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90_HB1393
SEE INDEX
Amends and repeals various Acts and Sections of Acts to
revise statutes held unconstitutional by the U.S. Supreme
Court, the Illinois Supreme Court, the U.S. Court of Appeals,
Seventh Circuit, and federal district courts in Illinois.
LRB9001889OBpk
LRB9001889OBpk
1 AN ACT to revise the law with respect to statutes that
2 the courts have held unconstitutional.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Labor Relations Act is
6 amended by changing Sections 3, 5, and 6 to exclude the
7 Illinois Supreme Court and its employees from the Act in
8 response to the Illinois Supreme Court decision in
9 Administrative Office of the Illinois Courts v. State and
10 Municipal Teamsters, Chauffeurs and Helpers Union, Local 726,
11 International Brotherhood of Teamsters, AFL-CIO, 167 Ill. 2d
12 180 (1995), which decision held that inclusion of the
13 Illinois Supreme Court and its employees in this Act violates
14 the separation of powers doctrine, the amended Sections to
15 read as follows:
16 (5 ILCS 315/3) (from Ch. 48, par. 1603)
17 (Text of Section before amendment by P.A. 89-685)
18 Sec. 3. Definitions. As used in this Act, unless the
19 context otherwise requires:
20 (a) "Board" or "Governing Board" means either the
21 Illinois State Labor Relations Board or the Illinois Local
22 Labor Relations Board.
23 (b) "Collective bargaining" means bargaining over terms
24 and conditions of employment, including hours, wages, and
25 other conditions of employment, as detailed in Section 7 and
26 which are not excluded by Section 4.
27 (c) "Confidential employee" means an employee who, in
28 the regular course of his or her duties, assists and acts in
29 a confidential capacity to persons who formulate, determine,
30 and effectuate management policies with regard to labor
31 relations or who, in the regular course of his or her duties,
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1 has authorized access to information relating to the
2 effectuation or review of the employer's collective
3 bargaining policies.
4 (d) "Craft employees" means skilled journeymen, crafts
5 persons, and their apprentices and helpers.
6 (e) "Essential services employees" means those public
7 employees performing functions so essential that the
8 interruption or termination of the function will constitute a
9 clear and present danger to the health and safety of the
10 persons in the affected community.
11 (f) "Exclusive representative", except with respect to
12 non-State fire fighters and paramedics employed by fire
13 departments and fire protection districts, non-State peace
14 officers, and peace officers in the Department of State
15 Police, means the labor organization that has been (i)
16 designated by the Board as the representative of a majority
17 of public employees in an appropriate bargaining unit in
18 accordance with the procedures contained in this Act, (ii)
19 historically recognized by the State of Illinois or any
20 political subdivision of the State before July 1, 1984 (the
21 effective date of this Act) as the exclusive representative
22 of the employees in an appropriate bargaining unit, or (iii)
23 after July 1, 1984 (the effective date of this Act)
24 recognized by an employer upon evidence, acceptable to the
25 Board, that the labor organization has been designated as the
26 exclusive representative by a majority of the employees in an
27 appropriate bargaining unit.
28 With respect to non-State fire fighters and paramedics
29 employed by fire departments and fire protection districts,
30 non-State peace officers, and peace officers in the
31 Department of State Police, "exclusive representative" means
32 the labor organization that has been (i) designated by the
33 Board as the representative of a majority of peace officers
34 or fire fighters in an appropriate bargaining unit in
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1 accordance with the procedures contained in this Act, (ii)
2 historically recognized by the State of Illinois or any
3 political subdivision of the State before January 1, 1986
4 (the effective date of this amendatory Act of 1985) as the
5 exclusive representative by a majority of the peace officers
6 or fire fighters in an appropriate bargaining unit, or (iii)
7 after January 1, 1986 (the effective date of this amendatory
8 Act of 1985) recognized by an employer upon evidence,
9 acceptable to the Board, that the labor organization has been
10 designated as the exclusive representative by a majority of
11 the peace officers or fire fighters in an appropriate
12 bargaining unit.
13 (g) "Fair share agreement" means an agreement between
14 the employer and an employee organization under which all or
15 any of the employees in a collective bargaining unit are
16 required to pay their proportionate share of the costs of the
17 collective bargaining process, contract administration, and
18 pursuing matters affecting wages, hours, and other conditions
19 of employment, but not to exceed the amount of dues uniformly
20 required of members. The amount certified by the exclusive
21 representative shall not include any fees for contributions
22 related to the election or support of any candidate for
23 political office. Nothing in this subsection (g) shall
24 preclude an employee from making voluntary political
25 contributions in conjunction with his or her fair share
26 payment.
27 (g-1) "Fire fighter" means, for the purposes of this Act
28 only, any person who has been or is hereafter appointed to a
29 fire department or fire protection district or employed by a
30 state university and sworn or commissioned to perform fire
31 fighter duties or paramedic duties, except that the following
32 persons are not included: part-time fire fighters, auxiliary,
33 reserve or voluntary fire fighters, including paid on-call
34 fire fighters, clerks and dispatchers or other civilian
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1 employees of a fire department or fire protection district
2 who are not routinely expected to perform fire fighter
3 duties, or elected officials.
4 (g-2) "General Assembly of the State of Illinois" means
5 the legislative branch of the government of the State of
6 Illinois, as provided for under Article IV of the
7 Constitution of the State of Illinois, and includes but is
8 not limited to the House of Representatives, the Senate, the
9 Speaker of the House of Representatives, the Minority Leader
10 of the House of Representatives, the President of the Senate,
11 the Minority Leader of the Senate, the Joint Committee on
12 Legislative Support Services and any legislative support
13 services agency listed in the Legislative Commission
14 Reorganization Act of 1984.
15 (h) "Governing body" means, in the case of the State,
16 the State Labor Relations Board, the Director of the
17 Department of Central Management Services, and the Director
18 of the Department of Labor; the county board in the case of a
19 county; the corporate authorities in the case of a
20 municipality; and the appropriate body authorized to provide
21 for expenditures of its funds in the case of any other unit
22 of government.
23 (i) "Labor organization" means any organization in which
24 public employees participate and that exists for the purpose,
25 in whole or in part, of dealing with a public employer
26 concerning wages, hours, and other terms and conditions of
27 employment, including the settlement of grievances.
28 (j) "Managerial employee" means an individual who is
29 engaged predominantly in executive and management functions
30 and is charged with the responsibility of directing the
31 effectuation of management policies and practices.
32 (k) "Peace officer" means, for the purposes of this Act
33 only, any persons who have been or are hereafter appointed to
34 a police force, department, or agency and sworn or
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1 commissioned to perform police duties, except that the
2 following persons are not included: part-time police
3 officers, special police officers, auxiliary police as
4 defined by Section 3.1-30-20 of the Illinois Municipal Code,
5 night watchmen, "merchant police", temporary employees,
6 traffic guards or wardens, civilian parking meter and parking
7 facilities personnel or other individuals specially appointed
8 to aid or direct traffic at or near schools or public
9 functions or to aid in civil defense or disaster, parking
10 enforcement employees who are not commissioned as peace
11 officers and who are not armed and who are not routinely
12 expected to effect arrests, parking lot attendants, clerks
13 and dispatchers or other civilian employees of a police
14 department who are not routinely expected to effect arrests,
15 or elected officials.
16 (l) "Person" includes one or more individuals, labor
17 organizations, public employees, associations, corporations,
18 legal representatives, trustees, trustees in bankruptcy,
19 receivers, or the State of Illinois or any political
20 subdivision of the State or governing body, but does not
21 include the General Assembly of the State of Illinois or any
22 individual employed by the General Assembly of the State of
23 Illinois.
24 (m) "Professional employee" means any employee engaged
25 in work predominantly intellectual and varied in character
26 rather than routine mental, manual, mechanical or physical
27 work; involving the consistent exercise of discretion and
28 adjustment in its performance; of such a character that the
29 output produced or the result accomplished cannot be
30 standardized in relation to a given period of time; and
31 requiring advanced knowledge in a field of science or
32 learning customarily acquired by a prolonged course of
33 specialized intellectual instruction and study in an
34 institution of higher learning or a hospital, as
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1 distinguished from a general academic education or from
2 apprenticeship or from training in the performance of routine
3 mental, manual, or physical processes; or any employee who
4 has completed the courses of specialized intellectual
5 instruction and study prescribed in this subsection (m) and
6 is performing related work under the supervision of a
7 professional person to qualify to become a professional
8 employee as defined in this subsection (m).
9 (n) "Public employee" or "employee", for the purposes of
10 this Act, means any individual employed by a public employer,
11 including interns and residents at public hospitals, but
12 excluding all of the following: employees of the General
13 Assembly of the State of Illinois; elected officials;
14 executive heads of a department; members of boards or
15 commissions; employees of any agency, board or commission
16 created by this Act; employees appointed to State positions
17 of a temporary or emergency nature; all employees of school
18 districts and higher education institutions except
19 firefighters and peace officers employed by a state
20 university; managerial employees; short-term employees;
21 confidential employees; independent contractors; and
22 supervisors except as provided in this Act.
23 Notwithstanding Section 9, subsection (c), or any other
24 provisions of this Act, all peace officers above the rank of
25 captain in municipalities with more than 1,000,000
26 inhabitants shall be excluded from this Act.
27 (o) "Public employer" or "employer" means the State of
28 Illinois; any political subdivision of the State, unit of
29 local government or school district; authorities including
30 departments, divisions, bureaus, boards, commissions, or
31 other agencies of the foregoing entities; and any person
32 acting within the scope of his or her authority, express or
33 implied, on behalf of those entities in dealing with its
34 employees. "Public employer" or "employer" as used in this
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1 Act, however, does not mean and shall not include the General
2 Assembly of the State of Illinois and educational employers
3 or employers as defined in the Illinois Educational Labor
4 Relations Act, except with respect to a state university in
5 its employment of firefighters and peace officers. County
6 boards and county sheriffs shall be designated as joint or
7 co-employers of county peace officers appointed under the
8 authority of a county sheriff. Nothing in this subsection
9 (o) shall be construed to prevent the State Board or the
10 Local Board from determining that employers are joint or
11 co-employers.
12 (p) "Security employee" means an employee who is
13 responsible for the supervision and control of inmates at
14 correctional facilities. The term also includes other
15 non-security employees in bargaining units having the
16 majority of employees being responsible for the supervision
17 and control of inmates at correctional facilities.
18 (q) "Short-term employee" means an employee who is
19 employed for less that 2 consecutive calendar quarters during
20 a calendar year and who does not have a reasonable assurance
21 that he or she will be rehired by the same employer for the
22 same service in a subsequent calendar year.
23 (r) "Supervisor" is an employee whose principal work is
24 substantially different from that of his or her subordinates
25 and who has authority, in the interest of the employer, to
26 hire, transfer, suspend, lay off, recall, promote, discharge,
27 direct, reward, or discipline employees, to adjust their
28 grievances, or to effectively recommend any of those actions,
29 if the exercise of that authority is not of a merely routine
30 or clerical nature, but requires the consistent use of
31 independent judgment. Except with respect to police
32 employment, the term "supervisor" includes only those
33 individuals who devote a preponderance of their employment
34 time to exercising that authority, State supervisors
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1 notwithstanding. In addition, in determining supervisory
2 status in police employment, rank shall not be determinative.
3 The Board shall consider, as evidence of bargaining unit
4 inclusion or exclusion, the common law enforcement policies
5 and relationships between police officer ranks and
6 certification under applicable civil service law, ordinances,
7 personnel codes, or Division 2.1 of Article 10 of the
8 Illinois Municipal Code, but these factors shall not be the
9 sole or predominant factors considered by the Board in
10 determining police supervisory status.
11 Notwithstanding the provisions of the preceding
12 paragraph, in determining supervisory status in fire fighter
13 employment, no fire fighter shall be excluded as a supervisor
14 who has established representation rights under Section 9 of
15 this Act. Further, in new fire fighter units, employees
16 shall consist of fire fighters of the rank of company officer
17 and below. If a company officer otherwise qualifies as a
18 supervisor under the preceding paragraph, however, he or she
19 shall not be included in the fire fighter unit. If there is
20 no rank between that of chief and the highest company
21 officer, the employer may designate a position on each shift
22 as a Shift Commander, and the persons occupying those
23 positions shall be supervisors. All other ranks above that
24 of company officer shall be supervisors.
25 (s) (1) "Unit" means a class of jobs or positions that
26 are held by employees whose collective interests may suitably
27 be represented by a labor organization for collective
28 bargaining. Except with respect to non-State fire fighters
29 and paramedics employed by fire departments and fire
30 protection districts, non-State peace officers, and peace
31 officers in the Department of State Police, a bargaining unit
32 determined by the Board shall not include both employees and
33 supervisors, or supervisors only, except as provided in
34 paragraph (2) of this subsection (s) and except for
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1 bargaining units in existence on July 1, 1984 (the effective
2 date of this Act). With respect to non-State fire fighters
3 and paramedics employed by fire departments and fire
4 protection districts, non-State peace officers, and peace
5 officers in the Department of State Police, a bargaining unit
6 determined by the Board shall not include both supervisors
7 and nonsupervisors, or supervisors only, except as provided
8 in paragraph (2) of this subsection (s) and except for
9 bargaining units in existence on January 1, 1986 (the
10 effective date of this amendatory Act of 1985). A bargaining
11 unit determined by the Board to contain peace officers shall
12 contain no employees other than peace officers unless
13 otherwise agreed to by the employer and the labor
14 organization or labor organizations involved.
15 Notwithstanding any other provision of this Act, a bargaining
16 unit, including a historical bargaining unit, containing
17 sworn peace officers of the Department of Natural Resources
18 (formerly designated the Department of Conservation) shall
19 contain no employees other than such sworn peace officers
20 upon the effective date of this amendatory Act of 1990 or
21 upon the expiration date of any collective bargaining
22 agreement in effect upon the effective date of this
23 amendatory Act of 1990 covering both such sworn peace
24 officers and other employees.
25 (2) Notwithstanding the exclusion of supervisors from
26 bargaining units as provided in paragraph (1) of this
27 subsection (s), a public employer may agree to permit its
28 supervisory employees to form bargaining units and may
29 bargain with those units. This Act shall apply if the public
30 employer chooses to bargain under this subsection.
31 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
32 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; revised 10-3-96.)
33 (Text of Section after amendment by P.A. 89-685)
34 Sec. 3. Definitions. As used in this Act, unless the
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1 context otherwise requires:
2 (a) "Board" or "Governing Board" means either the
3 Illinois State Labor Relations Board or the Illinois Local
4 Labor Relations Board.
5 (b) "Collective bargaining" means bargaining over terms
6 and conditions of employment, including hours, wages, and
7 other conditions of employment, as detailed in Section 7 and
8 which are not excluded by Section 4.
9 (c) "Confidential employee" means an employee who, in
10 the regular course of his or her duties, assists and acts in
11 a confidential capacity to persons who formulate, determine,
12 and effectuate management policies with regard to labor
13 relations or who, in the regular course of his or her duties,
14 has authorized access to information relating to the
15 effectuation or review of the employer's collective
16 bargaining policies.
17 (d) "Craft employees" means skilled journeymen, crafts
18 persons, and their apprentices and helpers.
19 (e) "Essential services employees" means those public
20 employees performing functions so essential that the
21 interruption or termination of the function will constitute a
22 clear and present danger to the health and safety of the
23 persons in the affected community.
24 (f) "Exclusive representative", except with respect to
25 non-State fire fighters and paramedics employed by fire
26 departments and fire protection districts, non-State peace
27 officers, and peace officers in the Department of State
28 Police, means the labor organization that has been (i)
29 designated by the Board as the representative of a majority
30 of public employees in an appropriate bargaining unit in
31 accordance with the procedures contained in this Act, (ii)
32 historically recognized by the State of Illinois or any
33 political subdivision of the State before July 1, 1984 (the
34 effective date of this Act) as the exclusive representative
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1 of the employees in an appropriate bargaining unit, or (iii)
2 after July 1, 1984 (the effective date of this Act)
3 recognized by an employer upon evidence, acceptable to the
4 Board, that the labor organization has been designated as the
5 exclusive representative by a majority of the employees in an
6 appropriate bargaining unit.
7 With respect to non-State fire fighters and paramedics
8 employed by fire departments and fire protection districts,
9 non-State peace officers, and peace officers in the
10 Department of State Police, "exclusive representative" means
11 the labor organization that has been (i) designated by the
12 Board as the representative of a majority of peace officers
13 or fire fighters in an appropriate bargaining unit in
14 accordance with the procedures contained in this Act, (ii)
15 historically recognized by the State of Illinois or any
16 political subdivision of the State before January 1, 1986
17 (the effective date of this amendatory Act of 1985) as the
18 exclusive representative by a majority of the peace officers
19 or fire fighters in an appropriate bargaining unit, or (iii)
20 after January 1, 1986 (the effective date of this amendatory
21 Act of 1985) recognized by an employer upon evidence,
22 acceptable to the Board, that the labor organization has been
23 designated as the exclusive representative by a majority of
24 the peace officers or fire fighters in an appropriate
25 bargaining unit.
26 (g) "Fair share agreement" means an agreement between
27 the employer and an employee organization under which all or
28 any of the employees in a collective bargaining unit are
29 required to pay their proportionate share of the costs of the
30 collective bargaining process, contract administration, and
31 pursuing matters affecting wages, hours, and other conditions
32 of employment, but not to exceed the amount of dues uniformly
33 required of members. The amount certified by the exclusive
34 representative shall not include any fees for contributions
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1 related to the election or support of any candidate for
2 political office. Nothing in this subsection (g) shall
3 preclude an employee from making voluntary political
4 contributions in conjunction with his or her fair share
5 payment.
6 (g-1) "Fire fighter" means, for the purposes of this Act
7 only, any person who has been or is hereafter appointed to a
8 fire department or fire protection district or employed by a
9 state university and sworn or commissioned to perform fire
10 fighter duties or paramedic duties, except that the following
11 persons are not included: part-time fire fighters, auxiliary,
12 reserve or voluntary fire fighters, including paid on-call
13 fire fighters, clerks and dispatchers or other civilian
14 employees of a fire department or fire protection district
15 who are not routinely expected to perform fire fighter
16 duties, or elected officials.
17 (g-2) "General Assembly of the State of Illinois" means
18 the legislative branch of the government of the State of
19 Illinois, as provided for under Article IV of the
20 Constitution of the State of Illinois, and includes but is
21 not limited to the House of Representatives, the Senate, the
22 Speaker of the House of Representatives, the Minority Leader
23 of the House of Representatives, the President of the Senate,
24 the Minority Leader of the Senate, the Joint Committee on
25 Legislative Support Services and any legislative support
26 services agency listed in the Legislative Commission
27 Reorganization Act of 1984.
28 (h) "Governing body" means, in the case of the State,
29 the State Labor Relations Board, the Director of the
30 Department of Central Management Services, and the Director
31 of the Department of Labor; the county board in the case of a
32 county; the corporate authorities in the case of a
33 municipality; and the appropriate body authorized to provide
34 for expenditures of its funds in the case of any other unit
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1 of government.
2 (i) "Labor organization" means any organization in which
3 public employees participate and that exists for the purpose,
4 in whole or in part, of dealing with a public employer
5 concerning wages, hours, and other terms and conditions of
6 employment, including the settlement of grievances.
7 (j) "Managerial employee" means an individual who is
8 engaged predominantly in executive and management functions
9 and is charged with the responsibility of directing the
10 effectuation of management policies and practices.
11 (k) "Peace officer" means, for the purposes of this Act
12 only, any persons who have been or are hereafter appointed to
13 a police force, department, or agency and sworn or
14 commissioned to perform police duties, except that the
15 following persons are not included: part-time police
16 officers, special police officers, auxiliary police as
17 defined by Section 3.1-30-20 of the Illinois Municipal Code,
18 night watchmen, "merchant police", court security officers as
19 defined by Section 3-6012.1 of the Counties Code, temporary
20 employees, traffic guards or wardens, civilian parking meter
21 and parking facilities personnel or other individuals
22 specially appointed to aid or direct traffic at or near
23 schools or public functions or to aid in civil defense or
24 disaster, parking enforcement employees who are not
25 commissioned as peace officers and who are not armed and who
26 are not routinely expected to effect arrests, parking lot
27 attendants, clerks and dispatchers or other civilian
28 employees of a police department who are not routinely
29 expected to effect arrests, or elected officials.
30 (l) "Person" includes one or more individuals, labor
31 organizations, public employees, associations, corporations,
32 legal representatives, trustees, trustees in bankruptcy,
33 receivers, or the State of Illinois or any political
34 subdivision of the State or governing body, but does not
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1 include the General Assembly of the State of Illinois or any
2 individual employed by the General Assembly of the State of
3 Illinois or the Illinois Supreme Court or any individual
4 employed by the Illinois Supreme Court.
5 (m) "Professional employee" means any employee engaged
6 in work predominantly intellectual and varied in character
7 rather than routine mental, manual, mechanical or physical
8 work; involving the consistent exercise of discretion and
9 adjustment in its performance; of such a character that the
10 output produced or the result accomplished cannot be
11 standardized in relation to a given period of time; and
12 requiring advanced knowledge in a field of science or
13 learning customarily acquired by a prolonged course of
14 specialized intellectual instruction and study in an
15 institution of higher learning or a hospital, as
16 distinguished from a general academic education or from
17 apprenticeship or from training in the performance of routine
18 mental, manual, or physical processes; or any employee who
19 has completed the courses of specialized intellectual
20 instruction and study prescribed in this subsection (m) and
21 is performing related work under the supervision of a
22 professional person to qualify to become a professional
23 employee as defined in this subsection (m).
24 (n) "Public employee" or "employee", for the purposes of
25 this Act, means any individual employed by a public employer,
26 including interns and residents at public hospitals, but
27 excluding all of the following: employees of the General
28 Assembly of the State of Illinois; employees of the Illinois
29 Supreme Court; elected officials; executive heads of a
30 department; members of boards or commissions; employees of
31 any agency, board or commission created by this Act;
32 employees appointed to State positions of a temporary or
33 emergency nature; all employees of school districts and
34 higher education institutions except firefighters and peace
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1 officers employed by a state university; managerial
2 employees; short-term employees; confidential employees;
3 independent contractors; and supervisors except as provided
4 in this Act.
5 Notwithstanding Section 9, subsection (c), or any other
6 provisions of this Act, all peace officers above the rank of
7 captain in municipalities with more than 1,000,000
8 inhabitants shall be excluded from this Act.
9 (o) "Public employer" or "employer" means the State of
10 Illinois; any political subdivision of the State, unit of
11 local government or school district; authorities including
12 departments, divisions, bureaus, boards, commissions, or
13 other agencies of the foregoing entities; and any person
14 acting within the scope of his or her authority, express or
15 implied, on behalf of those entities in dealing with its
16 employees. "Public employer" or "employer" as used in this
17 Act, however, does not mean and shall not include the General
18 Assembly of the State of Illinois, the Illinois Supreme
19 Court, and educational employers or employers as defined in
20 the Illinois Educational Labor Relations Act, except with
21 respect to a state university in its employment of
22 firefighters and peace officers. County boards and county
23 sheriffs shall be designated as joint or co-employers of
24 county peace officers appointed under the authority of a
25 county sheriff. Nothing in this subsection (o) shall be
26 construed to prevent the State Board or the Local Board from
27 determining that employers are joint or co-employers.
28 (p) "Security employee" means an employee who is
29 responsible for the supervision and control of inmates at
30 correctional facilities. The term also includes other
31 non-security employees in bargaining units having the
32 majority of employees being responsible for the supervision
33 and control of inmates at correctional facilities.
34 (q) "Short-term employee" means an employee who is
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1 employed for less that 2 consecutive calendar quarters during
2 a calendar year and who does not have a reasonable assurance
3 that he or she will be rehired by the same employer for the
4 same service in a subsequent calendar year.
5 (r) "Supervisor" is an employee whose principal work is
6 substantially different from that of his or her subordinates
7 and who has authority, in the interest of the employer, to
8 hire, transfer, suspend, lay off, recall, promote, discharge,
9 direct, reward, or discipline employees, to adjust their
10 grievances, or to effectively recommend any of those actions,
11 if the exercise of that authority is not of a merely routine
12 or clerical nature, but requires the consistent use of
13 independent judgment. Except with respect to police
14 employment, the term "supervisor" includes only those
15 individuals who devote a preponderance of their employment
16 time to exercising that authority, State supervisors
17 notwithstanding. In addition, in determining supervisory
18 status in police employment, rank shall not be determinative.
19 The Board shall consider, as evidence of bargaining unit
20 inclusion or exclusion, the common law enforcement policies
21 and relationships between police officer ranks and
22 certification under applicable civil service law, ordinances,
23 personnel codes, or Division 2.1 of Article 10 of the
24 Illinois Municipal Code, but these factors shall not be the
25 sole or predominant factors considered by the Board in
26 determining police supervisory status.
27 Notwithstanding the provisions of the preceding
28 paragraph, in determining supervisory status in fire fighter
29 employment, no fire fighter shall be excluded as a supervisor
30 who has established representation rights under Section 9 of
31 this Act. Further, in new fire fighter units, employees
32 shall consist of fire fighters of the rank of company officer
33 and below. If a company officer otherwise qualifies as a
34 supervisor under the preceding paragraph, however, he or she
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1 shall not be included in the fire fighter unit. If there is
2 no rank between that of chief and the highest company
3 officer, the employer may designate a position on each shift
4 as a Shift Commander, and the persons occupying those
5 positions shall be supervisors. All other ranks above that
6 of company officer shall be supervisors.
7 (s) (1) "Unit" means a class of jobs or positions that
8 are held by employees whose collective interests may suitably
9 be represented by a labor organization for collective
10 bargaining. Except with respect to non-State fire fighters
11 and paramedics employed by fire departments and fire
12 protection districts, non-State peace officers, and peace
13 officers in the Department of State Police, a bargaining unit
14 determined by the Board shall not include both employees and
15 supervisors, or supervisors only, except as provided in
16 paragraph (2) of this subsection (s) and except for
17 bargaining units in existence on July 1, 1984 (the effective
18 date of this Act). With respect to non-State fire fighters
19 and paramedics employed by fire departments and fire
20 protection districts, non-State peace officers, and peace
21 officers in the Department of State Police, a bargaining unit
22 determined by the Board shall not include both supervisors
23 and nonsupervisors, or supervisors only, except as provided
24 in paragraph (2) of this subsection (s) and except for
25 bargaining units in existence on January 1, 1986 (the
26 effective date of this amendatory Act of 1985). A bargaining
27 unit determined by the Board to contain peace officers shall
28 contain no employees other than peace officers unless
29 otherwise agreed to by the employer and the labor
30 organization or labor organizations involved.
31 Notwithstanding any other provision of this Act, a bargaining
32 unit, including a historical bargaining unit, containing
33 sworn peace officers of the Department of Natural Resources
34 (formerly designated the Department of Conservation) shall
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1 contain no employees other than such sworn peace officers
2 upon the effective date of this amendatory Act of 1990 or
3 upon the expiration date of any collective bargaining
4 agreement in effect upon the effective date of this
5 amendatory Act of 1990 covering both such sworn peace
6 officers and other employees.
7 (2) Notwithstanding the exclusion of supervisors from
8 bargaining units as provided in paragraph (1) of this
9 subsection (s), a public employer may agree to permit its
10 supervisory employees to form bargaining units and may
11 bargain with those units. This Act shall apply if the public
12 employer chooses to bargain under this subsection.
13 (Source: P.A. 89-108, eff. 7-7-95; 89-409, eff. 11-15-95;
14 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 89-685, eff.
15 6-1-97; revised 1-14-97.)
