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90_SB0106enr
65 ILCS 5/7-1-47 from Ch. 24, par. 7-1-47
Amends the Illinois Municipal Code to provide that when
territory is annexed by a municipality that does not provide
by ordinance an automatic zoning classification, then the
territory is automatically zoned at the highest
classification providing principally for residential use (now
automatic zoning only by municipal ordinance). Provides that
territory annexed under an agreement shall be zoned according
to the agreement.
LRB9000653PTcw
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1 AN ACT concerning governmental activities, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Sections 3-6036 and 5-1060 as follows:
7 (55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
8 Sec. 3-6036. Powers and duties of Supervisor of Safety.
9 The Supervisor of Safety shall enforce all the laws of this
10 State and, within the municipalities in his county, the
11 ordinances of such municipalities relating to the regulation
12 of motor vehicle traffic and the promotion of safety on
13 public highways. The Supervisor of Safety shall advise the
14 county board as to contracts negotiated regulating traffic of
15 parking areas of schools, hospitals, commercial and
16 industrial facilities, shopping centers and apartment
17 complexes outside any municipality of said county, and shall
18 act as its representative and agent in connection with the
19 execution of such contracts. In those instances where
20 contracts are being negotiated between municipalities and
21 schools, hospitals, commercial and industrial facilities,
22 shopping centers and apartment complexes outside the
23 corporate limits, the Supervisor of Safety shall advise the
24 county board. All such contracts shall be negotiated in the
25 manner of section 11-209 of The Illinois Vehicle Code.
26 Subject to the approval of the county board, the Supervisor
27 of Safety may appoint assistants to aid him in carrying out
28 his duties. The Supervisor of Safety shall cooperate with the
29 State and Federal governments and agencies thereof in
30 programs designed to promote safety on highways.
31 The Supervisor of Safety in counties of less than
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1 1,000,000 inhabitants may enter into cooperative contractual
2 agreements with school districts in his county, under which
3 the school district hires, compensates and is liable for one
4 or more school crossing guards, and the Supervisor of Safety,
5 as sheriff of the county, appoints any such guard as an
6 auxiliary deputy, in the manner and under the terms of
7 Sections 3-6001 through 3-6032.
8 This Section is not a prohibition upon the contractual
9 and associational powers granted by Article VII, Section 10
10 of the Illinois Constitution.
11 (Source: P.A. 86-962; 86-1475.)
12 (55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
13 Sec. 5-1060. Contracts for regulation of traffic. A
14 county board may contract with school boards, hospitals,
15 commercial and industrial facilities, and owners of shopping
16 centers or apartment complexes for the purpose of regulating
17 traffic in their parking areas outside a municipality in
18 areas under the jurisdiction of the County Board in such
19 manner as is provided by Section 11-209 of The Illinois
20 Vehicle Code and as provided under Section 3-6036 of this
21 Code.
22 This Section is not a prohibition upon the contractual
23 and associational powers granted by Article VII, Section 10
24 of the Illinois Constitution.
25 (Source: P.A. 86-962; 86-1475.)
26 Section 10. The Township Code is amended by changing
27 Section 15-10 as follows:
28 (60 ILCS 1/15-10)
29 Sec. 15-10. Disconnection of territory from township;
30 annexation to adjacent township. Until the effective date of
31 this amendatory Act of 1997, whenever a township is organized
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1 under this Article and any of the territory of the city not
2 more than one-half square mile in extent and containing not
3 more than 50 inhabitants is disconnected from the city, the
4 county board may, by resolution, upon receiving a certified
5 copy of the resolution or ordinance of the city disconnecting
6 the territory and after a public hearing on the matter
7 following notice given as provided in Section 15-5,
8 disconnect the territory from the township and annex it to an
9 adjacent township or townships.
10 Whenever a township is organized under this Article and
11 any of the territory of the city is, after the effective date
12 of this amendatory Act of 1997, disconnected from the city by
13 court order or ordinance, the territory shall automatically
14 be disconnected from the otherwise coterminous township and
15 connected to the adjacent township, and the transfer of the
16 territory shall not affect the city's status as a city with a
17 coterminous township. If disconnection is pursuant to court
18 order, the petitioning party in the cause shall, within 30
19 days of the entry of an order permitting disconnection, serve
20 a copy of the order upon the coterminous township, the
21 adjacent township, and the county clerk by certified mail,
22 return receipt requested, and shall file proof of the service
23 with the circuit clerk. Upon objection by either the
24 coterminous township or the adjacent township within 180 days
25 after the enactment of the ordinance or after service of the
26 court order, the county board may, after receiving a
27 certified copy of the court order or ordinance and after a
28 public hearing on the matter following notice given as
29 provided in Section 15-5, pass an ordinance annulling the
30 automatic disconnection of territory from the coterminous
31 township. The action by the county board shall not affect
32 the disconnection of territory from the city, but shall cause
33 the territory to remain in the coterminous township. The
34 annulling by the county board of the automatic disconnection
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1 of territory from the coterminous township shall not affect
2 the city's status as a city with a coterminous township.
3 (Source: P.A. 86-1299; 87-1197; 88-62.)
