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90_SB0106ham001
LRB9000653PTcwam03
1 AMENDMENT TO SENATE BILL 106
2 AMENDMENT NO. . Amend Senate Bill 106 by replacing
3 the title with the following:
4 "AN ACT concerning governmental activities, amending
5 named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by changing
9 Sections 3-6036 and 5-1060 as follows:
10 (55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
11 Sec. 3-6036. Powers and duties of Supervisor of Safety.
12 The Supervisor of Safety shall enforce all the laws of this
13 State and, within the municipalities in his county, the
14 ordinances of such municipalities relating to the regulation
15 of motor vehicle traffic and the promotion of safety on
16 public highways. The Supervisor of Safety shall advise the
17 county board as to contracts negotiated regulating traffic of
18 parking areas of schools, hospitals, commercial and
19 industrial facilities, shopping centers and apartment
20 complexes outside any municipality of said county, and shall
21 act as its representative and agent in connection with the
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1 execution of such contracts. In those instances where
2 contracts are being negotiated between municipalities and
3 schools, hospitals, commercial and industrial facilities,
4 shopping centers and apartment complexes outside the
5 corporate limits, the Supervisor of Safety shall advise the
6 county board. All such contracts shall be negotiated in the
7 manner of section 11-209 of The Illinois Vehicle Code.
8 Subject to the approval of the county board, the Supervisor
9 of Safety may appoint assistants to aid him in carrying out
10 his duties. The Supervisor of Safety shall cooperate with the
11 State and Federal governments and agencies thereof in
12 programs designed to promote safety on highways.
13 The Supervisor of Safety in counties of less than
14 1,000,000 inhabitants may enter into cooperative contractual
15 agreements with school districts in his county, under which
16 the school district hires, compensates and is liable for one
17 or more school crossing guards, and the Supervisor of Safety,
18 as sheriff of the county, appoints any such guard as an
19 auxiliary deputy, in the manner and under the terms of
20 Sections 3-6001 through 3-6032.
21 This Section is not a prohibition upon the contractual
22 and associational powers granted by Article VII, Section 10
23 of the Illinois Constitution.
24 (Source: P.A. 86-962; 86-1475.)
25 (55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
26 Sec. 5-1060. Contracts for regulation of traffic. A
27 county board may contract with school boards, hospitals,
28 commercial and industrial facilities, and owners of shopping
29 centers or apartment complexes for the purpose of regulating
30 traffic in their parking areas outside a municipality in
31 areas under the jurisdiction of the County Board in such
32 manner as is provided by Section 11-209 of The Illinois
33 Vehicle Code and as provided under Section 3-6036 of this
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1 Code.
2 This Section is not a prohibition upon the contractual
3 and associational powers granted by Article VII, Section 10
4 of the Illinois Constitution.
5 (Source: P.A. 86-962; 86-1475.)
6 Section 10. The Township Code is amended by changing
7 Section 15-10 as follows:
8 (60 ILCS 1/15-10)
9 Sec. 15-10. Disconnection of territory from township;
10 annexation to adjacent township. Until the effective date of
11 this amendatory Act of 1997, whenever a township is organized
12 under this Article and any of the territory of the city not
13 more than one-half square mile in extent and containing not
14 more than 50 inhabitants is disconnected from the city, the
15 county board may, by resolution, upon receiving a certified
16 copy of the resolution or ordinance of the city disconnecting
17 the territory and after a public hearing on the matter
18 following notice given as provided in Section 15-5,
19 disconnect the territory from the township and annex it to an
20 adjacent township or townships.
21 Whenever a township is organized under this Article and
22 any of the territory of the city is, after the effective date
23 of this amendatory Act of 1997, disconnected from the city by
24 court order or ordinance, the territory shall automatically
25 be disconnected from the otherwise coterminous township and
26 connected to the adjacent township, and the transfer of the
27 territory shall not affect the city's status as a city with a
28 coterminous township. If disconnection is pursuant to court
29 order, the petitioning party in the cause shall, within 30
30 days of the entry of an order permitting disconnection, serve
31 a copy of the order upon the coterminous township, the
32 adjacent township, and the county clerk by certified mail,
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1 return receipt requested, and shall file proof of the service
2 with the circuit clerk. Upon objection by either the
3 coterminous township or the adjacent township within 180 days
4 after the enactment of the ordinance or after service of the
5 court order, the county board may, after receiving a
6 certified copy of the court order or ordinance and after a
7 public hearing on the matter following notice given as
8 provided in Section 15-5, pass an ordinance annulling the
9 automatic disconnection of territory from the coterminous
10 township. The action by the county board shall not affect
11 the disconnection of territory from the city, but shall cause
12 the territory to remain in the coterminous township. The
13 annulling by the county board of the automatic disconnection
14 of territory from the coterminous township shall not affect
15 the city's status as a city with a coterminous township.
16 (Source: P.A. 86-1299; 87-1197; 88-62.)