16 (5 ILCS 315/5) (from Ch. 48, par. 1605)
17 Sec. 5. Illinois Labor Relations Boards. (a) There is
18 created the Illinois State Labor Relations Board ("State
19 Board") which shall have jurisdiction over collective
20 bargaining matters between employee organizations and the
21 State of Illinois, excluding the General Assembly of the
22 State of Illinois and the Illinois Supreme Court, between
23 employee organizations and units of local government and
24 school districts with a population not in excess of 1 million
25 persons, and between employee organizations and the Regional
26 Transportation Authority. The State Board shall consist of 3
27 members appointed by the Governor, with the advice and
28 consent of the Senate. The Governor shall appoint to the
29 State Board only persons who have had a minimum of 5 years of
30 experience directly related to labor and employment relations
31 in representing public employers, private employers or labor
32 organizations; or teaching labor or employment relations; or
33 administering executive orders or regulations applicable to
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1 labor or employment relations. At the time of his or her
2 appointment, each member of the State Board shall be an
3 Illinois resident. The Governor shall designate one member
4 to serve as the Chairman of the State Board. The Chairman
5 shall initially be appointed for a term of two years. The
6 second member shall serve for a term of 3 years, and the
7 third member shall serve a term of 4 years. Each subsequent
8 member shall be appointed for a term of 4 years. Upon
9 expiration of the term of office of any appointive member,
10 that member shall continue to serve until a successor shall
11 be appointed and qualified. In case of a vacancy, a
12 successor shall be appointed to serve for the unexpired
13 portion of the term. The terms of members shall commence on
14 the 4th Monday in January of the year they are appointed
15 except that if the Senate is not in session at the time the
16 initial appointments are made, the Governor shall make
17 temporary appointments in the same manner successors are
18 appointed to fill vacancies. A temporary appointment shall
19 remain in effect no longer than 20 calendar days after the
20 commencement of the next Senate session.
21 (b) There is created the Illinois Local Labor Relations
22 Board ("Local Board") which shall have jurisdiction over
23 collective bargaining agreement matters between employee
24 organizations and units of local government with a population
25 in excess of 1 million persons, but excluding the Regional
26 Transportation Authority. The Local Board shall consist of
27 the Chairman of the State Board and two additional members,
28 one appointed by the Mayor of the City of Chicago and one
29 appointed by the President of the Cook County Board of
30 Commissioners. Appointees to the Local Board must have had a
31 minimum of 5 years of experience directly related to labor
32 and employment relations in representing public employers,
33 private employers or labor organizations; or teaching labor
34 or employment relations; or administering executive orders or
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1 regulations applicable to labor or employment relations. Each
2 member of the Local Board shall be an Illinois resident at
3 the time of his or her appointment. The Chairman of the
4 State Board shall serve as the Chairman of the Local Board.
5 The member initially appointed by the President of the Cook
6 County Board shall serve for a term of 3 years and the member
7 appointed by the Mayor of the City of Chicago shall serve for
8 a term of 4 years. Each subsequent member shall be appointed
9 for a term of 4 years. Upon expiration of the term of office
10 of any appointive member, the member shall continue to serve
11 until a successor shall be appointed and qualified. In the
12 case of a vacancy, a successor shall be appointed by the
13 applicable appointive authority to serve for the unexpired
14 portion of the term. The terms of members shall commence on
15 the 4th Monday in January of the year they are appointed.
16 (c) Two members of each governing board shall at all
17 times constitute a quorum. A vacancy on a governing board
18 does not impair the right of the 2 remaining members to
19 exercise all of the powers of that board. Each governing
20 board shall adopt an official seal which shall be judicially
21 noticed. The salary of the Chairman shall be $50,000 per
22 year, or as set by the Compensation Review Board, whichever
23 is greater, and that of the other members of the State Board
24 and the Local Board shall be $45,000 per year, or as set by
25 the Compensation Review Board, whichever is greater.
26 (d) No member shall hold any other public office or be
27 employed as a labor or management representative by the State
28 or any political subdivision of the State or of any
29 department or agency thereof, or actively represent or act on
30 behalf of an employer or an employee organization or an
31 employer in labor relations matters. Any member of the State
32 Board may be removed from office by the Governor for
33 inefficiency, neglect of duty, misconduct or malfeasance in
34 office, and for no other cause, and only upon notice and
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1 hearing. Any member of the Local Board may be removed from
2 office by the applicable appointive authority for
3 inefficiency, neglect of duty, misconduct or malfeasance in
4 office, and for no other cause, and only upon notice and
5 hearing.
6 (e) Each governing board at the end of every State
7 fiscal year shall make a report in writing to the Governor
8 and the General Assembly, stating in detail the work it has
9 done in hearing and deciding cases and otherwise.
10 (f) In order to accomplish the objectives and carry out
11 the duties prescribed by this Act, the governing boards or
12 their authorized designees may hold elections to determine
13 whether a labor organization has majority status; investigate
14 and attempt to resolve or settle charges of unfair labor
15 practices; hold hearings in order to carry out its functions;
16 develop and effectuate appropriate impasse resolution
17 procedures for purposes of resolving labor disputes; require
18 the appearance of witnesses and the production of evidence on
19 any matter under inquiry; and administer oaths and
20 affirmations. The governing boards shall sign and report in
21 full an opinion in every case which they decide.
22 (g) Each governing board may appoint or employ an
23 executive director, attorneys, hearing officers, mediators,
24 fact-finders, arbitrators, and such other employees as they
25 deem necessary to perform their functions. The governing
26 boards shall prescribe the duties and qualifications of such
27 persons appointed and, subject to the annual appropriation,
28 fix their compensation and provide for reimbursement of
29 actual and necessary expenses incurred in the performance of
30 their duties.
31 (h) Each governing board shall exercise general
32 supervision over all attorneys which it employs and over the
33 other persons employed to provide necessary support services
34 for such attorneys. The governing boards shall have final
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1 authority in respect to complaints brought pursuant to this
2 Act.
3 (i) The following rules and regulations shall be adopted
4 by the governing boards meeting in joint session: (1)
5 procedural rules and regulations which shall govern all Board
6 proceedings; (2) procedures for election of exclusive
7 bargaining representatives pursuant to Section 9, except for
8 the determination of appropriate bargaining units; (3)
9 appointment of counsel pursuant to subsection (k) of this
10 Section.
11 (j) Rules and regulations may be adopted, amended or
12 rescinded only upon a vote of four of the five members of the
13 State Board and the Local Board meeting in joint session.
14 The adoption, amendment or rescission of rules and
15 regulations shall be in conformity with the requirements of
16 the Illinois Administrative Procedure Act.
17 (k) The Governing Boards in joint session shall
18 promulgate rules and regulations providing for the
19 appointment of attorneys or other Board representatives to
20 represent persons in unfair labor practice proceedings before
21 a governing board. The regulations governing appointment
22 shall require the applicant to demonstrate an inability to
23 pay for or inability to otherwise provide for adequate
24 representation before a governing board. Such rules must
25 also provide: (1) that an attorney may not be appointed in
26 cases which, in the opinion of a Board, are clearly without
27 merit; (2) the stage of the unfair labor proceeding at which
28 counsel will be appointed; and (3) the circumstances under
29 which a client will be allowed to select counsel.
30 (1) The governing boards in joint session may promulgate
31 rules and regulations which allow parties in proceedings
32 before a governing board to be represented by counsel or any
33 other representative of the party's choice.
34 (m) The Chairman of the governing boards shall serve as
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1 Chairman of a joint session of the governing boards.
2 Attendance of at least one member from each governing board,
3 in addition to the Chairman, shall constitute a quorum at a
4 joint session. The governing boards shall meet in joint
5 session within 60 days of the effective date of this Act and
6 at least annually thereafter.
7 (Source: P.A. 85-1440.)
8 (5 ILCS 315/6) (from Ch. 48, par. 1606)
9 Sec. 6. Right to organize and bargain collectively;
10 exclusive representation; and fair share arrangements. (a)
11 Employees of the State and any political subdivision of the
12 State, excluding employees of the General Assembly of the
13 State of Illinois and employees of the Illinois Supreme
14 Court, have, and are protected in the exercise of, the right
15 of self-organization, and may form, join or assist any labor
16 organization, to bargain collectively through representatives
17 of their own choosing on questions of wages, hours and other
18 conditions of employment, not excluded by Section 4 of this
19 Act, and to engage in other concerted activities not
20 otherwise prohibited by law for the purposes of collective
21 bargaining or other mutual aid or protection, free from
22 interference, restraint or coercion. Employees also have,
23 and are protected in the exercise of, the right to refrain
24 from participating in any such concerted activities.
25 Employees may be required, pursuant to the terms of a lawful
26 fair share agreement, to pay a fee which shall be their
27 proportionate share of the costs of the collective bargaining
28 process, contract administration and pursuing matters
29 affecting wages, hours and other conditions of employment as
30 defined in Section 3(g).
31 (b) Nothing in this Act prevents an employee from
32 presenting a grievance to the employer and having the
33 grievance heard and settled without the intervention of an
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1 employee organization; provided that the exclusive bargaining
2 representative is afforded the opportunity to be present at
3 such conference and that any settlement made shall not be
4 inconsistent with the terms of any agreement in effect
5 between the employer and the exclusive bargaining
6 representative.
7 (c) A labor organization designated by the Board as the
8 representative of the majority of public employees in an
9 appropriate unit in accordance with the procedures herein or
10 recognized by a public employer as the representative of the
11 majority of public employees in an appropriate unit is the
12 exclusive representative for the employees of such unit for
13 the purpose of collective bargaining with respect to rates of
14 pay, wages, hours and other conditions of employment not
15 excluded by Section 4 of this Act.
16 (d) Labor organizations recognized by a public employer
17 as the exclusive representative or so designated in
18 accordance with the provisions of this Act are responsible
19 for representing the interests of all public employees in the
20 unit. Nothing herein shall be construed to limit an
21 exclusive representative's right to exercise its discretion
22 to refuse to process grievances of employees that are
23 unmeritorious.
24 (e) When a collective bargaining agreement is entered
25 into with an exclusive representative, it may include in the
26 agreement a provision requiring employees covered by the
27 agreement who are not members of the organization to pay
28 their proportionate share of the costs of the collective
29 bargaining process, contract administration and pursuing
30 matters affecting wages, hours and conditions of employment,
31 as defined in Section 3 (g), but not to exceed the amount of
32 dues uniformly required of members. The organization shall
33 certify to the employer the amount constituting each
34 nonmember employee's proportionate share which shall not
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1 exceed dues uniformly required of members. In such case, the
2 proportionate share payment in this Section shall be deducted
3 by the employer from the earnings of the nonmember employees
4 and paid to the employee organization.
5 (f) Only the exclusive representative may negotiate
6 provisions in a collective bargaining agreement providing for
7 the payroll deduction of labor organization dues, fair share
8 payment, initiation fees and assessments. Except as provided
9 in subsection (e) of this Section, any such deductions shall
10 only be made upon an employee's written authorization, and
11 continued until revoked in writing in the same manner or
12 until the termination date of an applicable collective
13 bargaining agreement. Such payments shall be paid to the
14 exclusive representative.
15 (g) Agreements containing a fair share agreement must
16 safeguard the right of nonassociation of employees based upon
17 bona fide religious tenets or teachings of a church or
18 religious body of which such employees are members. Such
19 employees may be required to pay an amount equal to their
20 fair share, determined under a lawful fair share agreement,
21 to a nonreligious charitable organization mutually agreed
22 upon by the employees affected and the exclusive bargaining
23 representative to which such employees would otherwise pay
24 such service fee. If the affected employees and the
25 bargaining representative are unable to reach an agreement on
26 the matter, the Board may establish an approved list of
27 charitable organizations to which such payments may be made.
28 (Source: P.A. 85-1032.)
29 (10 ILCS 5/7-10.1 rep.)
30 Section 10. The Election Code is amended by repealing
31 Section 7-10.1, which requires a candidate or nominee to sign
32 a loyalty oath and which was held to violate the First and
33 Fourteenth Amendments to the U.S. Constitution by the United
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1 States District Court for the Northern District of Illinois,
2 Eastern Division, in Communist Party of Illinois v. Ogilvie,
3 357 F. Supp. 105 (1972).
4 Section 15. The Election Code is amended by changing
5 Sections 7-60, 7-60.1, 8-8, and 10-5 to remove
6 cross-references to Section 7-10.1 of the Election Code which
7 is repealed in the preceding Section, the amended Sections to
8 read as follows:
9 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
10 Sec. 7-60. Not less than 67 days before the date of the
11 general election, the State Board of Elections shall certify
12 to the county clerks the names of each of the candidates who
13 have been nominated as shown by the proclamation of the State
14 Board of Elections as a canvassing board or who have been
15 nominated to fill a vacancy in nomination and direct the
16 election authority to place upon the official ballot for the
17 general election the names of such candidates in the same
18 manner and in the same order as shown upon the certification,
19 except as otherwise provided in this Section.
20 Not less than 61 days before the date of the general
21 election, each county clerk shall certify the names of each
22 of the candidates for county offices who have been nominated
23 as shown by the proclamation of the county canvassing board
24 or who have been nominated to fill a vacancy in nomination
25 and declare that the names of such candidates for the
26 respective offices shall be placed upon the official ballot
27 for the general election in the same manner and in the same
28 order as shown upon the certification, except as otherwise
29 provided by this Section. Each county clerk shall place a
30 copy of the certification on file in his or her office and at
31 the same time issue to the State Board of Elections a copy of
32 such certification. In addition, each county clerk in whose
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1 county there is a board of election commissioners shall, not
2 less than 61 days before the date of the general election,
3 issue to such board a copy of the certification that has been
4 filed in the county clerk's office, together with a copy of
5 the certification that has been issued to the clerk by the
6 State Board of Elections, with directions to the board of
7 election commissioners to place upon the official ballot for
8 the general election in that election jurisdiction the names
9 of all candidates that are listed on such certifications, in
10 the same manner and in the same order as shown upon such
11 certifications, except as otherwise provided in this Section.
12 Whenever there are two or more persons nominated by the
13 same political party for multiple offices for any board, the
14 name of the candidate of such party receiving the highest
15 number of votes in the primary election as a candidate for
16 such office, as shown by the official election returns of the
17 primary, shall be certified first under the name of such
18 offices, and the names of the remaining candidates of such
19 party for such offices shall follow in the order of the
20 number of votes received by them respectively at the primary
21 election as shown by the official election results.
22 No person who is shown by the canvassing board's
23 proclamation to have been nominated at the primary as a
24 write-in candidate shall have his or her name certified
25 unless such person shall have filed with the certifying
26 office or board within 10 days after the canvassing board's
27 proclamation a statement of candidacy pursuant to Section
28 7-10 and a statement pursuant to Section 7-10.1.
29 Each county clerk and board of election commissioners
30 shall determine by a fair and impartial method of random
31 selection the order of placement of established political
32 party candidates for the general election ballot. Such
33 determination shall be made within 30 days following the
34 canvass and proclamation of the results of the general
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1 primary in the office of the county clerk or board of
2 election commissioners and shall be open to the public.
3 Seven days written notice of the time and place of conducting
4 such random selection shall be given, by each such election
5 authority, to the County Chairman of each established
6 political party, and to each organization of citizens within
7 the election jurisdiction which was entitled, under this
8 Article, at the next preceding election, to have pollwatchers
9 present on the day of election. Each election authority
10 shall post in a conspicuous, open and public place, at the
11 entrance of the election authority office, notice of the time
12 and place of such lottery. However, a board of election
13 commissioners may elect to place established political party
14 candidates on the general election ballot in the same order
15 determined by the county clerk of the county in which the
16 city under the jurisdiction of such board is located.
17 Each certification shall indicate, where applicable, the
18 following:
19 (1) The political party affiliation of the candidates
20 for the respective offices;
21 (2) If there is to be more than one candidate elected to
22 an office from the State, political subdivision or district;
23 (3) If the voter has the right to vote for more than one
24 candidate for an office;
25 (4) The term of office, if a vacancy is to be filled for
26 less than a full term or if the offices to be filled in a
27 political subdivision are for different terms.
28 The State Board of Elections or the county clerk, as the
29 case may be, shall issue an amended certification whenever it
30 is discovered that the original certification is in error.
31 (Source: P.A. 86-867; 86-875; 86-1028.)
32 (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
33 Sec. 7-60.1. Certification of Candidates - Consolidated
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1 Election. Each local election official of a political
2 subdivision in which candidates for the respective local
3 offices are nominated at the consolidated primary shall, no
4 later than 5 days following the canvass and proclamation of
5 the results of the consolidated primary, certify to each
6 election authority whose duty it is to prepare the official
7 ballot for the consolidated election in that political
8 subdivision the names of each of the candidates who have been
9 nominated as shown by the proclamation of the appropriate
10 canvassing board or who have been nominated to fill a vacancy
11 in nomination and direct the election authority to place upon
12 the official ballot for the consolidated election the names
13 of such candidates in the same manner and in the same order
14 as shown upon the certification, except as otherwise provided
15 by this Section.
16 Whenever there are two or more persons nominated by the
17 same political party for multiple offices for any board, the
18 name of the candidate of such party receiving the highest
19 number of votes in the consolidated primary election as a
20 candidate for such consolidated primary, shall be certified
21 first under the name of such office, and the names of the
22 remaining candidates of such party for such offices shall
23 follow in the order of the number of votes received by them
24 respectively at the consolidated primary election as shown by
25 the official election results.
26 No person who is shown by the canvassing board's
27 proclamation to have been nominated at the consolidated
28 primary as a write-in candidate shall have his or her name
29 certified unless such person shall have filed with the
30 certifying office or board within 5 days after the canvassing
31 board's proclamation a statement of candidacy pursuant to
32 Section 7-10 and a statement pursuant to Section 7-10.1.
33 Each board of election commissioners of the cities in
34 which established political party candidates for city offices
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1 are nominated at the consolidated primary shall determine by
2 a fair and impartial method of random selection the order of
3 placement of the established political party candidates for
4 the consolidated ballot. Such determination shall be made
5 within 5 days following the canvass and proclamation of the
6 results of the consolidated primary and shall be open to the
7 public. Three days written notice of the time and place of
8 conducting such random selection shall be given, by each such
9 election authority, to the County Chairman of each
10 established political party, and to each organization of
11 citizens within the election jurisdiction which was entitled,
12 under this Article, at the next preceding election, to have
13 pollwatchers present on the day of election. Each election
14 authority shall post in a conspicuous, open and public place,
15 at the entrance of the election authority office, notice of
16 the time and place of such lottery.
17 Each local election official of a political subdivision
18 in which established political party candidates for the
19 respective local offices are nominated by primary shall
20 determine by a fair and impartial method of random selection
21 the order of placement of the established political party
22 candidates for the consolidated election ballot and, in the
23 case of certain municipalities having annual elections, on
24 the general primary ballot for election. Such determination
25 shall be made prior to the canvass and proclamation of
26 results of the consolidated primary or special municipal
27 primary, as the case may be, in the office of the local
28 election official and shall be open to the public. Three
29 days written notice of the time and place of conducting such
30 random selection shall be given, by each such local election
31 official, to the County Chairman of each established
32 political party, and to each organization of citizens within
33 the election jurisdiction which was entitled, under this
34 Article, at the next preceding election, to have pollwatchers
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1 present on the day of election. Each local election official
2 shall post in a conspicuous, open and public place notice of
3 such lottery. Immediately thereafter, the local election
4 official shall certify the ballot placement order so
5 determined to the proper election authorities charged with
6 the preparation of the consolidated election, or general
7 primary, ballot for that political subdivision.
8 Not less than 61 days before the date of the consolidated
9 election, each local election official of a political
10 subdivision in which established political party candidates
11 for the respective local offices have been nominated by
12 caucus or have been nominated because no primary was required
13 to be held shall certify to each election authority whose
14 duty it is to prepare the official ballot for the
15 consolidated election in that political subdivision the names
16 of each of the candidates whose certificates of nomination or
17 nomination papers have been filed in his or her office and
18 direct the election authority to place upon the official
19 ballot for the consolidated election the names of such
20 candidates in the same manner and in the same order as shown
21 upon the certification. Such local election official shall,
22 prior to certification, determine by a fair and impartial
23 method of random selection the order of placement of the
24 established political party candidates for the consolidated
25 election ballot. Such determination shall be made in the
26 office of the local election official and shall be open to
27 the public. Three days written notice of the time and place
28 of conducting such random selection shall be given by each
29 such local election official to the county chairman of each
30 established political party, and to each organization of
31 citizens within the election jurisdiction which was entitled,
32 under this Article, at the next preceding election, to have
33 pollwatchers present on the day of election. Each local
34 election official shall post in a conspicuous, open and
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1 public place, at the entrance of the office, notice of the
2 time and place of such lottery. The local election official
3 shall certify the ballot placement order so determined as
4 part of his official certification of candidates to the
5 election authorities whose duty it is to prepare the official
6 ballot for the consolidated election in that political
7 subdivision.
8 The certification shall indicate, where applicable, the
9 following:
10 (1) The political party affiliation of the candidates
11 for the respective offices;
12 (2) If there is to be more than one candidate elected or
13 nominated to an office from the State, political subdivision
14 or district;
15 (3) If the voter has the right to vote for more than one
16 candidate for an office;
17 (4) The term of office, if a vacancy is to be filled for
18 less than a full term or if the offices to be filled in a
19 political subdivision or district are for different terms.
20 The local election official shall issue an amended
21 certification whenever it is discovered that the original
22 certification is in error.
23 (Source: P.A. 84-1308.)
24 (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
25 Sec. 8-8. The name of no candidate for nomination shall
26 be printed upon the primary ballot unless a petition for
27 nomination shall have been filed in his behalf as provided
28 for in this Section. Each such petition shall include as a
29 part thereof the oath required by Section 7-10.1 of this Act
30 and a statement of candidacy by the candidate filing or in
31 whose behalf the petition is filed. This statement shall set
32 out the address of such candidate, the office for which he is
33 a candidate, shall state that the candidate is a qualified
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1 primary voter of the party to which the petition relates, is
2 qualified for the office specified and has filed a statement
3 of economic interests as required by the Illinois
4 Governmental Ethics Act, shall request that the candidate's
5 name be placed upon the official ballot and shall be
6 subscribed and sworn by such candidate before some officer
7 authorized to take acknowledgment of deeds in this State and
8 may be in substantially the following form:
9 State of Illinois)
10 ) ss.
11 County ..........)
12 I, ...., being first duly sworn, say that I reside at
13 .... street in the city (or village of) .... in the county of
14 .... State of Illinois; that I am a qualified voter therein
15 and am a qualified primary voter of .... party; that I am a
16 candidate for nomination to the office of .... to be voted
17 upon at the primary election to be held on the .... day of
18 ...., 19..; that I am legally qualified to hold such office
19 and that I have filed a statement of economic interests as
20 required by the Illinois Governmental Ethics Act and I hereby
21 request that my name be printed upon the official primary
22 ballot for nomination for such office.
23 Signed ....................
24 Subscribed and sworn to (or affirmed) before me by ....,
25 who is to me personally known, this .... day of .... 19...
26 Signed .... (Official Character)
27 (Seal if officer has one.)
28 All petitions for nomination for the office of State
29 Senator shall be signed by 1% or 600, whichever is greater,
30 of the qualified primary electors of the candidate's party in
31 his legislative district, except that for the first primary
32 following a redistricting of legislative districts, such
33 petitions shall be signed by at least 600 qualified primary
34 electors of the candidate's party in his legislative
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1 district.
2 All petitions for nomination for the office of
3 Representative in the General Assembly shall be signed by at
4 least 1% or 300, whichever is greater, of the qualified
5 primary electors of the candidate's party in his or her
6 representative district, except that for the first primary
7 following a redistricting of representative districts such
8 petitions shall be signed by at least 300 qualified primary
9 electors of the candidate's party in his or her
10 representative district.
11 Opposite the signature of each qualified primary elector
12 who signs a petition for nomination for the office of State
13 Representative or State Senator such elector's residence
14 address shall be written or printed. The residence address
15 required to be written or printed opposite each qualified
16 primary elector's name shall include the street address or
17 rural route number of the signer, as the case may be, as well
18 as the signer's city, village or town.
19 For the purposes of this Section, the number of primary
20 electors shall be determined by taking the total vote cast,
21 in the applicable district, for the candidate for such
22 political party who received the highest number of votes,
23 state-wide, at the last general election in the State at
24 which electors for President of the United States were
25 elected.
26 A "qualified primary elector" of a party may not sign
27 petitions for or be a candidate in the primary of more than
28 one party.
29 In the affidavit at the bottom of each sheet, the
30 petition circulator, who shall have been a registered voter
31 at all times he or she circulated the petition, shall state
32 his street address or rural route number, as the case may be,
33 as well as his city, village or town.
34 In the affidavit at the bottom of each petition sheet,
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1 the petition circulator shall either (1) indicate the dates
2 on which he or she circulated that sheet, or (2) indicate the
3 first and last dates on which the sheet was circulated, or
4 (3) certify that none of the signatures on the sheet were
5 signed more than 90 days preceding the last day for the
6 filing of the petition. No petition sheet shall be
7 circulated more than 90 days preceding the last day provided
8 in Section 8-9 for the filing of such petition.
9 All petition sheets which are filed with the State Board
10 of Elections shall be the original sheets which have been
11 signed by the voters and by the circulator, and not
12 photocopies or duplicates of such sheets.
13 The person circulating the petition, or the candidate on
14 whose behalf the petition is circulated, may strike any
15 signature from the petition, provided that;
16 (1) the person striking the signature shall initial
17 the petition at the place where the signature is struck;
18 and
19 (2) the person striking the signature shall sign a
20 certification listing the page number and line number of
21 each signature struck from the petition. Such
22 certification shall be filed as a part of the petition.
23 (Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052.)
24 (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
25 Sec. 10-5. All petitions for nomination shall, besides
26 containing the names of candidates, specify as to each:
27 1. The office or offices to which such candidate or
28 candidates shall be nominated.
29 2. The new political party, if any, represented,
30 expressed in not more than 5 words. However, such party shall
31 not bear the same name as, nor include the name of any
32 established political party as defined in this Article. This
33 prohibition does not preclude any established political party
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1 from making nominations in those cases in which it is
2 authorized to do so.
3 3. The place of residence of any such candidate or
4 candidates with the street and number thereof, if any. In the
5 case of electors for President and Vice-President of the
6 United States, the names of candidates for President and
7 Vice-President may be added to the party name or appellation.
8 Such certificate of nomination or nomination papers in
9 addition shall include as a part thereof, the oath required
10 by Section 7-10.1 of this Act and must include a statement of
11 candidacy for each of the candidates named therein, except
12 candidates for electors for President and Vice-President of
13 the United States. Each such statement shall set out the
14 address of such candidate, the office for which he is a
15 candidate, shall state that the candidate is qualified for
16 the office specified and has filed (or will file before the
17 close of the petition filing period) a statement of economic
18 interests as required by the Illinois Governmental Ethics
19 Act, shall request that the candidate's name be placed upon
20 the official ballot and shall be subscribed and sworn to by
21 such candidate before some officer authorized to take
22 acknowledgments of deeds in this State, and may be in
23 substantially the following form:
24 State of Illinois)
25 ) SS.
26 County of........)
27 I,...., being first duly sworn, say that I reside at....
28 street, in the city (or village) of.... in the county of....
29 State of Illinois; and that I am a qualified voter therein;
30 that I am a candidate for election to the office of.... to be
31 voted upon at the election to be held on the.... day
32 of....,.....; and that I am legally qualified to hold such
33 office and that I have filed (or will file before the close
34 of the petition filing period) a statement of economic
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1 interests as required by the Illinois Governmental Ethics
2 Act, and I hereby request that my name be printed upon the
3 official ballot for election to such office.
4 Signed.................
5 Subscribed and sworn to (or affirmed) before me by....
6 who is to me personally known, this.... day of....,......
7 Signed.................
8 (Official Character)
9 (Seal, if officer has one.)
10 In addition, a new political party petition shall have
11 attached thereto a certificate stating the names and
12 addresses of the party officers authorized to fill vacancies
13 in nomination pursuant to Section 10-11.