4 Section 15. The Illinois Municipal Code is amended by
5 changing Sections 1-1-7, 7-1-47, 10-1-12, 10-2.1-6, and
6 10-2.1-14 as follows:
7 (65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
8 Sec. 1-1-7. Power of municipality to contract with school
9 boards, hospitals, commercial and industrial facilities, and
10 owners of shopping centers or apartment complexes. The
11 corporate authorities of any municipality shall have the
12 power to contract with school boards, hospitals, commercial
13 and industrial facilities, and owners of shopping centers or
14 apartment complexes within and without the municipal limits
15 in such manner as is provided by Section 11-209 of "The
16 Illinois Vehicle Code", approved September 29, 1969, as
17 amended, and as provided under Section 2 of "An Act in
18 relation to the regulation of motor vehicle traffic and the
19 promotion of safety on public highways in counties", approved
20 August 9, 1951, as amended.
21 This amendatory Act of 1972 is not a prohibition upon the
22 contractual and associational powers granted by Article VII,
23 Section 10 of the Illinois Constitution.
24 (Source: P.A. 78-255.)
25 (65 ILCS 5/7-1-47) (from Ch. 24, par. 7-1-47)
26 Sec. 7-1-47. Automatic zoning classification. The
27 corporate authorities of any municipality may provide by
28 ordinance that when territory is annexed to such
29 municipality, the territory automatically is classified to
30 the highest restrictive zoning classification providing
31 principally for residential use under the annexing
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1 municipality's zoning ordinance.
2 (Source: Laws 1965, p. 2178.)
3 (65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
4 Sec. 10-1-12. Register; eligibility list. From the
5 returns or reports of the examiners, or from the examinations
6 made by the commission, the commission shall prepare a
7 register for each grade or class of positions in the
8 classified service of such municipality of the persons whose
9 general average standing upon examination for such grade or
10 class is not less than the minimum fixed by the rules of such
11 commission, and who are otherwise eligible. Such persons
12 shall take rank upon the register as candidates in the order
13 of their relative excellence as determined by examination,
14 without reference to priority of time of examination.
15 Within 60 days after each examination, an eligibility
16 list shall be posted by the Commission, which shall show the
17 final grades of the candidates without reference to priority
18 of time of examination and subject to claim for military
19 credit. Candidates who are eligible for military credit
20 shall make a claim in writing within 10 days after posting of
21 the eligibility list or such claim shall be deemed waived.
22 Appointment shall be subject to a final physical examination.
23 If a person is placed on an eligibility list and becomes
24 overage before he or she is appointed to a police or fire
25 department, the person remains eligible for appointment until
26 the list is abolished pursuant to authorized procedures.
27 Otherwise no person who has attained the age of 36 years
28 shall be inducted as a member of a police department and no
29 person who has attained the age of 35 years shall be inducted
30 as a member of a fire department, except as otherwise
31 provided in this division.
32 (Source: P.A. 89-52, eff. 6-30-95.)
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1 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
2 Sec. 10-2.1-6. Examination of applicants;
3 disqualifications.
4 (a) All applicants for a position in either the fire or
5 police department of the municipality shall be under 35 years
6 of age, shall be subject to an examination that shall be
7 public, competitive, and open to all applicants (unless the
8 council or board of trustees by ordinance limit applicants to
9 electors of the municipality, county, state or nation) and
10 shall be subject to reasonable limitations as to residence,
11 health, habits, and moral character. The municipality may
12 not charge or collect any fee from an applicant who has met
13 all prequalification standards established by the
14 municipality for any such position.
15 (b) Residency requirements in effect at the time an
16 individual enters the fire or police service of a
17 municipality (other than a municipality that has more than
18 1,000,000 inhabitants) cannot be made more restrictive for
19 that individual during his period of service for that
20 municipality, or be made a condition of promotion, except for
21 the rank or position of Fire or Police Chief.
22 (c) No person with a record of misdemeanor convictions
23 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
24 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
25 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
26 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
27 24-1 of the Criminal Code of 1961 or arrested for any cause
28 but not convicted on that cause shall be disqualified from
29 taking the examination to qualify for a position in the fire
30 department on grounds of habits or moral character.
31 (d) The age limitation in subsection (a) does not apply
32 (i) to any person previously employed as a policeman or
33 fireman in a regularly constituted police or fire department
34 of (I) any municipality or (II) a fire protection district
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1 whose obligations were assumed by a municipality under
2 Section 21 of the Fire Protection District Act, (ii) to any
3 person who has served a municipality as a regularly enrolled
4 volunteer fireman for 5 years immediately preceding the time
5 that municipality begins to use full time firemen to provide
6 all or part of its fire protection service, or (iii) to any
7 person who has served as an auxiliary policeman under Section
8 3.1-30-20 for at least 5 years and is under 40 years of age
9 (Blank).
10 (e) Applicants who are 20 years of age and who have
11 successfully completed 2 years of law enforcement studies at
12 an accredited college or university may be considered for
13 appointment to active duty with the police department. An
14 applicant described in this subsection (e) who is appointed
15 to active duty shall not have power of arrest, nor shall the
16 applicant be permitted to carry firearms, until he or she
17 reaches 21 years of age.