17 Section 15. The Illinois Municipal Code is amended by
18 changing Sections 1-1-7, 7-1-47, 10-1-12, 10-2.1-6, and
19 10-2.1-14 as follows:
20 (65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
21 Sec. 1-1-7. Power of municipality to contract with school
22 boards, hospitals, commercial and industrial facilities, and
23 owners of shopping centers or apartment complexes. The
24 corporate authorities of any municipality shall have the
25 power to contract with school boards, hospitals, commercial
26 and industrial facilities, and owners of shopping centers or
27 apartment complexes within and without the municipal limits
28 in such manner as is provided by Section 11-209 of "The
29 Illinois Vehicle Code", approved September 29, 1969, as
30 amended, and as provided under Section 2 of "An Act in
31 relation to the regulation of motor vehicle traffic and the
32 promotion of safety on public highways in counties", approved
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1 August 9, 1951, as amended.
2 This amendatory Act of 1972 is not a prohibition upon the
3 contractual and associational powers granted by Article VII,
4 Section 10 of the Illinois Constitution.
5 (Source: P.A. 78-255.)
6 (65 ILCS 5/7-1-47) (from Ch. 24, par. 7-1-47)
7 Sec. 7-1-47. Automatic zoning classification. The
8 corporate authorities of any municipality may provide by
9 ordinance that when territory is annexed to such
10 municipality, the territory automatically is classified to
11 the highest restrictive zoning classification providing
12 principally for residential use under the annexing
13 municipality's zoning ordinance.
14 (Source: Laws 1965, p. 2178.)
15 (65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
16 Sec. 10-1-12. Register; eligibility list. From the
17 returns or reports of the examiners, or from the examinations
18 made by the commission, the commission shall prepare a
19 register for each grade or class of positions in the
20 classified service of such municipality of the persons whose
21 general average standing upon examination for such grade or
22 class is not less than the minimum fixed by the rules of such
23 commission, and who are otherwise eligible. Such persons
24 shall take rank upon the register as candidates in the order
25 of their relative excellence as determined by examination,
26 without reference to priority of time of examination.
27 Within 60 days after each examination, an eligibility
28 list shall be posted by the Commission, which shall show the
29 final grades of the candidates without reference to priority
30 of time of examination and subject to claim for military
31 credit. Candidates who are eligible for military credit
32 shall make a claim in writing within 10 days after posting of
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1 the eligibility list or such claim shall be deemed waived.
2 Appointment shall be subject to a final physical examination.
3 If a person is placed on an eligibility list and becomes
4 overage before he or she is appointed to a police or fire
5 department, the person remains eligible for appointment until
6 the list is abolished pursuant to authorized procedures.
7 Otherwise no person who has attained the age of 36 years
8 shall be inducted as a member of a police department and no
9 person who has attained the age of 35 years shall be inducted
10 as a member of a fire department, except as otherwise
11 provided in this division.
12 (Source: P.A. 89-52, eff. 6-30-95.)
13 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
14 Sec. 10-2.1-6. Examination of applicants;
15 disqualifications.
16 (a) All applicants for a position in either the fire or
17 police department of the municipality shall be under 35 years
18 of age, shall be subject to an examination that shall be
19 public, competitive, and open to all applicants (unless the
20 council or board of trustees by ordinance limit applicants to
21 electors of the municipality, county, state or nation) and
22 shall be subject to reasonable limitations as to residence,
23 health, habits, and moral character. The municipality may
24 not charge or collect any fee from an applicant who has met
25 all prequalification standards established by the
26 municipality for any such position.
27 (b) Residency requirements in effect at the time an
28 individual enters the fire or police service of a
29 municipality (other than a municipality that has more than
30 1,000,000 inhabitants) cannot be made more restrictive for
31 that individual during his period of service for that
32 municipality, or be made a condition of promotion, except for
33 the rank or position of Fire or Police Chief.
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1 (c) No person with a record of misdemeanor convictions
2 except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,
3 11-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
4 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
5 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
6 24-1 of the Criminal Code of 1961 or arrested for any cause
7 but not convicted on that cause shall be disqualified from
8 taking the examination to qualify for a position in the fire
9 department on grounds of habits or moral character.
10 (d) The age limitation in subsection (a) does not apply
11 (i) to any person previously employed as a policeman or
12 fireman in a regularly constituted police or fire department
13 of (I) any municipality or (II) a fire protection district
14 whose obligations were assumed by a municipality under
15 Section 21 of the Fire Protection District Act, (ii) to any
16 person who has served a municipality as a regularly enrolled
17 volunteer fireman for 5 years immediately preceding the time
18 that municipality begins to use full time firemen to provide
19 all or part of its fire protection service, or (iii) to any
20 person who has served as an auxiliary policeman under Section
21 3.1-30-20 for at least 5 years and is under 40 years of age
22 (Blank).