14 Nomination papers filed under this Section are not valid
15 if the candidate named therein fails to file a statement of
16 economic interests as required by the Illinois Governmental
17 Ethics Act in relation to his candidacy with the appropriate
18 officer by the end of the period for the filing of nomination
19 papers unless he has filed a statement of economic interests
20 in relation to the same governmental unit with that officer
21 during the same calendar year as the year in which such
22 nomination papers were filed. If the nomination papers of
23 any candidate and the statement of economic interest of that
24 candidate are not required to be filed with the same officer,
25 the candidate must file with the officer with whom the
26 nomination papers are filed a receipt from the officer with
27 whom the statement of economic interests is filed showing the
28 date on which such statement was filed. Such receipt shall
29 be so filed not later than the last day on which nomination
30 papers may be filed.
31 (Source: P.A. 84-551.)
32 (10 ILCS 5/7-42 rep.)
33 Section 20. The Election Code, Section 7-42 of which
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1 allows employees to have 2 hours off from work without loss
2 of pay to vote in primary elections, a provision that the
3 Illinois Supreme Court held unconstitutional in McAlpine v.
4 Dimick, 326 Ill. 240 (1927) as a deprivation of the
5 employer's property without due process, is amended by
6 repealing Section 7-42.
7 Section 25. The Election Code is amended by changing
8 Section 7-43 to delete the restriction against voting at the
9 primary of a political party if one has voted at a primary of
10 another political party within the preceding 23 calendar
11 months in response to the decision of the United States
12 District Court for the Northern District of Illinois, Eastern
13 Division, in Pontikes v. Kusper, 345 F. Supp. 1104 (1972),
14 which decision held that the "23 month rule" violates a
15 person's constitutional rights to vote and to free
16 association, the amended Section to read as follows:
17 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
18 Sec. 7-43. Every person having resided in this State 6
19 months and in the precinct 30 days next preceding any primary
20 therein who shall be a citizen of the United States of the
21 age of 18 or more years, shall be entitled to vote at such
22 primary.
23 The following regulations shall be applicable to
24 primaries:
25 No person shall be entitled to vote at a primary:
26 (a) Unless he declares his party affiliations as
27 required by this Article.
28 (b) Who shall have signed the petition for
29 nomination of a candidate of any party with which he does
30 not affiliate, when such candidate is to be voted for at
31 the primary.
32 (c) Who shall have signed the nominating papers of
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1 an independent candidate for any office for which office
2 candidates for nomination are to be voted for at such
3 primary.
4 (c.5) If that person has participated in the town
5 political party caucus, under Section 45-50 of the
6 Township Code, of another political party by signing an
7 affidavit of voters attending the caucus within 45 days
8 before the first day of the calendar month in which the
9 primary is held.
10 (d) If he has voted at a primary held under this Article
11 7 of another political party within a period of 23 calendar
12 months next preceding the calendar month in which such
13 primary is held: Provided, Participation by a primary elector
14 in a primary of a political party which, under the provisions
15 of Section 7-2 of this Article, is a political party within a
16 city, village or incorporated town or town only and entitled
17 hereunder to make nominations of candidates for city, village
18 or incorporated town or town offices only, and for no other
19 office or offices, shall not disqualify such primary elector
20 from participating in other primaries of his party: And,
21 provided, that no qualified voter shall be precluded from
22 participating in the primary of any purely city, village or
23 incorporated town or town political party under the
24 provisions of Section 7-2 of this Article by reason of such
25 voter having voted at the primary of another political party
26 within a period of 23 calendar months next preceding the
27 calendar month in which he seeks to participate is held.
28 (e) In cities, villages and incorporated towns having a
29 board of election commissioners only voters registered as
30 provided by Article 6 of this Act shall be entitled to vote
31 at such primary.
32 (f) No person shall be entitled to vote at a primary
33 unless he is registered under the provisions of Articles 4, 5
34 or 6 of this Act, when his registration is required by any of
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1 said Articles to entitle him to vote at the election with
2 reference to which the primary is held.
3 (Source: P.A. 89-331, eff. 8-17-95.)
4 Section 30. The Election Code is amended by changing
5 Section 10-2 to reduce the minimum number of signatures
6 required on a petition to establish a new political party in
7 a district or political subdivision from the State-wide
8 petition signature requirement to one-half of that
9 requirement in response to the United States Supreme Court
10 decision in Norman v. Reed, 112 S.Ct. 698 (1992), which
11 decision held that the present signature requirement violates
12 the First and Fourteenth Amendment rights of new party
13 members, the amended Section to read as follows:
14 (10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
15 Sec. 10-2. The term "political party", as hereinafter
16 used in this Article 10, shall mean any "established
17 political party", as hereinafter defined and shall also mean
18 any political group which shall hereafter undertake to form
19 an established political party in the manner provided for in
20 this Article 10: Provided, that no political organization or
21 group shall be qualified as a political party hereunder, or
22 given a place on a ballot, which organization or group is
23 associated, directly or indirectly, with Communist, Fascist,
24 Nazi or other un-American principles and engages in
25 activities or propaganda designed to teach subservience to
26 the political principles and ideals of foreign nations or the
27 overthrow by violence of the established constitutional form
28 of government of the United States and the State of Illinois.
29 A political party which, at the last general election for
30 State and county officers, polled for its candidate for
31 Governor more than 5% of the entire vote cast for Governor,
32 is hereby declared to be an "established political party" as
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1 to the State and as to any district or political subdivision
2 thereof.
3 A political party which, at the last election in any
4 congressional district, legislative district, county,
5 township, municipality or other political subdivision or
6 district in the State, polled more than 5% of the entire vote
7 cast within such territorial area or political subdivision,
8 as the case may be, has voted as a unit for the election of
9 officers to serve the respective territorial area of such
10 district or political subdivision, is hereby declared to be
11 an "established political party" within the meaning of this
12 Article as to such district or political subdivision.
13 Any group of persons hereafter desiring to form a new
14 political party throughout the State, or in any
15 congressional, legislative or judicial district, or in any
16 other district or in any political subdivision (other than a
17 municipality) not entirely within a single county, shall file
18 with the State Board of Elections a petition, as hereinafter
19 provided; and any such group of persons hereafter desiring to
20 form a new political party within any county shall file such
21 petition with the county clerk; and any such group of persons
22 hereafter desiring to form a new political party within any
23 municipality or township or within any district of a unit of
24 local government other than a county shall file such petition
25 with the local election official or Board of Election
26 Commissioners of such municipality, township or other unit of
27 local government, as the case may be. Any such petition for
28 the formation of a new political party throughout the State,
29 or in any such district or political subdivision, as the case
30 may be, shall declare as concisely as may be the intention of
31 the signers thereof to form such new political party in the
32 State, or in such district or political subdivision; shall
33 state in not more than 5 words the name of such new political
34 party; shall at the time of filing contain a complete list
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1 of candidates of such party for all offices to be filled in
2 the State, or such district or political subdivision as the
3 case may be, at the next ensuing election then to be held;
4 and, if such new political party shall be formed for the
5 entire State, shall be signed by 1% of the number of voters
6 who voted at the next preceding Statewide general election or
7 25,000 qualified voters, whichever is less. If such new
8 political party shall be formed for any district or political
9 subdivision less than the entire State, such petition shall
10 be signed by qualified voters equaling in number not less
11 than 5% of the number of voters who voted at the next
12 preceding regular election in such district or political
13 subdivision in which such district or political subdivision
14 voted as a unit for the election of officers to serve its
15 respective territorial area. However, whenever the minimum
16 signature requirement for a district or political subdivision
17 new political party petition shall equal or exceed the
18 minimum number of signatures for State-wide new political
19 party petitions at the next preceding State-wide general
20 election, one-half of the such State-wide petition signature
21 requirement shall be the minimum for the such district or
22 political subdivision new political party petition.
23 For the first election following a redistricting of
24 congressional districts, a petition to form a new political
25 party in a congressional district shall be signed by at least
26 5,000 qualified voters of the congressional district. For
27 the first election following a redistricting of legislative
28 districts, a petition to form a new political party in a
29 legislative district shall be signed by at least 3,000
30 qualified voters of the legislative district. For the first
31 election following a redistricting of representative
32 districts, a petition to form a new political party in a
33 representative district shall be signed by at least 1,500
34 qualified voters of the representative district.
-43- LRB9001889OBpk
1 For the first election following redistricting of county
2 board districts, or of municipal wards or districts, or for
3 the first election following the initial establishment of
4 such districts or wards in a county or municipality, a
5 petition to form a new political party in a county board
6 district or in a municipal ward or district shall be signed
7 by qualified voters of the district or ward equal to not less
8 than 5% of the total number of votes cast at the preceding
9 general or municipal election, as the case may be, for the
10 county or municipal office voted on throughout the county or
11 municipality for which the greatest total number of votes
12 were cast for all candidates, divided by the number of
13 districts or wards, but in any event not less than 25
14 qualified voters of the district or ward.
15 In the case of a petition to form a new political party
16 within a political subdivision in which officers are to be
17 elected from districts and at-large, such petition shall
18 consist of separate components for each district from which
19 an officer is to be elected. Each component shall be
20 circulated only within a district of the political
21 subdivision and signed only by qualified electors who are
22 residents of such district. Each sheet of such petition must
23 contain a complete list of the names of the candidates of the
24 party for all offices to be filled in the political
25 subdivision at large, but the sheets comprising each
26 component shall also contain the names of those candidates to
27 be elected from the particular district. Each component of
28 the petition for each district from which an officer is to be
29 elected must be signed by qualified voters of the district
30 equalling in number not less than 5% of the number of voters
31 who voted at the next preceding regular election in such
32 district at which an officer was elected to serve the
33 district. The entire petition, including all components, must
34 be signed by a total of qualified voters of the entire
-44- LRB9001889OBpk
1 political subdivision equalling in number not less than 5% of
2 the number of voters who voted at the next preceding regular
3 election in such political subdivision at which an officer
4 was elected to serve the political subdivision at large.
5 The filing of such petition shall constitute the
6 political group a new political party, for the purpose only
7 of placing upon the ballot at such next ensuing election such
8 list or an adjusted list in accordance with Section 10-11, of
9 party candidates for offices to be voted for throughout the
10 State, or for offices to be voted for in such district or
11 political subdivision less than the State, as the case may
12 be, under the name of and as the candidates of such new
13 political party.
14 If, at such ensuing election, the new political party's
15 candidate for Governor shall receive more than 5% of the
16 entire votes cast for Governor, then such new political party
17 shall become an "established political party" as to the State
18 and as to every district or political subdivision thereof.
19 If, at such ensuing election, the other candidates of the new
20 political party, or any other candidate or candidates of the
21 new political party shall receive more than 5% of all the
22 votes cast for the office or offices for which they were
23 candidates at such election, in the State, or in any district
24 or political subdivision, as the case may be, then and in
25 that event, such new political party shall become an
26 "established political party" within the State or within such
27 district or political subdivision less than the State, as the
28 case may be, in which such candidate or candidates received
29 more than 5% of the votes cast for the office or offices for
30 which they were candidates. It shall thereafter nominate its
31 candidates for public offices to be filled in the State, or
32 such district or political subdivision, as the case may be,
33 under the provisions of the laws regulating the nomination of
34 candidates of established political parties at primary
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1 elections and political party conventions, as now or
2 hereafter in force.
3 A political party which continues to receive for its
4 candidate for Governor more than 5% of the entire vote cast
5 for Governor, shall remain an "established political party"
6 as to the State and as to every district or political
7 subdivision thereof. But if the political party's candidate
8 for Governor fails to receive more than 5% of the entire vote
9 cast for Governor, or if the political party does not
10 nominate a candidate for Governor, the political party shall
11 remain an "established political party" within the State or
12 within such district or political subdivision less than the
13 State, as the case may be, only so long as, and only in those
14 districts or political subdivisions in which, the candidates
15 of that political party, or any candidate or candidates of
16 that political party, continue to receive more than 5% of all
17 the votes cast for the office or offices for which they were
18 candidates at succeeding general or consolidated elections
19 within the State or within any district or political
20 subdivision, as the case may be.
21 Any such petition shall be filed at the same time and
22 shall be subject to the same requirements and to the same
23 provisions in respect to objections thereto and to any
24 hearing or hearings upon such objections that are hereinafter
25 in this Article 10 contained in regard to the nomination of
26 any other candidate or candidates by petition. If any such
27 new political party shall become an "established political
28 party" in the manner herein provided, the candidate or
29 candidates of such new political party nominated by the
30 petition hereinabove referred to for such initial election,
31 shall have power to select any such party committeeman or
32 committeemen as shall be necessary for the creation of a
33 provisional party organization and provisional managing
34 committee or committees for such party within the State, or
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1 in any district or political subdivision in which the new
2 political party has become established; and the party
3 committeeman or committeemen so selected shall constitute a
4 provisional party organization for the new political party
5 and shall have and exercise the powers conferred by law upon
6 any party committeeman or committeemen to manage and control
7 the affairs of such new political party until the next
8 ensuing primary election at which the new political party
9 shall be entitled to nominate and elect any party
10 committeeman or committeemen in the State, or in such
11 district or political subdivision under any parts of this Act
12 relating to the organization of political parties.
13 A candidate for whom a nomination paper has been filed as
14 a partisan candidate at a primary election, and who is
15 defeated for his or her nomination at the primary election,
16 is ineligible for nomination as a candidate of a new
17 political party for election in that general election.
18 (Source: P.A. 86-875.)
19 Section 35. The Election Code is amended by changing
20 Section 10-5 to authorize a new political party to bear the
21 name of an established political party if the candidate
22 seeking to represent the new party has received formal
23 permission to use the name from the established party in
24 response to the decision of the United States Supreme Court
25 in Norman v. Reed, 112 S. Ct. 698 (1992), which decision held
26 that the current law's restriction on the use of an
27 established political party's name violates the
28 constitutional right of political association, the amended
29 Section to read as follows:
30 (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
31 Sec. 10-5. All petitions for nomination shall, besides
32 containing the names of candidates, specify as to each:
-47- LRB9001889OBpk
1 1. The office or offices to which such candidate or
2 candidates shall be nominated.
3 2. The new political party, if any, represented,
4 expressed in not more than 5 words. However, such party shall
5 not bear the same name as, nor include the name of, any
6 established political party as defined in this Article unless
7 the candidate or candidates seeking to represent the new
8 political party have received formal permission to use the
9 name from the established political party. This prohibition
10 does not preclude any established political party from making
11 nominations in those cases in which it is authorized to do
12 so.
13 3. The place of residence of any such candidate or
14 candidates with the street and number thereof, if any. In the
15 case of electors for President and Vice-President of the
16 United States, the names of candidates for President and
17 Vice-President may be added to the party name or appellation.
18 Such certificate of nomination or nomination papers in
19 addition shall include as a part thereof, the oath required
20 by Section 7-10.1 of this Act and must include a statement of
21 candidacy for each of the candidates named therein, except
22 candidates for electors for President and Vice-President of
23 the United States. Each such statement shall set out the
24 address of such candidate, the office for which he is a
25 candidate, shall state that the candidate is qualified for
26 the office specified and has filed (or will file before the
27 close of the petition filing period) a statement of economic
28 interests as required by the Illinois Governmental Ethics
29 Act, shall request that the candidate's name be placed upon
30 the official ballot and shall be subscribed and sworn to by
31 such candidate before some officer authorized to take
32 acknowledgments of deeds in this State, and may be in
33 substantially the following form:
34 State of Illinois)
-48- LRB9001889OBpk
1 ) SS.
2 County of........)
3 I,...., being first duly sworn, say that I reside at....
4 street, in the city (or village) of.... in the county of....
5 State of Illinois; and that I am a qualified voter therein;
6 that I am a candidate for election to the office of.... to be
7 voted upon at the election to be held on the.... day
8 of....,.....; and that I am legally qualified to hold such
9 office and that I have filed (or will file before the close
10 of the petition filing period) a statement of economic
11 interests as required by the Illinois Governmental Ethics
12 Act, and I hereby request that my name be printed upon the
13 official ballot for election to such office.
14 Signed.................
15 Subscribed and sworn to (or affirmed) before me by....
16 who is to me personally known, this.... day of....,......
17 Signed.................
18 (Official Character)
19 (Seal, if officer has one.)
20 In addition, a new political party petition shall have
21 attached thereto a certificate stating the names and
22 addresses of the party officers authorized to fill vacancies
23 in nomination pursuant to Section 10-11.
24 Nomination papers filed under this Section are not valid
25 if the candidate named therein fails to file a statement of
26 economic interests as required by the Illinois Governmental
27 Ethics Act in relation to his candidacy with the appropriate
28 officer by the end of the period for the filing of nomination
29 papers unless he has filed a statement of economic interests
30 in relation to the same governmental unit with that officer
31 during the same calendar year as the year in which such
32 nomination papers were filed. If the nomination papers of
33 any candidate and the statement of economic interest of that
34 candidate are not required to be filed with the same officer,
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1 the candidate must file with the officer with whom the
2 nomination papers are filed a receipt from the officer with
3 whom the statement of economic interests is filed showing the
4 date on which such statement was filed. Such receipt shall
5 be so filed not later than the last day on which nomination
6 papers may be filed.
7 (Source: P.A. 84-551.)
8 Section 40. The Election Code is amended by changing
9 Section 29-14 to prohibit the publication of campaign
10 literature with the intent to deceive the voters, to prohibit
11 the anonymous publication of campaign literature within 10
12 days before an election, and to delete an exemption for
13 certain items because of their size or shape in response to
14 the Illinois Supreme Court decision in People v. White, 116
15 Ill. 2d 171 (1987), which decision held that the broad
16 prohibition of the anonymous publication of campaign
17 literature violates the constitutional right to freedom of
18 speech, the amended Section to read as follows:
19 (10 ILCS 5/29-14) (from Ch. 46, par. 29-14)
20 Sec. 29-14. Publication of political literature.
21 (a) Any person or group of persons, or any committee,
22 firm, organization, association, league, or other body
23 publishing, circulating, or distributing any pamphlet,
24 circular, handbill, advertisement, or other political
25 literature soliciting votes for or against any candidate for
26 nomination or election to, or retention in, any public office
27 or soliciting votes in support of or in opposition to any
28 public question to be submitted for the ballot at an election
29 with the intent to deceive the voters shall be guilty of a
30 Class A misdemeanor.
31 (b) Any person or group of persons, or any committee,
32 firm, organization, association, league, or other body
-50- LRB9001889OBpk
1 publishing, circulating, or distributing within 10 days
2 before an election any pamphlet, circular, handbill,
3 advertisement, or other political literature soliciting votes
4 for or against any candidate for nomination or election to,
5 or retention in, any public office or soliciting votes in
6 support of or in opposition to any public question to be
7 submitted for the ballot at the an election which does not
8 have printed thereon in plain type the name and address of
9 the person or persons, or the names and business address of
10 the committee, firm, organization, association, league, or
11 other body causing the such matter to be published and
12 distributed, the name of its chairman, director, manager, or
13 principal officer, as the case may be, and the name of its
14 treasurer if a different person, shall be guilty of a Class A
15 misdemeanor. If a political committee as defined in Article
16 9 has already filed its statement of organization with the
17 State Board of Elections or with the county clerk, as the
18 case may be, or is registered with the Federal Election
19 Commission, it shall not be necessary to print the name of
20 its chairman or its treasurer, or its address on political
21 literature that which it causes to be published and
22 distributed, and the name of the political committee printed
23 on the literature shall be sufficient. However this Section
24 shall not apply to palm cards, tickets, premiums or similar
25 campaign items which because of size or shape are not
26 adaptable to printing of attribution of source thereon.
27 Nothing in this subsection Section shall be construed to
28 apply to any matter published in any newspaper, magazine, or
29 journal recognized and circulating as such, which matter is
30 published by the such newspaper, magazine, or journal on its
31 own behalf and upon its own responsibility and for which it
32 shall not charge or receive any compensation whatsoever, nor
33 shall it apply to any publication issued by any legally
34 constituted election official in the performance of his or
-51- LRB9001889OBpk
1 her duties.
2 The attribution of source required by this subsection
3 Section shall be in addition to the notice required on
4 political literature soliciting funds as prescribed by
5 Section 9-9 of this Code.
6 (Source: P.A. 81-1433.)
7 (30 ILCS 560/Act rep.)
8 Section 45. The Public Works Preference Act, which
9 requires that only Illinois laborers be hired for building
10 public works and was held unconstitutional by the Illinois
11 Supreme Court in People ex rel Bernardi v. Leary Const. Co.
12 Inc., 102 Ill. 2d 295 (1984), as a violation of the
13 privileges and immunities clause of the U.S. Constitution, is
14 repealed.
15 (35 ILCS 520/Act rep.)
16 Section 50. The Cannabis and Controlled Substances Tax
17 Act is repealed in response to the Illinois Supreme Court
18 decision in Wilson v. Department of Revenue, 169 Ill. 2d 306
19 (1996), which decision held that the Act violates the
20 constitutional prohibition against double jeopardy.
21 Section 55. The Statewide Grand Jury Act is amended by
22 changing Sections 2 and 3 to remove cross-references to the
23 Cannabis and Controlled Substances Tax Act which is repealed
24 in the preceding Section, the amended Sections to read as
25 follows:
26 (725 ILCS 215/2) (from Ch. 38, par. 1702)
27 Sec. 2. County grand juries and State's Attorneys have
28 always had and shall continue to have primary responsibility
29 for investigating, indicting, and prosecuting persons who
30 violate the criminal laws of the State of Illinois. However,
-52- LRB9001889OBpk
1 in recent years certain criminal enterprises have developed
2 that require investigation, indictment, and prosecution on a
3 statewide or multicounty level. These enterprises exist as a
4 result of the allure of profitability present in narcotic
5 activity, the unlawful sale and transfer of firearms, and
6 streetgang related felonies. In order to weaken or eliminate
7 these enterprises, the profit must be removed. State statutes
8 exist that can accomplish that goal. Among them are the
9 offense of money laundering, the Cannabis and Controlled
10 Substances Tax Act, the Narcotics Profit Forfeiture Act, and
11 gunrunning. Local prosecutors need investigative personnel
12 and specialized training to attack and eliminate these
13 profits. In light of the transitory and complex nature of
14 conduct that constitutes these criminal activities, the many
15 diverse property interests that may be acquired directly or
16 indirectly as a result of these criminal activities, and the
17 many places that illegally obtained property may be located,
18 it is the purpose of this Act to create a limited,
19 multicounty Statewide Grand Jury with authority to
20 investigate, indict, and prosecute: narcotic activity,
21 including cannabis and controlled substance trafficking,
22 narcotics racketeering, and money laundering, and violations
23 of the Cannabis and Controlled Substances Tax Act; the
24 unlawful sale and transfer of firearms; gunrunning; and
25 streetgang related felonies.
26 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.)
27 (725 ILCS 215/3) (from Ch. 38, par. 1703)
28 (Text of Section before amendment by P.A. 89-688)
29 Sec. 3. Written application for the appointment of a
30 Circuit Judge to convene and preside over a Statewide Grand
31 Jury, with jurisdiction extending throughout the State, shall
32 be made to the Chief Justice of the Supreme Court. Upon such
33 written application, the Chief Justice of the Supreme Court
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1 shall appoint a Circuit Judge from the circuit where the
2 Statewide Grand Jury is being sought to be convened, who
3 shall make a determination that the convening of a Statewide
4 Grand Jury is necessary.
5 In such application the Attorney General shall state that
6 the convening of a Statewide Grand Jury is necessary because
7 of an alleged offense or offenses set forth in this Section
8 involving more than one county of the State and identifying
9 any such offense alleged; and
10 (a) that he or she believes that the grand jury
11 function for the investigation and indictment of the
12 offense or offenses cannot effectively be performed by a
13 county grand jury together with the reasons for such
14 belief, and
15 (b) (1) that each State's Attorney with
16 jurisdiction over an offense or offenses to be
17 investigated has consented to the impaneling of the
18 Statewide Grand Jury, or
19 (2) if one or more of the State's Attorneys
20 having jurisdiction over an offense or offenses to
21 be investigated fails to consent to the impaneling
22 of the Statewide Grand Jury, the Attorney General
23 shall set forth good cause for impaneling the
24 Statewide Grand Jury.
25 If the Circuit Judge determines that the convening of a
26 Statewide Grand Jury is necessary, he or she shall convene
27 and impanel the Statewide Grand Jury with jurisdiction
28 extending throughout the State to investigate and return
29 indictments:
30 (a) For violations of any of the following or for
31 any other criminal offense committed in the course of
32 violating any of the following: the Illinois Controlled
33 Substances Act, the Cannabis Control Act, the Narcotics
34 Profit Forfeiture Act, or the Cannabis and Controlled
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1 Substances Tax Act; a streetgang related felony offense;
2 Section 24-2.1, 24-2.2, 24-3, 24-3A, 24-3.1, 24-3.3,
3 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4),
4 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or
5 24-1(c) of the Criminal Code of 1961; or a money
6 laundering offense; provided that the violation or
7 offense involves Acts occurring in more than one county
8 of this State; and
9 (b) For the offenses of perjury, subornation of
10 perjury, communicating with jurors and witnesses, and
11 harassment of jurors and witnesses, as they relate to
12 matters before the Statewide Grand Jury.
13 "Streetgang related" has the meaning ascribed to it in
14 Section 10 of the Illinois Streetgang Terrorism Omnibus
15 Prevention Act.
16 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95.)
17 (Text of Section after amendment by P.A. 89-688)
18 Sec. 3. Written application for the appointment of a
19 Circuit Judge to convene and preside over a Statewide Grand
20 Jury, with jurisdiction extending throughout the State, shall
21 be made to the Chief Justice of the Supreme Court. Upon such
22 written application, the Chief Justice of the Supreme Court
23 shall appoint a Circuit Judge from the circuit where the
24 Statewide Grand Jury is being sought to be convened, who
25 shall make a determination that the convening of a Statewide
26 Grand Jury is necessary.
27 In such application the Attorney General shall state that
28 the convening of a Statewide Grand Jury is necessary because
29 of an alleged offense or offenses set forth in this Section
30 involving more than one county of the State and identifying
31 any such offense alleged; and
32 (a) that he or she believes that the grand jury
33 function for the investigation and indictment of the
34 offense or offenses cannot effectively be performed by a
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1 county grand jury together with the reasons for such
2 belief, and
3 (b) (1) that each State's Attorney with
4 jurisdiction over an offense or offenses to be
5 investigated has consented to the impaneling of the
6 Statewide Grand Jury, or
7 (2) if one or more of the State's Attorneys
8 having jurisdiction over an offense or offenses to
9 be investigated fails to consent to the impaneling
10 of the Statewide Grand Jury, the Attorney General
11 shall set forth good cause for impaneling the
12 Statewide Grand Jury.
13 If the Circuit Judge determines that the convening of a
14 Statewide Grand Jury is necessary, he or she shall convene
15 and impanel the Statewide Grand Jury with jurisdiction
16 extending throughout the State to investigate and return
17 indictments:
18 (a) For violations of any of the following or for
19 any other criminal offense committed in the course of
20 violating any of the following: the Illinois Controlled
21 Substances Act, the Cannabis Control Act, or the
22 Narcotics Profit Forfeiture Act, or the Cannabis and
23 Controlled Substances Tax Act; a streetgang related
24 felony offense; Section 24-2.1, 24-2.2, 24-3, 24-3A,
25 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
26 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
27 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or
28 a money laundering offense; provided that the violation
29 or offense involves Acts occurring in more than one
30 county of this State; and
31 (b) For the offenses of perjury, subornation of
32 perjury, communicating with jurors and witnesses, and
33 harassment of jurors and witnesses, as they relate to
34 matters before the Statewide Grand Jury.
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1 "Streetgang related" has the meaning ascribed to it in
2 Section 10 of the Illinois Streetgang Terrorism Omnibus
3 Prevention Act.
4 Upon written application by the Attorney General for the
5 convening of an additional Statewide Grand Jury, the Chief
6 Justice of the Supreme Court shall appoint a Circuit Judge
7 from the circuit for which the additional Statewide Grand
8 Jury is sought. The Circuit Judge shall determine the
9 necessity for an additional Statewide Grand Jury in
10 accordance with the provisions of this Section. No more than
11 2 Statewide Grand Juries may be empaneled at any time.