18 (f) Applicants who are 18 years of age and who have
19 successfully completed 2 years of study in fire techniques,
20 amounting to a total of 4 high school credits, within the
21 cadet program of a municipality may be considered for
22 appointment to active duty with the fire department of any
23 municipality.
24 (g) The council or board of trustees may by ordinance
25 provide that persons residing outside the municipality are
26 eligible to take the examination.
27 (h) The examinations shall be practical in character and
28 relate to those matters that will fairly test the capacity of
29 the persons examined to discharge the duties of the positions
30 to which they seek appointment. No person shall be appointed
31 to the police or fire department if he or she does not
32 possess a high school diploma or an equivalent high school
33 education. The examinations shall include tests of physical
34 qualifications and health. No person shall be appointed to
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1 the police or fire department if he or she has suffered the
2 amputation of any limb unless the applicant's duties will be
3 only clerical or as a radio operator. No applicant shall be
4 examined concerning his or her political or religious
5 opinions or affiliations. The examinations shall be
6 conducted by the board of fire and police commissioners of
7 the municipality as provided in this Division 2.1.
8 (i) No person who is classified by his local selective
9 service draft board as a conscientious objector, or who has
10 ever been so classified, may be appointed to the police
11 department.
12 (j) No person shall be appointed to the police or fire
13 department unless he or she is a person of good character and
14 not an habitual drunkard, gambler, or a person who has been
15 convicted of a felony or a crime involving moral turpitude.
16 No person, however, shall be disqualified from appointment to
17 the fire department because of his or her record of
18 misdemeanor convictions except those under Sections 11-6,
19 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
20 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
21 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
22 subsections (1), (6) and (8) of Section 24-1 of the Criminal
23 Code of 1961 or arrest for any cause without conviction on
24 that cause. Any such person who is in the department may be
25 removed on charges brought and after a trial as provided in
26 this Division 2.1.
27 (Source: P.A. 88-45; 89-52, eff. 6-30-95.)
28 (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
29 Sec. 10-2.1-14. Register of eligibles. The board of fire
30 and police commissioners shall prepare and keep a register of
31 persons whose general average standing, upon examination, is
32 not less than the minimum fixed by the rules of the board,
33 and who are otherwise eligible. These persons shall take
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1 rank upon the register as candidates in the order of their
2 relative excellence as determined by examination, without
3 reference to priority of time of examination.
4 Within 60 days after each examination, an eligibility
5 list shall be posted by the board, which shall show the final
6 grades of the candidates without reference to priority of
7 time of examination and subject to claim for military credit.
8 Candidates who are eligible for military credit shall make a
9 claim in writing within 10 days after the posting of the
10 eligibility list or such claim shall be deemed waived.
11 Appointment shall be subject to a final physical examination.
12 If a person is placed on an eligibility list and becomes
13 overage before he or she is appointed to a police or fire
14 department, the person remains eligible for appointment until
15 the list is abolished pursuant to authorized procedures.
16 Otherwise no person who has attained the age of 36 years
17 shall be inducted as a member of a police department and no
18 person who has attained the age of 35 years shall be inducted
19 as a member of a fire department, except as otherwise
20 provided in this division.
21 (Source: P.A. 89-52, eff. 6-30-95.)
22 Section 20. The Fire Protection District Act is amended
23 by changing Section 16.06 as follows:
24 (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
25 Sec. 16.06. All applicants for a position in the fire
26 department of the fire protection district shall be under 35
27 years of age and shall be subjected to examination, which
28 shall be public, competitive, and free to all applicants,
29 subject to reasonable limitations as to health, habits, and
30 moral character; provided that the foregoing age limitation
31 shall not apply in the case of any person having previous
32 employment status as a fireman in a regularly constituted
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1 fire department of any fire protection district, and further
2 provided that. each fireman or fire chief who is a member in
3 good standing in a regularly constituted fire department of
4 any municipality which shall be or shall have subsequently
5 been included within the boundaries of any fire protection
6 district now or hereafter organized shall be given a
7 preference for original appointment in the same class, grade
8 or employment over all other applicants. The examinations
9 shall be practical in their character and shall relate to
10 those matters which will fairly test the persons examined as
11 to their relative capacity to discharge the duties of the
12 positions to which they seek appointment. The examinations
13 shall include tests of physical qualifications and health.
14 No applicant, however, shall be examined concerning his
15 political or religious opinions or affiliations. The
16 examinations shall be conducted by the board of fire
17 commissioners.
18 (Source: P.A. 89-52, eff. 6-30-95.)
19 Section 23. The Cook County Forest Preserve District Act
20 is amended by adding Section 8.4 and changing Section 17 as
21 follows:
22 (70 ILCS 810/8.4 new)
23 Sec. 8.4. Building codes. The building codes of a
24 county, and not the building codes of any other unit of local
25 government in which the affected district property is
26 located, shall apply to all construction projects on property
27 owned by the district.