23 (e) Applicants who are 20 years of age and who have
24 successfully completed 2 years of law enforcement studies at
25 an accredited college or university may be considered for
26 appointment to active duty with the police department. An
27 applicant described in this subsection (e) who is appointed
28 to active duty shall not have power of arrest, nor shall the
29 applicant be permitted to carry firearms, until he or she
30 reaches 21 years of age.
31 (f) Applicants who are 18 years of age and who have
32 successfully completed 2 years of study in fire techniques,
33 amounting to a total of 4 high school credits, within the
34 cadet program of a municipality may be considered for
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1 appointment to active duty with the fire department of any
2 municipality.
3 (g) The council or board of trustees may by ordinance
4 provide that persons residing outside the municipality are
5 eligible to take the examination.
6 (h) The examinations shall be practical in character and
7 relate to those matters that will fairly test the capacity of
8 the persons examined to discharge the duties of the positions
9 to which they seek appointment. No person shall be appointed
10 to the police or fire department if he or she does not
11 possess a high school diploma or an equivalent high school
12 education. The examinations shall include tests of physical
13 qualifications and health. No person shall be appointed to
14 the police or fire department if he or she has suffered the
15 amputation of any limb unless the applicant's duties will be
16 only clerical or as a radio operator. No applicant shall be
17 examined concerning his or her political or religious
18 opinions or affiliations. The examinations shall be
19 conducted by the board of fire and police commissioners of
20 the municipality as provided in this Division 2.1.
21 (i) No person who is classified by his local selective
22 service draft board as a conscientious objector, or who has
23 ever been so classified, may be appointed to the police
24 department.
25 (j) No person shall be appointed to the police or fire
26 department unless he or she is a person of good character and
27 not an habitual drunkard, gambler, or a person who has been
28 convicted of a felony or a crime involving moral turpitude.
29 No person, however, shall be disqualified from appointment to
30 the fire department because of his or her record of
31 misdemeanor convictions except those under Sections 11-6,
32 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
33 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
34 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
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1 subsections (1), (6) and (8) of Section 24-1 of the Criminal
2 Code of 1961 or arrest for any cause without conviction on
3 that cause. Any such person who is in the department may be
4 removed on charges brought and after a trial as provided in
5 this Division 2.1.
6 (Source: P.A. 88-45; 89-52, eff. 6-30-95.)
7 (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
8 Sec. 10-2.1-14. Register of eligibles. The board of fire
9 and police commissioners shall prepare and keep a register of
10 persons whose general average standing, upon examination, is
11 not less than the minimum fixed by the rules of the board,
12 and who are otherwise eligible. These persons shall take
13 rank upon the register as candidates in the order of their
14 relative excellence as determined by examination, without
15 reference to priority of time of examination.
16 Within 60 days after each examination, an eligibility
17 list shall be posted by the board, which shall show the final
18 grades of the candidates without reference to priority of
19 time of examination and subject to claim for military credit.
20 Candidates who are eligible for military credit shall make a
21 claim in writing within 10 days after the posting of the
22 eligibility list or such claim shall be deemed waived.
23 Appointment shall be subject to a final physical examination.
24 If a person is placed on an eligibility list and becomes
25 overage before he or she is appointed to a police or fire
26 department, the person remains eligible for appointment until
27 the list is abolished pursuant to authorized procedures.
28 Otherwise no person who has attained the age of 36 years
29 shall be inducted as a member of a police department and no
30 person who has attained the age of 35 years shall be inducted
31 as a member of a fire department, except as otherwise
32 provided in this division.
33 (Source: P.A. 89-52, eff. 6-30-95.)
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1 Section 20. The Fire Protection District Act is amended
2 by changing Section 16.06 as follows:
3 (70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
4 Sec. 16.06. All applicants for a position in the fire
5 department of the fire protection district shall be under 35
6 years of age and shall be subjected to examination, which
7 shall be public, competitive, and free to all applicants,
8 subject to reasonable limitations as to health, habits, and
9 moral character; provided that the foregoing age limitation
10 shall not apply in the case of any person having previous
11 employment status as a fireman in a regularly constituted
12 fire department of any fire protection district, and further
13 provided that. each fireman or fire chief who is a member in
14 good standing in a regularly constituted fire department of
15 any municipality which shall be or shall have subsequently
16 been included within the boundaries of any fire protection
17 district now or hereafter organized shall be given a
18 preference for original appointment in the same class, grade
19 or employment over all other applicants. The examinations
20 shall be practical in their character and shall relate to
21 those matters which will fairly test the persons examined as
22 to their relative capacity to discharge the duties of the
23 positions to which they seek appointment. The examinations
24 shall include tests of physical qualifications and health.
25 No applicant, however, shall be examined concerning his
26 political or religious opinions or affiliations. The
27 examinations shall be conducted by the board of fire
28 commissioners.
29 (Source: P.A. 89-52, eff. 6-30-95.)