12 (Source: P.A. 88-677, eff. 12-15-94; 89-8, eff. 3-21-95;
13 89-688, eff. 6-1-97.)
14 (35 ILCS 200/20-180 rep.)
15 (35 ILCS 200/20-185 rep.)
16 Section 60. The Property Tax Code is amended by
17 repealing Sections 20-180 and 20-185 in response to the
18 Illinois Supreme Court's decision in George D. Hardin, Inc.
19 v. Village of Mt. Prospect, 99 Ill. 2d 96 (1983), which
20 decision held that these Sections, which permit delinquent
21 real estate taxes, special assessments, and bonds secured by
22 uncollectible revenues to be declared "uncollectible" after
23 30 years and permit the use of any remaining funds for
24 similar purposes (in the case of special assessments) or
25 general corporate purposes (in the case of bonds declared
26 "Cancelled-Revenue Uncollectible"), are an unconstitutional
27 impairment of contractual obligations.
28 Section 65. The Fire Protection District Act is amended
29 by changing Section 14.14 to delete the provision limiting
30 the Section's application to counties of a certain population
31 in response to the Illinois Supreme Court decision in In re
32 Petition of the Village of Vernon Hills, 168 Ill. 2d 117
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1 (1995), which decision held that the county population
2 limitation made the Section an unconstitutional special or
3 local law, the amended Section to read as follows:
4 (70 ILCS 705/14.14) (from Ch. 127 1/2, par. 34.14)
5 Sec. 14.14. Disconnection and transfer.
6 (a) In a county having a population of between 500,000
7 and 750,000, Territory within the boundaries of a non-home
8 rule municipality that receives fire protection services from
9 more than a single fire protection district may be
10 disconnected from one fire protection district and
11 transferred to the district that provides services to the
12 area comprising more than 80% of the municipality's assessed
13 valuation. To disconnect that territory, the board of
14 trustees of one of the affected districts, the corporate
15 authorities of the municipality, or 5% of the owners of
16 property within the territory to be disconnected may file a
17 petition in the court in which the district (from which
18 disconnection is sought) was organized, setting forth the
19 following:
20 (1) The description of the territory sought to be
21 transferred.
22 (2) A statement that:
23 (A) more than 80% of the assessed valuation of
24 the municipality lies within one district;
25 (B) more than 90% of the residents of the
26 municipality reside within that same district;
27 (C) the territory to be transferred contains
28 less than 10% of the total assessed valuation and
29 total number of residents of the affected district;
30 (D) the territory to be transferred consists
31 of all the territory within the municipality
32 serviced by the district from which disconnection is
33 sought;
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1 (E) the district to which the territory is to
2 be transferred agrees to the transfer, as evidenced
3 by passage of a resolution by its board of trustees;
4 (F) the transfer will not impair the ability
5 of the affected districts to render fully adequate
6 fire protection services to their residents; and
7 (G) the transfer will not cause the territory
8 within the affected districts to be noncontiguous.
9 (b) The petition praying that the territory be
10 transferred shall be signed and sworn to by the petitioner or
11 petitioners. Upon the filing of the petition, the court
12 shall set the petition for hearing on a day not less than 2
13 weeks or more than 4 weeks from the date of filing the
14 petition. The court shall give 2 weeks notice of the hearing
15 in the manner provided in Section 1 of this Act. The
16 municipality and affected districts shall be necessary
17 parties to the proceedings and shall be served with summons
18 in the manner prescribed for a party defendant under the
19 Civil Practice Law.
20 (c) Any property owner in the municipality or the
21 affected districts may file objections and at the hearing may
22 appear and contest the transfer and the matters averred in
23 the petition, and both the objectors and petitioners may
24 offer any competent evidence in regard to the petition.
25 (d) If the court, upon hearing the petition, finds that
26 the allegations contained in the petition are true, then the
27 court shall enter an order transferring the property.
28 Thereupon, the territory shall cease to be a part of the fire
29 protection district in which the territory lies. The circuit
30 clerk shall transmit a certified copy of the order to the
31 county clerk and to the Office of the State Fire Marshal.
32 (e) The territory to be transferred shall remain liable
33 for its proportionate share of outstanding bonded
34 indebtedness, if any, of the district from which it is
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1 transferred as of the date of transfer.
2 (Source: P.A. 87-825.)
3 Section 70. The Fire Protection District Act is amended
4 by changing Section 19a to eliminate the population
5 limitation that applied the Section only to counties with a
6 population of more than 600,000 but less than 1,000,000
7 inhabitants, which provision the Illinois Supreme Court in In
8 re Belmont Fire Protection District, 111 Ill. 2d 373 (1986),
9 held unconstitutional as special legislation, the amended
10 Section to read as follows:
11 (70 ILCS 705/19a) (from Ch. 127 1/2, par. 38.2a)
12 Sec. 19a. (a) In any county having a population of more
13 than 600,000 but less than 1,000,000, territory located
14 within the corporate limits of any municipality and which is
15 included within the limits of any fire protection district
16 may be disconnected from the district and transferred to
17 another district providing fire protection service within
18 such municipality and to which the territory is contiguous,
19 in the manner hereinafter set forth, if: (1) the municipality
20 does not provide fire protection service; (2) the territory
21 comprises all of that portion of a fire protection district
22 located within such municipality; (3) the territory would
23 receive equal or greater benefits from the district to which
24 it seeks to be transferred; (4) the district to which the
25 transfer is sought to be made provides fire protection
26 service to more than 70% of the territory of the
27 municipality; and (5) the trustees of the district to which
28 the transfer is sought to be made do not file a written
29 refusal to accept the territory within the time hereinafter
30 specified.
31 (b) Territory disconnected pursuant to this Section
32 shall remain liable for its proportionate share of the bonded
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1 indebtedness outstanding as of the date of disconnection, if
2 any, of the district from which it was disconnected, and
3 shall assume a proportionate share of the bonded
4 indebtedness, if any, of the district to which it is
5 transferred.
6 (c) Five percent or more of the legal voters residing
7 within the limits of the territory proposed to be transferred
8 may file a petition, in the court of the county where the
9 district to which it seeks to be transferred is organized,
10 setting forth: the description of the territory sought to be
11 transferred; that the territory is located within the
12 corporate limits of a municipality; that the district to
13 which the transfer is sought provides fire protection service
14 within such municipality; that the territory is contiguous to
15 the district to which the transfer is sought to be made; that
16 such municipality does not provide fire protection service;
17 that the territory comprises all of that portion of a fire
18 protection district located within such municipality; that
19 the territory will receive equal or greater benefits from the
20 district to which it seeks the transfer; that the district to
21 which the transfer is sought to be made provides fire
22 protection service to more than 70% of the territory of such
23 municipality; and the amount of any outstanding bonded
24 indebtedness against the district or districts in which the
25 territory is then situated which has been incurred pursuant
26 to this Act; and praying that the question whether the
27 transfer shall be made, and whether the voters of such
28 territory shall remain liable for a proportionate share of
29 the bonded indebtedness outstanding as of the date of the
30 transfer, if any, of the district from which it was
31 transferred and also assume a proportionate share of the
32 bonded indebtedness, if any, of the district to which the
33 transfer is to be made, be submitted to the voters of the
34 territory sought to be transferred.
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1 (d) Upon the filing of the petition, the court shall set
2 a day for hearing, not less than 2 weeks nor more than 4
3 weeks from the filing thereof, and the court, or the circuit
4 clerk or sheriff upon order of the court, shall give 2 weeks
5 notice of such hearing in one or more daily or weekly
6 newspapers of general circulation in the county or in each
7 county wherein the district or districts from which the
8 territory sought to be transferred is organized, and by
9 posting at least 10 copies of the notice in conspicuous
10 places in the district or in each of the districts from which
11 the territory is sought to be transferred, and in addition
12 shall cause a copy of the notice to be personally served upon
13 each of the trustees of the district to which the transfer is
14 sought to be made at least one week before the date set for
15 the hearing. In such notice, or in any accompanying notice
16 to be served upon the trustees at the same time, a recital
17 shall be made stating that the trustees may at any time prior
18 to the date of the hearing, or within such additional time as
19 may be granted by the court upon request in writing filed on
20 or before such date, file a written refusal to accept the
21 territory as part of their district. However, such
22 notification need not be given to the trustees if they file
23 in the proceeding their written appearances or written
24 consent to a transfer of the territory to their district.
25 (e) At any time prior to the date set for the hearing,
26 or within such additional time as may be granted by the
27 court, the trustees of the district to which the transfer is
28 sought to be made may file a written refusal to accept the
29 territory as part of their district and in case of such
30 refusal the court shall enter an order dismissing the
31 petition for the transfer. The trustees may withdraw their
32 refusal at any time prior to the entry of an order dismissing
33 the petition. In case the trustees fail to file a written
34 refusal within the time hereinbefore authorized, they shall
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1 be deemed to have consented to a transfer of the territory to
2 their district, and consent once given may not be withdrawn
3 without leave of court for good cause shown. In case of such
4 consent, the court shall proceed with the matter as herein
5 provided, but if the court finds that any of the conditions
6 herein required for the making of a transfer do not exist it
7 shall enter an order dismissing the petition. In taking any
8 action upon the petition, the findings of the court shall
9 become a part of the court record in the case.
10 (f) All property owners in the district from which the
11 transfer is sought, and all persons interested therein, may
12 file objections, and at the hearing may appear and contest
13 the transfer and the matters averred in the petition, and
14 objectors and petitioners may offer any competent evidence in
15 regard thereto. In addition, all persons residing in or
16 interested in any of the property situated in the territory
17 sought to be transferred shall have an opportunity to be
18 heard regarding the location and boundary of the territory to
19 be voted upon for such transfer, and may make suggestions
20 about such matters.
21 (g) If the court shall, upon hearing the petition, find
22 that the territory described in the petition would receive
23 equal or greater benefits by being so transferred and meet
24 the conditions hereinbefore set forth, it shall certify to
25 the proper election officials the question of whether the
26 territory shall be transferred, and its order, and such
27 officials shall submit that question at an election in such
28 territory in accordance with the general election law. The
29 proposition shall be in substantially the following form:
30 -------------------------------------------------------------
31 For making the transfer from the
32 .......... Fire Protection
33 District to the .......... Fire
34 Protection District, remaining liable
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1 for a proportionate share of the bonded
2 indebtedness outstanding as of the date
3 of disconnection, if any, of the district
4 from which disconnection is proposed,
5 and also assuming a proportionate
6 share of the bonded indebtedness, if
7 any, of the district to which transfer
8 is proposed.
9 -------------------------------------------------------------
10 Against making the transfer from
11 the .......... Fire Protection
12 District to the ..........
13 Fire Protection District, remaining
14 liable for a proportionate share of
15 the bonded indebtedness outstanding
16 as of the date of disconnection, if
17 any, of the district from which
18 disconnection is proposed, and also
19 assuming a proportionate share of the
20 bonded indebtedness, if any, of the
21 district to which the transfer is proposed.
22 -------------------------------------------------------------
23 (h) If a majority of the votes cast upon the question of
24 making the transfer shall be in favor of the transfer, the
25 territory shall thenceforth cease to be a part of the fire
26 protection district or districts to which it has been
27 attached and shall become an integral part of the fire
28 protection district to which the transfer shall have been
29 sought and shall be subject to all the enjoyments and
30 responsibilities of the latter district. In each case in
31 which a transfer is effected pursuant to the provisions
32 hereof, the circuit clerk in whose court the transfer
33 proceedings have been conducted shall certify copies of all
34 orders entered in effecting such transfer and file or send
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1 them to the proper county clerk or clerks for filing and to
2 the Office of the State Fire Marshal.
3 (Source: P.A. 85-556.)
4 Section 75. The School Code is amended by changing
5 Section 24-2 to eliminate Good Friday as a legal school
6 holiday, which provision was held unconstitutional as a
7 violation of the establishment clause of the U.S.
8 Constitution by the United States Court of Appeals in Metzl
9 v. Leininger, 57 F. 3d 618 (7th Cir. 1995), the amended
10 Section to read as follows:
11 (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
12 Sec. 24-2. Holidays. Teachers shall not be required to
13 teach on Saturdays; nor shall teachers or other school
14 employees, other than noncertificated school employees whose
15 presence is necessary because of an emergency or for the
16 continued operation and maintenance of school facilities or
17 property, be required to work on legal school holidays, which
18 are January 1, New Year's Day; the third Monday in January,
19 the Birthday of Dr. Martin Luther King, Jr.; February 12, the
20 Birthday of President Abraham Lincoln; the first Monday in
21 March (to be known as Casimir Pulaski's birthday); Good
22 Friday; the day designated as Memorial Day by federal law;
23 July 4, Independence Day; the first Monday in September,
24 Labor Day; the second Monday in October, Columbus Day;
25 November 11, Veteran's Day; the Thursday in November commonly
26 called Thanksgiving Day; and December 25, Christmas Day.
27 School boards may grant special holidays whenever in their
28 judgment such action is advisable, except that no school
29 board or board of education in a school district having a
30 population exceeding 500,000 the board of education may not
31 designate or observe as a legal or special holiday on which
32 teachers or other school employees are not required to work
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1 the days on which general elections for members of the
2 Illinois House of Representatives are held. No deduction
3 shall be made from the time or compensation of a school
4 employee on account of any legal or special holiday.
5 Commemorative holidays, which recognize specified
6 patriotic, civic, cultural or historical persons, activities,
7 or events, are regular school days. Commemorative holidays
8 are: January 28 (to be known as Christa McAuliffe Day and
9 observed as a commemoration of space exploration), February
10 15 (the birthday of Susan B. Anthony), March 29 (Viet Nam War
11 Veterans Day), the school day immediately preceding Veteran's
12 Day (Korean War Veterans Day), October 1 (Recycling Day),
13 December 7 (Pearl Harbor Veterans Day) and any day so
14 appointed by the President or Governor. School boards may
15 establish commemorative holidays whenever in their judgment
16 such action is advisable. School boards shall include
17 instruction relative to commemorated persons, activities, or
18 events on the commemorative holiday or at any other time
19 during the school year and at any point in the curriculum
20 when such instruction may be deemed appropriate. The State
21 Board of Education shall prepare and make available to school
22 boards instructional materials relative to commemorated
23 persons, activities, or events which may be used by school
24 boards in conjunction with any instruction provided pursuant
25 to this paragraph.
26 City of Chicago School District 299 shall observe March 4
27 of each year as a commemorative holiday. This holiday shall
28 be known as Mayors' Day which shall be a day to commemorate
29 and be reminded of the past Chief Executive Officers of the
30 City of Chicago, and in particular the late Mayor Richard J.
31 Daley and the late Mayor Harold Washington. If March 4 falls
32 on a Saturday or Sunday, Mayors' Day shall be observed on the
33 following Monday.
34 (Source: P.A. 89-610, eff. 8-6-96; 89-622, eff. 8-9-96;
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1 revised 9-9-96.)
2 Section 80. The University of Illinois Trustees Act is
3 amended by changing Section 1 to replace provisions removing
4 the sitting elected trustees from office before the
5 expiration of their terms in response to the Illinois Supreme
6 Court decision in Tully v. Edgar, 171 Ill. 2d 297 (1996),
7 which decision held that the removal of the sitting elected
8 trustees from office violates the constitutional right to
9 vote, the amended Section to read as follows:
10 (110 ILCS 310/1) (from Ch. 144, par. 41)
11 Sec. 1. The Board of Trustees of the University of
12 Illinois shall consist of 9 trustees appointed by the
13 Governor, by and with the advice and consent of the Senate,
14 the Governor, and one nonvoting student member from each
15 campus of the University of Illinois.
16 Each nonvoting student member shall serve a term of one
17 year, beginning on July 1 of each year or on the date of his
18 or her selection, whichever is later, and expiring on the
19 next succeeding June 30. The student members shall have all
20 of the privileges of membership, including the right to make
21 and second motions and to attend executive sessions, other
22 than the right to vote. The method of selecting these
23 student members shall be determined by campus-wide student
24 referendum. Nonvoting student members shall not be considered
25 members for the purpose of determining a quorum at any
26 meeting of the board or any of its committees.
27 The term of Each elected trustee who is in office on the
28 effective date of this amendatory Act of 1995 shall be
29 succeeded in that office, upon the expiration of his or her
30 elected term, by a trustee who is appointed by the Governor,
31 by and with the advice and consent of the Senate. The
32 successors in office of all of the trustees initially so
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1 appointed shall likewise be appointed by the Governor, by and
2 with the advice and consent of the Senate. terminate on the
3 second Monday in January, 1996, or when a quorum of the
4 trustees initially to be appointed under this amendatory Act
5 of 1995 is appointed and qualified, whichever last occurs.
6 No more than 5 of the members appointed by the Governor
7 shall be affiliated with the same political party. The term
8 of office of each appointed trustee shall be 6 years from the
9 second third Monday in January of each odd numbered year;
10 provided that year, except that of the 3 9 trustees initially
11 appointed by the Governor to succeed the 3 trustees whose
12 elected terms expired on the second Monday of January 1997, 3
13 shall serve be appointed for terms that commence on the date
14 of their appointment and expire on the second Monday in
15 January, 2003 1997; the 3 trustees who are appointed by the
16 Governor to succeed the 3 trustees whose elected terms expire
17 on the second Monday of January, 1999 shall be appointed for
18 terms that commence on the date of their appointment and
19 expire on the second Monday in January, 2005 1999; and the 3
20 trustees who are appointed by the Governor to succeed the 3
21 trustees whose elected terms expire on the second Monday of
22 January, 2001 shall be appointed for terms that commence on
23 the date of their appointment and expire on the second Monday
24 in January, 2007 2001. Upon expiration of the terms of each
25 of the 9 members initially so appointed by the Governor,
26 their respective successors shall be appointed for terms of 6
27 years from the second Monday in January of each odd numbered
28 year and until their respective successors are appointed and
29 confirmed qualified.
30 A vacancy in the office of an elected or appointed
31 trustee Vacancies shall be filled for the unexpired term in
32 the same manner as original appointments are required to be
33 made under this amendatory Act of 1997. If a vacancy in
34 membership occurs at a time when the Senate is not in
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1 session, the Governor shall make temporary appointments until
2 the next meeting of the Senate, when he shall appoint persons
3 to fill such memberships for the remainder of their
4 respective terms. If the Senate is not in session when
5 appointments for a full term are made, appointments shall be
6 made as in the case of vacancies.
7 No action of the board shall be invalidated by reason of
8 any vacancies on the board, or by reason of any failure to
9 select nonvoting student members.
10 (Source: P.A. 89-4, eff. 7-1-95 (eff. date changed from
11 1-1-96 by P.A. 89-24); 89-5, eff. 1-1-96.)
12 (220 ILCS 5/8-402.1 rep.)
13 Section 85. The Public Utilities Act is amended by
14 repealing Section 8-402.1, which requires public utilities
15 and the Illinois Commerce Commission, in complying with the
16 federal Clean Air Act Amendments of 1990, to take into
17 account the need to use coal mined in Illinois and which was
18 held to violate the commerce clause of the United States
19 Constitution by the United States District Court for the
20 Northern District of Illinois, Eastern Division, in Alliance
21 for Clean Coal v. Craig, 840 F. Supp. 554 (1993).
22 Section 90. The Public Utilities Act is amended by
23 changing Sections 9-212, 9-214, and 9-220 to remove
24 cross-references to Section 8-402.1 of the Public Utilities
25 Act which Section is repealed in the preceding Section, the
26 amended Sections to read as follows:
27 (220 ILCS 5/9-212) (from Ch. 111 2/3, par. 9-212)
28 Sec. 9-212. No new electric utility generating plant or
29 gas production facility, or significant addition to existing
30 facilities or plant, shall be included in a utility's rate
31 base unless and until the utility proves, and the Commission
-69- LRB9001889OBpk
1 determines, that such plant or facility is both prudent and
2 used and useful in providing utility service to the utility's
3 customers. For purposes of this Section, prudency shall mean
4 that at the time of certification, initiation of construction
5 and each subsequent evaluation of any construction project
6 until the time of completion, based on the evidence
7 introduced in any hearings and all information which was
8 known or should have been known at the time, and relevant
9 planning and certification criteria, it was prudent and
10 reasonable to conclude that the generating or production
11 facility would be used and useful in providing service to
12 customers at the time of completion. If the Commission has
13 issued a certificate of public convenience and necessity for
14 the completed facility and, to the extent that the Commission
15 approves continued construction upon reevaluation subsequent
16 to certification, such actions shall constitute prima facie
17 evidence of the prudency of construction. If the Commission
18 determines as a result of reevaluation during construction
19 that the facility should not be completed, such determination
20 shall constitute prima facie evidence that subsequent
21 construction expenditures were imprudent.
22 A generation or production facility is used and useful
23 only if, and only to the extent that, it is necessary to meet
24 customer demand or economically beneficial in meeting such
25 demand. No generation or production facility shall be found
26 used and useful until and unless it is capable of generation
27 or production at significant operating levels on a consistent
28 and sustainable basis. Any pollution control devices for the
29 control of sulfur dioxide emissions installed or used in
30 accordance with, and up to the cost specified in, an order or
31 supplemental order of the Commission entered pursuant to
32 subsection (e) of Section 8-402.1 shall be deemed prudent and
33 shall, upon being placed into operation on a consistent,
34 sustainable basis by the public utility, be deemed used and
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1 useful.
2 (Source: P.A. 87-173.)
3 (220 ILCS 5/9-214) (from Ch. 111 2/3, par. 9-214)
4 Sec. 9-214. (a) As used in this Section:
5 (1) "CWIP" means those assets which are recorded as
6 construction work in progress on a public utility's books
7 of accounts maintained in accordance with the applicable
8 regulations and orders of the Commission.
9 (2) "Rate base" means the original cost value of
10 the property on which a return is allowed.
11 (3) "CWIP ratio" means the fraction, expressed as a
12 percentage, calculated by dividing the amount of CWIP
13 included in a public utility's rate base by the utility's
14 rate base.
15 (4) "Existing CWIP" means the amount of CWIP
16 included in the rate base on December 1, 1983.
17 (b) In any determination under Section 9-201, 9-202 or
18 9-250 of this Act in a proceeding begun on or after December
19 1, 1983:
20 (1) For any public utility with a CWIP ratio on
21 December 1, 1983, which is less than 15%, the Commission
22 shall not include in the rate base for such public
23 utility an amount for CWIP to exceed 80% of existing CWIP
24 for the period from December 1, 1983 through December 31,
25 1984, and 60% of existing CWIP for the period from
26 January 1, 1985 through December 31, 1985 and 40% of
27 existing CWIP for the period from January 1, 1986 through
28 December 31, 1986, and 20% of existing CWIP for the
29 period from January 1, 1987 through December 31, 1987.
30 (2) For any public utility with a CWIP ratio on
31 December 1, 1983 which is greater than or equal to 15%,
32 the Commission shall not include in the rate base for
33 such public utility an amount for CWIP in excess of the
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1 amount of CWIP included in the rate base on December 1,
2 1983, plus 50% of the allowed construction expenses
3 incurred by the public utility from the date of the most
4 recent rate determination by the Commission prior to
5 December 1, 1983.
6 (c) The limitations set forth in paragraph (b) of this
7 Section shall not be interpreted as an expansion of the
8 Commission's authority to include CWIP in the rate base, but
9 rather solely as a limitation thereon.
10 (d) The Commission shall not include an amount for CWIP
11 in the rate base for any public utility for the period after
12 December 31, 1988.
13 (e) Notwithstanding the provisions of paragraphs (b) and
14 (d) of this Section the Commission may include in the rate
15 base of a public utility an amount for CWIP for a public
16 utility's investment which is scheduled to be placed in
17 service within 12 months of the date of the rate
18 determination. For the purposes of this paragraph nuclear
19 generating facilities shall be considered to be in service
20 upon the commencement of electric generation.
21 (f) Notwithstanding the provisions of paragraph (b) and
22 (d), the Commission may include in the rate base of a public
23 utility an amount of CWIP for a public utility's investment
24 in pollution control devices for the control of sulfur
25 dioxide emissions and the purification of water and sewage;
26 provided, however, that upon application by a public utility
27 which is constructing one or more pollution control devices
28 for the control of sulfur dioxide emissions as part of a
29 Clean Air Act compliance plan approved by the Commission
30 pursuant to subsection (e) of Section 8-402.1, the Commission
31 shall include in such public utility's rate base an amount of
32 CWIP equal to its investment in such pollution control device
33 or devices, but not to exceed the estimated cost of such
34 facilities specified in the Commission's order or
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1 supplemental order pursuant to subsection (e) of Section
2 8-402.1. For purposes of this subsection (f), the public
3 utility's investment shall not include the amount of any
4 state, federal or other grants provided to the public utility
5 to fund the design, acquisition, construction, installation
6 and testing of pollution control devices for the control of
7 sulfur dioxide emissions.
8 (g) Except for those amounts of CWIP described in
9 paragraphs (e) and (f) of this Section, the Commission shall
10 consider, in any rate filing subsequent to the coming on line
11 of any new utility plant where CWIP funds have been allowed
12 in rate base, a rate moderation plan directed towards
13 allowing an appropriate return to ratepayers for previous
14 amounts attributable to CWIP funds.
15 The Commission shall conduct an investigation and study
16 of the costs and benefits to ratepayers of the inclusion of
17 construction work in progress in rate base. Such study shall
18 include a full opportunity for participation by the public
19 through notice and hearings. If the Commission determines
20 that in certain circumstances the inclusion of CWIP in rate
21 base would be demonstrably beneficial to ratepayers, the
22 Commission shall report its findings with recommendations to
23 the General Assembly by December 31, 1988.
24 (Source: P.A. 87-173.)
25 (220 ILCS 5/9-220) (from Ch. 111 2/3, par. 9-220)
26 Sec. 9-220. Notwithstanding the provisions of Section
27 9-201, the Commission may authorize the increase or decrease
28 of rates and charges based upon changes in the cost of fuel
29 used in the generation or production of electric power,
30 changes in the cost of purchased power, or changes in the
31 cost of purchased gas through the application of fuel
32 adjustment clauses or purchased gas adjustment clauses. The
33 Commission may also authorize the increase or decrease of
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1 rates and charges based upon expenditures or revenues
2 resulting from the purchase or sale of emission allowances
3 created under the federal Clean Air Act Amendments of 1990,
4 P.L. 101-549 as defined in Section 8-402.1, through such fuel
5 adjustment clauses, as a cost of fuel. For the purposes of
6 this paragraph, cost of fuel used in the generation or
7 production of electric power shall include the amount of any
8 fees paid by the utility for the implementation and operation
9 of a process for the desulfurization of the flue gas when
10 burning high sulfur coal at any location within the State of
11 Illinois irrespective of the attainment status designation of
12 such location, except for any fees or costs related to a
13 service contract which is part of a utility's Clean Air Act
14 compliance plan approved pursuant to Section 8-402.1, to the
15 extent that recovery of comparable costs would not be
16 permitted under this Section if incurred directly by a
17 utility owning and operating such a facility; but shall not
18 include transportation costs of coal. except as otherwise
19 provided in this paragraph. Such costs of fuel shall, when
20 requested by a utility or at the conclusion of the utility's
21 next general electric rate proceeding, whichever shall first
22 occur, include transportation costs of coal purchased under
23 existing coal purchase contracts. For purposes of this
24 paragraph "existing coal purchase contracts" means contracts
25 for the purchase of coal in effect on the effective date of
26 this amendatory Act of 1991, as such contracts may thereafter
27 be amended, but only to the extent that any such amendment
28 does not increase the aggregate quantity of coal to be
29 purchased under such contract. Cost shall be based upon
30 uniformly applied accounting principles. Annually, the
31 Commission shall initiate public hearings to determine
32 whether the clauses reflect actual costs of fuel, gas, or
33 power, or coal transportation purchased to determine whether
34 such purchases were prudent, and to reconcile any amounts
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1 collected with the actual costs of fuel, power, or gas, or
2 coal transportation prudently purchased. In each such
3 proceeding, the burden of proof shall be upon the utility to
4 establish the prudence prudency of its cost of fuel, power,
5 or gas, or coal transportation purchases and costs.