28 (70 ILCS 810/17) (from Ch. 96 1/2, par. 6420)
29 Sec. 17. Application of human resource ordinance.
30 Whenever the county in which any such forest preserve
31 district is located shall be governed by any county human
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1 resource ordinance law regulating its civil service and the
2 method of selecting its employees, all employees of such
3 forest preserve district except the treasurer and attorneys
4 shall be selected in accordance with the human resource
5 ordinance the manner provided by the law regulating the civil
6 service in such county and all such employees shall be
7 subject at all times to the provisions of such ordinance act.
8 (Source: P.A. 80-320.)
9 Section 25. The Illinois Underground Utility Facilities
10 Damage Prevention Act is amended by adding Section 11.5 as
11 follows:
12 (220 ILCS 50/11.5 new)
13 Sec. 11.5. Limitation on liability.
14 (a) In joining the State-Wide One-Call Notice System, a
15 municipality's liability, under any membership agreement
16 rules and regulations, for the indemnification of (i) the
17 entity that is in charge of or managing the System or any
18 officer, agent, or employee of that entity or (ii) a member
19 of the System or any officer, agent, or employee of a member
20 of the System shall be limited to claims arising as a result
21 of the acts or omissions of the municipality or its officers,
22 agents, or employees or arising out of the operations of the
23 municipality's underground utility facilities.
24 (b) Subsection (a) shall not be construed to create any
25 additional liability for a municipality in relation to any
26 member of the System with which the municipality may have
27 entered into a franchise agreement. If a municipality's
28 liability for indemnification under a franchise agreement is
29 narrower than under this Section, the franchise agreement
30 controls.
31 Section 30. The Illinois Vehicle Code is amended by
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1 changing Sections 6-306.5 and 11-209 as follows:
2 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
3 Sec. 6-306.5. Failure to pay fine or penalty for
4 standing, parking, or compliance violations; suspension of
5 driving privileges.
6 (a) Upon receipt of a certified report, as prescribed by
7 subsection (c) of this Section, from any municipality stating
8 that the owner of a registered vehicle has failed to pay any
9 fine or penalty due and owing as a result of 10 or more
10 violations of a municipality's vehicular standing, and
11 parking, or compliance regulations established by ordinance
12 pursuant to Section 11-208.3 of this Code, the Secretary of
13 State shall suspend the driving privileges of such person in
14 accordance with the procedures set forth in this Section. The
15 Secretary shall also suspend the driving privileges of an
16 owner of a registered vehicle upon receipt of a certified
17 report, as prescribed by subsection (f) of this Section, from
18 any municipality stating that such person has failed to
19 satisfy any fines or penalties imposed by final judgments for
20 10 or more violations of local standing, and parking, or
21 compliance regulations after exhaustion of judicial review
22 procedures.
23 (b) Following receipt of the certified report of the
24 municipality as specified in this Section, the Secretary of
25 State shall notify the person whose name appears on the
26 certified report that the person's drivers license will be
27 suspended at the end of a specified period of time unless the
28 Secretary of State is presented with a notice from the
29 municipality certifying that the fine or penalty due and
30 owing the municipality has been paid or that inclusion of
31 that person's name on the certified report was in error. The
32 Secretary's notice shall state in substance the information
33 contained in the municipality's certified report to the
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1 Secretary, and shall be effective as specified by subsection
2 (c) of Section 6-211 of this Code.
3 (c) The report of the appropriate municipal official
4 notifying the Secretary of State of unpaid fines or penalties
5 pursuant to this Section shall be certified and shall contain
6 the following:
7 (1) The name, last known address and drivers
8 license number of the person who failed to pay the fine
9 or penalty and the registration number of any vehicle
10 known to be registered to such person in this State.
11 (2) The name of the municipality making the report
12 pursuant to this Section.
13 (3) A statement that the municipality sent a notice
14 of impending drivers license suspension as prescribed by
15 ordinance enacted pursuant to Section 11-208.3, to the
16 person named in the report at the address recorded with
17 the Secretary of State; the date on which such notice was
18 sent; and the address to which such notice was sent. In a
19 municipality with a population of 1,000,000 or more, the
20 report shall also include a statement that the alleged
21 violator's State vehicle registration number and vehicle
22 make are correct as they appear on the citations.
23 (d) Any municipality making a certified report to the
24 Secretary of State pursuant to this Section shall notify the
25 Secretary of State, in a form prescribed by the Secretary,
26 whenever a person named in the certified report has paid the
27 previously reported fine or penalty or whenever the
28 municipality determines that the original report was in
29 error. A certified copy of such notification shall also be
30 given upon request and at no additional charge to the person
31 named therein. Upon receipt of the municipality's
32 notification or presentation of a certified copy of such
33 notification, the Secretary of State shall terminate the
34 suspension.
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1 (e) Any municipality making a certified report to the
2 Secretary of State pursuant to this Section shall also by
3 ordinance establish procedures for persons to challenge the
4 accuracy of the certified report. The ordinance shall also
5 state the grounds for such a challenge, which may be limited
6 to (1) the person not having been the owner or lessee of the
7 vehicle or vehicles receiving 10 or more standing, parking,
8 or compliance violation notices on the date or dates such
9 notices were issued; and (2) the person having already paid
10 the fine or penalty for the 10 or more violations indicated
11 on the certified report.