30 Section 25. The Illinois Underground Utility Facilities
31 Damage Prevention Act is amended by adding Section 11.5 as
32 follows:
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1 (220 ILCS 50/11.5 new)
2 Sec. 11.5. Limitation on liability.
3 (a) In joining the State-Wide One-Call Notice System, a
4 municipality's liability, under any membership agreement
5 rules and regulations, for the indemnification of (i) the
6 entity that is in charge of or managing the System or any
7 officer, agent, or employee of that entity or (ii) a member
8 of the System or any officer, agent, or employee of a member
9 of the System shall be limited to claims arising as a result
10 of the acts or omissions of the municipality or its officers,
11 agents, or employees or arising out of the operations of the
12 municipality's underground utility facilities.
13 (b) Subsection (a) shall not be construed to create any
14 additional liability for a municipality in relation to any
15 member of the System with which the municipality may have
16 entered into a franchise agreement. If a municipality's
17 liability for indemnification under a franchise agreement is
18 narrower than under this Section, the franchise agreement
19 controls.
20 Section 30. The Illinois Vehicle Code is amended by
21 changing Sections 6-306.5 and 11-209 as follows:
22 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
23 Sec. 6-306.5. Failure to pay fine or penalty for
24 standing, parking, or compliance violations; suspension of
25 driving privileges.
26 (a) Upon receipt of a certified report, as prescribed by
27 subsection (c) of this Section, from any municipality stating
28 that the owner of a registered vehicle has failed to pay any
29 fine or penalty due and owing as a result of 10 or more
30 violations of a municipality's vehicular standing, and
31 parking, or compliance regulations established by ordinance
32 pursuant to Section 11-208.3 of this Code, the Secretary of
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1 State shall suspend the driving privileges of such person in
2 accordance with the procedures set forth in this Section. The
3 Secretary shall also suspend the driving privileges of an
4 owner of a registered vehicle upon receipt of a certified
5 report, as prescribed by subsection (f) of this Section, from
6 any municipality stating that such person has failed to
7 satisfy any fines or penalties imposed by final judgments for
8 10 or more violations of local standing, and parking, or
9 compliance regulations after exhaustion of judicial review
10 procedures.
11 (b) Following receipt of the certified report of the
12 municipality as specified in this Section, the Secretary of
13 State shall notify the person whose name appears on the
14 certified report that the person's drivers license will be
15 suspended at the end of a specified period of time unless the
16 Secretary of State is presented with a notice from the
17 municipality certifying that the fine or penalty due and
18 owing the municipality has been paid or that inclusion of
19 that person's name on the certified report was in error. The
20 Secretary's notice shall state in substance the information
21 contained in the municipality's certified report to the
22 Secretary, and shall be effective as specified by subsection
23 (c) of Section 6-211 of this Code.
24 (c) The report of the appropriate municipal official
25 notifying the Secretary of State of unpaid fines or penalties
26 pursuant to this Section shall be certified and shall contain
27 the following:
28 (1) The name, last known address and drivers
29 license number of the person who failed to pay the fine
30 or penalty and the registration number of any vehicle
31 known to be registered to such person in this State.
32 (2) The name of the municipality making the report
33 pursuant to this Section.
34 (3) A statement that the municipality sent a notice
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1 of impending drivers license suspension as prescribed by
2 ordinance enacted pursuant to Section 11-208.3, to the
3 person named in the report at the address recorded with
4 the Secretary of State; the date on which such notice was
5 sent; and the address to which such notice was sent. In a
6 municipality with a population of 1,000,000 or more, the
7 report shall also include a statement that the alleged
8 violator's State vehicle registration number and vehicle
9 make are correct as they appear on the citations.
10 (d) Any municipality making a certified report to the
11 Secretary of State pursuant to this Section shall notify the
12 Secretary of State, in a form prescribed by the Secretary,
13 whenever a person named in the certified report has paid the
14 previously reported fine or penalty or whenever the
15 municipality determines that the original report was in
16 error. A certified copy of such notification shall also be
17 given upon request and at no additional charge to the person
18 named therein. Upon receipt of the municipality's
19 notification or presentation of a certified copy of such
20 notification, the Secretary of State shall terminate the
21 suspension.
22 (e) Any municipality making a certified report to the
23 Secretary of State pursuant to this Section shall also by
24 ordinance establish procedures for persons to challenge the
25 accuracy of the certified report. The ordinance shall also
26 state the grounds for such a challenge, which may be limited
27 to (1) the person not having been the owner or lessee of the
28 vehicle or vehicles receiving 10 or more standing, parking,
29 or compliance violation notices on the date or dates such
30 notices were issued; and (2) the person having already paid
31 the fine or penalty for the 10 or more violations indicated
32 on the certified report.
