. 111, par. 1325
18 225 ILCS 305/38 from Ch. 111, par. 1338
19 225 ILCS 310/30 from Ch. 111, par. 8230
20 225 ILCS 315/15 from Ch. 111, par. 8115
21 225 ILCS 315/20 from Ch. 111, par. 8120
22 225 ILCS 325/27 from Ch. 111, par. 5227
23 225 ILCS 325/44 from Ch. 111, par. 5244
24 225 ILCS 330/30 from Ch. 111, par. 3280
25 225 ILCS 330/48 from Ch. 111, par. 3298
26 225 ILCS 335/9.2 from Ch. 111, par. 7509.2
27 225 ILCS 340/23 from Ch. 111, par. 6623
28 225 ILCS 340/36 from Ch. 111, par. 6636
29 225 ILCS 425/17
30 225 ILCS 430/18 from Ch. 111, par. 2419
31 225 ILCS 450/32 from Ch. 111, par. 5537
32 225 ILCS 620/16 from Ch. 111, par. 216
33 225 ILCS 645/2 from Ch. 111, par. 402
34 225 ILCS 655/4.1 from Ch. 111, par. 505
-739- LRB9000008DJcc
1 225 ILCS 745/95
2 230 ILCS 5/9 from Ch. 8, par. 37-9
3 230 ILCS 5/28 from Ch. 8, par. 37-28
4 230 ILCS 5/31 from Ch. 8, par. 37-31
5 230 ILCS 10/5 from Ch. 120, par. 2405
6 230 ILCS 10/22 from Ch. 120, par. 2422
7 235 ILCS 5/6-15 from Ch. 43, par. 130
8 235 ILCS 5/10-1 from Ch. 43, par. 183
9 240 ILCS 10/6 from Ch. 111 2/3, par. 124
10 240 ILCS 40/1-10
11 240 ILCS 40/1-15
12 240 ILCS 40/20-25
13 305 ILCS 5/11-9 from Ch. 23, par. 11-9
14 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
15 405 ILCS 75/1 from Ch. 91 1/2, par. 1751
16 410 ILCS 65/4 from Ch. 111 1/2, par. 8054
17 420 ILCS 5/8 from Ch. 111 1/2, par. 4308
18 425 ILCS 30/21 from Ch. 127 1/2, par. 121
19 430 ILCS 65/15a from Ch. 38, par. 83-15a
20 505 ILCS 80/6a from Ch. 5, par. 55.6a
21 605 ILCS 5/4-101.15 from Ch. 121, par. 4-101.15
22 615 ILCS 45/9 from Ch. 19, par. 37.19
23 625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
24 625 ILCS 5/10-101 from Ch. 95 1/2, par. 10-101
25 720 ILCS 5/32-2 from Ch. 38, par. 32-2
26 720 ILCS 570/305 from Ch. 56 1/2, par. 1305
27 730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
28 730 ILCS 5/3-5-3 from Ch. 38, par. 1003-5-3
29 730 ILCS 5/3-11-1 from Ch. 38, par. 1003-11-1
30 775 ILCS 5/7-105 from Ch. 68, par. 7-105
31 805 ILCS 405/5 from Ch. 96, par. 8
32 810 ILCS 5/1-104a from Ch. 26, par. 1-104a
33 820 ILCS 35/4 from Ch. 10, par. 22
34 820 ILCS 305/1 from Ch. 48, par. 138.1
-740- LRB9000008DJcc
1 820 ILCS 405/243 from Ch. 48, par. 353
2 820 ILCS 405/1511 from Ch. 48, par. 581
3 20 ILCS 605/46.20 rep.