12 (f) Any municipality, other than a municipality
13 establishing vehicular standing, and parking, and compliance
14 regulations pursuant to Section 11-208.3, may also cause a
15 suspension of a person's drivers license pursuant to this
16 Section. Such municipality may invoke this sanction by making
17 a certified report to the Secretary of State upon a person's
18 failure to satisfy any fine or penalty imposed by final
19 judgment for 10 or more violations of local standing, and
20 parking, or compliance regulations after exhaustion of
21 judicial review procedures, but only if:
22 (1) the municipality complies with the provisions
23 of this Section in all respects except in regard to
24 enacting an ordinance pursuant to Section 11-208.3;
25 (2) the municipality has sent a notice of impending
26 drivers license suspension as prescribed by an ordinance
27 enacted pursuant to subsection (g) of this Section; and
28 (3) in municipalities with a population of
29 1,000,000 or more, the municipality has verified that the
30 alleged violator's State vehicle registration number and
31 vehicle make are correct as they appear on the citations.
32 (g) Any municipality, other than a municipality
33 establishing standing, and parking, and compliance
34 regulations pursuant to Section 11-208.3, may provide by
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1 ordinance for the sending of a notice of impending drivers
2 license suspension to the person who has failed to satisfy
3 any fine or penalty imposed by final judgment for 10 or more
4 violations of local standing, and parking, or compliance
5 regulations after exhaustion of judicial review procedures.
6 An ordinance so providing shall specify that the notice sent
7 to the person liable for any fine or penalty shall state that
8 failure to pay the fine or penalty owing within 45 days of
9 the notice's date will result in the municipality notifying
10 the Secretary of State that the person's drivers license is
11 eligible for suspension pursuant to this Section. The notice
12 of impending drivers license suspension shall be sent by
13 first class United States mail, postage prepaid, to the
14 address recorded with the Secretary of State.
15 (h) An administrative hearing to contest an impending
16 suspension or a suspension made pursuant to this Section may
17 be had upon filing a written request with the Secretary of
18 State. The filing fee for this hearing shall be $20, to be
19 paid at the time the request is made. A municipality which
20 files a certified report with the Secretary of State pursuant
21 to this Section shall reimburse the Secretary for all
22 reasonable costs incurred by the Secretary as a result of the
23 filing of the report, including but not limited to the costs
24 of providing the notice required pursuant to subsection (b)
25 and the costs incurred by the Secretary in any hearing
26 conducted with respect to the report pursuant to this
27 subsection and any appeal from such a hearing.
28 (i) The provisions of this Section shall apply on and
29 after January 1, 1988.
30 (j) For purposes of this Section, the term "compliance
31 violation" is defined as in Section 11-208.3.
32 (Source: P.A. 89-190, eff. 1-1-96.)
33 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
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1 Sec. 11-209. Powers of municipalities and counties -
2 Contract with school boards, hospitals, churches, condominium
3 complex unit owners' associations, and commercial and
4 industrial facility, shopping center, and apartment complex
5 owners for regulation of traffic.
6 (a) The corporate authorities of any municipality or the
7 county board of any county, and a school board, hospital,
8 church, condominium complex unit owners' association, or
9 owner of any commercial and industrial facility, shopping
10 center, or apartment complex which controls a parking area
11 located within the limits of the municipality, or outside the
12 limits of the municipality and within the boundaries of the
13 county, may, by contract, empower the municipality or county
14 to regulate the parking of automobiles and the traffic at
15 such parking area. Such contract shall empower the
16 municipality or county to accomplish all or any part of the
17 following:
18 1. The erection of stop signs, flashing signals,
19 person with disabilities parking area signs or yield
20 signs at specified locations in a parking area and the
21 adoption of appropriate regulations thereto pertaining,
22 or the designation of any intersection in the parking
23 area as a stop intersection or as a yield intersection
24 and the ordering of like signs or signals at one or more
25 entrances to such intersection, subject to the provisions
26 of this Chapter.
27 2. The prohibition or regulation of the turning of
28 vehicles or specified types of vehicles at intersections
29 or other designated locations in the parking area.
30 3. The regulation of a crossing of any roadway in
31 the parking area by pedestrians.
32 4. The designation of any separate roadway in the
33 parking area for one-way traffic.
34 5. The establishment and regulation of loading
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1 zones.
2 6. The prohibition, regulation, restriction or
3 limitation of the stopping, standing or parking of
4 vehicles in specified areas of the parking area.
5 7. The designation of safety zones in the parking
6 area and fire lanes.
7 8. Providing for the removal and storage of
8 vehicles parked or abandoned in the parking area during
9 snowstorms, floods, fires, or other public emergencies,
10 or found unattended in the parking area, (a) where they
11 constitute an obstruction to traffic, or (b) where
12 stopping, standing or parking is prohibited, and for the
13 payment of reasonable charges for such removal and
14 storage by the owner or operator of any such vehicle.