33 (f) Any municipality, other than a municipality
34 establishing vehicular standing, and parking, and compliance
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1 regulations pursuant to Section 11-208.3, may also cause a
2 suspension of a person's drivers license pursuant to this
3 Section. Such municipality may invoke this sanction by making
4 a certified report to the Secretary of State upon a person's
5 failure to satisfy any fine or penalty imposed by final
6 judgment for 10 or more violations of local standing, and
7 parking, or compliance regulations after exhaustion of
8 judicial review procedures, but only if:
9 (1) the municipality complies with the provisions
10 of this Section in all respects except in regard to
11 enacting an ordinance pursuant to Section 11-208.3;
12 (2) the municipality has sent a notice of impending
13 drivers license suspension as prescribed by an ordinance
14 enacted pursuant to subsection (g) of this Section; and
15 (3) in municipalities with a population of
16 1,000,000 or more, the municipality has verified that the
17 alleged violator's State vehicle registration number and
18 vehicle make are correct as they appear on the citations.
19 (g) Any municipality, other than a municipality
20 establishing standing, and parking, and compliance
21 regulations pursuant to Section 11-208.3, may provide by
22 ordinance for the sending of a notice of impending drivers
23 license suspension to the person who has failed to satisfy
24 any fine or penalty imposed by final judgment for 10 or more
25 violations of local standing, and parking, or compliance
26 regulations after exhaustion of judicial review procedures.
27 An ordinance so providing shall specify that the notice sent
28 to the person liable for any fine or penalty shall state that
29 failure to pay the fine or penalty owing within 45 days of
30 the notice's date will result in the municipality notifying
31 the Secretary of State that the person's drivers license is
32 eligible for suspension pursuant to this Section. The notice
33 of impending drivers license suspension shall be sent by
34 first class United States mail, postage prepaid, to the
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1 address recorded with the Secretary of State.
2 (h) An administrative hearing to contest an impending
3 suspension or a suspension made pursuant to this Section may
4 be had upon filing a written request with the Secretary of
5 State. The filing fee for this hearing shall be $20, to be
6 paid at the time the request is made. A municipality which
7 files a certified report with the Secretary of State pursuant
8 to this Section shall reimburse the Secretary for all
9 reasonable costs incurred by the Secretary as a result of the
10 filing of the report, including but not limited to the costs
11 of providing the notice required pursuant to subsection (b)
12 and the costs incurred by the Secretary in any hearing
13 conducted with respect to the report pursuant to this
14 subsection and any appeal from such a hearing.
15 (i) The provisions of this Section shall apply on and
16 after January 1, 1988.
17 (j) For purposes of this Section, the term "compliance
18 violation" is defined as in Section 11-208.3.
19 (Source: P.A. 89-190, eff. 1-1-96.)
20 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
21 Sec. 11-209. Powers of municipalities and counties -
22 Contract with school boards, hospitals, churches, condominium
23 complex unit owners' associations, and commercial and
24 industrial facility, shopping center, and apartment complex
25 owners for regulation of traffic.
26 (a) The corporate authorities of any municipality or the
27 county board of any county, and a school board, hospital,
28 church, condominium complex unit owners' association, or
29 owner of any commercial and industrial facility, shopping
30 center, or apartment complex which controls a parking area
31 located within the limits of the municipality, or outside the
32 limits of the municipality and within the boundaries of the
33 county, may, by contract, empower the municipality or county
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1 to regulate the parking of automobiles and the traffic at
2 such parking area. Such contract shall empower the
3 municipality or county to accomplish all or any part of the
4 following:
5 1. The erection of stop signs, flashing signals,
6 person with disabilities parking area signs or yield
7 signs at specified locations in a parking area and the
8 adoption of appropriate regulations thereto pertaining,
9 or the designation of any intersection in the parking
10 area as a stop intersection or as a yield intersection
11 and the ordering of like signs or signals at one or more
12 entrances to such intersection, subject to the provisions
13 of this Chapter.
14 2. The prohibition or regulation of the turning of
15 vehicles or specified types of vehicles at intersections
16 or other designated locations in the parking area.
17 3. The regulation of a crossing of any roadway in
18 the parking area by pedestrians.
19 4. The designation of any separate roadway in the
20 parking area for one-way traffic.
21 5. The establishment and regulation of loading
22 zones.
23 6. The prohibition, regulation, restriction or
24 limitation of the stopping, standing or parking of
25 vehicles in specified areas of the parking area.
26 7. The designation of safety zones in the parking
27 area and fire lanes.
28 8. Providing for the removal and storage of
29 vehicles parked or abandoned in the parking area during
30 snowstorms, floods, fires, or other public emergencies,
31 or found unattended in the parking area, (a) where they
32 constitute an obstruction to traffic, or (b) where
33 stopping, standing or parking is prohibited, and for the
34 payment of reasonable charges for such removal and
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1 storage by the owner or operator of any such vehicle.
2 9. Providing that the cost of planning,
3 installation, maintenance and enforcement of parking and
4 traffic regulations pursuant to any contract entered into
5 under the authority of this paragraph (a) of this Section
6 be borne by the municipality or county, or by the school
7 board, hospital, church, property owner, apartment
8 complex owner, or condominium complex unit owners'
9 association, or that a percentage of the cost be shared
10 by the parties to the contract.