6 The Commission shall have authority to promulgate rules
7 and regulations to carry out the provisions of this
8 paragraph.
9 (Source: P.A. 87-173; 88-488.)
10 Section 95. The Children and Family Services Act is
11 amended by changing Section 5 to permit relative caregivers
12 who were approved or preapproved as relative caregivers by
13 DCFS on July 1, 1995, to continue to receive foster care
14 payments until DCFS has approved or denied their applications
15 for licensure as foster family homes in response to the
16 United States Court of Appeals, Seventh Circuit, decision in
17 Youakim v. McDonald, 71 F. 3d 1274 (7th Cir. 1995), which
18 decision held that it was a denial of due process to
19 discontinue payments to approved and preapproved relative
20 caregivers until DCFS acted on their applications for
21 licensure as foster family care homes, the amended Section to
22 read as follows:
23 (20 ILCS 505/5) (from Ch. 23, par. 5005)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 5. To provide direct child welfare services when
26 not available through other public or private child care or
27 program facilities.
28 (a) For purposes of this Section:
29 (1) "Children" means persons found within the State
30 who are under the age of 18 years. The term also
31 includes persons under age 19 who:
32 (A) were committed to the Department pursuant
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1 to the Juvenile Court Act or the Juvenile Court Act
2 of 1987, as amended, prior to the age of 18 and who
3 continue under the jurisdiction of the court; or
4 (B) were accepted for care, service and
5 training by the Department prior to the age of 18
6 and whose best interest in the discretion of the
7 Department would be served by continuing that care,
8 service and training because of severe emotional
9 disturbances, physical disability, social adjustment
10 or any combination thereof, or because of the need
11 to complete an educational or vocational training
12 program.
13 (2) "Homeless youth" means persons found within the
14 State who are under the age of 19, are not in a safe and
15 stable living situation and cannot be reunited with their
16 families.
17 (3) "Child welfare services" means public social
18 services which are directed toward the accomplishment of
19 the following purposes:
20 (A) protecting and promoting the welfare of
21 children, including homeless, dependent or neglected
22 children;
23 (B) preventing or remedying, or assisting in
24 the solution of problems which may result in, the
25 neglect, abuse, exploitation or delinquency of
26 children;
27 (C) preventing the unnecessary separation of
28 children from their families by identifying family
29 problems, assisting families in resolving their
30 problems, and preventing the breakup of the family
31 where the prevention of child removal is desirable
32 and possible;
33 (D) restoring to their families children who
34 have been removed, by the provision of services to
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1 the child and the families;
2 (E) placing children in suitable adoptive
3 homes, in cases where restoration to the biological
4 family is not possible or appropriate;
5 (F) assuring adequate care of children away
6 from their homes, in cases where the child cannot be
7 returned home or cannot be placed for adoption;
8 (G) providing supportive services and living
9 maintenance which contribute to the physical,
10 emotional and social well-being of children who are
11 pregnant and unmarried;
12 (H) providing shelter and independent living
13 services for homeless youth; and
14 (I) placing and maintaining children in
15 facilities that provide separate living quarters for
16 children under the age of 18 and for children 18
17 years of age and older, unless a child 18 years of
18 age is in the last year of high school education or
19 vocational training, in an approved individual or
20 group treatment program, or in a licensed shelter
21 facility. The Department is not required to place
22 or maintain children:
23 (i) who are in a foster home, or
24 (ii) who are persons with a developmental
25 disability, as defined in the Mental Health and
26 Developmental Disabilities Code, or
27 (iii) who are female children who are
28 pregnant, pregnant and parenting or parenting,
29 or
30 (iv) who are siblings,
31 in facilities that provide separate living quarters
32 for children 18 years of age and older and for
33 children under 18 years of age.
34 (b) Nothing in this Section shall be construed to
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1 authorize the expenditure of public funds for the purpose of
2 performing abortions.
3 (c) The Department shall establish and maintain
4 tax-supported child welfare services and extend and seek to
5 improve voluntary services throughout the State, to the end
6 that services and care shall be available on an equal basis
7 throughout the State to children requiring such services.
8 (d) The Director may authorize advance disbursements for
9 any new program initiative to any agency contracting with the
10 Department. As a prerequisite for an advance disbursement,
11 the contractor must post a surety bond in the amount of the
12 advance disbursement and have a purchase of service contract
13 approved by the Department. The Department may pay up to 2
14 months operational expenses in advance. The amount of the
15 advance disbursement shall be prorated over the life of the
16 contract or the remaining months of the fiscal year,
17 whichever is less, and the installment amount shall then be
18 deducted from future bills. Advance disbursement
19 authorizations for new initiatives shall not be made to any
20 agency after that agency has operated during 2 consecutive
21 fiscal years. The requirements of this Section concerning
22 advance disbursements shall not apply with respect to the
23 following: payments to local public agencies for child day
24 care services as authorized by Section 5a of this Act; and
25 youth service programs receiving grant funds under Section
26 17a-4.
27 (e) For the purpose of insuring effective state-wide
28 planning, development, and utilization of resources for the
29 day care of children, operated under various auspices, the
30 Department is hereby designated to coordinate all day care
31 activities for children of the State and shall:
32 (1) Develop on or before December 1, 1977, and
33 update every year thereafter, a state comprehensive
34 day-care plan for submission to the Governor which
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1 identifies high-priority areas and groups, relating them
2 to available resources, and identifying the most
3 effective approaches to the use of existing day care
4 services. The State comprehensive day-care plan shall be
5 made available to the General Assembly following the
6 Governor's approval of the plan.
7 The plan shall include methods and procedures for
8 the development of additional day care resources for
9 children to meet the goal of reducing short-run and
10 long-run dependency and to provide necessary enrichment
11 and stimulation to the education of young children.
12 Recommendation shall be made for State policy on optimum
13 use of private and public, local, state and federal
14 resources, including an estimate of the resources needed
15 for the licensing and regulation of day care facilities.
16 A written report shall be submitted to the Governor
17 and the General Assembly, annually, on April 15, and
18 shall include an evaluation of developments over the
19 preceding fiscal year, including cost-benefit analyses of
20 various arrangements. Beginning with the report in 1990
21 and every 2 years thereafter, the report shall also
22 include the following:
23 (A) An assessment of the child care services,
24 needs and available resources throughout the State
25 and an assessment of the adequacy of existing child
26 care services, including, but not limited to,
27 services assisted under this Act and under any other
28 program administered by other State agencies.
29 (B) A survey of day care facilities to
30 determine the number of qualified caregivers, as
31 defined by rule, attracted to vacant positions and
32 any problems encountered by facilities in attracting
33 and retaining capable caregivers.
34 (C) The average wages and salaries and fringe
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1 benefit packages paid to caregivers throughout the
2 State, computed on a regional basis.
3 (D) The qualifications of new caregivers hired
4 at licensed day care facilities during the previous
5 2 year period.
6 (E) Recommendations for increasing caregiver
7 wages and salaries to insure quality care for
8 children.
9 (F) Evaluation of the fee structure and income
10 eligibility for child care subsidized by the State.
11 The requirement for reporting to the General
12 Assembly shall be satisfied by filing copies of the
13 report with the Speaker, the Minority Leader and the
14 Clerk of the House of Representatives and the President,
15 the Minority Leader and the Secretary of the Senate and
16 the Legislative Research Unit, as required by Section 3.1
17 of the General Assembly Organization Act, and filing such
18 additional copies with the State Government Report
19 Distribution Center for the General Assembly as is
20 required under paragraph (t) of Section 7 of the State
21 Library Act.
22 (2) Establish policies and procedures for
23 developing and implementing interagency agreements with
24 other agencies of the State providing child care services
25 or reimbursement for such services.
26 (3) In cooperation with other State agencies,
27 develop and implement a resource and referral system for
28 the State of Illinois either within the Department or by
29 contract with local or regional agencies. Funding for
30 implementation of this system may be provided through
31 Department appropriations or other inter-agency funding
32 arrangements. The resource and referral system shall
33 provide at least the following services:
34 (A) assembling and maintaining a data base on
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1 the supply of child care services;
2 (B) providing information and referrals for
3 parents;
4 (C) coordinating the development of new child
5 care resources;
6 (D) providing technical assistance and
7 training to child care service providers; and
8 (E) recording and analyzing the demand for
9 child care services.
10 The Department shall complete implementation of this
11 resource and referral system in all regions of the State
12 by January 1, 1992.
13 (4) Conduct day care planning activities with the
14 following priorities:
15 (A) development of voluntary day care
16 resources wherever possible, with the provision for
17 grants-in-aid only where demonstrated to be useful
18 and necessary as incentives or supports;
19 (B) emphasis on service to children of
20 recipients of public assistance where such service
21 will allow training or employment of the parent
22 toward achieving the goal of independence;
23 (C) maximum employment of recipients of public
24 assistance in day care centers and day care homes,
25 operated in conjunction with short-term work
26 training programs;
27 (D) care of children from families in stress
28 and crises whose members potentially may become, or
29 are in danger of becoming, non-productive and
30 dependent;
31 (E) expansion of family day care facilities
32 wherever possible;
33 (F) location of centers in economically
34 depressed neighborhoods, preferably in multi-service
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1 centers with cooperation of other agencies;
2 (G) use of existing facilities free of charge
3 or for reasonable rental wherever possible in lieu
4 of construction;
5 (H) development of strategies for assuring a
6 more complete range of day care options, including
7 provision of day care services in homes, in schools
8 or in centers, which will enable a parent or parents
9 to complete a course of education or obtain or
10 maintain employment.
11 Emphasis shall be given to support services which
12 will help to ensure such parents' graduation from high
13 school and to services for participants in the Project
14 Chance program of job training conducted by the Illinois
15 Department of Public Aid.
16 (5) Actively stimulate the development of public
17 and private resources at the local level. It shall also
18 seek the fullest utilization of federal funds directly or
19 indirectly available to the Department.
20 Where appropriate, existing non-governmental agencies or
21 associations shall be involved in planning by the Department.
22 (f) The Department, pursuant to a contract with the
23 Illinois Department of Public Aid, may provide child care
24 services to former recipients of assistance under The
25 Illinois Public Aid Code as authorized by Section 9-6.3 of
26 that Code.
27 (g) The Department shall establish rules and regulations
28 concerning its operation of programs designed to meet the
29 goals of child protection, family preservation, family
30 reunification, adoption and youth development, including but
31 not limited to:
32 (1) adoption;
33 (2) foster care;
34 (3) family counseling;
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1 (4) protective services;
2 (5) service to unwed mothers;
3 (6) homemaker service;
4 (7) return of runaway children;
5 (8) independent living skills and shelter for
6 homeless youth;
7 (9) placement under Section 5-7 of the Juvenile
8 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
9 Juvenile Court Act of 1987 in accordance with the federal
10 Adoption Assistance and Child Welfare Act of 1980; and
11 (10) interstate services.
12 Rules and regulations established by the Department shall
13 include provisions for training Department staff and the
14 staff of Department grantees, through contracts with other
15 agencies or resources, in alcohol and drug abuse screening
16 techniques to identify children and adults who should be
17 referred to an alcohol and drug abuse treatment program for
18 professional evaluation.
19 (h) If the Department finds that there is no appropriate
20 program or facility within or available to the Department for
21 a ward and that no licensed private facility has an adequate
22 and appropriate program or none agrees to accept the ward,
23 the Department shall create an appropriate individualized,
24 program-oriented plan for such ward. The plan may be
25 developed within the Department or through purchase of
26 services by the Department to the extent that it is within
27 its statutory authority to do.
28 (i) Service programs shall be available throughout the
29 State and shall include but not be limited to the following
30 services:
31 (1) case management;
32 (2) homemakers;
33 (3) counseling;
34 (4) parent education;
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1 (5) day care; and
2 (6) emergency assistance and advocacy.
3 In addition, the following services may be made available
4 to assess and meet the needs of children and families:
5 (1) comprehensive family-based services;
6 (2) assessments;
7 (3) respite care; and
8 (4) in-home health services.
9 The Department shall provide transportation for any of
10 the services it makes available to children or families or
11 for which it refers children or families.
12 (j) The Department may provide financial assistance, and
13 shall establish rules and regulations concerning such
14 assistance, to persons who adopt physically or mentally
15 handicapped, older and other hard-to-place children who
16 immediately prior to their adoption were legal wards of the
17 Department. The Department may also provide financial
18 assistance, and shall establish rules and regulations for
19 such assistance, to persons appointed guardian of the person
20 under Section 5-7 of the Juvenile Court Act or Section 2-27,
21 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
22 children who were wards of the Department for 12 months
23 immediately prior to the appointment of the successor
24 guardian and for whom the Department has set a goal of
25 permanent family placement with a foster family.
26 The amount of assistance may vary, depending upon the
27 needs of the child and the adoptive parents, but must be at
28 least $25 less than the monthly cost of care of the child in
29 a foster home, as set forth in the annual assistance
30 agreement. Special purpose grants are allowed where the
31 child requires special service but such costs may not exceed
32 the amounts which similar services would cost the Department
33 if it were to provide or secure them as guardian of the
34 child.
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1 Any financial assistance provided under this subsection
2 is inalienable by assignment, sale, execution, attachment,
3 garnishment, or any other remedy for recovery or collection
4 of a judgment or debt.
5 (k) The Department shall accept for care and training
6 any child who has been adjudicated neglected or abused, or
7 dependent committed to it pursuant to the Juvenile Court Act
8 or the Juvenile Court Act of 1987.
9 (l) Before July 1, 2000, the Department may provide, and
10 beginning July 1, 2000, the Department shall provide, family
11 preservation services, as determined to be appropriate and in
12 the child's best interests and when the child will not be in
13 imminent risk of harm, to any family whose child has been
14 placed in substitute care, any persons who have adopted a
15 child and require post-adoption services, or any persons
16 whose child or children are at risk of being placed outside
17 their home as documented by an "indicated" report of
18 suspected child abuse or neglect determined pursuant to the
19 Abused and Neglected Child Reporting Act. Nothing in this
20 paragraph shall be construed to create a private right of
21 action or claim on the part of any individual or child
22 welfare agency.
23 The Department shall notify the child and his family of
24 the Department's responsibility to offer and provide family
25 preservation services as identified in the service plan. The
26 child and his family shall be eligible for services as soon
27 as the report is determined to be "indicated". The
28 Department may offer services to any child or family with
29 respect to whom a report of suspected child abuse or neglect
30 has been filed, prior to concluding its investigation under
31 Section 7.12 of the Abused and Neglected Child Reporting Act.
32 However, the child's or family's willingness to accept
33 services shall not be considered in the investigation. The
34 Department may also provide services to any child or family
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1 who is the subject of any report of suspected child abuse or
2 neglect or may refer such child or family to services
3 available from other agencies in the community, even if the
4 report is determined to be unfounded, if the conditions in
5 the child's or family's home are reasonably likely to subject
6 the child or family to future reports of suspected child
7 abuse or neglect. Acceptance of such services shall be
8 voluntary.
9 The Department may, at its discretion except for those
10 children also adjudicated neglected or dependent, accept for
11 care and training any child who has been adjudicated
12 addicted, as a truant minor in need of supervision or as a
13 minor requiring authoritative intervention, under the
14 Juvenile Court Act or the Juvenile Court Act of 1987, but no
15 such child shall be committed to the Department by any court
16 without the approval of the Department. A minor charged with
17 a criminal offense under the Criminal Code of 1961 or
18 adjudicated delinquent shall not be placed in the custody of
19 or committed to the Department by any court, except a minor
20 less than 13 years of age committed to the Department under
21 Section 5-23 of the Juvenile Court Act of 1987.
22 (m) The Department may assume temporary custody of any
23 child if:
24 (1) it has received a written consent to such
25 temporary custody signed by the parents of the child or
26 by the parent having custody of the child if the parents
27 are not living together or by the guardian or custodian
28 of the child if the child is not in the custody of either
29 parent, or
30 (2) the child is found in the State and neither a
31 parent, guardian nor custodian of the child can be
32 located.
33 If the child is found in his or her residence without a
34 parent, guardian, custodian or responsible caretaker, the
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1 Department may, instead of removing the child and assuming
2 temporary custody, place an authorized representative of the
3 Department in that residence until such time as a parent,
4 guardian or custodian enters the home and expresses a
5 willingness and apparent ability to resume permanent charge
6 of the child, or until a relative enters the home and is
7 willing and able to assume charge of the child until a
8 parent, guardian or custodian enters the home and expresses
9 such willingness and ability to resume permanent charge.
10 After a caretaker has remained in the home for a period not
11 to exceed 12 hours, the Department must follow those
12 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
13 Juvenile Court Act of 1987.
14 The Department shall have the authority, responsibilities
15 and duties that a legal custodian of the child would have
16 pursuant to subsection (9) of Section 1-3 of the Juvenile
17 Court Act of 1987. Whenever a child is taken into temporary
18 custody pursuant to an investigation under the Abused and
19 Neglected Child Reporting Act, or pursuant to a referral and
20 acceptance under the Juvenile Court Act of 1987 of a minor in
21 limited custody, the Department, during the period of
22 temporary custody and before the child is brought before a
23 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
24 of the Juvenile Court Act of 1987, shall have the authority,
25 responsibilities and duties that a legal custodian of the
26 child would have under subsection (9) of Section 1-3 of the
27 Juvenile Court Act of 1987.
28 The Department shall ensure that any child taken into
29 custody is scheduled for an appointment for a medical
30 examination.
31 A parent, guardian or custodian of a child in the
32 temporary custody of the Department who would have custody of
33 the child if he were not in the temporary custody of the
34 Department may deliver to the Department a signed request
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1 that the Department surrender the temporary custody of the
2 child. The Department may retain temporary custody of the
3 child for 10 days after the receipt of the request, during
4 which period the Department may cause to be filed a petition
5 pursuant to the Juvenile Court Act of 1987. If a petition is
6 so filed, the Department shall retain temporary custody of
7 the child until the court orders otherwise. If a petition is
8 not filed within the 10 day period, the child shall be
9 surrendered to the custody of the requesting parent, guardian
10 or custodian not later than the expiration of the 10 day
11 period, at which time the authority and duties of the
12 Department with respect to the temporary custody of the child
13 shall terminate.
14 (n) The Department may place children under 18 years of
15 age in licensed child care facilities when in the opinion of
16 the Department, appropriate services aimed at family
17 preservation have been unsuccessful or unavailable and such
18 placement would be for their best interest. Payment for
19 board, clothing, care, training and supervision of any child
20 placed in a licensed child care facility may be made by the
21 Department, by the parents or guardians of the estates of
22 those children, or by both the Department and the parents or
23 guardians, except that no payments shall be made by the
24 Department for any child placed in a licensed child care
25 facility for board, clothing, care, training and supervision
26 of such a child that exceed the average per capita cost of
27 maintaining and of caring for a child in institutions for
28 dependent or neglected children operated by the Department.
29 However, such restriction on payments does not apply in cases
30 where children require specialized care and treatment for
31 problems of severe emotional disturbance, physical
32 disability, social adjustment, or any combination thereof and
33 suitable facilities for the placement of such children are
34 not available at payment rates within the limitations set
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1 forth in this Section. All reimbursements for services
2 delivered shall be absolutely inalienable by assignment,
3 sale, attachment, garnishment or otherwise.
4 (o) The Department shall establish an administrative
5 review and appeal process for children and families who
6 request or receive child welfare services from the
7 Department. Children who are wards of the Department and are
8 placed by private child welfare agencies, and foster families
9 with whom those children are placed, shall be afforded the
10 same procedural and appeal rights as children and families in
11 the case of placement by the Department, including the right
12 to an initial review of a private agency decision by that
13 agency. The Department shall insure that any private child
14 welfare agency, which accepts wards of the Department for
15 placement, affords those rights to children and foster
16 families. The Department shall accept for administrative
17 review and an appeal hearing a complaint made by a child or
18 foster family concerning a decision following an initial
19 review by a private child welfare agency. An appeal of a
20 decision concerning a change in the placement of a child
21 shall be conducted in an expedited manner.
22 (p) There is hereby created the Department of Children
23 and Family Services Emergency Assistance Fund from which the
24 Department may provide special financial assistance to
25 families which are in economic crisis when such assistance is
26 not available through other public or private sources and the
27 assistance is deemed necessary to prevent dissolution of the
28 family unit or to reunite families which have been separated
29 due to child abuse and neglect. The Department shall
30 establish administrative rules specifying the criteria for
31 determining eligibility for and the amount and nature of
32 assistance to be provided. The Department may also enter
33 into written agreements with private and public social
34 service agencies to provide emergency financial services to
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1 families referred by the Department. Special financial
2 assistance payments shall be available to a family no more
3 than once during each fiscal year and the total payments to a
4 family may not exceed $500 during a fiscal year.
5 (q) The Department may receive and use, in their
6 entirety, for the benefit of children any gift, donation or
7 bequest of money or other property which is received on
8 behalf of such children, or any financial benefits to which
9 such children are or may become entitled while under the
10 jurisdiction or care of the Department.
11 The Department shall set up and administer no-cost,
12 interest-bearing savings accounts in appropriate financial
13 institutions ("individual accounts") for children for whom
14 the Department is legally responsible and who have been
15 determined eligible for Veterans' Benefits, Social Security
16 benefits, assistance allotments from the armed forces, court
17 ordered payments, parental voluntary payments, Supplemental
18 Security Income, Railroad Retirement payments, Black Lung
19 benefits, or other miscellaneous payments. Interest earned
20 by each individual account shall be credited to the account,
21 unless disbursed in accordance with this subsection.
22 In disbursing funds from children's individual accounts,
23 the Department shall:
24 (1) Establish standards in accordance with State
25 and federal laws for disbursing money from children's
26 individual accounts. In all circumstances, the
27 Department's "Guardianship Administrator" or his or her
28 designee must approve disbursements from children's
29 individual accounts. The Department shall be responsible
30 for keeping complete records of all disbursements for
31 each individual account for any purpose.
32 (2) Calculate on a monthly basis the amounts paid
33 from State funds for the child's board and care, medical
34 care not covered under Medicaid, and social services; and
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1 utilize funds from the child's individual account, as
2 covered by regulation, to reimburse those costs.
3 Monthly, disbursements from all children's individual
4 accounts, up to 1/12 of $13,000,000, shall be deposited
5 by the Department into the General Revenue Fund and the
6 balance over 1/12 of $13,000,000 into the DCFS Children's
7 Services Fund.
8 (3) Maintain any balance remaining after
9 reimbursing for the child's costs of care, as specified
10 in item (2). The balance shall accumulate in accordance
11 with relevant State and federal laws and shall be
12 disbursed to the child or his or her guardian, or to the
13 issuing agency.
14 (r) The Department shall promulgate regulations
15 encouraging all adoption agencies to voluntarily forward to
16 the Department or its agent names and addresses of all
17 persons who have applied for and have been approved for
18 adoption of a hard-to-place or handicapped child and the
19 names of such children who have not been placed for adoption.
20 A list of such names and addresses shall be maintained by the
21 Department or its agent, and coded lists which maintain the
22 confidentiality of the person seeking to adopt the child and
23 of the child shall be made available, without charge, to
24 every adoption agency in the State to assist the agencies in
25 placing such children for adoption. The Department may
26 delegate to an agent its duty to maintain and make available
27 such lists. The Department shall ensure that such agent
28 maintains the confidentiality of the person seeking to adopt
29 the child and of the child.
30 (s) The Department of Children and Family Services may
31 establish and implement a program to reimburse Department and
32 private child welfare agency foster parents licensed by the
33 Department of Children and Family Services for damages
34 sustained by the foster parents as a result of the malicious
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1 or negligent acts of foster children, as well as providing
2 third party coverage for such foster parents with regard to
3 actions of foster children to other individuals. Such
4 coverage will be secondary to the foster parent liability
5 insurance policy, if applicable. The program shall be funded
6 through appropriations from the General Revenue Fund,
7 specifically designated for such purposes.
8 (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court
13 specifically directs the Department to perform such
14 services; and
15 (2) the court has ordered one or both of the
16 parties to the proceeding to reimburse the Department for
17 its reasonable costs for providing such services in
18 accordance with Department rules, or has determined that
19 neither party is financially able to pay.
20 The Department shall provide written notification to the
21 court of the specific arrangements for supervised visitation
22 and projected monthly costs within 60 days of the court
23 order. The Department shall send to the court information
24 related to the costs incurred except in cases where the court
25 has determined the parties are financially unable to pay. The
26 court may order additional periodic reports as appropriate.
27 (u) Whenever the Department places a child in a licensed
28 foster home, group home, child care institution, or in a
29 relative home, the Department shall provide to the caretaker:
30 (1) available detailed information concerning the
31 child's educational and health history, copies of
32 immunization records (including insurance and medical
33 card information), a history of the child's previous
34 placements, if any, and reasons for placement changes
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1 excluding any information that identifies or reveals the
2 location of any previous caretaker;
3 (2) a copy of the child's portion of the client
4 service plan, including any visitation arrangement, and
5 all amendments or revisions to it as related to the
6 child; and
7 (3) information containing details of the child's
8 individualized educational plan when the child is
9 receiving special education services.
10 The caretaker shall be informed of any known social or
11 behavioral information (including, but not limited to, fire
12 setting, perpetuation of sexual abuse, destructive behavior,
13 and substance abuse) necessary to care for and safeguard the
14 child.
15 (u-5) Effective July 1, 1995, only foster care
16 placements licensed as foster family homes pursuant to the
17 Child Care Act of 1969 shall be eligible to receive foster
18 care payments from the Department. Relative caregivers who,
19 as of July 1, 1995, were approved pursuant to approved
20 relative placement rules previously promulgated by the
21 Department at 89 Ill. Adm. Code 335 and had submitted an
22 application for licensure as a foster family home may
23 continue to receive foster care payments only until the
24 Department determines that they may be licensed as a foster
25 family home or that their application for licensure is denied
26 or until September 30, 1995, whichever occurs first.
27 (v) The Department shall access criminal history record
28 information as defined in the Illinois Uniform Conviction
29 Information Act and information maintained in the
30 adjudicatory and dispositional record system as defined in
31 subdivision (A)19 of Section 55a of the Civil Administrative
32 Code of Illinois if the Department determines the information
33 is necessary to perform its duties under the Abused and
34 Neglected Child Reporting Act, the Child Care Act of 1969,
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1 and the Children and Family Services Act. The Department
2 shall provide for interactive computerized communication and
3 processing equipment that permits direct on-line
4 communication with the Department of State Police's central
5 criminal history data repository. The Department shall
6 comply with all certification requirements and provide
7 certified operators who have been trained by personnel from
8 the Department of State Police. In addition, one Office of
9 the Inspector General investigator shall have training in the
10 use of the criminal history information access system and
11 have access to the terminal. The Department of Children and
12 Family Services and its employees shall abide by rules and
13 regulations established by the Department of State Police
14 relating to the access and dissemination of this information.
15 (w) Within 120 days of August 20, 1995 (the effective
16 date of Public Act 89-392), the Department shall prepare and
17 submit to the Governor and the General Assembly, a written
18 plan for the development of in-state licensed secure child
19 care facilities that care for children who are in need of
20 secure living arrangements for their health, safety, and
21 well-being. For purposes of this subsection, secure care
22 facility shall mean a facility that is designed and operated
23 to ensure that all entrances and exits from the facility, a
24 building or a distinct part of the building, are under the
25 exclusive control of the staff of the facility, whether or
26 not the child has the freedom of movement within the
27 perimeter of the facility, building, or distinct part of the
28 building. The plan shall include descriptions of the types
29 of facilities that are needed in Illinois; the cost of
30 developing these secure care facilities; the estimated number
31 of placements; the potential cost savings resulting from the
32 movement of children currently out-of-state who are projected
33 to be returned to Illinois; the necessary geographic
34 distribution of these facilities in Illinois; and a proposed
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1 timetable for development of such facilities.