15 9. Providing that the cost of planning,
16 installation, maintenance and enforcement of parking and
17 traffic regulations pursuant to any contract entered into
18 under the authority of this paragraph (a) of this Section
19 be borne by the municipality or county, or by the school
20 board, hospital, church, property owner, apartment
21 complex owner, or condominium complex unit owners'
22 association, or that a percentage of the cost be shared
23 by the parties to the contract.
24 10. Causing the installation of parking meters on
25 the parking area and establishing whether the expense of
26 installing said parking meters and maintenance thereof
27 shall be that of the municipality or county, or that of
28 the school board, hospital, church, condominium complex
29 unit owners' association, shopping center or apartment
30 complex owner. All moneys obtained from such parking
31 meters as may be installed on any parking area shall
32 belong to the municipality or county.
33 11. Causing the installation of parking signs in
34 accordance with Section 11-301 in areas of the parking
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1 lots covered by this Section and where desired by the
2 person contracting with the appropriate authority listed
3 in paragraph (a) of this Section, indicating that such
4 parking spaces are reserved for persons with
5 disabilities.
6 12. Contracting for such additional reasonable
7 rules and regulations with respect to traffic and parking
8 in a parking area as local conditions may require for the
9 safety and convenience of the public or of the users of
10 the parking area.
11 (b) No contract entered into pursuant to this Section
12 shall exceed a period of 20 years. No lessee of a shopping
13 center or apartment complex shall enter into such a contract
14 for a longer period of time than the length of his lease.
15 (c) Any contract entered into pursuant to this Section
16 shall be recorded in the office of the recorder in the county
17 in which the parking area is located, and no regulation made
18 pursuant to the contract shall be effective or enforceable
19 until 3 days after the contract is so recorded.
20 (d) At such time as parking and traffic regulations have
21 been established at any parking area pursuant to the contract
22 as provided for in this Section, then it shall be a petty
23 offense for any person to do any act forbidden or to fail to
24 perform any act required by such parking or traffic
25 regulation. If the violation is the parking in a parking
26 space reserved for persons with disabilities under paragraph
27 (11) of this Section, by a person without special
28 registration plates issued to a person with disabilities, as
29 defined by Section 1-159.1, pursuant to Section 3-616 of this
30 Code, or to a disabled veteran pursuant to Section 3-609 of
31 this Code, the local police of the contracting corporate
32 municipal authorities shall issue a parking ticket to such
33 parking violator and issue a fine in accordance with Section
34 11-1301.3.
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1 (e) The term "shopping center", as used in this Section,
2 means premises having one or more stores or business
3 establishments in connection with which there is provided on
4 privately-owned property near or contiguous thereto an area,
5 or areas, of land used by the public as the means of access
6 to and egress from the stores and business establishments on
7 such premises and for the parking of motor vehicles of
8 customers and patrons of such stores and business
9 establishments on such premises.
10 (f) The term "parking area", as used in this Section,
11 means an area, or areas, of land near or contiguous to a
12 school, church, or hospital building, shopping center,
13 apartment complex, or condominium complex, but not the public
14 highways or alleys, and used by the public as the means of
15 access to and egress from such buildings and the stores and
16 business establishments at a shopping center and for the
17 parking of motor vehicles.
18 (g) The terms "owner", "property owner", "shopping
19 center owner", and "apartment complex owner", as used in this
20 Section, mean the actual legal owner of the shopping center
21 parking area or apartment complex, the trust officer of a
22 banking institution having the right to manage and control
23 such property, or a person having the legal right, through
24 lease or otherwise, to manage or control the property.
25 (g-5) The term "condominium complex unit owners'
26 association", as used in this Section, means a "unit owners'
27 association" as defined in Section 2 of the Condominium
28 Property Act.
29 (h) The term "fire lane", as used in this Section, means
30 travel lanes for the fire fighting equipment upon which there
31 shall be no standing or parking of any motor vehicle at any
32 time so that fire fighting equipment can move freely thereon.
33 (i) The term "apartment complex", as used in this
34 Section, means premises having one or more apartments in
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1 connection with which there is provided on privately-owned
2 property near or contiguous thereto an area, or areas, of
3 land used by occupants of such apartments or their guests as
4 a means of access to and egress from such apartments or for
5 the parking of motor vehicles of such occupants or their
6 guests.
7 (j) The term "condominium complex", as used in this
8 Section, means the units, common elements, and limited common
9 elements that are located on the parcels, as those terms are
10 defined in Section 2 of the Condominium Property Act.
11 (k) The term "commercial and industrial facility", as
12 used in this Section, means a premises containing one or more
13 commercial and industrial facility establishment in
14 connection with which there is provided on privately-owned
15 property near or contiguous to the premises an area or areas
16 of land used by the public as the means of access to and
17 egress from the commercial and industrial facility
18 establishment on the premises and for the parking of motor
19 vehicles of customers, patrons, and employees of the
20 commercial and industrial facility establishment on the
21 premises.