11 10. Causing the installation of parking meters on
12 the parking area and establishing whether the expense of
13 installing said parking meters and maintenance thereof
14 shall be that of the municipality or county, or that of
15 the school board, hospital, church, condominium complex
16 unit owners' association, shopping center or apartment
17 complex owner. All moneys obtained from such parking
18 meters as may be installed on any parking area shall
19 belong to the municipality or county.
20 11. Causing the installation of parking signs in
21 accordance with Section 11-301 in areas of the parking
22 lots covered by this Section and where desired by the
23 person contracting with the appropriate authority listed
24 in paragraph (a) of this Section, indicating that such
25 parking spaces are reserved for persons with
26 disabilities.
27 12. Contracting for such additional reasonable
28 rules and regulations with respect to traffic and parking
29 in a parking area as local conditions may require for the
30 safety and convenience of the public or of the users of
31 the parking area.
32 (b) No contract entered into pursuant to this Section
33 shall exceed a period of 20 years. No lessee of a shopping
34 center or apartment complex shall enter into such a contract
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1 for a longer period of time than the length of his lease.
2 (c) Any contract entered into pursuant to this Section
3 shall be recorded in the office of the recorder in the county
4 in which the parking area is located, and no regulation made
5 pursuant to the contract shall be effective or enforceable
6 until 3 days after the contract is so recorded.
7 (d) At such time as parking and traffic regulations have
8 been established at any parking area pursuant to the contract
9 as provided for in this Section, then it shall be a petty
10 offense for any person to do any act forbidden or to fail to
11 perform any act required by such parking or traffic
12 regulation. If the violation is the parking in a parking
13 space reserved for persons with disabilities under paragraph
14 (11) of this Section, by a person without special
15 registration plates issued to a person with disabilities, as
16 defined by Section 1-159.1, pursuant to Section 3-616 of this
17 Code, or to a disabled veteran pursuant to Section 3-609 of
18 this Code, the local police of the contracting corporate
19 municipal authorities shall issue a parking ticket to such
20 parking violator and issue a fine in accordance with Section
21 11-1301.3.
22 (e) The term "shopping center", as used in this Section,
23 means premises having one or more stores or business
24 establishments in connection with which there is provided on
25 privately-owned property near or contiguous thereto an area,
26 or areas, of land used by the public as the means of access
27 to and egress from the stores and business establishments on
28 such premises and for the parking of motor vehicles of
29 customers and patrons of such stores and business
30 establishments on such premises.
31 (f) The term "parking area", as used in this Section,
32 means an area, or areas, of land near or contiguous to a
33 school, church, or hospital building, shopping center,
34 apartment complex, or condominium complex, but not the public
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1 highways or alleys, and used by the public as the means of
2 access to and egress from such buildings and the stores and
3 business establishments at a shopping center and for the
4 parking of motor vehicles.
5 (g) The terms "owner", "property owner", "shopping
6 center owner", and "apartment complex owner", as used in this
7 Section, mean the actual legal owner of the shopping center
8 parking area or apartment complex, the trust officer of a
9 banking institution having the right to manage and control
10 such property, or a person having the legal right, through
11 lease or otherwise, to manage or control the property.
12 (g-5) The term "condominium complex unit owners'
13 association", as used in this Section, means a "unit owners'
14 association" as defined in Section 2 of the Condominium
15 Property Act.
16 (h) The term "fire lane", as used in this Section, means
17 travel lanes for the fire fighting equipment upon which there
18 shall be no standing or parking of any motor vehicle at any
19 time so that fire fighting equipment can move freely thereon.
20 (i) The term "apartment complex", as used in this
21 Section, means premises having one or more apartments in
22 connection with which there is provided on privately-owned
23 property near or contiguous thereto an area, or areas, of
24 land used by occupants of such apartments or their guests as
25 a means of access to and egress from such apartments or for
26 the parking of motor vehicles of such occupants or their
27 guests.
28 (j) The term "condominium complex", as used in this
29 Section, means the units, common elements, and limited common
30 elements that are located on the parcels, as those terms are
31 defined in Section 2 of the Condominium Property Act.
32 (k) The term "commercial and industrial facility", as
33 used in this Section, means a premises containing one or more
34 commercial and industrial facility establishment in
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1 connection with which there is provided on privately-owned
2 property near or contiguous to the premises an area or areas
3 of land used by the public as the means of access to and
4 egress from the commercial and industrial facility
5 establishment on the premises and for the parking of motor
6 vehicles of customers, patrons, and employees of the
7 commercial and industrial facility establishment on the
8 premises.
9 This amendatory Act of 1972 is not a prohibition upon the
10 contractual and associational powers granted by Article VII,
11 Section 10 of the Illinois Constitution.
12 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)
13 Section 35. The Illinois Human Rights Act is amended by
14 changing Section 2-104 as follows:
15 (775 ILCS 5/2-104) (from Ch. 68, par. 2-104)
16 Sec. 2-104. Exemptions.
17 (A) Nothing contained in this Act shall prohibit an
18 employer, employment agency or labor organization from:
19 (1) Bona Fide Qualification. Hiring or selecting
20 between persons for bona fide occupational qualifications
21 or any reason except those civil-rights violations
22 specifically identified in this Article.