2 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
3 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
4 8-20-95; 89-626, eff. 8-9-96.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 5. Direct child welfare services; Department of
7 Children and Family Services. To provide direct child welfare
8 services when not available through other public or private
9 child care or program facilities.
10 (a) For purposes of this Section:
11 (1) "Children" means persons found within the State
12 who are under the age of 18 years. The term also
13 includes persons under age 19 who:
14 (A) were committed to the Department pursuant
15 to the Juvenile Court Act or the Juvenile Court Act
16 of 1987, as amended, prior to the age of 18 and who
17 continue under the jurisdiction of the court; or
18 (B) were accepted for care, service and
19 training by the Department prior to the age of 18
20 and whose best interest in the discretion of the
21 Department would be served by continuing that care,
22 service and training because of severe emotional
23 disturbances, physical disability, social adjustment
24 or any combination thereof, or because of the need
25 to complete an educational or vocational training
26 program.
27 (2) "Homeless youth" means persons found within the
28 State who are under the age of 19, are not in a safe and
29 stable living situation and cannot be reunited with their
30 families.
31 (3) "Child welfare services" means public social
32 services which are directed toward the accomplishment of
33 the following purposes:
34 (A) protecting and promoting the welfare of
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1 children, including homeless, dependent or neglected
2 children;
3 (B) remedying, or assisting in the solution of
4 problems which may result in, the neglect, abuse,
5 exploitation or delinquency of children;
6 (C) preventing the unnecessary separation of
7 children from their families by identifying family
8 problems, assisting families in resolving their
9 problems, and preventing the breakup of the family
10 where the prevention of child removal is desirable
11 and possible;
12 (D) restoring to their families children who
13 have been removed, by the provision of services to
14 the child and the families;
15 (E) placing children in suitable adoptive
16 homes, in cases where restoration to the biological
17 family is not possible or appropriate;
18 (F) assuring adequate care of children away
19 from their homes, in cases where the child cannot be
20 returned home or cannot be placed for adoption;
21 (G) (blank);
22 (H) (blank); and
23 (I) placing and maintaining children in
24 facilities that provide separate living quarters for
25 children under the age of 18 and for children 18
26 years of age and older, unless a child 18 years of
27 age is in the last year of high school education or
28 vocational training, in an approved individual or
29 group treatment program, or in a licensed shelter
30 facility. The Department is not required to place
31 or maintain children:
32 (i) who are in a foster home, or
33 (ii) who are persons with a developmental
34 disability, as defined in the Mental Health and
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1 Developmental Disabilities Code, or
2 (iii) who are female children who are
3 pregnant, pregnant and parenting or parenting,
4 or
5 (iv) who are siblings,
6 in facilities that provide separate living quarters
7 for children 18 years of age and older and for
8 children under 18 years of age.
9 (b) Nothing in this Section shall be construed to
10 authorize the expenditure of public funds for the purpose of
11 performing abortions.
12 (c) The Department shall establish and maintain
13 tax-supported child welfare services and extend and seek to
14 improve voluntary services throughout the State, to the end
15 that services and care shall be available on an equal basis
16 throughout the State to children requiring such services.
17 (d) The Director may authorize advance disbursements for
18 any new program initiative to any agency contracting with the
19 Department. As a prerequisite for an advance disbursement,
20 the contractor must post a surety bond in the amount of the
21 advance disbursement and have a purchase of service contract
22 approved by the Department. The Department may pay up to 2
23 months operational expenses in advance. The amount of the
24 advance disbursement shall be prorated over the life of the
25 contract or the remaining months of the fiscal year,
26 whichever is less, and the installment amount shall then be
27 deducted from future bills. Advance disbursement
28 authorizations for new initiatives shall not be made to any
29 agency after that agency has operated during 2 consecutive
30 fiscal years. The requirements of this Section concerning
31 advance disbursements shall not apply with respect to the
32 following: payments to local public agencies for child day
33 care services as authorized by Section 5a of this Act; and
34 youth service programs receiving grant funds under Section
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1 17a-4.
2 (e) (Blank).
3 (f) (Blank).
4 (g) The Department shall establish rules and regulations
5 concerning its operation of programs designed to meet the
6 goals of child protection, family preservation, family
7 reunification, and adoption, including but not limited to:
8 (1) adoption;
9 (2) foster care;
10 (3) family counseling;
11 (4) protective services;
12 (5) (blank);
13 (6) homemaker service;
14 (7) return of runaway children;
15 (8) (blank);
16 (9) placement under Section 5-7 of the Juvenile
17 Court Act or Section 2-27, 3-28, 4-25 or 5-29 of the
18 Juvenile Court Act of 1987 in accordance with the federal
19 Adoption Assistance and Child Welfare Act of 1980; and
20 (10) interstate services.
21 Rules and regulations established by the Department shall
22 include provisions for training Department staff and the
23 staff of Department grantees, through contracts with other
24 agencies or resources, in alcohol and drug abuse screening
25 techniques to identify children and adults who should be
26 referred to an alcohol and drug abuse treatment program for
27 professional evaluation.
28 (h) If the Department finds that there is no appropriate
29 program or facility within or available to the Department for
30 a ward and that no licensed private facility has an adequate
31 and appropriate program or none agrees to accept the ward,
32 the Department shall create an appropriate individualized,
33 program-oriented plan for such ward. The plan may be
34 developed within the Department or through purchase of
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1 services by the Department to the extent that it is within
2 its statutory authority to do.
3 (i) Service programs shall be available throughout the
4 State and shall include but not be limited to the following
5 services:
6 (1) case management;
7 (2) homemakers;
8 (3) counseling;
9 (4) parent education;
10 (5) day care; and
11 (6) emergency assistance and advocacy.
12 In addition, the following services may be made available
13 to assess and meet the needs of children and families:
14 (1) comprehensive family-based services;
15 (2) assessments;
16 (3) respite care; and
17 (4) in-home health services.
18 The Department shall provide transportation for any of
19 the services it makes available to children or families or
20 for which it refers children or families.
21 (j) The Department may provide financial assistance, and
22 shall establish rules and regulations concerning such
23 assistance, to persons who adopt physically or mentally
24 handicapped, older and other hard-to-place children who
25 immediately prior to their adoption were legal wards of the
26 Department. The Department may also provide financial
27 assistance, and shall establish rules and regulations for
28 such assistance, to persons appointed guardian of the person
29 under Section 5-7 of the Juvenile Court Act or Section 2-27,
30 3-28, 4-25 or 5-29 of the Juvenile Court Act of 1987 for
31 children who were wards of the Department for 12 months
32 immediately prior to the appointment of the successor
33 guardian and for whom the Department has set a goal of
34 permanent family placement with a foster family.
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1 The amount of assistance may vary, depending upon the
2 needs of the child and the adoptive parents, but must be at
3 least $25 less than the monthly cost of care of the child in
4 a foster home, as set forth in the annual assistance
5 agreement. Special purpose grants are allowed where the
6 child requires special service but such costs may not exceed
7 the amounts which similar services would cost the Department
8 if it were to provide or secure them as guardian of the
9 child.
10 Any financial assistance provided under this subsection
11 is inalienable by assignment, sale, execution, attachment,
12 garnishment, or any other remedy for recovery or collection
13 of a judgment or debt.
14 (k) The Department shall accept for care and training
15 any child who has been adjudicated neglected or abused, or
16 dependent committed to it pursuant to the Juvenile Court Act
17 or the Juvenile Court Act of 1987.
18 (l) Before July 1, 2000, the Department may provide, and
19 beginning July 1, 2000, the Department shall provide, family
20 preservation services, as determined to be appropriate and in
21 the child's best interests and when the child will not be in
22 imminent risk of harm, to any family whose child has been
23 placed in substitute care, any persons who have adopted a
24 child and require post-adoption services, or any persons
25 whose child or children are at risk of being placed outside
26 their home as documented by an "indicated" report of
27 suspected child abuse or neglect determined pursuant to the
28 Abused and Neglected Child Reporting Act. Nothing in this
29 paragraph shall be construed to create a private right of
30 action or claim on the part of any individual or child
31 welfare agency.
32 The Department shall notify the child and his family of
33 the Department's responsibility to offer and provide family
34 preservation services as identified in the service plan. The
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1 child and his family shall be eligible for services as soon
2 as the report is determined to be "indicated". The
3 Department may offer services to any child or family with
4 respect to whom a report of suspected child abuse or neglect
5 has been filed, prior to concluding its investigation under
6 Section 7.12 of the Abused and Neglected Child Reporting Act.
7 However, the child's or family's willingness to accept
8 services shall not be considered in the investigation. The
9 Department may also provide services to any child or family
10 who is the subject of any report of suspected child abuse or
11 neglect or may refer such child or family to services
12 available from other agencies in the community, even if the
13 report is determined to be unfounded, if the conditions in
14 the child's or family's home are reasonably likely to subject
15 the child or family to future reports of suspected child
16 abuse or neglect. Acceptance of such services shall be
17 voluntary.
18 The Department may, at its discretion except for those
19 children also adjudicated neglected or dependent, accept for
20 care and training any child who has been adjudicated
21 addicted, as a truant minor in need of supervision or as a
22 minor requiring authoritative intervention, under the
23 Juvenile Court Act or the Juvenile Court Act of 1987, but no
24 such child shall be committed to the Department by any court
25 without the approval of the Department. A minor charged with
26 a criminal offense under the Criminal Code of 1961 or
27 adjudicated delinquent shall not be placed in the custody of
28 or committed to the Department by any court, except a minor
29 less than 13 years of age committed to the Department under
30 Section 5-23 of the Juvenile Court Act of 1987.
31 (m) The Department may assume temporary custody of any
32 child if:
33 (1) it has received a written consent to such
34 temporary custody signed by the parents of the child or
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1 by the parent having custody of the child if the parents
2 are not living together or by the guardian or custodian
3 of the child if the child is not in the custody of either
4 parent, or
5 (2) the child is found in the State and neither a
6 parent, guardian nor custodian of the child can be
7 located.
8 If the child is found in his or her residence without a
9 parent, guardian, custodian or responsible caretaker, the
10 Department may, instead of removing the child and assuming
11 temporary custody, place an authorized representative of the
12 Department in that residence until such time as a parent,
13 guardian or custodian enters the home and expresses a
14 willingness and apparent ability to resume permanent charge
15 of the child, or until a relative enters the home and is
16 willing and able to assume charge of the child until a
17 parent, guardian or custodian enters the home and expresses
18 such willingness and ability to resume permanent charge.
19 After a caretaker has remained in the home for a period not
20 to exceed 12 hours, the Department must follow those
21 procedures outlined in Section 2-9, 3-11, 4-8 or 5-9 of the
22 Juvenile Court Act of 1987.
23 The Department shall have the authority, responsibilities
24 and duties that a legal custodian of the child would have
25 pursuant to subsection (9) of Section 1-3 of the Juvenile
26 Court Act of 1987. Whenever a child is taken into temporary
27 custody pursuant to an investigation under the Abused and
28 Neglected Child Reporting Act, or pursuant to a referral and
29 acceptance under the Juvenile Court Act of 1987 of a minor in
30 limited custody, the Department, during the period of
31 temporary custody and before the child is brought before a
32 judicial officer as required by Section 2-9, 3-11, 4-8 or 5-9
33 of the Juvenile Court Act of 1987, shall have the authority,
34 responsibilities and duties that a legal custodian of the
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1 child would have under subsection (9) of Section 1-3 of the
2 Juvenile Court Act of 1987.
3 The Department shall ensure that any child taken into
4 custody is scheduled for an appointment for a medical
5 examination.
6 A parent, guardian or custodian of a child in the
7 temporary custody of the Department who would have custody of
8 the child if he were not in the temporary custody of the
9 Department may deliver to the Department a signed request
10 that the Department surrender the temporary custody of the
11 child. The Department may retain temporary custody of the
12 child for 10 days after the receipt of the request, during
13 which period the Department may cause to be filed a petition
14 pursuant to the Juvenile Court Act of 1987. If a petition is
15 so filed, the Department shall retain temporary custody of
16 the child until the court orders otherwise. If a petition is
17 not filed within the 10 day period, the child shall be
18 surrendered to the custody of the requesting parent, guardian
19 or custodian not later than the expiration of the 10 day
20 period, at which time the authority and duties of the
21 Department with respect to the temporary custody of the child
22 shall terminate.
23 (n) The Department may place children under 18 years of
24 age in licensed child care facilities when in the opinion of
25 the Department, appropriate services aimed at family
26 preservation have been unsuccessful or unavailable and such
27 placement would be for their best interest. Payment for
28 board, clothing, care, training and supervision of any child
29 placed in a licensed child care facility may be made by the
30 Department, by the parents or guardians of the estates of
31 those children, or by both the Department and the parents or
32 guardians, except that no payments shall be made by the
33 Department for any child placed in a licensed child care
34 facility for board, clothing, care, training and supervision
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1 of such a child that exceed the average per capita cost of
2 maintaining and of caring for a child in institutions for
3 dependent or neglected children operated by the Department.
4 However, such restriction on payments does not apply in cases
5 where children require specialized care and treatment for
6 problems of severe emotional disturbance, physical
7 disability, social adjustment, or any combination thereof and
8 suitable facilities for the placement of such children are
9 not available at payment rates within the limitations set
10 forth in this Section. All reimbursements for services
11 delivered shall be absolutely inalienable by assignment,
12 sale, attachment, garnishment or otherwise.
13 (o) The Department shall establish an administrative
14 review and appeal process for children and families who
15 request or receive child welfare services from the
16 Department. Children who are wards of the Department and are
17 placed by private child welfare agencies, and foster families
18 with whom those children are placed, shall be afforded the
19 same procedural and appeal rights as children and families in
20 the case of placement by the Department, including the right
21 to an initial review of a private agency decision by that
22 agency. The Department shall insure that any private child
23 welfare agency, which accepts wards of the Department for
24 placement, affords those rights to children and foster
25 families. The Department shall accept for administrative
26 review and an appeal hearing a complaint made by a child or
27 foster family concerning a decision following an initial
28 review by a private child welfare agency. An appeal of a
29 decision concerning a change in the placement of a child
30 shall be conducted in an expedited manner.
31 (p) There is hereby created the Department of Children
32 and Family Services Emergency Assistance Fund from which the
33 Department may provide special financial assistance to
34 families which are in economic crisis when such assistance is
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1 not available through other public or private sources and the
2 assistance is deemed necessary to prevent dissolution of the
3 family unit or to reunite families which have been separated
4 due to child abuse and neglect. The Department shall
5 establish administrative rules specifying the criteria for
6 determining eligibility for and the amount and nature of
7 assistance to be provided. The Department may also enter
8 into written agreements with private and public social
9 service agencies to provide emergency financial services to
10 families referred by the Department. Special financial
11 assistance payments shall be available to a family no more
12 than once during each fiscal year and the total payments to a
13 family may not exceed $500 during a fiscal year.
14 (q) The Department may receive and use, in their
15 entirety, for the benefit of children any gift, donation or
16 bequest of money or other property which is received on
17 behalf of such children, or any financial benefits to which
18 such children are or may become entitled while under the
19 jurisdiction or care of the Department.
20 The Department shall set up and administer no-cost,
21 interest-bearing savings accounts in appropriate financial
22 institutions ("individual accounts") for children for whom
23 the Department is legally responsible and who have been
24 determined eligible for Veterans' Benefits, Social Security
25 benefits, assistance allotments from the armed forces, court
26 ordered payments, parental voluntary payments, Supplemental
27 Security Income, Railroad Retirement payments, Black Lung
28 benefits, or other miscellaneous payments. Interest earned
29 by each individual account shall be credited to the account,
30 unless disbursed in accordance with this subsection.
31 In disbursing funds from children's individual accounts,
32 the Department shall:
33 (1) Establish standards in accordance with State
34 and federal laws for disbursing money from children's
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1 individual accounts. In all circumstances, the
2 Department's "Guardianship Administrator" or his or her
3 designee must approve disbursements from children's
4 individual accounts. The Department shall be responsible
5 for keeping complete records of all disbursements for
6 each individual account for any purpose.
7 (2) Calculate on a monthly basis the amounts paid
8 from State funds for the child's board and care, medical
9 care not covered under Medicaid, and social services; and
10 utilize funds from the child's individual account, as
11 covered by regulation, to reimburse those costs.
12 Monthly, disbursements from all children's individual
13 accounts, up to 1/12 of $13,000,000, shall be deposited
14 by the Department into the General Revenue Fund and the
15 balance over 1/12 of $13,000,000 into the DCFS Children's
16 Services Fund.
17 (3) Maintain any balance remaining after
18 reimbursing for the child's costs of care, as specified
19 in item (2). The balance shall accumulate in accordance
20 with relevant State and federal laws and shall be
21 disbursed to the child or his or her guardian, or to the
22 issuing agency.
23 (r) The Department shall promulgate regulations
24 encouraging all adoption agencies to voluntarily forward to
25 the Department or its agent names and addresses of all
26 persons who have applied for and have been approved for
27 adoption of a hard-to-place or handicapped child and the
28 names of such children who have not been placed for adoption.
29 A list of such names and addresses shall be maintained by the
30 Department or its agent, and coded lists which maintain the
31 confidentiality of the person seeking to adopt the child and
32 of the child shall be made available, without charge, to
33 every adoption agency in the State to assist the agencies in
34 placing such children for adoption. The Department may
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1 delegate to an agent its duty to maintain and make available
2 such lists. The Department shall ensure that such agent
3 maintains the confidentiality of the person seeking to adopt
4 the child and of the child.
5 (s) The Department of Children and Family Services may
6 establish and implement a program to reimburse Department and
7 private child welfare agency foster parents licensed by the
8 Department of Children and Family Services for damages
9 sustained by the foster parents as a result of the malicious
10 or negligent acts of foster children, as well as providing
11 third party coverage for such foster parents with regard to
12 actions of foster children to other individuals. Such
13 coverage will be secondary to the foster parent liability
14 insurance policy, if applicable. The program shall be funded
15 through appropriations from the General Revenue Fund,
16 specifically designated for such purposes.
17 (t) The Department shall perform home studies and
18 investigations and shall exercise supervision over visitation
19 as ordered by a court pursuant to the Illinois Marriage and
20 Dissolution of Marriage Act or the Adoption Act only if:
21 (1) an order entered by an Illinois court
22 specifically directs the Department to perform such
23 services; and
24 (2) the court has ordered one or both of the
25 parties to the proceeding to reimburse the Department for
26 its reasonable costs for providing such services in
27 accordance with Department rules, or has determined that
28 neither party is financially able to pay.
29 The Department shall provide written notification to the
30 court of the specific arrangements for supervised visitation
31 and projected monthly costs within 60 days of the court
32 order. The Department shall send to the court information
33 related to the costs incurred except in cases where the court
34 has determined the parties are financially unable to pay. The
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1 court may order additional periodic reports as appropriate.
2 (u) Whenever the Department places a child in a licensed
3 foster home, group home, child care institution, or in a
4 relative home, the Department shall provide to the caretaker:
5 (1) available detailed information concerning the
6 child's educational and health history, copies of
7 immunization records (including insurance and medical
8 card information), a history of the child's previous
9 placements, if any, and reasons for placement changes
10 excluding any information that identifies or reveals the
11 location of any previous caretaker;
12 (2) a copy of the child's portion of the client
13 service plan, including any visitation arrangement, and
14 all amendments or revisions to it as related to the
15 child; and
16 (3) information containing details of the child's
17 individualized educational plan when the child is
18 receiving special education services.
19 The caretaker shall be informed of any known social or
20 behavioral information (including, but not limited to, fire
21 setting, perpetuation of sexual abuse, destructive behavior,
22 and substance abuse) necessary to care for and safeguard the
23 child.
24 (u-5) Effective July 1, 1995, only foster care
25 placements licensed as foster family homes pursuant to the
26 Child Care Act of 1969 shall be eligible to receive foster
27 care payments from the Department. However, relative
28 caregivers who, as of July 1, 1995, were approved or
29 preapproved pursuant to approved relative placement rules
30 previously promulgated by the Department at 89 Ill. Adm. Code
31 335 and had submitted an application for licensure as a
32 foster family home may continue to receive foster care
33 payments only until the Department determines that they may
34 be licensed as a foster family home or that their application
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1 for licensure is denied or until September 30, 1995,
2 whichever occurs first.
3 (v) The Department shall access criminal history record
4 information as defined in the Illinois Uniform Conviction
5 Information Act and information maintained in the
6 adjudicatory and dispositional record system as defined in
7 subdivision (A)19 of Section 55a of the Civil Administrative
8 Code of Illinois if the Department determines the information
9 is necessary to perform its duties under the Abused and
10 Neglected Child Reporting Act, the Child Care Act of 1969,
11 and the Children and Family Services Act. The Department
12 shall provide for interactive computerized communication and
13 processing equipment that permits direct on-line
14 communication with the Department of State Police's central
15 criminal history data repository. The Department shall
16 comply with all certification requirements and provide
17 certified operators who have been trained by personnel from
18 the Department of State Police. In addition, one Office of
19 the Inspector General investigator shall have training in the
20 use of the criminal history information access system and
21 have access to the terminal. The Department of Children and
22 Family Services and its employees shall abide by rules and
23 regulations established by the Department of State Police
24 relating to the access and dissemination of this information.
25 (w) Within 120 days of August 20, 1995 (the effective
26 date of Public Act 89-392), the Department shall prepare and
27 submit to the Governor and the General Assembly, a written
28 plan for the development of in-state licensed secure child
29 care facilities that care for children who are in need of
30 secure living arrangements for their health, safety, and
31 well-being. For purposes of this subsection, secure care
32 facility shall mean a facility that is designed and operated
33 to ensure that all entrances and exits from the facility, a
34 building or a distinct part of the building, are under the
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1 exclusive control of the staff of the facility, whether or
2 not the child has the freedom of movement within the
3 perimeter of the facility, building, or distinct part of the
4 building. The plan shall include descriptions of the types
5 of facilities that are needed in Illinois; the cost of
6 developing these secure care facilities; the estimated number
7 of placements; the potential cost savings resulting from the
8 movement of children currently out-of-state who are projected
9 to be returned to Illinois; the necessary geographic
10 distribution of these facilities in Illinois; and a proposed
11 timetable for development of such facilities.
12 (Source: P.A. 88-380; 88-398; 88-487; 88-614, eff. 9-7-94;
13 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 89-392, eff.
14 8-20-95; 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
15 Section 100. The Illinois Dental Practice Act is amended
16 by changing Section 32 to add that the provision that
17 sanctions imposed by the Department of Professional
18 Regulation shall remain in full force and effect during
19 judicial proceedings is subject to the equitable powers of a
20 court of competent jurisdiction in response to the Illinois
21 Supreme Court decision in Ardt v. Illinois Department of
22 Professional Regulation, 154 Ill. 2d 138 (1992), which
23 decision held that the statute's restriction of the court's
24 inherent equitable power to issue a stay violates the
25 separation of powers doctrine, the amended Section to read as
26 follows:
27 (225 ILCS 25/32) (from Ch. 111, par. 2332)
28 Sec. 32. Administrative Review Law; application. All
29 final administrative decisions of the Department are subject
30 to judicial review pursuant to the provisions of the
31 Administrative Review Law, and the rules adopted pursuant
32 thereto. The term "administrative decision" is defined as in
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1 Section 3-101 of the Code of Civil Procedure.
2 Proceedings for judicial review shall be commenced in the
3 circuit court of the county in which the party applying for
4 review resides, but if the party is not a resident of this
5 State, the venue shall be in Sangamon County.
6 The Department shall not be required to certify any
7 record to the court or file any answer in court or otherwise
8 appear in any court in a judicial review proceeding, unless
9 there is filed in the court with the complaint a receipt from
10 the Department acknowledging payment of the costs of
11 furnishing and certifying the record, which costs shall be
12 computed at the rate of 20 cents per page of the record.
13 Exhibits shall be certified without cost. Failure on the
14 part of the plaintiff to file a receipt in court shall be
15 grounds for dismissal of the action. During the pendency and
16 hearing of any and all judicial proceedings incident to a
17 disciplinary action any sanctions imposed upon the respondent
18 by the Department because of acts or omissions related to the
19 delivery of direct patient care as specified in the
20 Department's final administrative decision, shall as a matter
21 of public policy remain in full force and effect in order to
22 protect the public pending final resolution of any of the
23 proceedings, subject to the equitable powers of a court of
24 competent jurisdiction.
25 (Source: P.A. 88-184; 89-80, eff. 6-30-95; 89-116, eff.
26 7-7-95.)
27 Section 105. The Liquor Control Act of 1934 is amended
28 by changing Section 9-2 to delete provisions permitting a
29 precinct referendum on the question of prohibiting retail
30 liquor sales at a particular street address within the
31 precinct in response to the decision of the United States
32 District Court for the Northern District of Illinois, Eastern
33 Division, in 87 South Rothschild Liquor Mart v. Kozubowski,
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1 752 F. Supp. 839 (1990), which decision held that a local
2 option referendum targeting a single establishment violates
3 due process, the amended Section to read as follows:
4 (235 ILCS 5/9-2) (from Ch. 43, par. 167)
5 Sec. 9-2. When any legal voters of a precinct in any
6 city, village or incorporated town of more than 200,000
7 inhabitants, as determined by the last preceding Federal
8 census, desire to pass upon the question of whether the sale
9 at retail of alcoholic liquor shall be prohibited in the
10 precinct or at a particular street address within the
11 precinct, they shall, at least 90 days before an election,
12 file in the office of the clerk of such city, village or
13 incorporated town, a petition directed to the clerk,
14 containing the signatures of not less than 25% of the legal
15 voters registered with the board of election commissioners or
16 county clerk, as the case may be, from the precinct.
17 Provided, however, that when the petition seeks to prohibit
18 the sale at retail of alcoholic liquor at a particular street
19 address of a licensed establishment within the precinct the
20 petition shall contain the signatures of not less than 40% of
21 the legal voters requested from that precinct. The petition
22 shall request that the proposition "Shall the sale at retail
23 of alcoholic liquor be prohibited in (or at) ....?" be
24 submitted to the voters of the precinct at the next ensuing
25 election at which such proposition may be voted upon. The
26 submission of the question to the voters of such precinct at
27 such election shall be mandatory when the petition has been
28 filed in proper form with the clerk. If more than one set of
29 petitions are presented to the clerk for submission at the
30 same election, the petition presented first shall be given
31 preference; however, the clerk shall provisionally accept any
32 other set of petitions setting forth the same (or
33 substantially the same) proposition. If the first set of
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1 petitions for a proposition is found to be in proper form and
2 is not found to be invalid, it shall be accepted by the clerk
3 and all provisionally accepted sets of petitions setting
4 forth the same (or substantially the same) proposition shall
5 be rejected by the clerk. If the first set of petitions for
6 a proposition is found not to be in proper form or is found
7 to be invalid, the clerk shall (i) reject the first set of
8 petitions, (ii) accept the first provisionally accepted set
9 of petitions that is in proper form and is not found to be
10 invalid, and (iii) reject all other provisionally accepted
11 sets of petitions setting forth the same (or substantially
12 the same) proposition. Notice of the filing of the petition
13 and the result of the election shall be given to the
14 Secretary of State at his offices in both, Chicago and
15 Springfield, Illinois. A return of the result of the election
16 shall be made to the clerk of the city, village or
17 incorporated town in which the precinct is located. If a
18 majority of the voters voting upon such proposition vote
19 "YES", the sale at retail of alcoholic liquor shall be
20 prohibited in the precinct or at the street address. If the
21 sale at retail of alcoholic liquor at a particular street
22 address is prohibited pursuant to this Section, the license
23 for any establishment at that street address shall be void,
24 and no person may apply for a license for the sale at retail
25 of alcoholic liquor at an establishment at that street
26 address unless such prohibition is discontinued pursuant to
27 Section 9-10.
28 In cities, villages and incorporated towns of 200,000 or
29 less population, as determined by the last preceding Federal
30 census, the vote upon the question of prohibiting the sale at
31 retail of alcoholic liquor, or alcoholic liquor other than
32 beer containing not more than 4% of alcohol by volume, or
33 alcoholic liquor containing more than 4% of alcohol by weight
34 in the original package and not for consumption on the
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1 premises, shall be by the voters of the political subdivision
2 as a unit. When any legal voters of such a city, village or
3 incorporated town desire to pass upon the question of whether
4 the sale at retail of alcoholic liquor shall be prohibited in
5 the municipality, they shall, at least 90 days before an
6 election, file in the office of the clerk of the
7 municipality, a petition directed to the clerk, containing
8 the signatures of not less than 25% of the legal voters
9 registered with the board of election commissioners or county
10 clerk, as the case may be, from the municipality. The
11 petition shall request that the proposition, "Shall the sale
12 at retail of alcoholic liquor be prohibited in....?" be
13 submitted to the voters of the municipality at the next
14 ensuing election at which the proposition may be voted upon.