22 This amendatory Act of 1972 is not a prohibition upon the
23 contractual and associational powers granted by Article VII,
24 Section 10 of the Illinois Constitution.
25 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
26 Section 35. The Illinois Human Rights Act is amended by
27 changing Section 2-104 as follows:
28 (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
29 Sec. 2-104. Exemptions.
30 (A) Nothing contained in this Act shall prohibit an
31 employer, employment agency or labor organization from:
32 (1) Bona Fide Qualification. Hiring or selecting
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1 between persons for bona fide occupational qualifications
2 or any reason except those civil-rights violations
3 specifically identified in this Article.
4 (2) Veterans. Giving preferential treatment to
5 veterans and their relatives as required by the laws or
6 regulations of the United States or this State or a unit
7 of local government.
8 (3) Unfavorable Discharge From Military Service.
9 Using unfavorable discharge from military service as a
10 valid employment criterion when authorized by federal law
11 or regulation or when a position of employment involves
12 the exercise of fiduciary responsibilities as defined by
13 rules and regulations which the Department shall adopt.
14 (4) Ability Tests. Giving or acting upon the
15 results of any professionally developed ability test
16 provided that such test, its administration, or action
17 upon the results, is not used as a subterfuge for or does
18 not have the effect of unlawful discrimination.
19 (5) Merit and Retirement Systems.
20 (a) Applying different standards of
21 compensation, or different terms, conditions or
22 privileges of employment pursuant to a merit or
23 retirement system provided that such system or its
24 administration is not used as a subterfuge for or
25 does not have the effect of unlawful discrimination.
26 (b) Effecting compulsory retirement of any
27 employee who has attained 65 years of age and who,
28 for the 2-year period immediately preceding
29 retirement, is employed in a bona fide executive or
30 a high policymaking position, if such employee is
31 entitled to an immediate nonforfeitable annual
32 retirement benefit from a pension, profit-sharing,
33 savings, or deferred compensation plan, or any
34 combination of such plans of the employer of such
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1 employee, which equals, in the aggregate, at least
2 $44,000. If any such retirement benefit is in a
3 form other than a straight life annuity (with no
4 ancillary benefits) or if the employees contribute
5 to any such plan or make rollover contributions, the
6 retirement benefit shall be adjusted in accordance
7 with regulations prescribed by the Department, so
8 that the benefit is the equivalent of a straight
9 life annuity (with no ancillary benefits) under a
10 plan to which employees do not contribute and under
11 which no rollover contributions are made.
12 (c) Until January 1, 1994, effecting
13 compulsory retirement of any employee who has
14 attained 70 years of age, and who is serving under a
15 contract of unlimited tenure (or similar arrangement
16 providing for unlimited tenure) at an institution of
17 higher education as defined by Section 1201(a) of
18 the Higher Education Act of 1965.
19 (6) Training and Apprenticeship programs.
20 Establishing an educational requirement as a prerequisite
21 to selection for a training or apprenticeship program,
22 provided such requirement does not operate to
23 discriminate on the basis of any prohibited
24 classification except age.
25 (7) Police and Firefighter/Paramedic Retirement.
26 Imposing a mandatory retirement age for
27 firefighters/paramedics or law enforcement officers and
28 discharging or retiring such individuals pursuant to the
29 mandatory retirement age if such action is taken pursuant
30 to a bona fide retirement plan provided that if prior to
31 December 31, 1993, the law enforcement officer or
32 firefighter/paramedic has attained:
33 (a) the age of retirement in effect under
34 applicable State or local law on March 3, 1983; or
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1 (b) if the applicable State or local law was
2 enacted after the date of enactment of the federal
3 Age Discrimination in Employment Act Amendments of
4 1996 (P.L. 104-208), the age of retirement in effect
5 on the date of such discharge under such law and if
6 such retirement action is taken pursuant to a bona
7 fide retirement plan.
8 This paragraph (7) shall not apply with respect to any
9 cause of action arising under the Illinois Human Rights Act
10 as in effect prior to the effective date of this amendatory
11 Act of 1997 December 3, 1987 (the effective date of Public
12 Act 85-949).
13 (8) Police and Firefighter/Paramedic Appointment.
14 Failing or refusing to hire or to discharge any
15 individual because of such individual's age if such
16 action is taken with respect to the employment of an
17 individual as a firefighter/paramedic or as a law
18 enforcement officer and the individual has attained:
19 (a) the age of hiring or appointment
20 retirement in effect under applicable State or local
21 law, which provides a maximum age hiring limitation
22 or for mandatory retirement, in effect on or before
23 March 3, 1983; or
24 (b) the age of hiring in effect on the date of
25 such failure or refusal to hire under applicable
26 State or local law enacted after the date of
27 enactment of the federal Age Discrimination in
28 Employment Act Amendments of 1996 (P.L. 104-208).
29 As used in this paragraph (7) or (8):
30 (a) "Firefighter/paramedic" means an employee, the
31 duties of whose position are primarily to perform work
32 directly connected with the control and extinguishment of
33 fires or the maintenance and use of firefighting
34 apparatus and equipment, or to provide emergency medical
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1 services, including an employee engaged in this activity
2 who is transferred to a supervisory or administrative
3 position.