23 (2) Veterans. Giving preferential treatment to
24 veterans and their relatives as required by the laws or
25 regulations of the United States or this State or a unit
26 of local government.
27 (3) Unfavorable Discharge From Military Service.
28 Using unfavorable discharge from military service as a
29 valid employment criterion when authorized by federal law
30 or regulation or when a position of employment involves
31 the exercise of fiduciary responsibilities as defined by
32 rules and regulations which the Department shall adopt.
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1 (4) Ability Tests. Giving or acting upon the
2 results of any professionally developed ability test
3 provided that such test, its administration, or action
4 upon the results, is not used as a subterfuge for or does
5 not have the effect of unlawful discrimination.
6 (5) Merit and Retirement Systems.
7 (a) Applying different standards of
8 compensation, or different terms, conditions or
9 privileges of employment pursuant to a merit or
10 retirement system provided that such system or its
11 administration is not used as a subterfuge for or
12 does not have the effect of unlawful discrimination.
13 (b) Effecting compulsory retirement of any
14 employee who has attained 65 years of age and who,
15 for the 2-year period immediately preceding
16 retirement, is employed in a bona fide executive or
17 a high policymaking position, if such employee is
18 entitled to an immediate nonforfeitable annual
19 retirement benefit from a pension, profit-sharing,
20 savings, or deferred compensation plan, or any
21 combination of such plans of the employer of such
22 employee, which equals, in the aggregate, at least
23 $44,000. If any such retirement benefit is in a
24 form other than a straight life annuity (with no
25 ancillary benefits) or if the employees contribute
26 to any such plan or make rollover contributions, the
27 retirement benefit shall be adjusted in accordance
28 with regulations prescribed by the Department, so
29 that the benefit is the equivalent of a straight
30 life annuity (with no ancillary benefits) under a
31 plan to which employees do not contribute and under
32 which no rollover contributions are made.
33 (c) Until January 1, 1994, effecting
34 compulsory retirement of any employee who has
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1 attained 70 years of age, and who is serving under a
2 contract of unlimited tenure (or similar arrangement
3 providing for unlimited tenure) at an institution of
4 higher education as defined by Section 1201(a) of
5 the Higher Education Act of 1965.
6 (6) Training and Apprenticeship programs.
7 Establishing an educational requirement as a prerequisite
8 to selection for a training or apprenticeship program,
9 provided such requirement does not operate to
10 discriminate on the basis of any prohibited
11 classification except age.
12 (7) Police and Firefighter/Paramedic Retirement.
13 Imposing a mandatory retirement age for
14 firefighters/paramedics or law enforcement officers and
15 discharging or retiring such individuals pursuant to the
16 mandatory retirement age if such action is taken pursuant
17 to a bona fide retirement plan provided that if prior to
18 December 31, 1993, the law enforcement officer or
19 firefighter/paramedic has attained:
20 (a) the age of retirement in effect under
21 applicable State or local law on March 3, 1983; or
22 (b) if the applicable State or local law was
23 enacted after the date of enactment of the federal
24 Age Discrimination in Employment Act Amendments of
25 1996 (P.L. 104-208), the age of retirement in effect
26 on the date of such discharge under such law and if
27 such retirement action is taken pursuant to a bona
28 fide retirement plan.
29 This paragraph (7) shall not apply with respect to any
30 cause of action arising under the Illinois Human Rights Act
31 as in effect prior to the effective date of this amendatory
32 Act of 1997 December 3, 1987 (the effective date of Public
33 Act 85-949).
34 (8) Police and Firefighter/Paramedic Appointment.
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1 Failing or refusing to hire or to discharge any
2 individual because of such individual's age if such
3 action is taken with respect to the employment of an
4 individual as a firefighter/paramedic or as a law
5 enforcement officer and the individual has attained:
6 (a) the age of hiring or appointment
7 retirement in effect under applicable State or local
8 law, which provides a maximum age hiring limitation
9 or for mandatory retirement, in effect on or before
10 March 3, 1983; or
11 (b) the age of hiring in effect on the date of
12 such failure or refusal to hire under applicable
13 State or local law enacted after the date of
14 enactment of the federal Age Discrimination in
15 Employment Act Amendments of 1996 (P.L. 104-208).
16 As used in this paragraph (7) or(8):
17 (a) "Firefighter/paramedic" means an employee, the
18 duties of whose position are primarily to perform work
19 directly connected with the control and extinguishment of
20 fires or the maintenance and use of firefighting
21 apparatus and equipment, or to provide emergency medical
22 services, including an employee engaged in this activity
23 who is transferred to a supervisory or administrative
24 position.
25 (b) "Law enforcement officer" means an employee,
26 the duties of whose position are primarily the
27 investigation, apprehension, or detention of individuals
28 suspected or convicted of criminal offenses, including an
29 employee engaged in this activity who is transferred to a
30 supervisory or administrative position.