15 The submission of the question to the voters of the
16 municipality at such election shall be mandatory when the
17 petition has been filed in proper form with the clerk. If
18 more than one set of petitions are presented to the clerk for
19 submission at the same election, setting forth the same or
20 different propositions, the petition presented first shall be
21 given preference and the clerk shall refuse to accept any
22 other set of petitions. Notice of the filing of the petition
23 and the result of the election shall be given to the
24 Secretary of State at his offices in both Chicago and
25 Springfield, Illinois. A return of the result of the election
26 shall be made to the clerk of the city, village or
27 incorporated town. If a majority of the voters voting upon
28 the proposition vote "Yes", the sale at retail of alcoholic
29 liquor shall be prohibited in the municipality.
30 In the event a municipality does not vote to prohibit the
31 sale at retail of alcoholic liquor, the council or governing
32 body shall ascertain and determine what portions of the
33 municipality are predominantly residence districts. No
34 license permitting the sale of alcoholic liquors shall be
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1 issued by the local liquor commissioner or licensing officer
2 permitting the sale of alcoholic liquors at any place within
3 the residence district so determined, unless the owner or
4 owners of at least two-thirds of the frontage, 200 feet in
5 each direction along the street and streets adjacent to the
6 place of business for which a license is sought, file with
7 the local liquor commissioner or licensing officer, his or
8 their written consent to the use of such place for the sale
9 of alcoholic liquors.
10 In each township or road district lying outside the
11 corporate limits of a city, village or incorporated town, or
12 in a part of a township or road district lying partly within
13 and partly outside a city, village or incorporated town, the
14 vote of such township, road district or part thereof, shall
15 be as a unit. When any legal voters of any such township, or
16 part thereof, in counties under township organization, or any
17 legal voters of such road district or part thereof, in
18 counties not under township organization, desire to vote upon
19 the proposition as to whether the sale at retail of alcoholic
20 liquor shall be prohibited in such township or road district
21 or part thereof, they shall, at least 90 days before an
22 election, file in the office of the township or road district
23 clerk, of the township or road district within which the
24 election is to be held, a petition directed to the clerk and
25 containing the signatures of not less than 25% of the legal
26 voters registered with the county clerk from such township or
27 road district or part thereof. The submission of the question
28 to the voters of the township, road district or part thereof,
29 at the next ensuing election shall be mandatory when the
30 petition has been filed in proper form with the clerk. If
31 more than one set of petitions are presented to the clerk for
32 submission at the same election, setting forth the same or
33 different propositions, the petition presented first shall be
34 given preference and the clerk shall refuse to accept any
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1 other set of petitions. A return of the result of such
2 election shall be made to the clerk of the township or road
3 district in which the territory is situated, and shall also
4 be made to the Secretary of State at his offices in both
5 Chicago and Springfield, Illinois.
6 (Source: P.A. 88-613, eff. 1-1-95.)
7 Section 110. The Illinois Public Aid Code is amended by
8 changing Section 10-2 to delete a provision exempting a
9 parent of a child age 18 or older and under 21 from liability
10 for support of that child when that child is not living with
11 the parent in response to the Illinois Supreme Court's
12 decision in Jacobson v. Department of Public Aid, 171 Ill. 2d
13 314 (1996), which decision held that to require a parent of
14 such a child to pay support if that child is living with the
15 parent and to exempt the parent of such a child who is not
16 living with the parent is a denial of equal protection, the
17 amended Section to read as follows:
18 (305 ILCS 5/10-2) (from Ch. 23, par. 10-2)
19 Sec. 10-2. Extent of Liability. A husband is liable for
20 the support of his wife and a wife for the support of her
21 husband. The parents are severally liable for the support of
22 any child under age 21, except that a parent is not liable
23 for a child age 18 or over if such child is not living with
24 the parent or parents, and a parent is not liable for a child
25 of any age if the child has married and is not living with
26 the parent or parents. A child shall be considered to be
27 living with the parent or parents if such child is absent
28 from the parent's or parents' home only in order to regularly
29 attend a school, college or university or to receive
30 technical training designed for preparation for gainful
31 employment. The term "child" includes a child born out of
32 wedlock, or legally adopted child, but the liability of the
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1 father of a child born out of wedlock shall not be
2 enforceable unless he has been determined to be the child's
3 father in a judicial or administrative proceeding, or he has
4 or shall acknowledge paternity of the child in accordance
5 with Section 10-17.7 of this Code or Section 12 of the Vital
6 Records Act.
7 In addition to the primary obligation of support imposed
8 upon responsible relatives, such relatives, if individually
9 or together in any combination they have sufficient income or
10 other resources to support a needy person, in whole or in
11 part, shall be liable for any financial aid extended under
12 this Code to a person for whose support they are responsible,
13 including amounts expended for funeral and burial costs.
14 (Source: P.A. 88-687, eff. 1-24-95; 89-641, eff. 8-9-96.)
15 Section 115. The Illinois Public Demonstrations Law is
16 amended by adding Section 2.5 to define "principal law
17 enforcement officer" in response to the Illinois Supreme
18 Court's decision in People v. Bossie, 108 Ill. 2d 236 (1985),
19 which decision held the Act unconstitutionally vague because
20 of the lack of a definition of "principal law enforcement
21 officer", the amended Section to read as follows:
22 (430 ILCS 70/2.5 new)
23 Sec. 2.5. Definition. In this Law, "principal law
24 enforcement officer" means the following:
25 (1) In the case of a march, assembly, meeting, or
26 gathering to be held in whole or in part on roadways in
27 one or more municipalities, the term means the chief of
28 police of each such municipality.
29 (2) In the case of a march, assembly, meeting, or
30 gathering to be held in whole or in part on roadways in
31 the unincorporated area of one or more counties, the term
32 means the sheriff of each such county.
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1 Section 120. The Fish and Aquatic Life Code is amended
2 by changing Sections 5-25 and 20-35 to except certain
3 violations of the Code from the provision that violations for
4 profit or commercial purposes are felony offenses in response
5 to the Illinois Supreme Court decision in People v. Hamm, 149
6 Ill. 2d 201 (1992), which decision held that the elevation of
7 certain violations of the Code to felony offenses when the
8 additional facts of legally commercially fishing and taking
9 more than $300 worth of fish are present violates the due
10 process and proportionate penalties provisions of the
11 Illinois Constitution, the amended Sections to read as
12 follows:
13 (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
14 Sec. 5-25. Protected aquatic life.
15 (a) Any person who, for profit or commercial purposes,
16 knowingly captures or kills, possesses, offers for sale,
17 sells, offers to barter, barters, offers to purchase,
18 purchases, delivers for shipment, ships, exports, imports,
19 causes to be shipped, exported, or imported, delivers for
20 transportation, transports or causes to be transported,
21 carries or causes to be carried, or receives for shipment,
22 transportation, carriage, or export any aquatic life, in part
23 or in whole of any of the species protected by this Code,
24 contrary to the provisions of the Code, except for Sections
25 20-65 and 20-110, and that aquatic life, in whole or in part,
26 is valued in excess of a total of $300, as per value
27 specified in subsection (c) of this Section, commits a Class
28 3 felony.
29 (b) Possession of aquatic life, in whole or in part,
30 captured or killed in violation of this Code, valued in
31 excess of $600, as per value specified in subsection (c) of
32 this Section, shall be considered prima facie evidence of
33 possession for profit or commercial purposes.
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1 (c) For purposes of this Section, the value of all
2 aquatic life and their hybrids protected by this Code,
3 whether dressed or not dressed, is as follows:
4 (1) For each muskellunge, northern pike, walleye,
5 striped bass, sauger, largemouth bass, smallmouth bass,
6 spotted bass, trout (all species), salmon (all species
7 other than chinook caught from August 1 through December
8 31), and sturgeon of a weight, dressed or not dressed, of
9 one pound or more, $4 for each pound or fraction of a
10 pound. For each individual fish with a dressed or not
11 dressed weight of less than one pound, $4. For parts of
12 fish processed past the dressed state, $8 per pound.
13 (2) For each warmouth, rock bass, white bass,
14 yellow bass, sunfish (all species except largemouth,
15 smallmouth, and spotted bass), bluegill, crappie,
16 bullheads, pickerels, yellow perch, and catfish (all
17 species) of a weight, dressed or not dressed, of one
18 pound or more, $4 for each pound or fraction of a pound
19 of fish. For each individual fish with a dressed or not
20 dressed weight of less than one pound, $4. For parts of
21 fish processed past the dressed state, $8 per pound.
22 (3) For processed turtle parts, $6 for each pound
23 or fraction of a pound. For each non-processed turtle, $8
24 per turtle.
25 (4) For frogs, toads, salamanders, lizards, and
26 snakes, $2 per animal in whole or in part.
27 (5) For goldeye, mooneye, carp, carpsuckers (all
28 species), suckers (all species), redhorse (all species),
29 buffalo (all species), freshwater drum, skipjack, shad
30 (all species), alewife, smelt, gar, bowfin, mussels,
31 chinook salmon caught from August 1 through December 31,
32 and all other aquatic life protected by this Code, not
33 listed in paragraphs (1), (2), (3), or (4) of subsection
34 (b) of this Section, $1 per pound, in part or in whole.
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1 (Source: P.A. 89-66, eff. 1-1-96.)
2 (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
3 Sec. 20-35. Offenses. Except as prescribed in Section
4 5-25 and unless otherwise provided in this Code, any person
5 who is found guilty of violating any of the provisions of
6 this Code, including administrative rules, shall be guilty of
7 a petty offense.
8 Any person who violates any of the provisions of Section
9 10-80, including administrative rules relating to that
10 Section, shall be guilty of a Class B misdemeanor.
11 Any person who violates any of the provisions of Section
12 1-200 or 10-55 of this Code, including administrative rules
13 relating to those Sections, shall be guilty of a Class A
14 misdemeanor.
15 Any person who violates any of the provisions of this
16 Code, including administrative rules, during the 5 years
17 following the revocation of his or her license, permit, or
18 privileges under Section 20-105 shall be guilty of a Class A
19 misdemeanor.
20 Any person who violates Section 5-25 of this Code,
21 including administrative rules, except when the underlying
22 violation of Section 5-25 is a violation of Section 20-65 or
23 20-110, shall be guilty of a Class 3 felony.
24 Offenses committed by minors under the direct control or
25 with the consent of a parent or guardian may subject the
26 parent or guardian to the penalties prescribed in this
27 Section or as otherwise provided in this Code.
28 In addition to any fines imposed under this Section, or
29 as otherwise provided in this Code, any person found guilty
30 of unlawfully taking or possessing any aquatic life protected
31 by this Code shall be assessed a civil penalty for that
32 aquatic life in accordance with the values prescribed in
33 Section 5-25 of this Code. This civil penalty shall be
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1 imposed at the time of the conviction by the Circuit Court
2 for the county where the offense was committed. All
3 penalties provided for in this Section shall be remitted to
4 the Department in accordance with the provisions of Section
5 1-180 of this Code.
6 (Source: P.A. 87-798; 87-833; 87-895.)
7 Section 125. The Illinois Vehicle Code is amended by
8 changing Section 4-104 to exempt a vehicle owner convicted
9 of altering a temporary registration permit for his or her
10 own vehicle from the penalty applicable to persons convicted
11 of possessing an altered temporary registration permit in
12 response to the Illinois Supreme Court decision in People v.
13 Morris, 136 Ill. 2d 157 (1990), which decision held that in
14 the case of a defendant who alters a temporary registration
15 permit for his or her own vehicle the classification of the
16 offense at the same level as possession of a stolen motor
17 vehicle violates due process and the proportionate penalty
18 requirement, the amended Section to read as follows:
19 (625 ILCS 5/4-104) (from Ch. 95 1/2, par. 4-104)
20 Sec. 4-104. Offenses relating to possession of titles
21 and registration.
22 (a) It is a violation of this Chapter for:
23 1. A person to possess without authority any
24 manufacturers statement of origin, certificate of title,
25 salvage certificate, junking certificate, display
26 certificate of title, registration card, license plate,
27 registration sticker or temporary registration permit,
28 whether blank or otherwise;
29 2. A person to possess any manufacturers
30 certificate of origin, salvage certificate, junking
31 certificate, certificate of title, display certificate
32 without complete assignment;
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1 3. A person to possess any manufacturers statement
2 of origin, salvage certificate, junking certificate,
3 display certificate or certificate of title, temporary
4 registration permit, registration card, license plate or
5 registration sticker knowing it to have been stolen,
6 converted, altered, forged or counterfeited;
7 4. A person to display or affix to a vehicle any
8 certificate of title, manufacturers statement of origin,
9 salvage certificate, junking certificate, display
10 certificate, temporary registration permit, registration
11 card, license plate or registration sticker not
12 authorized by law for use on such vehicle;
13 5. A person to permit another, not entitled
14 thereto, to use or have possession of any manufacturers
15 statement of origin, salvage certificate, junking
16 certificate, display certificate or certificate of title,
17 registration card, license plate, temporary registration
18 permit, or registration sticker;
19 6. A person to fail to mail or deliver to the
20 proper person within a reasonable period of time after
21 receipt from the Secretary of State, any certificate of
22 title, salvage certificate, junking certificate, display
23 certificate, registration card, temporary registration
24 permit, license plate or registration sticker. If a
25 person mails or delivers reasonable notice to the proper
26 person after receipt from the Secretary of State, a
27 presumption of delivery within a reasonable period of
28 time shall exist; provided, however, the delivery is
29 made, either by mail or otherwise, within 20 days from
30 the date of receipt from the Secretary of State.
31 (b) Sentence:
32 1. A person convicted of a violation of subsection
33 1 or 2 of paragraph (a) of this Section is guilty of a
34 Class 4 felony.
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1 2. A person convicted of a violation of subsection
2 3 of paragraph (a) of this Section is guilty of a Class 2
3 felony, except that an owner of a vehicle who is
4 convicted of altering a temporary registration permit for
5 that vehicle is guilty of a Class C misdemeanor.
6 3. A person convicted of a violation of either
7 subsection 4 or 5 of paragraph (a) of this Section is
8 guilty of a Class A misdemeanor and upon a second or
9 subsequent conviction of such a violation is guilty of a
10 Class 4 felony.
11 4. A person convicted of a violation of subsection
12 6 of paragraph (a) of this Section is guilty of a petty
13 offense.
14 (Source: P.A. 87-854; 87-1225; 88-45.)
15 Section 130. The Illinois Vehicle Code is amended by
16 changing Section 4-209 to require notification of the owner
17 of an impounded abandoned vehicle by certified mail for a
18 determination of disposition of the vehicle in response to
19 the decision of the United States District Court for the
20 Northern District of Illinois, Eastern Division, in Kohn v.
21 Mucia, 776 F. Supp. 348 (1991), which decision held that
22 notification by regular first class mail instead of certified
23 mail violates due process, the amended Section to read as
24 follows:
25 (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
26 Sec. 4-209. Disposal of unclaimed vehicles more than 7
27 years of age; disposal of abandoned or unclaimed vehicles
28 without notice.
29 (a) When the identity of the registered owner,
30 lienholder, or other legally entitled persons of an
31 abandoned, lost, or unclaimed vehicle of 7 years of age or
32 newer cannot be determined by any means provided for in this
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1 Chapter, the vehicle may be sold as provided in Section 4-208
2 without notice to any person whose identity cannot be
3 determined.
4 (b) When an abandoned vehicle of more than 7 years of
5 age is impounded as specified by this Chapter, or when any
6 such vehicle is towed at the request or with the consent of
7 the owner or operator and is subsequently abandoned, it will
8 be kept in custody or storage for a minimum of 10 days for
9 the purpose of determining the identity of the registered
10 owner, lienholder, or other legally entitled persons, and
11 contacting the registered owner, lienholder, or other legally
12 entitled persons by the U. S. mail, public service or in
13 person for a determination of disposition,; and, an
14 examination of the State Police stolen vehicle files for
15 theft and wanted information. For purposes of this
16 subsection, the registered owner, lienholder, or other
17 legally entitled persons shall be contacted by certified
18 mail, return receipt requested, by public service, or in
19 person for a determination of disposition of the vehicle,
20 except that if the registered owner, lienholder, or other
21 legally entitled persons were previously contacted by
22 certified mail, return receipt requested, pursuant to Section
23 4-205 with respect to the impoundment of the vehicle, then
24 the registered owner, lienholder, or other legally entitled
25 persons may be contacted for purposes of this subsection by
26 regular first class mail instead of certified mail. At the
27 expiration of the 10 day period, without the benefit of
28 disposition information being received from the registered
29 owner, lienholder, or other legally entitled persons, the
30 vehicle may be disposed of in either of the following ways:
31 (1) The law enforcement agency having jurisdiction
32 will authorize the disposal of the vehicle as junk or
33 salvage.
34 (2) The towing service may sell the vehicle in the
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1 manner provided in Section 4-208 of this Code, provided
2 that this paragraph (2) shall not apply to vehicles towed
3 by order or authorization of a law enforcement agency.
4 (c) A vehicle classified as an antique vehicle may
5 however be sold to a person desiring to restore it.
6 (Source: P.A. 89-433, eff. 12-15-95.)
7 Section 135. The Illinois Vehicle Code is amended by
8 changing Section 8-105 to delete the provision making a
9 surety bond filed by an operator of a motor vehicle for
10 transportation of passengers for hire or a medical transport
11 vehicle a lien on the operator's scheduled real estate in
12 response to the Illinois Supreme Court decision in Weksler v.
13 Collins, 317 Ill. 132 (1925), which decision held that making
14 such a surety bond a lien is an arbitrary discrimination and
15 unreasonable, the amended Section to read as follows:
16 (625 ILCS 5/8-105) (from Ch. 95 1/2, par. 8-105)
17 Sec. 8-105. Action on bond. The surety bond shall, by its
18 terms, inure to the benefit of the person recovering any such
19 judgment, and shall provide that an action may be brought in
20 any court of competent jurisdiction upon such bond by the
21 owner of any such judgment; and such bond, for the full
22 amount thereof shall, by its terms, be a lien for the benefit
23 of the beneficiaries of said bond on such real estate so
24 scheduled, and shall be recorded in the office of the
25 recorder in each county in which such real estate is located.
26 (Source: P.A. 83-358.)
27 Section 140. The Illinois Vehicle Code is amended by
28 changing Section 11-501.6 to require probable cause of
29 alcohol or drug use before administering alcohol or drug
30 tests to a driver who was at fault in a death or personal
31 injury auto accident in response to the Illinois Supreme
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1 Court decision in King v. Ryan, 153 Ill. 2d 449 (1992), that
2 held administering such tests without probable cause that
3 alcohol or drug use occurred is an illegal search, the
4 amended Section to read as follows:
5 (625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
6 Sec. 11-501.6. Driver involvement in personal injury or
7 fatal motor vehicle accident; chemical test.
8 (a) Any person who drives or is in actual control of a
9 motor vehicle upon the public highways of this State and who
10 has been involved in a personal injury or fatal motor vehicle
11 accident, shall be deemed to have given consent to a breath
12 test using a portable device as approved by the Department of
13 Public Health or to a chemical test or tests of blood,
14 breath, or urine for the purpose of determining the alcohol
15 or other drug content of such person's blood if arrested as
16 evidenced by the issuance of a Uniform Traffic Ticket for any
17 violation of the Illinois Vehicle Code or a similar provision
18 of a local ordinance, with the exception of equipment
19 violations contained in Chapter 12 of this Code, or similar
20 provisions of local ordinances, and if there is probable
21 cause to believe the person is under the influence of alcohol
22 or any other drug or combination of drugs. The test or tests
23 shall be administered at the direction of the arresting
24 officer. The law enforcement agency employing the officer
25 shall designate which of the aforesaid tests shall be
26 administered. A urine test may be administered even after a
27 blood or breath test or both has been administered.
28 Compliance with this Section does not relieve such person
29 from the requirements of Section 11-501.1 of this Code.
30 (b) Any person who is dead, unconscious or who is
31 otherwise in a condition rendering such person incapable of
32 refusal shall be deemed not to have withdrawn the consent
33 provided by subsection (a) of this Section. In addition, if
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1 a driver of a vehicle is receiving medical treatment as a
2 result of a motor vehicle accident, any physician licensed to
3 practice medicine, registered nurse or a phlebotomist acting
4 under the direction of a licensed physician shall withdraw
5 blood for testing purposes to ascertain the presence of
6 alcohol or other drugs, upon the specific request of a law
7 enforcement officer. However, no such testing shall be
8 performed until, in the opinion of the medical personnel on
9 scene, the withdrawal can be made without interfering with or
10 endangering the well-being of the patient.
11 (c) A person requested to submit to a test as provided
12 above shall be warned by the law enforcement officer
13 requesting the test that a refusal to submit to the test, or
14 submission to the test resulting in an alcohol concentration
15 of 0.10 or more, or any amount of a drug, substance, or
16 compound resulting from the unlawful use or consumption of
17 cannabis, as covered by the Cannabis Control Act or a
18 controlled substance listed in the Illinois Controlled
19 Substances Act as detected in such person's blood or urine,
20 may result in the suspension of such person's privilege to
21 operate a motor vehicle. The length of the suspension shall
22 be the same as outlined in Section 6-208.1 of this Code
23 regarding statutory summary suspensions.
24 (d) If the person refuses testing or submits to a test
25 which discloses an alcohol concentration of 0.10 or more, or
26 any amount of a drug, substance or compound in such person's
27 blood or urine resulting from the unlawful use or consumption
28 of cannabis listed in the Cannabis Control Act, or a
29 controlled substance listed in the Illinois Controlled
30 Substances Act, the law enforcement officer shall immediately
31 submit a sworn report to the Secretary of State on a form
32 prescribed by the Secretary, certifying that the test or
33 tests were requested pursuant to subsection (a) and the
34 person refused to submit to a test or tests or submitted to
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1 testing which disclosed an alcohol concentration of 0.10 or
2 more, or any amount of a drug, substance, or compound in such
3 person's blood or urine, resulting from the unlawful use or
4 consumption of cannabis listed in the Cannabis Control Act or
5 a controlled substance listed in the Illinois Controlled
6 Substances Act.
7 Upon receipt of the sworn report of a law enforcement
8 officer, the Secretary shall enter the suspension to the
9 individual's driving record and the suspension shall be
10 effective on the 46th day following the date notice of the
11 suspension was given to the person.
12 The law enforcement officer submitting the sworn report
13 shall serve immediate notice of this suspension on the person
14 and such suspension shall be effective on the 46th day
15 following the date notice was given.
16 The cases where the blood alcohol concentration of .10 or
17 more, or any amount of a drug, substance, or compound
18 resulting from the unlawful use or consumption of cannabis as
19 listed in the Cannabis Control Act, or a controlled substance
20 listed in the Illinois Controlled Substances Act, is
21 established by a subsequent analysis of blood or urine
22 collected at the time of arrest, the arresting officer shall
23 give notice as provided in this Section or by deposit in the
24 United States mail of such notice in an envelope with postage
25 prepaid and addressed to such person at his address as shown
26 on the Uniform Traffic Ticket and the suspension shall be
27 effective on the 46th day following the date notice was
28 given.
29 Upon receipt of the sworn report of a law enforcement
30 officer, the Secretary shall also give notice of the
31 suspension to the driver by mailing a notice of the effective
32 date of the suspension to the individual. However, should
33 the sworn report be defective by not containing sufficient
34 information or be completed in error, the notice of the
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1 suspension shall not be mailed to the person or entered to
2 the driving record, but rather the sworn report shall be
3 returned to the issuing law enforcement agency.
4 (e) A driver may contest this suspension of his driving
5 privileges by requesting an administrative hearing with the
6 Secretary in accordance with Section 2-118 of this Code. At
7 the conclusion of a hearing held under Section 2-118 of this
8 Code, the Secretary may rescind, continue, or modify the
9 order of suspension. If the Secretary does not rescind the
10 order, a restricted driving permit may be granted by the
11 Secretary upon application being made and good cause shown.
12 A restricted driving permit may be granted to relieve undue
13 hardship to allow driving for employment, educational, and
14 medical purposes as outlined in Section 6-206 of this Code.
15 The provisions of Section 6-206 of this Code shall apply.
16 (f) (Blank)
17 (g) For the purposes of this Section, a personal injury
18 shall include any type A injury as indicated on the traffic
19 accident report completed by a law enforcement officer that
20 requires immediate professional attention in either a
21 doctor's office or a medical facility. A type A injury shall
22 include severely bleeding wounds, distorted extremities, and
23 injuries that require the injured party to be carried from
24 the scene.
25 (Source: P.A. 88-211.)
26 Section 145. The Juvenile Court Act of 1987 is amended
27 by changing Section 1-15 to delete a provision requiring that
28 a party, properly served, who wishes to object to the court's
29 jurisdiction on the grounds that a necessary party was not
30 properly served must raise that objection before the start of
31 the adjudicatory hearing in response to the Illinois Supreme
32 Court decision in In re C.R.H., 163 Ill. 2d. 263 (1994),
33 which decision held that such provision violates due process
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1 and interferes with the powers of reviewing courts guaranteed
2 by the separation of powers clause, the amended Section to
3 read as follows:
4 (705 ILCS 405/1-15) (from Ch. 37, par. 801-15)
5 Sec. 1-15. Wrong Venue or Inadequate Service.
6 (a) All objections of improper venue are waived by a
7 party respondent unless a motion to transfer to a proper
8 venue is made by that party respondent before the start of an
9 adjudicatory hearing conducted under any Article of this Act.
10 No order or judgment is void because of a claim that it was
11 rendered in the wrong venue unless that claim is raised in
12 accordance with this Section.
13 (b) A party respondent who either has been properly
14 served, or who appears before the court personally or by
15 counsel at the adjudicatory hearing or at any earlier
16 proceeding on a petition for wardship under this Act leading
17 to that adjudicatory hearing, and who wishes to object to the
18 court's jurisdiction on the ground that some necessary party
19 either has not been served or has not been properly served
20 must raise that claim before the start of the adjudicatory
21 hearing conducted under any Article of this Act. No order or
22 judgment is void because of a claim of inadequate service
23 unless that claim is raised in accordance with this Section.
24 (Source: P.A. 86-1012; 86-1475.)