4 (b) "Law enforcement officer" means an employee,
5 the duties of whose position are primarily the
6 investigation, apprehension, or detention of individuals
7 suspected or convicted of criminal offenses, including an
8 employee engaged in this activity who is transferred to a
9 supervisory or administrative position.
10 The provisions of this paragraph (8) shall remain in
11 effect until December 31, 1993 or until similar
12 provisions in Section 4 of the federal Age Discrimination
13 in Employment Act of 1967 (29 U.S. Code 623) are deleted
14 or repealed, whichever is later.
15 (9) Citizenship Status. Making legitimate
16 distinctions based on citizenship status if specifically
17 authorized or required by State or federal law.
18 (B) With respect to any employee who is subject to a
19 collective bargaining agreement:
20 (a) which is in effect on June 30, 1986,
21 (b) which terminates after January 1, 1987,
22 (c) any provision of which was entered into by a
23 labor organization as defined by Section 6(d)(4) of the
24 Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)),
25 and
26 (d) which contains any provision that would be
27 superseded by this amendatory Act of 1987 (Public Act
28 85-748),
29 such amendatory Act of 1987 shall not apply until the
30 termination of such collective bargaining agreement or
31 January 1, 1990, whichever occurs first.
32 (C)(1) For purposes of this Act, the term "handicap"
33 shall not include any employee or applicant who is currently
34 engaging in the illegal use of drugs, when an employer acts
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1 on the basis of such use.
2 (2) Paragraph (1) shall not apply where an employee or
3 applicant for employment:
4 (a) has successfully completed a supervised drug
5 rehabilitation program and is no longer engaging in the
6 illegal use of drugs, or has otherwise been rehabilitated
7 successfully and is no longer engaging in such use;
8 (b) is participating in a supervised rehabilitation
9 program and is no longer engaging in such use; or
10 (c) is erroneously regarded as engaging in such
11 use, but is not engaging in such use.
12 It shall not be a violation of this Act for an employer
13 to adopt or administer reasonable policies or procedures,
14 including but not limited to drug testing, designed to ensure
15 that an individual described in subparagraph (a) or (b) is no
16 longer engaging in the illegal use of drugs.
17 (3) An employer:
18 (a) may prohibit the illegal use of drugs and the
19 use of alcohol at the workplace by all employees;
20 (b) may require that employees shall not be under
21 the influence of alcohol or be engaging in the illegal
22 use of drugs at the workplace;
23 (c) may require that employees behave in
24 conformance with the requirements established under the
25 federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et
26 seq.) and the Drug Free Workplace Act;
27 (d) may hold an employee who engages in the illegal
28 use of drugs or who is an alcoholic to the same
29 qualification standards for employment or job performance
30 and behavior that such employer holds other employees,
31 even if any unsatisfactory performance or behavior is
32 related to the drug use or alcoholism of such employee;
33 and
34 (e) may, with respect to federal regulations
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1 regarding alcohol and the illegal use of drugs, require
2 that:
3 (i) employees comply with the standards
4 established in such regulations of the United States
5 Department of Defense, if the employees of the
6 employer are employed in an industry subject to such
7 regulations, including complying with regulations
8 (if any) that apply to employment in sensitive
9 positions in such an industry, in the case of
10 employees of the employer who are employed in such
11 positions (as defined in the regulations of the
12 Department of Defense);
13 (ii) employees comply with the standards
14 established in such regulations of the Nuclear
15 Regulatory Commission, if the employees of the
16 employer are employed in an industry subject to such
17 regulations, including complying with regulations
18 (if any) that apply to employment in sensitive
19 positions in such an industry, in the case of
20 employees of the employer who are employed in such
21 positions (as defined in the regulations of the
22 Nuclear Regulatory Commission); and
23 (iii) employees comply with the standards
24 established in such regulations of the United States
25 Department of Transportation, if the employees of
26 the employer are employed in a transportation
27 industry subject to such regulations, including
28 complying with such regulations (if any) that apply
29 to employment in sensitive positions in such an
30 industry, in the case of employees of the employer
31 who are employed in such positions (as defined in
32 the regulations of the United States Department of
33 Transportation).
34 (4) For purposes of this Act, a test to determine the
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1 illegal use of drugs shall not be considered a medical
2 examination. Nothing in this Act shall be construed to
3 encourage, prohibit, or authorize the conducting of drug
4 testing for the illegal use of drugs by job applicants or
5 employees or making employment decisions based on such test
6 results.
7 (5) Nothing in this Act shall be construed to encourage,
8 prohibit, restrict, or authorize the otherwise lawful
9 exercise by an employer subject to the jurisdiction of the
10 United States Department of Transportation of authority to:
11 (a) test employees of such employer in, and
12 applicants for, positions involving safety-sensitive
13 duties for the illegal use of drugs and for on-duty
14 impairment by alcohol; and
15 (b) remove such persons who test positive for
16 illegal use of drugs and on-duty impairment by alcohol
17 pursuant to subparagraph (a) from safety-sensitive duties
18 in implementing paragraph (3).
19 (Source: P.A. 87-348; 87-579; 87-895; 88-180.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.