31 The provisions of this paragraph (8) shall remain in
32 effect until December 31, 1993 or until similar
33 provisions in Section 4 of the federal Age Discrimination
34 in Employment Act of 1967 (29 U.S. Code 623) are deleted
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1 or repealed, whichever is later.
2 (9) Citizenship Status. Making legitimate
3 distinctions based on citizenship status if specifically
4 authorized or required by State or federal law.
5 (B) With respect to any employee who is subject to a
6 collective bargaining agreement:
7 (a) which is in effect on June 30, 1986,
8 (b) which terminates after January 1, 1987,
9 (c) any provision of which was entered into by a
10 labor organization as defined by Section 6(d)(4) of the
11 Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4)),
12 and
13 (d) which contains any provision that would be
14 superseded by this amendatory Act of 1987 (Public Act
15 85-748),
16 such amendatory Act of 1987 shall not apply until the
17 termination of such collective bargaining agreement or
18 January 1, 1990, whichever occurs first.
19 (C)(1) For purposes of this Act, the term "handicap"
20 shall not include any employee or applicant who is currently
21 engaging in the illegal use of drugs, when an employer acts
22 on the basis of such use.
23 (2) Paragraph (1) shall not apply where an employee or
24 applicant for employment:
25 (a) has successfully completed a supervised drug
26 rehabilitation program and is no longer engaging in the
27 illegal use of drugs, or has otherwise been rehabilitated
28 successfully and is no longer engaging in such use;
29 (b) is participating in a supervised rehabilitation
30 program and is no longer engaging in such use; or
31 (c) is erroneously regarded as engaging in such
32 use, but is not engaging in such use.
33 It shall not be a violation of this Act for an employer
34 to adopt or administer reasonable policies or procedures,
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1 including but not limited to drug testing, designed to ensure
2 that an individual described in subparagraph (a) or (b) is no
3 longer engaging in the illegal use of drugs.
4 (3) An employer:
5 (a) may prohibit the illegal use of drugs and the
6 use of alcohol at the workplace by all employees;
7 (b) may require that employees shall not be under
8 the influence of alcohol or be engaging in the illegal
9 use of drugs at the workplace;
10 (c) may require that employees behave in
11 conformance with the requirements established under the
12 federal Drug-Free Workplace Act of 1988 (11 U.S.C. 701 et
13 seq.) and the Drug Free Workplace Act;
14 (d) may hold an employee who engages in the illegal
15 use of drugs or who is an alcoholic to the same
16 qualification standards for employment or job performance
17 and behavior that such employer holds other employees,
18 even if any unsatisfactory performance or behavior is
19 related to the drug use or alcoholism of such employee;
20 and
21 (e) may, with respect to federal regulations
22 regarding alcohol and the illegal use of drugs, require
23 that:
24 (i) employees comply with the standards
25 established in such regulations of the United States
26 Department of Defense, if the employees of the
27 employer are employed in an industry subject to such
28 regulations, including complying with regulations
29 (if any) that apply to employment in sensitive
30 positions in such an industry, in the case of
31 employees of the employer who are employed in such
32 positions (as defined in the regulations of the
33 Department of Defense);
34 (ii) employees comply with the standards
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1 established in such regulations of the Nuclear
2 Regulatory Commission, if the employees of the
3 employer are employed in an industry subject to such
4 regulations, including complying with regulations
5 (if any) that apply to employment in sensitive
6 positions in such an industry, in the case of
7 employees of the employer who are employed in such
8 positions (as defined in the regulations of the
9 Nuclear Regulatory Commission); and
10 (iii) employees comply with the standards
11 established in such regulations of the United States
12 Department of Transportation, if the employees of
13 the employer are employed in a transportation
14 industry subject to such regulations, including
15 complying with such regulations (if any) that apply
16 to employment in sensitive positions in such an
17 industry, in the case of employees of the employer
18 who are employed in such positions (as defined in
19 the regulations of the United States Department of
20 Transportation).
21 (4) For purposes of this Act, a test to determine the
22 illegal use of drugs shall not be considered a medical
23 examination. Nothing in this Act shall be construed to
24 encourage, prohibit, or authorize the conducting of drug
25 testing for the illegal use of drugs by job applicants or
26 employees or making employment decisions based on such test
27 results.
28 (5) Nothing in this Act shall be construed to encourage,
29 prohibit, restrict, or authorize the otherwise lawful
30 exercise by an employer subject to the jurisdiction of the
31 United States Department of Transportation of authority to:
32 (a) test employees of such employer in, and
33 applicants for, positions involving safety-sensitive
34 duties for the illegal use of drugs and for on-duty
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1 impairment by alcohol; and
2 (b) remove such persons who test positive for
3 illegal use of drugs and on-duty impairment by alcohol
4 pursuant to subparagraph (a) from safety-sensitive duties
5 in implementing paragraph (3).
6 (Source: P.A. 87-348; 87-579; 87-895; 88-180.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.".