25 Section 150. The Criminal Code of 1961 is amended by
26 changing Section 37-4 to exempt buildings found to be public
27 nuisances solely on account of their use in the commission of
28 obscenity from the ex parte proceeding and one-year closure
29 and bond provisions in response to the Illinois Supreme Court
30 decision in People v. Sequoia Books, Inc., 127 Ill. 2d 271
31 (1989), which decision held that those provisions as applied
32 to those buildings are an unconstitutional prior restraint,
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1 the amended Section to read as follows:
2 (720 ILCS 5/37-4) (from Ch. 38, par. 37-4)
3 Sec. 37-4. Abatement of nuisance.) The Attorney General
4 of this State or the State's Attorney of the county wherein
5 the nuisance exists may commence an action to abate a public
6 nuisance as described in Section 37-1 of this Act, in the
7 name of the People of the State of Illinois, in the circuit
8 court. Except as otherwise provided in this Section, upon
9 being satisfied by affidavits or other sworn evidence that an
10 alleged public nuisance exists, the court may without notice
11 or bond enter a temporary restraining order or preliminary
12 injunction to enjoin any defendant from maintaining such
13 nuisance and may enter an order restraining any defendant
14 from removing or interfering with all property used in
15 connection with the public nuisance. If during the
16 proceedings and hearings upon the merits, which shall be in
17 the manner of the Controlled Substance and Cannabis Nuisance
18 Act "An Act in relation to places used for the purpose of
19 using, keeping or selling controlled substances or cannabis",
20 approved July 5, 1957, the existence of the nuisance is
21 established, and it is found that such nuisance was
22 maintained with the intentional, knowing, reckless or
23 negligent permission of the owner or the agent of the owner
24 managing the building, the court shall enter an order
25 restraining all persons from maintaining or permitting such
26 nuisance and from using the building for a period of one year
27 thereafter, except as otherwise provided in this Section and
28 except that an owner, lessee or other occupant thereof may
29 use such place if the owner shall give bond with sufficient
30 security or surety approved by the court, in an amount
31 between $1,000 and $5,000 inclusive, payable to the People of
32 the State of Illinois, and including a condition that no
33 offense specified in Section 37-1 of this Act shall be
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1 committed at, in or upon the property described and a
2 condition that the principal obligor and surety assume
3 responsibility for any fine, costs or damages resulting from
4 such an offense thereafter. The provisions of this Section
5 authorizing an ex parte temporary restraining order or
6 preliminary injunction and authorizing an order restraining
7 all persons from using a building for a period of one year
8 unless the owner of the building gives bond do not apply to a
9 building that has been found to be a public nuisance solely
10 on account of its use in the commission of the offense of
11 obscenity under Section 11-20 of this Act or the commission
12 of an inchoate offense relative to that principal offense.
13 (Source: P.A. 83-342.)
14 Section 155. The Code of Criminal Procedure of 1963 is
15 amended by changing Section 110-6.2 to delete mandatory
16 requirements upon the judiciary concerning the granting or
17 denial of post-conviction bond in response to the Illinois
18 Supreme Court decision in People v. Williams 143 Ill. 2d 477
19 (1991), which decision held that such requirements conflict
20 with Illinois Supreme Court Rule 609(b) and are a violation
21 of the separation of powers, the amended Section to read as
22 follows:
23 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
24 Sec. 110-6.2. Post-conviction Detention.
25 (a) The court shall order that a person who has been
26 found guilty of an offense and who is waiting imposition or
27 execution of sentence be held without bond unless the court
28 finds by clear and convincing evidence that the person is not
29 likely to flee or pose a danger to any other person or the
30 community if released under Sections 110-5 and 110-10 of this
31 Act.
32 (b) The court may shall order that a person who has been
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1 found guilty of an offense and sentenced to a term of
2 imprisonment shall be held without bond if unless the court
3 finds by clear and convincing evidence that:
4 (1) the person is not likely to flee or pose a danger to
5 the safety of any other person or the community if released
6 on bond pending appeal; and
7 (2) that the appeal is not for purpose of delay and does
8 not raise raises a substantial question of law or fact likely
9 to result in reversal or an order for a new trial.
10 (Source: P.A. 86-984.)
11 (725 ILCS 5/122-8 rep.)
12 Section 160. The Code of Criminal Procedure of 1963 is
13 amended by repealing Section 122-8, which requires that all
14 post-conviction matters be considered by a judge who was not
15 involved in the original proceeding that resulted in
16 conviction and which was held to violate the separation of
17 powers doctrine by the Illinois Supreme Court in People v.
18 Joseph, 113 Ill. 2d 36 (1986).
19 Section 165. The Code of Civil Procedure is amended by
20 changing Section 12-1006 to delete a provision creating a
21 conclusive presumption that retirement plans that intend to
22 qualify under the Internal Revenue Code or plans created
23 under the Illinois Pension Code are spendthrift trusts under
24 Illinois law and thus come under the federal bankruptcy
25 exemption for spendthrift trusts, which provision was held
26 unconstitutional under the supremacy clause by the U.S.
27 Bankruptcy Court in In re Kazi, 125 B.R. 981 (Bkrtcy. S.D.
28 Ill. (1991)) and others, the amended Section to read as
29 follows:
30 (735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006)
31 Sec. 12-1006. Exemption for retirement plans.
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1 (a) A debtor's interest in or right, whether vested or
2 not, to the assets held in or to receive pensions, annuities,
3 benefits, distributions, refunds of contributions, or other
4 payments under a retirement plan is exempt from judgment,
5 attachment, execution, distress for rent, and seizure for the
6 satisfaction of debts if the plan (i) is intended in good
7 faith to qualify as a retirement plan under applicable
8 provisions of the Internal Revenue Code of 1986, as now or
9 hereafter amended, or (ii) is a public employee pension plan
10 created under the Illinois Pension Code, as now or hereafter
11 amended.
12 (b) "Retirement plan" includes the following:
13 (1) a stock bonus, pension, profit sharing,
14 annuity, or similar plan or arrangement, including a
15 retirement plan for self-employed individuals or a
16 simplified employee pension plan;
17 (2) a government or church retirement plan or
18 contract;
19 (3) an individual retirement annuity or individual
20 retirement account; and
21 (4) a public employee pension plan created under
22 the Illinois Pension Code, as now or hereafter amended.
23 (c) (Blank) A retirement plan that is (i) intended in
24 good faith to qualify as a retirement plan under the
25 applicable provisions of the Internal Revenue Code of 1986,
26 as now or hereafter amended, or (ii) a public employee
27 pension plan created under the Illinois Pension Code, as now
28 or hereafter amended, is conclusively presumed to be a
29 spendthrift trust under the law of Illinois.
30 (d) This Section applies to interests in retirement
31 plans held by debtors subject to bankruptcy, judicial,
32 administrative or other proceedings pending on or filed after
33 August 30, 1989.
34 (Source: P.A. 86-393; 86-1329.)
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1 Section 170. The Code of Civil Procedure is amended by
2 changing Section 13-202.1 to delete the provision for
3 retroactive application of the Section and revival of causes
4 of action otherwise barred by the statute of limitations in
5 response to the Illinois Supreme Court decision in Sepmeyer
6 v. Holman, 162 Ill. 2d 249 (1994), which decision held that
7 the legislative revival of a time-barred claim violates due
8 process, the amended Section to read as follows:
9 (735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
10 Sec. 13-202.1. No limitations on certain actions -
11 Duties of Department of Corrections and State's Attorneys.
12 (a) Notwithstanding any other provision of law, any
13 action for damages against a person, however the action may
14 be designated, may be brought at any time if --
15 (1) the action is based upon conduct of a person
16 which constituted the commission of first degree murder,
17 a Class X felony, or a Class 1 felony as these terms are
18 utilized at the time of filing of the action; and
19 (2) the person was convicted of the first degree
20 murder, Class X felony, or Class 1 felony.
21 (b) The provisions of this Section are fully applicable
22 to convictions based upon defendant's accountability under
23 Section 5-2 of the Criminal Code of 1961, approved July 28,
24 1961, as amended.
25 (c) Paragraphs (a) and (b) above shall apply to any
26 cause of action regardless of the date on which the
27 defendant's conduct is alleged to have occurred or of the
28 date of any conviction resulting therefrom. In addition,
29 this Section shall be applied retroactively and shall revive
30 causes of actions which otherwise may have been barred under
31 limitations provisions in effect prior to the enactment
32 and/or effect of P.A. 84-1450.
33 (d) Whenever there is any settlement, verdict or
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1 judgment in excess of $500 in any court against the
2 Department of Corrections or any past or present employee or
3 official in favor of any person for damages incurred while
4 the person was committed to the Department of Corrections,
5 the Department within 14 days of the settlement, verdict or
6 judgment shall notify the State's Attorney of the county from
7 which the person was committed to the Department. The
8 State's Attorney shall in turn within 14 days send the same
9 notice to the person or persons who were the victim or
10 victims of the crime for which the offender was committed,
11 along with the information that the victim or victims may
12 contact the State's Attorney for advice concerning their
13 rights to sue for damages under the law. If so requested,
14 the State's Attorney's office shall provide such advice, but
15 in no instance may the State's Attorney institute a civil
16 action for damages on behalf of the victim or victims.
17 No civil action may be brought by anyone against the
18 Department of Corrections, a State's Attorney, a County, or
19 any past or present employee or agent thereof for any alleged
20 violation by any such entity or person of the notification
21 requirements imposed by this paragraph (c).
22 (Source: P.A. 89-8, eff. 3-21-95.)
23 Section 175. The Mental Health and Developmental
24 Disabilities Confidentiality Act is amended by changing
25 Section 10 to delete a provision authorizing interlocutory
26 appeals from orders relating to disclosure of the record or
27 communications of a recipient of mental health or
28 developmental disabilities services in response to the
29 Illinois Supreme Court decision in Almgren v.
30 Rush-Presbyterian-St. Luke's Medical Center, 162 Ill. 2d 205
31 (1994), which decision held that the legislature's attempt to
32 provide for appeals from less than final judgments violates
33 the separation of powers doctrine, the amended Section to
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1 read as follows:
2 (740 ILCS 110/10) (from Ch. 91 1/2, par. 810)
3 Sec. 10. Disclosure in civil, criminal, and other
4 proceedings.
5 (a) Except as provided herein, in any civil, criminal,
6 administrative, or legislative proceeding, or in any
7 proceeding preliminary thereto, a recipient, and a therapist
8 on behalf and in the interest of a recipient, has the
9 privilege to refuse to disclose and to prevent the disclosure
10 of the recipient's record or communications.
11 (1) Records and communications may be disclosed in
12 a civil, criminal or administrative proceeding in which
13 the recipient introduces his mental condition or any
14 aspect of his services received for such condition as an
15 element of his claim or defense, if and only to the
16 extent the court in which the proceedings have been
17 brought, or, in the case of an administrative proceeding,
18 the court to which an appeal or other action for review
19 of an administrative determination may be taken, finds,
20 after in camera examination of testimony or other
21 evidence, that it is relevant, probative, not unduly
22 prejudicial or inflammatory, and otherwise clearly
23 admissible; that other satisfactory evidence is
24 demonstrably unsatisfactory as evidence of the facts
25 sought to be established by such evidence; and that
26 disclosure is more important to the interests of
27 substantial justice than protection from injury to the
28 therapist-recipient relationship or to the recipient or
29 other whom disclosure is likely to harm. Except in a
30 criminal proceeding in which the recipient, who is
31 accused in that proceeding, raises the defense of
32 insanity, no record or communication between a therapist
33 and a recipient shall be deemed relevant for purposes of
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1 this subsection, except the fact of treatment, the cost
2 of services and the ultimate diagnosis unless the party
3 seeking disclosure of the communication clearly
4 establishes in the trial court a compelling need for its
5 production. However, for purposes of this Act, in any
6 action brought or defended under the Illinois Marriage
7 and Dissolution of Marriage Act, or in any action in
8 which pain and suffering is an element of the claim,
9 mental condition shall not be deemed to be introduced
10 merely by making such claim and shall be deemed to be
11 introduced only if the recipient or a witness on his
12 behalf first testifies concerning the record or
13 communication.
14 (2) Records or communications may be disclosed in a
15 civil proceeding after the recipient's death when the
16 recipient's physical or mental condition has been
17 introduced as an element of a claim or defense by any
18 party claiming or defending through or as a beneficiary
19 of the recipient, provided the court finds, after in
20 camera examination of the evidence, that it is relevant,
21 probative, and otherwise clearly admissible; that other
22 satisfactory evidence is not available regarding the
23 facts sought to be established by such evidence; and that
24 disclosure is more important to the interests of
25 substantial justice than protection from any injury which
26 disclosure is likely to cause.
27 (3) In the event of a claim made or an action filed
28 by a recipient, or, following the recipient's death, by
29 any party claiming as a beneficiary of the recipient for
30 injury caused in the course of providing services to that
31 recipient, the therapist may testify as to pertinent
32 records or communications in any administrative, judicial
33 or discovery proceeding for the purpose of preparing and
34 presenting a defense against the claim or action.
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1 (3.1) A therapist has the right to communicate at
2 any time and in any fashion with his or her own counsel
3 or professional liability insurance carrier, or both,
4 concerning any care or treatment he or she provided, or
5 assisted in providing, to any patient.
6 (3.2) A therapist has the right to communicate at
7 any time and in any fashion with his or her present or
8 former employer, principal, partner, professional
9 corporation, or professional liability insurance carrier,
10 or counsel for any of those entities, concerning any care
11 or treatment he or she provided, or assisted in
12 providing, to any patient within the scope of his or her
13 employment, affiliation, or other agency with the
14 employer, principal, partner, or professional
15 corporation.
16 (4) Records and communications made to or by a
17 therapist in the course of examination ordered by a court
18 for good cause shown may, if otherwise relevant and
19 admissible, be disclosed in a civil, criminal, or
20 administrative proceeding in which the recipient is a
21 party or in appropriate pretrial proceedings, provided
22 such court has found that the recipient has been as
23 adequately and as effectively as possible informed before
24 submitting to such examination that such records and
25 communications would not be considered confidential or
26 privileged. Such records and communications shall be
27 admissible only as to issues involving the recipient's
28 physical or mental condition and only to the extent that
29 these are germane to such proceedings.
30 (5) Records and communications may be disclosed in
31 a proceeding under the Probate Act of 1975, to determine
32 a recipient's competency or need for guardianship,
33 provided that the disclosure is made only with respect to
34 that issue.
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1 (6) Records and communications may be disclosed
2 when such are made during treatment which the recipient
3 is ordered to undergo to render him fit to stand trial on
4 a criminal charge, provided that the disclosure is made
5 only with respect to the issue of fitness to stand trial.
6 (7) Records and communications of the recipient may
7 be disclosed in any civil or administrative proceeding
8 involving the validity of or benefits under a life,
9 accident, health or disability insurance policy or
10 certificate, or Health Care Service Plan Contract,
11 insuring the recipient, but only if and to the extent
12 that the recipient's mental condition, or treatment or
13 services in connection therewith, is a material element
14 of any claim or defense of any party, provided that
15 information sought or disclosed shall not be redisclosed
16 except in connection with the proceeding in which
17 disclosure is made.
18 (8) Records or communications may be disclosed when
19 such are relevant to a matter in issue in any action
20 brought under this Act and proceedings preliminary
21 thereto, provided that any information so disclosed shall
22 not be utilized for any other purpose nor be redisclosed
23 except in connection with such action or preliminary
24 proceedings.
25 (9) Records and communications of the recipient may
26 be disclosed in investigations of and trials for homicide
27 when the disclosure relates directly to the fact or
28 immediate circumstances of the homicide.
29 (10) Records and communications of a deceased
30 recipient may be disclosed to a coroner conducting a
31 preliminary investigation into the recipient's death
32 under Section 3-3013 of the Counties Code. However,
33 records and communications of the deceased recipient
34 disclosed in an investigation shall be limited solely to
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1 the deceased recipient's records and communications
2 relating to the factual circumstances of the incident
3 being investigated in a mental health facility.
4 (b) Before a disclosure is made under subsection (a),
5 any party to the proceeding or any other interested person
6 may request an in camera review of the record or
7 communications to be disclosed. The court or agency
8 conducting the proceeding may hold an in camera review on its
9 own motion, except that this provision does not apply to
10 paragraph (3.1) of subsection (a) (regarding consultations
11 between a therapist and his or her own counsel or
12 professional liability insurance carrier) or paragraph (3.2)
13 of subsection (a) (regarding consultations between a
14 therapist and his or her employer, principal, partner,
15 professional corporation, or professional liability insurance
16 carrier, or counsel for any of those entities). When,
17 contrary to the express wish of the recipient, the therapist
18 asserts a privilege on behalf and in the interest of a
19 recipient, the court may require that the therapist, in an in
20 camera hearing, establish that disclosure is not in the best
21 interest of the recipient. The court or agency may prevent
22 disclosure or limit disclosure to the extent that other
23 admissible evidence is sufficient to establish the facts in
24 issue, except that a court may not prevent or limit
25 disclosures between a therapist and his or her own counsel or
26 between a therapist and his or her employer, principal,
27 partner, professional corporation, or professional liability
28 insurance carrier, or counsel for any of those entities. The
29 court or agency may enter such orders as may be necessary in
30 order to protect the confidentiality, privacy, and safety of
31 the recipient or of other persons. Any order to disclose or
32 to not disclose shall be considered a final order for
33 purposes of appeal and shall be subject to interlocutory
34 appeal.
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1 (c) A recipient's records and communications may be
2 disclosed to a duly authorized committee, commission or
3 subcommittee of the General Assembly which possesses subpoena
4 and hearing powers, upon a written request approved by a
5 majority vote of the committee, commission or subcommittee
6 members. The committee, commission or subcommittee may
7 request records only for the purposes of investigating or
8 studying possible violations of recipient rights. The
9 request shall state the purpose for which disclosure is
10 sought.
11 The facility shall notify the recipient, or his guardian,
12 and therapist in writing of any disclosure request under this
13 subsection within 5 business days after such request. Such
14 notification shall also inform the recipient, or guardian,
15 and therapist of their right to object to the disclosure
16 within 10 business days after receipt of the notification and
17 shall include the name, address and telephone number of the
18 committee, commission or subcommittee member or staff person
19 with whom an objection shall be filed. If no objection has
20 been filed within 15 business days after the request for
21 disclosure, the facility shall disclose the records and
22 communications to the committee, commission or subcommittee.
23 If an objection has been filed within 15 business days after
24 the request for disclosure, the facility shall disclose the
25 records and communications only after the committee,
26 commission or subcommittee has permitted the recipient,
27 guardian or therapist to present his objection in person
28 before it and has renewed its request for disclosure by a
29 majority vote of its members.
30 Disclosure under this subsection shall not occur until
31 all personally identifiable data of the recipient and
32 provider are removed from the records and communications.
33 Disclosure under this subsection shall not occur in any
34 public proceeding.
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1 (d) No party to any proceeding described under
2 paragraphs (1), (2), (3), (4), (7), or (8) of subsection (a)
3 of this Section, nor his or her attorney, shall serve a
4 subpoena seeking to obtain access to records or
5 communications under this Act unless the subpoena is
6 accompanied by a written order issued by a judge, authorizing
7 the disclosure of the records or the issuance of the
8 subpoena. No person shall comply with a subpoena for records
9 or communications under this Act, unless the subpoena is
10 accompanied by a written order authorizing the issuance of
11 the subpoena or the disclosure of the records.
12 This amendatory Act of 1995 applies to causes of action
13 filed on or after its effective date.
14 (Source: P.A. 89-7, eff. 3-9-95.)
15 (745 ILCS 25/5 rep.)
16 Section 180. The Tort Liability of Schools Act, Section
17 5, subsection B of which was held unconstitutional as special
18 legislation by the Illinois Supreme Court in Haymes v.
19 Catholic Bishop of Chicago, 41 Ill. 2d 336 (1968) because it
20 provided for a $10,000 limit for liability of nonpublic
21 schools when there was no such liability limit for public
22 schools (Section 5, subsection A previously held
23 unconstitutional) or other units of government, is amended by
24 repealing Section 5.
25 Section 185. The Illinois Marriage and Dissolution of
26 Marriage Act is amended by changing Section 501.1 to limit
27 the dissolution action stay from disposing of property to
28 marital property in response to the Illinois Supreme Court
29 decision in Messenger v. Edgar, 157 Ill. 2d 162 (1993), which
30 decision held that the dissolution action stay applying to
31 all property is a violation of the guarantee of substantive
32 due process, the amended Section to read as follows:
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1 (750 ILCS 5/501.1) (from Ch. 40, par. 501.1)
2 Sec. 501.1. Dissolution action stay.
3 (a) Upon service of a summons and petition or praecipe
4 filed under the Illinois Marriage and Dissolution of Marriage
5 Act or upon the filing of the respondent's appearance in the
6 proceeding, whichever first occurs, a dissolution action stay
7 shall be in effect against both parties and their agents and
8 employees, without bond or further notice, until a final
9 judgement is entered, the proceeding is dismissed, or until
10 further order of the court:
11 (1) restraining both parties from transferring,
12 encumbering, concealing, destroying, spending, damaging,
13 or in any way disposing of marital any property, without
14 the consent of the other party or an order of the court,
15 except in the usual course of business, for the
16 necessities of life, or for reasonable costs, expenses,
17 and attorney's fees arising from the proceeding, as well
18 as requiring each party to provide written notice to the
19 other party and his or her attorney of any proposed
20 extraordinary expenditure or transaction involving
21 marital property;
22 (2) restraining both parties from physically
23 abusing, harassing, intimidating, striking, or
24 interfering with the personal liberty of the other party
25 or the minor children of either party; and
26 (3) restraining both parties from removing any
27 minor child of either party from the State of Illinois or
28 from concealing any such child from the other party,
29 without the consent of the other party or an order of the
30 court.
31 The restraint provided in this subsection (a) does not
32 operate to make unavailable any of the remedies provided in
33 the Illinois Domestic Violence Act of 1986.
34 A restraint of the parties' actions under this Section
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1 does not affect the rights of a bona fide purchaser or
2 mortgagee whose interest in real property or whose beneficial
3 interest in real property under an Illinois land trust was
4 acquired before the filing of a lis pendens notice under
5 Section 2-1901 of the Code of Civil Procedure.
6 (b) Notice of any proposed extraordinary expenditure or
7 transaction, as required by subsection (a), shall be given as
8 soon as practicable, but not less than 7 days before the
9 proposed date for the carrying out or commencement of the
10 carrying out of the extraordinary expenditure or transaction,
11 except in an emergency, in which event notice shall be given
12 as soon as practicable under the circumstances. If proper
13 notice is given and if the party receiving the notice does
14 not object by filing a petition for injunctive relief under
15 the Code of Civil Procedure within 7 days of receipt of the
16 notice, the carrying out of the proposed extraordinary
17 expenditure or transaction is not a violation of the
18 dissolution action stay. The dissolution action stay shall
19 remain in full force and effect against both parties for 14
20 days after the date of filing of a petition for injunctive
21 relief by the objecting party (or a shorter period if the
22 court so orders); and no extension beyond that 14 day period
23 shall be granted by the court. For good cause shown, a party
24 may file a petition for a reduction in time with respect to
25 any 7 day notice requirement under this subsection.
26 (c) A party making any extraordinary expenditure or
27 carrying out any extraordinary transaction involving marital
28 property after a dissolution action stay is in effect shall
29 account promptly to the court and to the other party for all
30 of those expenditures and transactions. This obligation to
31 account applies throughout the pendency of the proceeding,
32 irrespective of (i) any notice given by any party as to any
33 proposed extraordinary expenditure or transaction, (ii) any
34 filing of an objection and petition under this Section or the
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1 absence of any such filing, or (iii) any court ruling as to
2 an issue presented to it by either party.
3 (d) If the party making an extraordinary expenditure or
4 transaction involving marital property fails to provide
5 proper notice or if despite proper notice the other party
6 filed a petition and prevailed on that petition, and the
7 extraordinary expenditure or transaction results in a loss of
8 income or reduction in the amount or in the value of
9 property, there is a presumption of dissipation of property,
10 equal to the amount of the loss or reduction, charged against
11 the party for purposes of property distribution under Section
12 503.
13 (e) In a proceeding filed under this Act, the summons
14 shall provide notice of the entry of the automatic
15 dissolution action stay in a form as required by applicable
16 rules.
17 (Source: P.A. 87-881; 88-24.)
18 (820 ILCS 135/2.1 rep.)
19 (820 ILCS 135/2.2 rep.)
20 Section 190. The Burial Rights Act is amended by
21 repealing Sections 2.1 and 2.2, which provide for interment
22 in a cemetery according to the tenets and beliefs of a
23 religious sect of which the decedent was a member,
24 notwithstanding that a labor dispute has disrupted normal
25 interment services at the cemetery, and which was held to
26 violate the supremacy clause of the United States
27 Constitution by the United States District Court for the
28 Northern District of Illinois, Eastern Division, in Cannon v.
29 Edgar, 825 F. Supp. 1349 (1993).
30 Section 900. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
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1 Section represented by multiple versions), the use of that
2 text does not accelerate or delay the taking effect of (i)
3 the changes made by this Act or (ii) provisions derived from
4 any other Public Act.
5 Section 950. No revival or extension. This Act does not
6 revive or extend any Section or Act otherwise repealed.
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1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 315/3 from Ch. 48, par. 1603
4 5 ILCS 315/5 from Ch. 48, par. 1605
5 5 ILCS 315/6 from Ch. 48, par. 1606
6 10 ILCS 5/7-10.1 rep.
7 10 ILCS 5/7-60 from Ch. 46, par. 7-60
8 10 ILCS 5/7-60.1 from Ch. 46, par. 7-60.1
9 10 ILCS 5/8-8 from Ch. 46, par. 8-8
10 10 ILCS 5/10-5 from Ch. 46, par. 10-5
11 10 ILCS 5/7-42 rep.
12 10 ILCS 5/7-43 from Ch. 46, par. 7-43
13 10 ILCS 5/10-2 from Ch. 46, par. 10-2
14 10 ILCS 5/10-5 from Ch. 46, par. 10-5
15 10 ILCS 5/29-14 from Ch. 46, par. 29-14
16 30 ILCS 560/Act rep.
17 35 ILCS 520/Act rep.
18 725 ILCS 215/2 from Ch. 38, par. 1702
19 725 ILCS 215/3 from Ch. 38, par. 1703
20 35 ILCS 200/20-180 rep.
21 35 ILCS 200/20-185 rep.
22 70 ILCS 705/14.14 from Ch. 127 1/2, par. 34.14
23 70 ILCS 705/19a from Ch. 127 1/2, par. 38.2a
24 105 ILCS 5/24-2 from Ch. 122, par. 24-2
25 110 ILCS 310/1 from Ch. 144, par. 41
26 220 ILCS 5/8-402.1 rep.
27 220 ILCS 5/9-212 from Ch. 111 2/3, par. 9-212
28 220 ILCS 5/9-214 from Ch. 111 2/3, par. 9-214
29 220 ILCS 5/9-220 from Ch. 111 2/3, par. 9-220
30 20 ILCS 505/5 from Ch. 23, par. 5005
31 225 ILCS 25/32 from Ch. 111, par. 2332
32 235 ILCS 5/9-2 from Ch. 43, par. 167
33 305 ILCS 5/10-2 from Ch. 23, par. 10-2
34 430 ILCS 70/2.5 new
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1 515 ILCS 5/5-25 from Ch. 56, par. 5-25
2 515 ILCS 5/20-35 from Ch. 56, par. 20-35
3 625 ILCS 5/4-104 from Ch. 95 1/2, par. 4-104
4 625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
5 625 ILCS 5/8-105 from Ch. 95 1/2, par. 8-105
6 625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
7 705 ILCS 405/1-15 from Ch. 37, par. 801-15
8 720 ILCS 5/37-4 from Ch. 38, par. 37-4
9 725 ILCS 5/110-6.2 from Ch. 38, par. 110-6.2
10 725 ILCS 5/122-8 rep.
11 735 ILCS 5/12-1006 from Ch. 110, par. 12-1006
12 735 ILCS 5/13-202.1 from Ch. 110, par. 13-202.1
13 740 ILCS 110/10 from Ch. 91 1/2, par. 810
14 745 ILCS 25/5 rep.
15 750 ILCS 5/501.1 from Ch. 40, par. 501.1
16 820 ILCS 135/2.1 rep.
17 820 ILCS 135/2.2 rep.